HomeMy WebLinkAboutPB-12/12/2011PLANNING BOARD MEMBERS
MARTIN II. SIDOR
Choir
WILLIAM J. CREMERS
KENNETII 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
Monday, December 12, 2011
4:30 p.m.
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
RECEIVED
JAN 10 2012
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, January 9, 2012 at 4:30 p.m. at the Southold Town Hall, Main Road,
Southold, as the time and place for the next regular Planning Board Public Meeting.
Kenneth Edwards: So moved.
William Cremers: Second.
Martin Sidor: Motion made and seconded. Any discussion? All in favor?
Ayes.
Martin Sidor: Motion cardes.
Southold Town Planning Board Page Two December 12,2011
SET HEARINGS
MetroPCS NY at Jun~le - This amended site plan is for a proposed 8'6" pole extension
to co-locate a wireless communication facility of six antennas (two per sector) on an
existing 100'5" monopole, and install related base equipment in a LI Zoning District.
The property is located at 21855 CR 48, +800' w/o Cox Lane, Cutchogue.
SCTM#1000-96-1-19.1
Kenneth Edwards: Mr. Chairman, I offer the following:
WHEREAS, this amended site plan is for a proposed 8'6" pole extension to co-locate a
wireless communication facility of six antennas (two per sector) on an existing 100'5"
monopole, and install related base equipment in a LI Zoning District on CR 48,
Cutchogue; be it therefore
RESOLVED, that the Southold Town Planning Board sets Monday, January 9, 2012 at
4:30 p.m. for a public hearing regarding the site plan dated May 11, 2010, prepared
by MTM Design Group, Inc.
Donald Wilcenski: Second.
Martin Sidor: Motion made and seconded. Any discussion? All in favor?.
Ayes.
Martin Sidor: Motion carries.
SUBDIVISIONS - SKETCH DETERMINATIONS
Verity, David - This proposal is for a standard subdivision of a 1.32-acre parcel into two
lots where Lot 1= 0.60 acres (26,340 sq. ft.) and Lot 2 = 0.71 acres (31,057 sq. ft.) in
the R-40 Zoning District. The property is located at 865 Nakomis Road, on the north
corner of the intersection of Nakomis Road and Hiawatha's Path, Southold.
SCTM#1000-78-3-26.
James Rich: Mr. Chairman, I offer the following:
Southold Town Planning Board Page Three December 12, 2011
WHEREAS, this proposal is a Standard Subdivision of a 1.32-acre parcel into two lots
where Lot 1= 0.60 acres (26,340 sq. ft.) and Lot 2 = 0.71 acres (31,057 sq. ft.) in the R-
40 Zoning District; and
WHEREAS, on April 1,2011, the applicant submitted their application; and
WHEREAS, on June 2, 2011, the Zoning Board of Appeals granted variances for
minimum lot size and side yard set backs; and
WHEREAS, on June 2, 2011, the applicant submitted the application fee in the amount
of $1,750; and
WHEREAS, on July 25, 2011, the Planning Board reviewed this application and found it
complete; and
WHEREAS, on August 29, 2011, referrals were sent to the Suffolk County Department
of Health Services, LWRP Coordinator, and the Town Engineer for their review; and
WHEREAS, on November 10, 2011, the applicant submitted revised maps; and
WHEREAS, the Southold Town Planning Board reviewed the revised plans at their
November 28, 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 Peconic Surveyors, P.C. entitled "Preliminary Plat
Standard Subdivision for David Vedty at Laughing Waters Town of Southold Suffolk
County, NY" dated September 23, 2011 with one condition as follows:
Remove the building envelopes from the plan before submitting the Preliminary Plat
Application. The building envelopes (front, side and rear yard setbacks) do not
reflect the distances required in the Town Code for this zoning district. The pre-
existing non-conforming buildings located on this property will remain as such and
future construction will be subject to the standard setbacks for the district.
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 Pa.qe Four December 12, 2011
SUBDIVISIONS - FINAL DETERMINATIONS
Battaglia, Joseph & Heidi - This proposal is for a standard subdivision of a 101,022
sq. ft. pamel into two lots where Lot 1 is equal to 43,213 sq. ft. and Lot 2 is equal to
57,809 sq. ft. in the R-40 Zoning District. This site is located at 1720 Hobart Road, on
the w/s/o Hobart Road, approximately 1,059' n/o Terry Lane, Southold. SCTM#1000-
64-3-3
Donald Wilcenski: Mr. Chairman I will offer the following resolution:
WHEREAS, this proposal is for a Standard Subdivision of a 101,022 sq. ft. parcel into
two lots where Lot 1 is equal to 43,213 sq. ft. and Lot 2 is equal to 57,809 sq. ft. in the
R-40 Zoning District; and
WHEREAS, on June 13, 2011, the Southold Town Planning Board granted Conditional
Final Approval on the plat entitled "Final Plat of Joseph & Heidi Battaglia," dated May
28, 2008 and last revised October 17, 2010, subject to conditions; and
WHEREAS, on November 28, 2011, the applicant submitted four mylar prints, 12 paper
pdnts of Department of Health Services approved maps, and the Administration Fee in
the amount of $2,000; and
WHEREAS, on November 30, 2011, the applicant submitted recorded Covenants and
Restrictions, Liber D00012677 and Page 017; and
WHEREAS, the Drainage Easement affecting Lot 2 shall be filed by the applicant
simultaneously with the filing of the Final Plat with the Office of the Suffolk County
Clerk; and
WHEREAS, the conditions of the Conditional Final Approval granted on June 13, 2011
have been met; be it therefore,
RESOLVED, that the requirement of the Storm Water Pollution Prevention Plan
(SWPPP) pursuant to Chapter 236 on the recommendation of the Office of the Town
Engineer be deferred until a Building Permit Application for Lot 1 is filed subject to the
following condition:
Install and maintain a hay bale turbidity screen pursuant to the Board of Trustees
Permit #7028 until Lot 1 is improved;
Kenneth Edwards: Second the motion.
Martin Sidor: Motion made and seconded. Any discussion? All in favor?.
Southold Town Planninq Board PaRe Five December 12, 2011
Ayes.
Donald Wilcenski: and be it further RESOLVED, that in the event that the subdivision is
not completed pursuant to the Approved Subdivision Plat and a copy of the recorded
Drainage Easement is not submitted to the Town of Southold Planning Department
within 30 days from this approval, the Planning Board's approval of the subdivision shall
automatically be rescinded and rendered null and void without any further action of the
Board, unless the Board agrees to an extended time period;
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 grants Final Plat Approval on the plat entitled "Final Plat of Joseph &
Heidi Battaglia" dated May 28, 2008 and last revised August 1,2011, and authorizes
the Chairman to endorse the map.
William Cremers: Second.
Martin Sidor: Motion made and seconded. Any discussion? All in favor?.
Ayes.
Martin Sidor: Motion carries.
SITE PLAN DETERMINATIONS
Re!:lina's Garden (Harbes) - This site plan application is to convert an existing 1,400
sq. ft. building to an office in connection with the over-all farm use of the site on 1.03
acres located in the A-C Zoning District. The property is located at 1150 Sound Avenue,
Mattituck. SCTM#1000-120-3-5.
William Cremers: Mr. Chairman, I will offer the following:
Southold Town Planning Board PaRe Six December 12, 2011
WHEREAS, this site plan is for the proposed conversion of an existing 1,400 sq. ft.
building to an office in connection with the over-all farm use of the site on 1.03 acres
located on the south side of Sound Avenue in the A-C Zoning District; and
WHEREAS, theapplicant submitted an application for site plan review on May 3, 2010;
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,
maintenance and repair of farm buildings and structures, and land use changes
consistent with generally accepted principles of farming" and therefore not subject to
SEQRA review; and
WHEREAS, on June 1, 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 14, 2010, a public hearing was held and closed by the Planning
Board for the above-referenced site plan; and
WHEREAS, on June 25, 2010, the Town of Southold LWRP Coordinator reviewed the
above-referenced project and has determined the proposed project to be consistent
with Southold Town LWRP policies; and
WHEREAS, on May 18, 2011, the Southold Zoning Board of Appeals granted variances
for the above-referenced project conceming the application for a Building Permit to
operate a farm office in a non-conforming building and the Code permitted number of
uses per the Bulk Schedule in the A-C Zone; and
WHEREAS, on May 20, 2011, the Southold Town Architectural Review Committee
reviewed and determined that the proposed building was acceptable; and
WHEREAS, on June 11,2011, the Mattituck Fire District determined there was
adequate fire protection and emergency access for the site; and
WHEREAS, on June 27, 2011, the Southold Town Engineer reviewed the above-
referenced application and has determined that the proposed drainage meets the
minimum requirements of Chapter 236 for Storm Water Management; and
Southold Town Planning Board PaRe Seven December 12, 2011
WHEREAS, on December 12, 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, 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 has determined that this proposed
action is consistent with the policies of the Town of Southold Local Waterfront
Revitalization Program;
Donald Wilcenski: Second.
Martin Sidor: Motion made and seconded. Any discussion? All in favor?.
Ayes.
Martin Sidor: Motion carries.
William Cremers: and be it further RESOLVED, that the Southold Town Planning
Board grants Approval to the site plan entitled "Harbes - Regina's Garden" prepared
by Howard W. Young on August 31,2011 and last revised on September 28, 2011, and
authorizes the Chairman to endorse the site plan.
Kenneth Edwards: Second.
Martin Sidor: Motion made and seconded. Any discussion? All in favor?.
Ayes.
Martin Sidor: Motion carries.
North Fork Self Storafle Carport - This site plan is for the proposed addition of an
1,800 sq. ft. carport on the existing 3.1 acre North Fork Self Storage site in the LI
Zoning District where four existing buildings total 53,425 sq. ft. The 40' x 45' carport
would be used as a staging area for customers to have temporary access to containers.
The carport is proposed to be built on an existing asphalt area. The property is located
at 50 Commerce Ddve, Cutchogue. SCTM#1000-96-1-1.4.
Kenneth Edwards: Mr. Chairman, I will offer the following resolution:
Southold Town Planning Board Page Eight December 12, 2011
WHEREAS, this site plan is for the proposed addition of an 1,800 sq. ft. carport on the
existing 3.1 acre North Fork Self Storage site in the LI Zoning District where four
existing buildings total 53,425 sq. ft. The 40' x 45' carport would be used as a staging
area for customers to have temporary access to containers. The carport is proposed to
be built on an existing asphalt area; and
WHEREAS, the applicant submitted an application for site plan review on September
21, 2011; and
WHEREAS, at a Work Session on October 17, 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) (7) 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) (7) "construction or expansion of a primary or accessory/appurtenant, non-
residential structure or facility involving less than 4,000 square feet of gross floor area
and not involving a change in zoning or a use variance and consistent with local land
use controls..." and not subject to review under SEQRA; and
WHEREAS, on October 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 October 27, 2011, the Southold Town Architectural Review Committee
reviewed and determined that the proposed carport structure was acceptable; and
WHEREAS, on November 1,2011, the Southold Fire District determined there was
adequate fire protection and emergency access for the site; and
WHEREAS, this action is exempt from review by the Suffolk County Planning
Commission because the "...site plan proposes less than 5,000 sq. ft. of new or
renovated floor area..." and is identified as a matter of local determination; and
WHEREAS, on November 14, 2011, a public hearing was held and closed by the
Planning Board for the above-referenced site plan; and
WHEREAS, on December 6, 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
Southold Town Planninq Board Pa.qe Nine December 12, 2011
WHEREAS, on December 7, 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; and
WHEREAS, on December 12, 2011, the Southold Town Chief Building Inspector
reviewed and certified the proposed site plan as a permitted use in the Light Industrial
Zoning District; 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 additional parking - the application is for an accessory
structure that will not be open to the public or generate more vehicular traffic than the
site already attracts; and
WHEREAS, at a Work Session held on December 12, 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 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.
Kenneth Edwards: and be it further RESOLVED, that the Southold Town Planning
Board has determined that this proposed action is consistent with the policies of the
Town of Southold Local Waterfront Revitalization Program;
William Cremers: Second.
Martin Sidor: Motion made and seconded. Any discussion? All in favor?.
Ayes.
Martin Sidor: Motion cardes.
Southold Town Planning Board Pa,qe Ten December 12, 2011
Kenneth Edwards: and be it further RESOLVED, that the Southold Town Planning
Board grants approval to the site plan entitled "North Fork Self Storage" prepared by
DiGiovanni & Associates, Architects on July 19, 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.
WAIVER OF SITE PLAN
La Gran Villa - This site plan is for the proposed modification of 1,293 sq. ft. of an
existing 2,156 sq. ft. building for a 16-seat single service restaurant on a .48-acre parcel
in the HB District. The site also contains a second 982 sq. ft. building currently used for
offices. There are 22 existing parking spaces on site and no more are proposed. The
property is located at 13000 NYS Route 25, +100' east of Love Lane, Mattituck.
SCTM#1000-114-11-12
James Rich: Mr. Chairman, I offer the following resolution:
WHEREAS, the applicant submitted an application for site plan review on September 8,
2011; and
WHEREAS, at a Work Session on October 3, 2011, the Planning Board accepted the
application for review with revisions; and
WHEREAS, the Southold Town Planning Board, pursuant to State Environmental
Quality Review (SEQR) 6 NYCRR, Part 617.5 (c) (1) 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) (1) "maintenance or repair involving no substantial changes in an existing
structure or facility," and not subject to review under SEQRA; and
WHEREAS, on October 27, 2011, the Planning Board, pursuant to Southold Town
Code §280-131 C., distributed the application to the required agencies for their
comments; and
Southold Town Plannin.q Board Pa,qe Eleven December 12,2011
WHEREAS, on November 1, 2011, the Mattituck Fire Distdct determined there was
adequate fire protection and emergency access for the site; and
WHEREAS, on November 14, 2011, a public headng was held and closed by the
Planning Board for the above-referenced site plan; 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 modifications to existing structures with no
substantial change to the existing footprint, where the Planning Board determines that
such modifications will not require significant changes to existing major site design
features 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 site plan because the footprint of the subject
building will not change, the proposed use will be using only a portion of the building on
site and the majority of the proposed alterations will be to the interior of the structure,
the driveway is existing with no other possible location, the proposed use will not
significantly increase the intensity of the use of the site as compared to previous uses,
and public health, safety and welfare can be served by the fulfillment of several
requirements, listed below in the resolution, prior to the issuance of a Building Permit;
and
WHEREAS, at a Work Session held on November 28, 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 may be waived; be it therefore,
RESOLVED, that the Southold Town Planning Board hereby waives the entire site plan
requirement for the Proposed Site Plan Application for "La Gran Villa Restaurant"
referenced above with the following conditions:
1. Install a "No Left Turn" sign at the property line on the east side of the driveway
to ensure safe egress from the site;
2. Control storm water run-off by meeting the minimum requirements of Chapter
236 of the Southold Town Code;
3. Any exterior lighting that is added after the date of this resolution must comply
with the Town Lighting Code §172; and
4. Prior to the issuance of a Certificate of Occupancy, the Planning Board requests
a courtesy inspection of the site.
William Cremers: Second.
Southold Town Planning Board Pa.qe Twelve December 12, 2011
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 November 14, 2011.
Donald Wilcenski: So moved.
William Cremers: Second.
Martin Sidor: Motion made and seconded. Any discussion? All in favor?.
Ayes.
Martin Sidor.: Motion cardes. Does anyone on the Planning Board wish to put anything
in the minutes?
Kenneth Edwards: rd just like to wish everybody a happy, healthy holiday season.
James Rich: Second.
Martin Sidor: Motion made and seconded. All in favor?.
Ayes.
Martin Sidor: Motion to adjourn?
James Rich: I make a motion.
Donald Wilcenski: Second.
Martin Sidor: Motion made and seconded. Any discussion? All in favor?.
Ayes.
Martin Sidor: Motion carries. This meeting is closed.
Southold Town Plannin.q Board PaRe Thirteen December 12, 2011
There being no further business to come before the meeting, it was ADJOURNED at
4:43 p.m.
Respectfully submitted,
Martin H. Sidor, Chair
RECEIVED
JAN 1 0 2012