HomeMy WebLinkAboutPB-09/19/2011PLANNING BOARD MEMBERS
MARTIN H. SIDOR
Chair
WILLIAM J. CREMERS
KENNETH L. EDWARDS
JAMES H. RICH III
DONALD J. WILCENSK[
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: 631 765-1638
Fax: 631 765-3136
PLANNING BOARD
SPECIAL MEETING MINUTES
September 19, 2011
3:40 p.m.
Present were: Martin H. Sidor, Chair
William J. Cremers, Member
James Rich III, Member
Donald J. Wilcenski, Member
Heather Lanza, Planning Director
Mark Terry, Principal Planner
Alyxandra Sabatino, Planner
OCT
Martin Sidor: Good afternoon. A special meeting is now called to order.
CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE-
SUBDIVISIONS (Lot Line Changes)
Conditional Final Determination:
Estate of Antone Grigonis - This proposal is for an 80/60 clustered conservation
subdivision on 21.5978 acres (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
Southold Town Planning Board Page Two September 19, 2011
James Rich: Mr. Chairman, I will offer the following:
WHEREAS, 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 and Lot 7 = 30,000 sq. ft. and will be dedicated to the Town of Southold for
drainage purposes; and
WHEREAS, an application for Sketch Approval was submitted on January 17, 2007,
including the Sketch Plan prepared by John T. Metzger, L.S., dated July 12, 2006 and
last revised on January 11,2007, and the survey of the property identified as
SCTM#1000-55-1-5.1 prepared by John T. Metzger, L.S., dated January 11, 2007; and
WHEREAS, on March 12, 2007, the Southold Town Planning Board granted
Conditional Sketch Approval upon the map prepared by John T. Metzger, L.S., dated
July 12, 2006 and last revised on January 11, 2007; and
WHEREAS, on March 19, 2008, the applicant requested a retro-active Extension of
Conditional Sketch Approval; and
WHEREAS, on April 14, 2008, the Southold Town Planning Board granted an
Extension of Conditional Sketch Approval from September 12, 2007 to September 12,
2008 on the map, prepared by John T. Metzger, L.S., dated July 12, 2006 and last
revised on January 11, 2007; and
WHEREAS, on September 12, 2008, the Extension of Conditional Sketch Approval
expired; and
WHEREAS, on December 12, 2008, the applicant submitted a request for a second six
(6) month Extension of Conditional Sketch Approval; and
WHEREAS, the Southold Town Planning Board reviewed this request at their July 12,
2010 Work Session and agreed to grant a second six (6) month retro-active Extension
of Conditional Sketch Approval for the following reasons:
1) The applicant was awaiting drinking water test results from the Suffolk County
Department of Health Services.
2) The applicant was awaiting a response from the Town of Southold regarding
a request to extend the public water main to the proposed 3 lots being
created as part of this conservation subdivision.
3) The applicant was working with seven other devisees named in the Last Will
and Testament for Antone Grigonis on approvals from those devisees for
moving forward with the proposed conservation subdivision; and
Southold Town Planning Board Page Three September 20, 2011
WHEREAS, on December 19, 2008, drinking water test results were made available to
the applicant and the Town of Southold; and
WHEREAS, on May 19, 2009, the Town of Southold adopted Resolution 2009-418
approving the amendment to the water map and allowing for an extension of the water
main from Old North Road to provide public water to the proposed three residential lots
on Youngs Avenue; and
WHEREAS, the applicant has received all necessary approvals from all involved private
parties (devisees referenced above); and
WHEREAS, on July 13, 2010, the Southold Town Planning Board granted a retro-active
Extension of Conditional Sketch Approval on the map, prepared by John T. Metzger,
L.S., dated July 12, 2006 and last revised on January 11, 2007 from September 12,
2008 to January 12,2011; and
WHEREAS, on April 22,2011, the applicant submitted revised subdivision maps; and
WHEREAS, on June 6, 2011, the applicant submitted a request to the Southold Town
Planning Board to extend Conditional Sketch Approval for six (6) months; and
WHEREAS, on June 13, 2011, the Southold Town Planning Board extended
Conditional Sketch Approval for a period of six (6) months to December 13, 2011; and
WHEREAS, on August 25, 2011, the applicant submitted Preliminary Road and
Drainage Plans and a Draft Declaration of Covenants and Restrictions; and
WHEREAS, on August 26, 2011, a referral was sent to the Fire District; and
WHEREAS, on September 12,2011, a Public Hearing was held and closed; and
WHEREAS, on September 14, 2011, the Town Engineer submitted comments; and
WHEREAS, on September 19, 2011, the Local Waterfront Revitalization Coordinator
recommended that the action be found consistent with the Local Waterfront
Revitalization Program; and
WHEREAS, the Planning Board has found that 5 (five) street trees exist along Youngs
Avenue on Lots 1 and 2; therefore, let it be
RESOLVED, that the Southold Town Planning Board hereby waives the requirement for
street trees as described above;
Donald Wilcenski: Second.
Martin Sidor: Motion made and seconded. Any discussion? All in favor?
Southold Town Planning Board Page Four September 19, 2011
Ayes.
Martin Sidor: The motion carries.
James Rich: and be it further RESOLVED, that the Southold Town Planning Board
hereby waives §240-23., Coordination of review of performance bond estimate, and
agrees that the applicant can build the 25' right-of-way, 16' stone blend road with
associated drainage, street light, road sign and install, if required, a fire hydrant prior to
consideration for Final Approval. In the event that the road and drainage and fire
hydrant (if required) are not constructed, a performance bond will be required prior to
consideration of final approval;
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,
upon recommendation of the Local Waterfront Revitalization Program Coordinator,
finds the action consistent with the Local Waterfront Revitalization Program;
William Cremers: Second the motion.
Martin Sidor: Motion made and seconded. Any discussion? All in favor?
Ayes.
Martin Sidor: The motion carries.
James Rich: and be it further RESOLVED, that the Southold Town Planning Board
hereby grants Conditional Final Approval on the map prepared by John T. Metzger,
L.S. dated March 6, 2007 and last revised on June 22, 2011 with the following
conditions:
1. Submission of an amended Final Plat as follows:
a) The title of the map shall read "Final Plat Clustered Conservation Subdivision
for the Property of the Estate of Antone Grigonis". There is an existing
subdivision within the Town named Farmview and the name cannot be
repeated.
b) The Final Plat must be stamped by the Suffolk County Department of Health
Services.
Southold Town Planning Board Page Five September 19, 2011
c) Show a street light at the entrance of the subdivision on Young's Avenue.
d)
Extend the proposed 25' right-of-way to Lot 5; this is to ensure that Lot 5 is not
"landlocked". The "T" section shown as a turning feature should remain where
indicated.
e) The dirt road shown running through Lots 1, 3, and 4 shall be abandoned and
removed from the Final Plat. Access to Lot 5 shall be over the 25' right-of-way.
f) Label Lot 5 with "Development Rights to be sold to Suffolk County" and "This
lot contains 2.83 acres of clustered subdivision open space".
g) Label Lot 6 with "Development Rights to be sold to Suffolk County".
h) Provide all of the technical requirements pursuant to Section 240-21 of the
Southold Town Code.
i) Show a fire hydrant if required by the fire department.
j) Provide a proposed street name for the 25' right-of-way.
k) Show clearing restrictions for Lots I though 4.
I) Clarify what the notation "Conc." represents on proposed Lot 3 (Will it be
removed?)
2. Amend the C&R as follows:
a)
Change "on Subdivision for the Estate of Antone Grigonis: surveyed by John T.
Metzger, L.S., on July 12, 2006, last revised January 11,2007" to reflect the
latest map title and date "on the Subdivision Map of ....
prepared by , last revised , which map
has received approval from the Planning Board of the Town of Southold, and is
to be filed in the Suffolk County Clerk's Office".
b) The current version submitted references 6 lots. Please amend the document
to reflect 7 lots.
c)
Add a clause stating "The 3 (three) existing street trees that occur on proposed
Lot One and the 2 (two) existing trees on proposed Lot Two located adjacent to
Youngs Avenue have been accepted to satisfy the §240-17. Technical
requirements. Item H, 2,(n) and §161-44. Street Tree requirements of the Town
Code. In the event that the tree dies, the tree shall be replaced with a tree of
similar species.
Southold Town Planning Board Page Six September 19, 2011
d) Add the following to Clause 6:
i. Require the use of native, drought-tolerant plants in landscaping.
ii. Prohibit the application of lawn fertilizer between December 1st and
April 1
iii.
Require only the use of organic fertilizers where the water-soluble
nitrogen is no more than 20% of the total nitrogen in the mixture.
Require a maximum of 1 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.
Prohibit the use of phosphorus-containing lawn fertilizer unless
establishing a new lawn or a soil test shows that the lawn does not
have enough phosphorus. Fertilizer labels have three bold numbers.
The first number is the amount of nitrogen (N), the second number is
the amount of phosphorus oxide (P205) and the third number is the
amount of potassium oxide (K20). A bag of 10-5-10 fertilizer
contains 10 percent nitrogen, 5 percent phosphorus oxide and 10
percent potassium oxide. The law limits the amount of P205 to less
than 0.67%. Therefore the potassium oxide (middle number) should
be less than 0.67 for the product to meet the phosphorus lawn
fertilizer restriction.
vi.
Prohibit the application of lawn fertilizer on impervious surfaces and
require pick up of fertilizer applied or spilled onto impervious
surfaces.
vii. Prohibit the use of underground storage tanks, (except those with
spill, overfill, and corrosion protection requirements in place).
e) Add a clause "Driveways serving Lots 1-4 shall be constructed of pervious
materials and remain permeable into perpetuity".
3. Clarify who will own Lots 5 and 6. Will the lot be owned by a non-common private
owner?
4. Submission of a draft Road and Maintenance Agreement. This agreement shall
grant access over Lot 4 to Lots 2, 3, and 5.
5. Submission of the Park and Playground Fee in the amount of $10,500 ($3,500 for
each new residential lot being created).
Submission of the Administration Fee in the amount of $6,000 ($2,000 for each new
residential lot being created in lieu of the 6% of a performance bond estimate.
(Performance bond estimate requirement is being waived and improvements will be
constructed prior to Final Approval.)
Southold Town Planning Board Page Seven September 19, 2011
7. Construct required right-of-way and drainage, street light, street sign and install fire
hydrant (if required) prior to Final Approval. The Town Engineer shall be notified at
least 48 hours prior to any commencement of construction activities. All items of
work must be inspected either by the Town Engineer or a licensed third party design
professional.
8. File the Covenants and Restrictions and the Road and Maintenance Agreement as
approved by the Planning Board.
Donald Wilcenski: Second the motion.
Martin Sidor: Motion made and seconded. Any discussion? All in favor?
Ayes.
Martin Sidor: The motion carries.
Martin Sidor: We need a motion for adjournment.
James Rich: So moved.
William Cremers: Second.
Martin Sidor: Motion made and seconded. Any discussion? All in favor?
Ayes.
Martin Sidor: Motion carries. This meeting is ended.
There being no further business to come before the meeting, it was ADJOURNED at 3:45 p.m.
Respectfully submitted,
Ein~da Randolp~ 'l-'~nscribint~ Secretary
RECEIVED ~ ~,'
~/lartin-I-I. Sidor, Chairperson '
Southold Town Clerk