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HomeMy WebLinkAboutPB-08/13/2012PLANNING BOARD MEMBERS DONALD J. WILCENSKI Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JAMES It. RICH III MARTIN H. SIDOR 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, August 13, 2012 6:00 p.m. RECEIVED ~Town Clerk Present were: Donald J. Wilcenski, Chairperson William J. Cremers, Member Kenneth L. Edwards, Member James H. Rich III, Member Martin H. Sidor, Member Heather Lanza, Planning Director Brian Cummings, Planner Alyxandra Sabatino, Planner Carol Kalin, Secretary SETTING OF THE NEXT PLANNING BOARD MEETING Don Wilcenski: Good evening ladies and gentlemen and welcome to the regularly- scheduled Southold Town Planning Board's August 13, 2012 Public Meeting. Our first order of business is to set Monday, September 17, 2012 at 6:00 p.m. at the Southold Town Hall, Main Road, Southold, as the time and place for the next Planning Board Meeting. William Cremers: So moved. Kenneth Edwards: Second. Don Wilcenski: Motion made and seconded. Any discussion? All in favor?. Ayes. Don Wilcenski: Motion carries. Southold Town Planninq Board Page Two Au,qust 13, 2012 PUBLIC HEARINGS 6:00 p.m. - Platinum East Properties, LLC - This site plan is for the proposed construction of a 2,880 sq. ft. electrical contractor office/warehouse on 0.9 acres in the General Business (B) Zoning District. The property is located at 48205 NYS Route 25, +956.85' west of Ackerly Pond Lane, Southold. SCTM#1000-69-6-3 Donald Wilcenski: At this time, I would like to ask anyone from the audience if they would like to speak in regard to this application. Yes, sir? As you come to the podium, please write and state your name for the record. Thank you, Mr. West. Dan West, 48110 Main RoadI Southold: Just a few concerns: this is the entrance of Southold; everything is pretty self-explanatory, but we just fixed up Triangle Park and then obviously the next lot is this one in question. So we are going to see a metal building--which Norton Building definitely does a good job. I think it looks decent. But the concern of the history of our Town and no matter how you do it, it's still going to be a lot of metal looking at us. A concern of the size of the parking lot area seems to me like a lot of asphalt. I know there has to be a percentage of parking. The dumpster was a concern; I know it's closed in, I believe, but I believe that faces Route 25--that's a concern. And, I think, finally, how many vehicles, how many trucks, how many vans are parked there. Other than that, that's about it. Donald Wilcenski: Thank you. Bill, would you like to address any of those questions? Mr. West, if you feel you'd like some information--if you'd stop at the Planning staff, we do have some updated plans and we will take all your comments into consideration. Dan West: When would that be? After the meeting? Donald Wilcenski: You could stop in at the Planning Office during business hours. Dan West: OK. Line up an appointment or something like that? Donald Wilcenski: You could actually just stop right in at any time--it's at the Annex Building (Capital One Building). Dan West: Right, OK. And lastly, I'm not sure a bunch of people know-the pitch of the roof is extremely Iow. Aesthetic-wise, I'm not here to point out, but the lower the pitch the less aesthetic things look. The higher the pitch--I don't know if they can go a little higher--it would be great, but just a couple of thoughts. Thanks. Southold Town Planninq Board Page Three August 13, 2012 Donald Wilcenski: Thank you. Bill Kelly, Agent for the Applicant: I think concern #1 was the building being visible from Route 25. If you look at the way it is on the site plan, it's pushed as far back towards Lower Road as we could possibly put it and still be in compliance with the Code as far as setback goes. We have the 12.5 corridor there. It's pretty well landscaped to camouflage the building. As far as the dumpster goes, we could discuss that. We are going to add some landscaping. There will be some tall evergreens upwards of 5' that would completely camouflage so that the dumpster would be nomvisible from Route 25. They've also added some landscaping across the south parking area so that it would be less visible from (Route) 25 and won't shine lights on (Route) 25. The parking area isn't all asphalt; it's actually just the main entry coming into the parking area. The handicap accessibility area to the building is asphalt; the rest of it is blue stone. The parking is what's required by Code. As far as vans and parking: everybody knows who Platinum Electric is. I think he has four vans on the road right now. The garage would accommodate at least two of those vans. (inaudible) I think too landscaping everything the area we've pretty much accomplished all that as far as accomplished enough to camouflage the building so that it probably will hardly be noticeable. Given a years time with landscaping and everything. I know it's there as you drive by because of the way Willow Hill sits. The antique store sits. We're not tearing down a lot of the existing overgrowth that's there so that we wouldn't expose any more than necessary. I think that pretty much addresses. As far as the roof pitch of the building: again, anything can be done but there's always a cost. You want to promote business, and one way to promote business is allowing to spend money on the business and not spend money on the building itself. That was a concern of his as well. Morton Building is pretty common to the area; it's not out of character for the area. Donald Wilcenski: Thank you. Would anybody else like to address the Planning Board on Platinum East Properties? Richard Salim, Owner, Willow Hill Antiques (east of proposed buildinq): My only concerns would be the landscaping facing me and what type of fencing. That's my biggest concern. Then, of course, the dumpster. Where is that going to be placed? Donald Wilcenski: OK. We will take all of your comments into consideration. We had a work session with Mr. Kelly earlier and we did address some of those issues. Once again, I invite you if you'd like to stop in to the Planning Office and speak with the staff there; they can show you the updated schematics. Richard Salim: OK. Thank you. Southold Town Planning Board Page Four August 13, 2012 Donald Wilcenski: Would anybody else like to address the Board on Platinum East Properties? Anybody from the Board have anything to add? Hearing none... William Cremers: I make a motion to close the hearing. Martin Sidor: Second. Donald Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Donald Wilcenski: Motion carries. Kenneth Edwards: Mr. Chairman, I'd like to offer the following resolution: WHEREAS, this site plan is for the proposed construction of a 2,880 sq. ft. electrical contractor office/warehouse on 0.9 acres in the General Business (B) Zoning District, Southold; and WHEREAS, the applicant submitted an application for site plan review on May 2, 2012; and WHEREAS, at a Work Session held on May 21,2012, the Planning Board accepted the application for review; and WHEREAS, on June 21, 2012, the Southold Town Planning Board, pursuant to Part 617, Article 6 of the Environmental Conservation Law acting under the State Environmental Quality Review Act, initiated the SEQR lead agency coordination process for this Unlisted Action; be it therefore, RESOLVED, that the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, performed a coordinated review of this Unlisted Action and, as lead agency, made a determination of non-significance and grants a Negative Declaration. William Cremers: Second. Donald Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Donald Wilcenski: Motion carries. Southold Town Planning Board Page Five August 13, 2012 HEARINGS HELD OVER Peconic Land Trust, Inc. Greenhouses - This proposed site plan is for two 16' x 24' (384 sq. ft.) greenhouses for agricultural use on a 21-acre (TDR) parcel in the R-80 Zoning District. The property is located at 3005 Youngs Avenue, _+1/4 mile south of Middle Road, Southold. SCTM#1000-63-1-25.3 & 25.4 Donald Wilcenski: This public hearing is a hold-over from last month. It was held open so we could gather more information and we have received several by mail. At this time I would like to ask anyone from the audience if they would like to speak to the Board in regard to this application. Please step forward to one of the two microphones, state and write your name for the record. Carol Bertsch: I want to thank you very much for allowing me to speak. The residents of Founders Village have returned today to again ask Peconic Land Trust to step up and be a good neighbor. At the public hearing on July 9, the Planning Board held open the public hearing until today and asked Peconic Land Trust to review the alternate site behind the barn for two plastic greenhouses. I attended the work session on July 23 when the Peconic Land Trust returned to the Board and indicated that they wanted to stick to this area; that there was not enough room behind the barn. I would like to address this response and briefly touch on some of the statements by the Land Trust at the work session. We did submit pictures today and you have a picture of the area behind the barn. I did not hear any measurements of the area behind the barn, just that it "didn't fit." Why wouldn't the plastic greenhouses fit in this area which appears larger than the area between the barn and our property line? We agree that the space where the Land Trust wants to put the plastic greenhouses was improved by them taking down the outbuilding. But it's a stretch to say the proposed plastic greenhouses are an improvement over the outbuilding. Although they were dilapidated, the outbuildings blended in and were very passive. No noise, no odor, no foot traffic. And greenery grew over them and covered them. They said they wanted to keep Area 2 as a possible farm stand in the future, and that an access road would be blocked and block in the greenhouses. I believe that the Peconic Land Trust manager at the first Public Hearing indicated that the plastic greenhouses were unsightly--I think that was her word--or not attractive enough to the public stopping at the farm stand to see. But I guess they're OK for us to look at 24~7. I am also thinking that won't the current fence and access road also interfere with the farm stand? The photos shown at the last public hearing looking south to the Founders Village property showed only part of the border that has a mature buffer. I would like to offer this photo. Again, we submitted a copy. Taken from Founders Village looking north, it shows the view that we at Founders Village would see. You can see that it is open. One of the main objectives of the Peconic Land Trust is to preserve open space for Southold Town Planninq Board Pa.qe Six August 13, 2012 future generations. If they erect the public greenhouses in this area, there will be no open space between the barn and our property line. I would respectfully suggest, if the Peconic Land Trust really wishes to use this are as they stated for educational purposes, that they consider a wildflower meadow with butterfly bushes that would attract beneficial insects to the adjoining farms as well as school children who would be delighted to have hands-on experience with butterflies. This photo shows the view of the property line looking south at Building 3's patio. Again, we did submit this. This is the unit that will be most directly impacted by the plastic greenhouses. Imagine inviting guests to dine on your patio with a view of the public greenhouses. You're looking out of all of your windows and looking at these greenhouses. We would like to suggest--in addition to the large area behind the barn-that the Hubbard parcel be considered as one of the alternative sites. This property is located between several businesses, has recently been cleared by Peconic Land Trust, and would not adversely affect any resident. It is near the community gardens and a parking area. The Hubbard property is a good distance from any existing residence, in direct contrast to the proximity of ten units--not one unit--that border the original proposed site on Founders Village property line. We would ask if there is the possibility within the trend of the easement to have the plastic greenhouses put there. Again, we submitted this parcel. You can see that any greenhouses put in this area would be screened by trees. This photo shows part of the cleared area where the plastic greenhouses might be located: a goodly distance away from our homes and our patios. This last picture shows the area in relation to the two community garden areas. It is also a good photo of the space behind the barn compared to the smaller area here between the barn and our property line. You can also see that the community gardens are much closer to the Hubbard parcel than they would be to the greenhouses up against our property line. It would also be closer if the greenhouses were placed behind the barn rather than on the side of it. You can see the distance clearly. When many of the Founders Village residents purchased their units, there was a reasonable expectation that the Charnews property would not be farmed again. In the current economy, the 92 families of this Village are mindful that our property values will further decline as a result of the plastic greenhouses on our common property line. We currently generate between $200,000-$300,000 tax revenue annually. I would like to leave a letter that I sent to the Suffolk Times which was not published: "Dear Neighbors: Perhaps you are aware that residents of Founders Village in Southold are asking the Peconic Land Trust to not locate their proposed two large plastic greenhouses so close to our residents' patios. Forty of us attended the Public Hearing on their site plan on July 9 to voice our concerns of noise, odors and diminished views if these structures are built so close to our border. We did not come Southold Town Planning Board Pa,qe Seven Au.qust 13, 2012 with expensive attorneys or experts, but simply to ask the Peconic Land Trust to be good neighbors and find another place for the structures. We welcomed the Land Trust next door in 2008, and we continue to support their programs and goals. However, the realities of life on the North Fork today in 2012 call for flexibility and accommodation. This land has not been farmed in generations. During that time, 92 families moved in next door and forever changed this landscape on Youngs Avenue. We will be back at the August 13 Planning Board Public Hearing to try again to persuade the Planning Board and the Land Trust to locate the 12' tall greenhouses out of sight and sound of our neighbors homes. We want to be good neighbors and we know that the Land Trust wants to be a good neighbor. Please join us in asking the Peconic Land Trust to step up." Unfortunately, they didn't publish my letter. Also, at the work session on July 23, one of the gentlemen of the Planning Board who was quoted in the Suffolk Times, expressed the opinion that the greenhouses were small and a minor addition to the property. I would suggest, just as minor surgery is surgery on someone else, 12' high greenhouses are small plastic greenhouses on someone else's property line. In other words, it's OK for Peconic Land Trust to erect them--just not in your backyard, but in my backyard. At this time I would like to present to the Board and the Land Trust copies of a petition signed by 90 residents of Founders Village. It reads: "the undersigned persons, being residents of Founders Village in the Town of Southold, New York, hereby petition the Town of Southold Planning Board to deny the application of the Peconic Land Trust to locate the two greenhouses in the area adjacent to the southerly end of the existing barn and for the Peconic Land Trust to relocated the proposed greenhouses to an area further distant from and out of sight of the property line for Founders Village." Thank you. I would like to ask the residents that live in this unit to speak to you. Donald Wilcenski: Thank you. Would anyone else like to address the Planning Board on the Peconic Land Trust greenhouses? Yes, sir? Don WaRner, President of Founders Villa,qe Homeowners Association: You have heard what some of our people are going through here, and I tell you that we never had this trouble when it was owned by Mr. Charnews as a neighbor. It was 27 years ago that Founders Village was established. In the last four years, all of a sudden all heck is starting to break loose here. This is why many of our residents are very upset to say the least. We have been very cooperative with them and their leasing of the property to the west--that portion of it. Also, we complied with their request to tie in with some of the trees when putting up the deer fence. We complied with them when they asked that we not put any insecticide down because the vegetables they grow are all organic. Things like this we have been cooperative. We've even donated financially each year that they've been there. So, we are not against them. We believe that the Peconic Land Trust is a good organization and they are trying to help the people on the East End. But we are all senior citizens. We have some people in their 90's and they are Southold Town Planninq Board Page Eight August 13, 2012 still very alert--they're not in a nursing home. I say this because I know what some people think. I urge you to give this very serious consideration because you are going to have some very unhappy people if those little plastic greenhouses go up. Please consider this very seriously when you make your decision. Thank you. Donald Wilcenski: Thank you. Polly Wells: I'm a 91-year-old lady who lives closest to this area. I look out of my living room window; the sliding glass door looks right out on the greenhouse. And my kitchen windows look right out. I just wish they could put it in a different place. Thank you for your attention. Donald Wilcenski: Thank you very much. Would anybody else like to address the Board? Yes, sir. John Abele, Founders Village: After the last hearing, I went over to the property again. One thing I noticed, there is a sign on the property that recounts the history of the project; how the Land Trust became the owner. One of the things it says is that the Land Trust sold the development rights to the Town of Southold. I was not aware of that before. When you sell development rights, that usually means no development. This proposal to me is a development, and it's not a very promising one. What we think we're gonna take is another Catapano Farms similar to the buildings they have on the Main Road in Southold. They are not very inspiring and they certainly would be objectionable to the people in Founders Village. I think they'd also be very objectionable to the people traveling on Youngs Avenue, which is a pretty busy street. It gets a lot of traffic, and they'd be looking at these buildings that are really I think would be a bad advertisement for the Peconic Land Trust because, as I said in the last meeting, this whole thing is contrary to the idea of leaving open space. They are putting these buildings in. The meeting notice is a little misleading in terms of it says this is a 21-acre site. But the Land Trust insists that this is the only place they can put these things; that just doesn't seem right. In terms of both the people of Founders Village and the people of the Town of Southold, I think we have to take a very serious look at this. I also question if the development rights were sold to the Town, perhaps the disposition of the question should go to the elected representatives on the Town Board rather than the Planning Board. I don't know the mechanics of that, but I raise the question. Thank you. Donald Wilcenski: Thank you very much. Would anybody else like to address the Board on the public hearing of Peconic Land Trust? Yes, sir. Steve Searle, Peconic Land Trust: I just wanted to respond to a few things here if I may. The first is: I think it's important just for everybody to kind of understand what the intent--not only of the purchase of development rights program was on this farm, but Southold Town Planninq Board Pa,qe Nine August 13, 2012 also what the intent of our objectives here---the Peconic Land Trust objectives are with this farm. The intent of the purchase of development rights at the time was to conserve a working farm and a working landscape. In this case, this is actually the proposed greenhouses fall within an Ag Structure area. There are two--as people pointed out here-on the property. This is the most prominent one. Historically, this is where all the Ag buildings have been and we feel like it makes sense to cluster them, if you will, onto one part of the property. Again, where historically they have been. The rest of the property is fenced and we actively farm it. Actually I should say we don't actively farm it, we have a number of tenants who actively farm. And that's getting back to our mission here on this farm is to ensure that farmers have access to productive working farmland. So we do have a number of tenants--Sang Lee Farms among them--that have been farming now for the last at least three years. I also just wanted to add in terms of location, we thought long and hard about proposing other locations and we talked with the Planning Board at the last work session about other possibilities. As much as we'd like to be able to try to squeeze it in between the barn and the fence, for space reasons that's just not realistic. We, of course, need access all the way around the fence. There are other access ways to and in and out of the fence which are going to be compromised with other placement. Again, we feel like keeping it in that area makes a lot of sense, particularly from the working farm vantage point. To have ready access and immediate access to the farm for the growers is very important. That's another reason for placing it in that area and it being in close proximity to the fenced-in agricultural land. Getting back to the reason in large part why we acquired it. It's just to ensure that we are able to provide farmers both established and start-up farmers and community gardeners as well to a certain extent. But our emphasis really is on continuing to grow commercial agricultural growers out here. If there are any other questions I'd be happy to answer them. Donald Wilcenski: Please address the Board. Carol Bertsch: Again, Mr. Searle did not give us any dimensions. I would still like to suggest that the area between the barn and the fence is much larger than the area between our property and the back of the barn. I did personally go to Sang Lee Farms and speak with a representative. They told me they have almost 20 greenhouses on their property and the one thing they do not need at Peconic Land Trust is another greenhouse. They have more than enough on their property on 48. They have no need of one greenhouse, much less two right behind us. So I would like to state that for the record, please. Donald Wilcenski: Thank you. Would anybody else like to address the Planning Board on Peconic Land Trust. Anybody from the Board have any comments or anything you'd like to add for the record? Hearing none .... Southold Town Planninq Board Page Ten August 13, 2012 William Cremers: I make a motion to close the hearing. Martin Sidor: Second. Donald Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Donald Wilcenski: Motion carries. Thank you very much, ladies and gentlemen, for coming out. We will take all your mailings and comments into consideration as we go through the process of this file. SET HEARINGS Barszczewski, Joseph Jr. - This site plan is for the proposed construction of a 50' x 75' (3,750 sq. ft.) storage building on a 9,375 sq. ft. parcel in the LI Zoning District. The property is located at 105 Lawrence Lane, _+240' west of NYS Rt. 25 and Lawrence Lane, Greenport. SCTM#1000-53-2-9 James Rich: Mr. Chairman, I offer the following resolution: WHEREAS, on June 5, 2012, the owner submitted an application for site plan review; and WHEREAS, this site plan is for the proposed construction of a 50' x 75' (3,750 sq. ft.) storage building on a 9,375 sq. ft. parcel in the LI Zoning District, Greenport; be it therefore RESOLVED, that the Southold Town Planning Board sets Monday, September 17, 2012 at 6:00 p.m. for a public hearing regarding the site plan for Joseph Barszczewski, Jr. dated May 24, 2012 prepared by John T. Metzger. William Cremers: Second. Donald Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Donald Wilcenski: Motion carries. Thank you very much ladies and gentlemen. Southold Town Planning Board Page Eleven August 13, 2012 Neumann, James - This proposal is to subdivide a 24.9-acre parcel into 5 clustered lots and 1 Open Space Lot where Lot 1 equals 2.28 acres inclusive of .52 acres of Open Space; Lot 2 equals 3.49 acres inclusive of .50 acres of Open Space; Lot 3 equals 3.03 acres inclusive of .49 acres of Open Space; Lot 4 equal 3.01 acres inclusive of .53 acres of Open Space; Lot 5 equals 2.22 acres inclusive of .93 acres of Open Space; and Lot 6 equals 10.09 acres of Open Space. The parcel is located in the R-80 Zone between Mattituck Creek and Mill Road, Mattituck. SCTM#1000-107-1-1.3 Martin Sidor: WHEREAS, this proposal is to subdivide a 24.9 acre parcel into 5 clustered lots and 1 Open Space Lot where Lot 1 equals 2.28 acres inclusive of .52 acres of Open Space, Lot 2 equals 3.49 acres inclusive of .50 acres of Open Space, Lot 3 equals 3.03 acres inclusive of .49 acres of Open Space, Lot 4 equal 3.01 acres inclusive of .53 acres of Open Space, Lot 5 equals 2.22 acres inclusive of .93 acres of Open Space and Lot 6 equals 10.09 acres of Open Space; and WHEREAS, on November 14, 2011, the Southold Town Planning Board granted Conditional Sketch Approval on the plat entitled "Subdivision of James A. Neumann Sketch Plat No. IR", dated April 2, 2008 and last revised September 26, 2011; be it therefore RESOLVED, that the Southold Town Planning Board sets Monday, September 17, 2012 at 6:02 p.m. for a preliminary public hearing regarding the Preliminary Plat entitled "Cluster Subdivision James A. Neumann" dated February 10, 2012 and last revised July 5, 2012, prepared by Young and Young Engineering. William Cremers: Second. Don Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Don Wilcenski: Motion carries. Southold Town Planninq Board Pa.qe Twelve August 13, 2012 SUBDIVISIONS - CONDITIONAL FINAL DETERMINATIONS Ioannou, Constantine - This proposed standard subdivision is for 3 lots on 6.81 acres where Lot I equals 92,332 sq. ft., Lot 2 equals 124,679 sq. ft., inclusive of the 25' wide right-of-way, and Lot 3 equals 80,000 sq. ft. The property is located on the n/s/o NY State Road 25, 4,848' e/o Kayleigh's Court in East Marion. SCTM#1000-23-1-14.7 William Cremers: Mr. Chairman, I will offer the following: WHEREAS, this proposed standard subdivision is for 3 lots on 6.81 acres where Lot 1 equals 92,332 sq. ft., Lot 2 equals 124,679 sq. ft., inclusive of the 25' wide right-of-way, and Lot 3 equals 80,000 sq. ft.; and WHEREAS, on March 13, 2012, the Southold Town Planning Board granted 2nd Preliminary Plat Approval on the plat entitled "Minor Subdivision for Ioannou Constantine at East Marion", dated September 7, 2000 and last revised February 25, 2004, prepared by Peconic Surveyors, P.C.; and WHEREAS, on March 16, 2012, the agent submitted requested changes to the draft Covenants and Restrictions, the draft Road and Maintenance Agreement, and the Final Plat along with the Final Plat Fee; and WHEREAS, on March 19, 2012, the agent submitted the Park and Playground Fee and the Administration Fee; and WHEREAS, on March 29, 2012, the agent submitted the requested New York State Department of Environmental Conservation Permit Re-issuance; and WHEREAS, on April 9, 2012, the Southold Town Planning Board, at their Work Session, reviewed the Bond Estimate provided by the Office of the Town Engineer, the revised Draft Covenants and Restrictions, the draft Road and Maintenance Agreement, and the Final Plat and agreed to waive the final hearing after finding that the Final Plat was substantially the same as the Preliminary Plat pursuant to Section 240-56 Southold Town Code; and WHEREAS, on May 2, 2012, the agent submitted the changes requested to the Final Plat; and WHEREAS, on May 9, 2012, the agent submitted the revised Road and Maintenance Agreement, and the Covenants and Restrictions; and WHEREAS, on July 2, 2012, the agent submitted the subdivision bond; and Southold Town Planninq Board Pa,qe Thirteen Au,qust 13, 2012 WHEREAS, on July 10, 2012, the Southold Town Planning Board, at their Work Session, tabled the acceptance of the subdivision bond for further review of the bond expiration date; and WHEREAS, on July 23, 2012, the Southold Town Planning Board, at their Work Session, reviewed the bond request and found that the bond's expiration is automatically renewed each year; and WHEREAS, on July 24, 2012, the agent submitted a Schedule A and minor changes requested to the Covenants and Restrictions; and WHEREAS, on July 25, 2012, the agent submitted 13 copies of each of the Final Mylars and Prints endorsed by the Department of Health Services; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants Conditional Final Approval on the map entitled "Final Plat Standard Subdivision Constantine Ioannou" dated September 7, 2000, last revised March 8, 2012, with the following conditions: 1. File the Covenants and Restrictions and the Road and Maintenance Agreement with the Suffolk County Clerk and submit a filed copy of each to the Planning Department. 2. The acceptance of the Bond by the Southold Town Board. Martin Sidor: Second. Don Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Don Wilcenski: Motion carries. Southold Town Planning Board Page Fourteen August 131 2012 SUBDIVISIONS - FINAL DETERMINATIONS Manor Grove Corp. - This proposal is for an 80/60 clustered conservation subdivision of a 29.8-acre parcel into two lots where Lot 1=0.72 acres in the LB Zoning District and Lot 2=28.74 acres to be preserved as open space in the R-80 & LB Zoning Districts. An undevelopable ¼ acre strip of land will also be subdivided in the R-80 Zoning District to be merged with adjacent parcels. The property is located at 68775 Main Road & 650 Albertson Lane, on the northeastern corner of Albertson Lane & Main Road, Greenport. SCTM#'s 1000-53-1-1.2 & 1.3 Kenneth Edwards: I will offer the following resolution: WHEREAS, this proposal is for an 80/60 conservation subdivision of a 29.8-acre parcel into 2 lots where Lot 1=0.72 acres (31,450 sq. ft.) is clustered in the LB Zoning District and Lot 2=28.74 acres to be preserved as open space in the R-80 & LB Zoning Districts; and WHEREAS, on February 7, 2012, the Southold Town Planning Board, pursuant to SEQRA, made a determination of non-significance for the proposed action and granted a Negative Declaration; and WHEREAS, on February 7, 2012, the Southold Town Planning Board granted Conditional Final Plat Approval upon the map entitled "Final Plat Manor Grove Corp. Conservation Subdivision", dated February 2, 2009 and last revised February 6, 2012, with conditions; and WHEREAS, on July 31, 2012, the applicant submitted 13 paper final plats and 5 mylar Final Plats with Health Department approval; and WHEREAS, all conditions of Conditional Final Approval have been met; be it therefore RESOLVED, that the Southold Town Planning Board grants Final Approval upon the Map entitled "Final Plat Manor Grove Corp. Conservation Subdivision" dated February 2, 2009 and last revised February 6, 2012 and authorizes the Chairman to endorse the map. William Cremers: Second. Don Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Don Wilcenski: Motion carries. Southold Town Planninq Board Page Fifteen August 13, 2012 BOND DETERMINATIONS Ioannou, Constantine - This proposed standard subdivision is for 3 lots on 6.81 acres where Lot 1 equals 92,332 sq. ft., Lot 2 equals 124,679 sq. ft., inclusive of the 25' wide right-of-way, and Lot 3 equals 80,000 sq. ft. The property is located on the n/s/o State Road 25, 4,848' e/o Kayleigh's Court in East Marion. SCTM#1000-23-1-14.7 William Cremers: Mr. Chairman, I offer the following resolution: WHEREAS, this proposed standard subdivision is for 3 lots on 6.81 acres where Lot 1 equals 92,332 sq. ft., Lot 2 equals 124,679 sq. ft. inclusive of the 25' wide right-of-way, and Lot 3 equals 80,000 sq. ft.; and WHEREAS, on March 1, 2012, the Office of the Town Engineer recommended the Bond Estimate in the amount of $86,745.00; and WHEREAS, on April 9, 2012, the Southold Town Planning Board, at their Work Session, accepted the Bond Estimate on the recommendation of the Office of the Town Engineer; be it therefore RESOLVED, that the Southold Town Planning Board accepts the Travelers Casualty and Surety Company of America Subdivision Bond No. 105801386 in the amount of $86,745.00 and recommend same to the Town of Southold Town Board. Kenneth Edwards: I second the motion. Don Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Don Wilcenski: Motion carries. SPECIAL EXCEPTION DETERMINATIONS T-Mobile, NE at LIPA - This application is to bring an existing wireless communication facility into compliance with Southold Town Code insofar as the facility was constructed without benefit of the necessary permits, as well as to upgrade the facility. The antennas are mounted on the exterior of the pole at a height of 84' located on an 8.3- acre site in the LB Zoning District. The property is located at 69685 NYS Route 25, +500 ft. w/o Chapel Lane, Greenport. SCTM#1000-45-1-14.1 Southold Town Planning Board Page Sixteen August 131 2012 Martin Sidor: WHEREAS, an application for a Special Exception & Site Plan Approval for a wireless communication facility was accepted for review on April 23, 2012, including a site plan prepared by William F. Collins, dated September 13, 2010; and WHEREAS, this application is to bring an existing wireless communication facility into compliance with Southold Town Code insofar as the facility was constructed without benefit of the necessary permits, as well as to up-grade the facility. The antennas are mounted on the exterior of the pole at a height of 84 feet located on an 8.3 acre site in the LB Zoning District; and WHEREAS, on May 21, 2012, the Southold Town Planning Board, pursuant to Part 617, Article 6 of the Environmental Conservation Law acting under the State Environmental Quality Review Act, initiated the SEQR lead agency coordination process for this Unlisted Action; and WHEREAS, the submission by the applicant has been reviewed and corroborated with an independent radio frequency engineer retained by the Town to assist in the review process; and WHEREAS, on July 6, 2012, the Town of Southold LWRP Coordinator reviewed the above-referenced project and had recommended the proposed project to be consistent with Southold Town LWRP policies; and WHEREAS, on July 9, 2012, a public hearing was held and closed; and WHEREAS, on July 27, 2012, the Southold Town Building Inspector reviewed the plan and certified that the proposed action is a permitted use in this Limited Business Zoning District; and WHEREAS, on August 13, 2012, the General Requirements in 280-70 were met; and WHEREAS, on August 13, 2012, the Southold Town Planning Board made a determination that the applicant has satisfied the requirements for a Special Exception pursuant to Town Code Section 280-142 based on the following: That the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts. That the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located or of permitted or legally established uses in adjacent use districts. That the safety, the health, the welfare, the comfort, the convenience or the order of the Town will not be adversely affected by the proposed use and its location. Southold Town Planninq Board Pa.qe Seventeen August 13, 2012 That the use will be in harmony with and promote the general purposes and intent of this chapter. That the use will be compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regard to visibility, scale and overall appearance. That all proposed structures, equipment and material shall be readily accessible for fire and police protection; and WHEREAS, on August 13, 2012, the Southold Town Planning Board reviewed the application to determine whether it met the additional standards for Special Exception Approval for a Wireless Communication Facility pursuant to §280-73B as follows: 1. Construction of the proposed facility or modification of the existing facility is a public necessity in that it is required to meet current or expected demands of the telecommunications provider and to render adequate service to the public. 2. The applicant has made substantial effort to co-locate with existing wireless facilities, or, failing that, has made substantial effort to locate on municipally- owned land or structures, or within or on existing buildings or structures. 3. There are compelling reasons which make it more feasible to construct the proposed facilities rather than alternatives; therefore, be it RESOLVED, that the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, performed a coordinated review of this Unlisted Action and, as lead agency, made a determination of non-significance and grants a Negative Declaration; William Cremers: Second. Don Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Don Wilcenski: Motion carries. Martin Sidor: and be it further RESOLVED, that the Southold Town Planning Board hereby finds and determines that the standards for Special Exception Approval have been met; William Cremers: Second. Don Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Southold Town Planninq Board Page Eighteen August 13, 2012 Don Wilcenski: Motion carries. Martin Sidor: and be it further RESOLVED, that the Southold Town Planning Board has determined that the action is consistent under the policies of the Town of Southold Local Waterfront Revitalization Program as outlined in the memo prepared by the LWRP Coordinator; Kenneth Edwards: Second. Don Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Don Wilcenski: Motion carries. Martin Sidor: and be it further RESOLVED, that after deliberation of the application and consideration of the above factors, the Southold Town Planning Board grants a Special Exception for the Wireless Facility as shown in the site plan application for "T-Mobile Northeast @ Southold Substation" prepared by William F. Collins, dated September 13, 2010 and last revised February 29, 2012. William Cremers: Second. Don Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Don Wilcenski: Motion carries. SITE PLAN DETERMINATIONS T-Mobile, NE at LIPA - This application is to bring an existing wireless communication facility into compliance with Southold Town Code insofar as the facility was constructed without benefit of the necessary permits, as well as to up-grade the facility. The antennas are mounted on the exterior of the pole at a height of 84 feet located on an 8.3-acre site in the LB Zoning District. The property is located at 69685 NYS Route 25, +500 ft. w/o Chapel Lane, Greenport. SCTM#1000-45-1-14.1 Southold Town Planninq Board Pa.qe Nineteen August 13, 2012 William Cremers: WHEREAS, this application is to bring an existing wireless communication facility into compliance with Southold Town Code insofar as the facility was constructed without benefit of the necessary permits, as well as to up-grade the facility. The antennas are mounted on the exterior of the pole at a height of 84' located on an 8.3-acre site in the LB Zoning District; and WHEREAS, on February 15, 2012, the Southold Town Zoning Board of Appeals (ZBA) reviewed three (3) requests for variances for the above-referenced application: 1) more than the maximum code required height of 45 feet, 2) location of mounted antenna not located in the code required interior, and 3) less than the code required distance to adjacent residential property line of 500 feet. The ZBA granted all variances as applied for; and WHEREAS, on March 7, 2011, the agent, John Coughlin, Esq., submitted an application for site plan review and special exception review; and WHEREAS, at a Work Session on April 23, 2012, the Planning Board accepted the application for review; and WHEREAS, on May 21, 2012, 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 18, 2012, the Southold Town Engineer reviewed the above- referenced application and has determined the project to provide adequate drainage and the proposed drainage meets the minimum requirements of Chapter 236 for Storm Water Management; and WHEREAS, on June 19, 2012, the Suffolk County Planning Commission deemed the site plan application a matter for local determination as there appears to be no significant county-wide or inter-community impact(s); and WHEREAS, on July 3, 2012, the Greenport Fire District determined there was adequate fire protection and emergency access for the site; and WHEREAS, on July 6, 2012, the Town of Southold Local Waterfront Revitalization Program (LWRP) Coordinator reviewed the above-referenced project and has recommended the proposed project be found consistent with Southold Town LWRP policies; and WHEREAS, on July 9, 2012, a public hearing was held and closed by the Planning Board for the above-referenced site plan; and Southold Town Planninq Board Page Twenty August 13, 2012 WHEREAS, on July 27, 2012, the Southold Town Chief Building Inspector reviewed and certified the proposed site plan as a permitted use in the Limited Business Zoning District; and WHEREAS, at a Work Session held on August 13, 2012, 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; and WHEREAS, on August 13, 2012, the Southold Town Planning Board, pursuant to Part 617, Article 6 of the Environmental Conservation Law acting under the State Environmental Quality Review Act, granted a Negative Declaration for this Unlisted Action; and WHEREAS, at their public meeting on August 13, 2012, the Planning Board granted approval to the Special Exception application for this site; 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 LWRP; Kenneth Edwards: Second. Don Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Don Wilcenski: Motion carries. William Cremers: and be it further RESOLVED, that the Southold Town Planning Board grants Approval to the site plan entitled "T-Mobile Northeast @ Southold Substation" prepared by William F. Collins, AIA, dated September 13, 2010, last revised on February 29, 2012, and authorizes the Chairman to endorse the site plan including the following six (6) plans: 1. T-1 Title Sheet and Drawing Index 2. SP-1 Site Plan w/Wetland Markers, Key Map, Legend and Notes 3. SP-1A Vicinity Map w/Land Usage and 500' Radius Determinations 4. SP-1B Site Plan 5. SP-2 Enlarged Equipment Plan and Details 6. SP-3 North, South, East and West Elevations Martin Sidor: Second. Don Wilcenski: Motion made and seconded. Any discussion? All in favor? Southold Town Planninq Board Pa.qe Twenty-One Au.qust 13, 2012 Ayes. Don Wilcenski: Motion carries. De Art of Nature, LLC - This site plan is for a proposed 17,888 sq. ft. addition to an existing 37,183 sq. ft. glass greenhouse structure and two (2) new office trailers @ 720 sq. ft. each on a 5.8 acre parcel in the A-C Zoning District. The property is located at 23423 CR 48, +900' east of Cox Lane and CR 48, Cutchogue. SCTM#1000-84-1-10.4 Kenneth Edwards: I will offer the following resolution: WHEREAS, this site plan is for a proposed 17,888 sq. ft. addition to an existing 37,183 sq. ft. glass greenhouse structure and two (2) new office trailers @ 720 sq. ft. each on a 5.8 acre parcel in the A-C Zoning District, Cutchogue; and WHEREAS, the applicant submitted an application for site plan review on January 25, 2012; and WHEREAS, at a Work Session held on February 27, 2012, the Planning Board accepted the application for review; and WHEREAS, on March 15, 2012, the Planning Board, pursuant to Southold Town Code §280-131 C., distributed the application to the required agencies for their comments; and WHEREAS, on April 5, 2012, the Cutchogue Fire District determined there was adequate fire protection and emergency access for the site; and WHEREAS, on April 6, 2012, the Suffolk County Planning Commission deemed the site plan application a matter for local determination as there appears to be no significant county-wide or inter-community impact(s); and WHEREAS, on April 9, 2012, the Southold Town Planning Board, pursuant to State Environmental Quality Review (SEQR) 6 NYCRR, Part 617.5 (c) determined that the proposed action is a Type II Action as it falls within the description for 6 NYCRR, Part 617.5 (c) (3); and WHEREAS, on April 9, 2012, a public hearing was held and closed by the Planning Board for the above-referenced site plan; and Southold Town Planning Board Pa.qe Twenty-Two Au.qust 13, 2012 WHEREAS, on April 19, 2012, the Town of Southold LWRP Coordinator reviewed the above-referenced project and recommended that the proposed project be found consistent with Southold Town LWRP policies; and WHEREAS, on May 5, 2012, the Southold Town Zoning Board of Appeals reviewed the application and request for variances, whereby granting the variances as applied for with three (3) conditions for the site plan, dated December 15,2011, prepared by Garrett A. Strang, Architect; and WHEREAS, on July 13, 2012, the Southold Town Engineer reviewed the above- referenced application and has determined the project to provide adequate drainage and the proposed drainage meets the minimum requirements of Chapter 236 for Storm Water Management; and WHEREAS, on July 27, 2012, 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, at a Work Session held on July 23, 2012, 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 has determined that this proposed action is consistent with the policies of the Town of Southold Local Waterfront Revitalization Program; William Cremers: Second. Don Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Don Wilcenski: Motion carries. Kenneth Edwards: and be it further RESOLVED, that the Southold Town Planning Board grants Approval to the site plan entitled "Proposed Greenhouse Addition for De Art of Nature" prepared by Garrett A. Strang, R.A. dated December 15,2011 and last revised June 29, 2012, and authorizes the Chairman to endorse the site plan. William Cremers: Second. Don Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Southold Town Planninq Board Page Twenty-Three August 13, 2012 Don Wilcenski: Motion carries. STATE ENVIRONMENTAL QUALITY REVIEW ACT Go.q.qins, William - This proposed site plan is to convert an existing 2,187 sq. ft. single family dwelling to three apartment units at 850 sq. ft., 850 sq. ft. and 486 sq. ft. Seven parking stalls are proposed at 13200 NYS Rt. 25, Mattituck in the HB Zoning District. The property is located _+225' w/o Wickham Avenue, Mattituck. SCTM#1000-114-11-9.1 James Rich: Mr. Chairman, I will offer the following resolution: WHEREAS, this proposed site plan is to convert an existing 2,187 sq. ft. single family dwelling to three apartment units at 850 sq. ft., 850 sq. ft., and 486 sq. ft. Seven parking stalls are proposed at 13200 NYS Rt. 25, Mattituck, in the HB Zoning District; and WHEREAS, the applicant submitted an application for site plan review on January 31, 2012; and WHEREAS, at a Work Session held on March 26, 2012, the Planning Board accepted the application for review; and WHEREAS, on May 21, 2012, the Southold Town Planning Board, pursuant to Part 617, Article 6 of the Environmental Conservation Law acting under the State Environmental Quality Review Act, initiated the SEQR lead agency coordination process for this Unlisted Action; therefore, be it RESOLVED, that the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, performed a coordinated review of this Unlisted Action and, as lead agency, made a determination of non-significance and grants a Negative Declaration. Kenneth Edwards: Second. Don Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Don Wilcenski: Motion carries. Southold Town Planning Board Page Twenty-Four August 13, 2012 APPROVAL OF PLANNING BOARD MINUTES Don Wilcenski: I need a motion to approve the Board minutes of July 9, 201:2. William Cremers: So moved. James Rich: Second. Don Wilcenski: Ayes. Don Wilcenski: Motion carries. Motion made and seconded. Any discussion? All in favor?. Donald Wilcenski: I need a motion to adjourn today's public meeting. Kenneth Edwards: So moved. Martin Sidor: Second. Don Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Don Wilcenski: Motion carries. Thank you. There being no further business to come before the meeting, it was ADJOURNED at 6:45 p.m. Respectfully submitted, I[inda Randolph, ~r'~mscribing S[cretary Donald J. Wilcenski, Chair RECEIVED SEB · ':; Cn.~'hnld Town Clerk