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Home My WebLink AboutPB-12/17/2012PLANNING BOARD MEMBERS DONALD J. WILCENSK/ Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH III MARTIN H. SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Ha~l 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 17, 2012 4:30 p.m. 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 Mark Terry, Principal Planner Brian Cummings, Planner Alyxandra Sabatino, Planner Carol Kalin, Secretary SETTING OF THE NEXT PLANNING BOARD MEETING RECEIVED JAN 1 5 '2013 own CIer[ Don Wilcenski: Good afternoon ladies and gentlemen and welcome to the regularly- scheduled December 17, 2012 Southold Town Planning Board's Public Meeting. Our first order of business is to set Monday, January 14, 2013 at 4:30 p.m. at the Southold Town Hall, Main Road, Southold, as the time and place for the next regularly-scheduled 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 Planning Board Page Two December 17, 2012 PUBLIC HEARINGS Tikal '1 Convenience Store - This site plan is for the proposed conversion of an existing 3,200 sq. ft. building to include a 1,244 sq. ft. of retail convenience store and 1,956 sq. ft. of storage space on a .68-acre parcel in the General Business (B) Zoning District. The property is located at 250 Cox Lane, +200' north of Cox Lane & NYS Route 25, Cutchogue. SCTM#1000-97-1-6.1 Donald Wilcenski: At this time, I'd like to ask anyone from the audience if they would like to address the Planning Board on Tikal 1 Convenience Store. Please step to the podium and write and state your name for the record. Leonard Dank, 800 Cox Lane, Cutchogue: Good afternoon. This is my wife, Belle. We are owners and we reside full time on the farm at 800 Cox Lane. It's immediately adjacent to the property applying for the conversion from a (inaudible) property and an existing building from its present set of office-type building to become a 24-hour retail convenience store with a parking lot in the back and sufficient lighting for the whole area. Our property is zoned A-C and it's in an agricultural district. Much, if not most of Cox Lane is in the farm preservation program al. ready. Southold Town has spent hundreds of thousands of dollars acquiring the various properties on Cox Lane between Route 25 and the North Road, Route 58. The property in question is 323' long and it is adjacent to about 64% of our southern boundary of 500'. The building in question was erected according to records in 1968--possibly before business zoning was even enacted. The 80' x 30' building is right on our property. It's exactly 1' set back from our property line. As a matter of fact, the roof overhang is right on the line of our property. We, as the owners of the property most affected by this proposal, are strongly, vigorously and adamantly opposed to the change which will negatively impact our property, our neighborhood and Cox Lane as a whole. The property in question and the building facing Cox Lane. The building was occupied from 1977 to more than 2 years ago by several unobtrusive and quiet businesses. As a matter of fact, we really never knew what was going on--it was a very quiet, very wonderful place. It is now run since 2010 by ROE Property, LLC, which is actually Mr. Greg Kaelin. Cox Lane is a very quiet country farm road. It stretches about a mile between the two major highways-- Route 25 and as I said, the North Road, Route 58. It is a road really filled with true farms, vineyards, a horse farm, general farmland and it started with about 7 houses-- one of which is ours. Just north of Route 25 at the beginning of Cox Lane, there are four what I've always called "9 to 5 dlosed weekend businesses." On the west side, there's Kaelin's Equipment Sales Office which has an attached stonework distributing place and Leander or June Glover's property. He has an old potato barn there which is now seldom used. So the area is extremely quiet. On the east side, there is on the corner a law office. I've been there twice. Nobody's ever there. So it's a very Iow occupancy or Iow trafficked area. And there is the property in question which up until Southold Town Plannin,q Board Pa,qe Three December 17, 2012 now as I said has been a very quiet business area. Cox Lane is certainly not a busy road. It's not Route 25, it's not Route 58 or 48, and we often walk along it at night. It has no sidewalks and we walk along it. There's been no traffic and we go down that particularly in the summertime but really all year round it's a very quiet country lane. Cox Lane you could say in many respects could be the poster child for exactly what Southold is trying to preserve. Why anyone would like to change this quiet road, a model of farmland preservation, by opening a brightly lit, big-signed, potentially heavy trafficked retail convenience store astonishes me and just about everybody I've talked to. This is just what Southold has been fighting against all this time and all this money and something like this crops up. Mr. Kaelin will close his shop at the end of the day and return to his home in Shoreham. So he will never be bothered by the blazing lights, the traffic and all the nuisances associated with a convenience store. We find that the need for additional convenience stores is really redundant. (inaudible) one at the CITGO Gas Station which is 500 yards up the road, another at the Valero Gas Station up near Depot Lane. There are also two dells, one in Cutchogue and a Polish Deli right around the corner from us--it's 30'. There's a 24 hour/7-day 7-Eleven and of course the King Kullen Supermarket. All of them are located on Route 25 within Cutchogue. Every one of them is in the Hamlet District except this one would be out of it. Cutchogue is a really small village. We have 6 food stores of varying sizes. Do we really need another one? Now specifically regarding the proposed use of this retail convenience store: First of all, it's not just a store they want to renovate. They want to renovate the whole site. There's no mention in the Planning Application for a 6' fence going back probably 250'. Barricade fence totally out of character in a lane which has no fences of any nature like this. We have horse fences; we may have a Iow stone fence. But now they want to put up a 6' high barricade fence. Basically, it looks like they're saying to screen out the noise. Really what it is to hide a facility that's totally out of character. You can see where it is--the building you can see from the building (inaudible) 6' with a 24 sq. ft. sign with brilliant gooseneck lights to do it. Then you can see a continuation of 6' high back (inaudible) a batch of parking spaces. And that is a problem, too, which I'll get to in a minute. Lights are all over the place. Parking lot lights; the signs are well lit up; the store front has four or five or six--I can't really figure out how many lights they've got. And no matter how "fully shielded" a light is. We've had enough experience looking out over other parking lots. It forms an oasis of light which you can see for miles in the middle of the night. It's just not possible to screen out light. You can keep it from shining in your eyes, but there's a glow all over the place. Certainly not what we really would like to have. The sign is up to code--24 sq. ft. I'm not sure if they're supposed to have two--but there's a one by three storefront sign. Maybe two is allowed, but I really haven't researched it. But they too will be well-lit; they'll be visible at night for a great distance. Increased traffic, increased noise. We'll never be able to walk down that road with security after this thing gets going. The traffic will continue all during the day; especially during the night--remember this is a 24-hour facility they anticipate opening. Southold Town Planning Board Pa.qe Four December 17, 2012 I don't know if many of you have made a swift left turn from Route 25 going east or west into Cox Lane. There's a sort of blind curve. When you get out of the curve, there's going to be this facility with parking lot straight in, and they've got to back out into traffic to get out of that place. There's no way you can back out; they have to back up right into northbound traffic. The traffic whizzes down to make that light--it's a very short light. So traffic-everybody knows you have to whiz down there--I'm just waiting for the first guy to back up and first guy to come down too quickly. Big rigs too, occasionally. Garbage and trash is already a serious problem along Cox Lane. We religiously go out when we mow our lawns and the fields and pick up just everything. Mostly beer bottles. Why people can't keep 'em, I don't know, but they just appear like mushrooms everyplace. If you hit one with our tractors or horses, you've really got a problem. We are very aware of glass being strewn around that might be broken and form a real hazard for a horse and for human beings, too. If you step on one, you're cut. I too remember the Town's outrage and absolute refusal to have a take-out lane when Burger King wanted to open its fast-food joint in Mattituck. Finally they OK'd it with the fact that there would be no take-outs. A convenience store, outside of the fact that it sells milk and everything else, is basically a take-out. People are gonna come in there, get their sandwiches, go out to their car with a six-pack of beer. They can sit in the parking lot in the back which will be very secluded. They can enjoy themselves. And when it's open, when they're finished, the garbage is gonna be left there if not tossed over the 6' fence into our farm. Possibly--you really can't tell--it's a very good place for people to walk out and use it as their bathroom. Especially late at night. That's why the fence is a problem. It only goes back to the edge of the parking spaces. People walk right around that. There's plenty of trees in there; there's plenty of places to put trash; there's plenty of places to go to the bathroom. We've had several instances over the years of that happening just about at that place. It had nothing to do with the building at that point, but we can foresee a lot of problems coming up. In conclusion, we as the major adjacent property owners, forcefully and strenuously object not only to the conversion of the building, but conversion of the whole % acre site. As our lawyer said, this is the wrong use and the wrong location. Thank you. Donald Wilcenski: Thank you for your comments. Would anybody else from the audience like to address the Board on Tikal 1 Convenience Store? Leander Glover, Jr., 815 Cox Lane: Good evening, I live right up the road from where this convenience store is supposed to be. To me, that's no place for it. There's no room in the front to keep parking and they're open all kinds of hours. Right now, we have people with bicycles and everything using the road. They go over to the gas station. By the time they get back, their soda bottles and whatnot are empty and you can pick 'em all up off my lawn and my daughter's lawn up the road. They just merrily throw stuff out and that's why I'm against having another store in that area. Thank you. Southold Town Planning Board Page Five December 17, 2012 Donald Wilcenski: Thank you, Mr. Glover. Would anybody else from the audience like to address the Planning Board on this public hearing of Tikal 1 Convenience Store? Anne Surchin: I prepared the plan for Carlos Gonzalez and Gilberto, his partner. What I want to say is this convenience store is not a 7-Eleven. It is of a much smaller scale. These two gentlemen have planned this for a long time; they are very respectful of this property. The scale of the store is such that I don't see this competing with a 7-Eleven at all. The things that have been discussed here by Mr. Dank have been things that are absolutely required by the Town for this type of usage from the night sky lighting to the parking to the signage. We have tried to conform with every last thing that is required by the Town to have such a business. Where this particular building is on Cox Lane is at the south end. It is really very much adjacent to the other properties which are all business properties. I think that is important because that part of Cox Lane is zoned for business. It is not zoned for farmland. With response to even the type of food that will be there; it is going to be a dry convenience store; there's not going to be any cooking there, so there's not going to be sandwich preparation. I just wanted to clarify that for the Board. Thank you. Donald Wilcenski: Thank you. Would anybody else like to address the Planning Board on the convenience store Tikal 17 Leonard Dank: I would assume that there are going to be further discussions, working meetings and things like that. I earnestly request that June, who shares my feelings, and myself be notified. I know that these things you can call up and find out. But two months from now, you can call up and say--oh, it was last week. So I earnestly request that we be notified by mail or phone call. I'll give you the addresses, everything so that our end we can hear what's going on and add our comments to whatever comments you've made--we would greatly appreciate that. Donald Wilcenski: OK. All the information we gather from here is for public knowledge. I'm not so sure that we make it a practice to notify everyone.. Heather Lanza: We have a new feature. Do you use the internet? Leonard Dank: Day after day. Heather Lanza: So, do you also use email? Leonard Dank: Yes. Heather Lanza: We have a new feature on our website where you can sign up to be notified and you'll get sent the agenda every time we do an agenda; that's every two weeks. Southold Town government website. It's a free feature; you can sign in and Southold Town Planninq Board Pa,qe Six December 17, 2012 give yourself a password. Then there's a feature where you can go in and sign up to be notified for certain things. If you have trouble, give a call and I can walk you through it. Leonard Dank: That's ideal. (inaudible) Thank you very much. Donald Wilcenski: Thank you, Heather. With no one else requesting to speak to the Planning Board at this time, can I have a motion to close the hearing? Wiliam Cremers: So moved. Martin Sidor: Second. Donald Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Donald Wilcenski: Motion carries. I just want to thank you all for coming in. Your comments will be taken into consideration as this process moves forward. SET HEARINGS Laurel Links Maintenance Building Addition - This amended site plan is for a proposed 5,000 sq. ft. addition to an existing 4,204 sq. ft. maintenance building & pump house on 154.7 acres in the A-C Zoning District. The property is located at 6400 Main Road, -+1,000 ft. w/o Bray Avenue and NYS Rt. 25, Laurel. SCTM#1000-125-4-24.23 Kenneth Edwards: Mr. Chairman, I will offer the following resolution: WHEREAS, on October 4, 2012, the agent for the applicant, Jeffrey Butler, submitted an application for site plan review; and WHEREAS, this amended site plan is for a proposed 5,000 sq. ft. addition to an existing 4,204 sq. ft. maintenance building & pump house on 154.7 acres in the A-C Zoning District, Laurel; be it therefore RESOLVED, that the Southold Town Planning Board sets Monday, January 14, 2013 at 4:30 p.m. for a public hearing regarding the site plan for the Laurel Links Golf Club dated June 11, 2007 and last revised November 20, 2012 prepared by Jeffrey T. Butler, P.E. Southold Town Planning Board Page Seven December 17, 2012 Jim Rich: Second. Donald Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Donald Wilcenski: Motion carries. Bayberry Estates - This proposal is for a standard subdivision of a 50.0609-acre parcel into 18 lots and two (2) open space parcels where the lots range in size from 28,235 sq. ft. to 36,400 sq. ft., with the open space parcels totaling 35.0227 acres excluding the wetlands in the R-80 Zoning District. The property is located on the w/s/o Laurel Avenue approximately 150' s/o Yennecott Drive, Southold. SCTM #'s 1000-55-6-35 & 36, 56-1-1 Jim Rich: Mr. Chairman, I will offer the following resolution: WHEREAS, this proposal is for a Standard Subdivision of a 50.0609 acre parcel into 18 lots and two (2) open space parcels where the lots range in size from 28,235 square feet to 36,400 square feet with the open space parcels totaling 35.0227 acres, excluding the wetlands, in the R-80 Zoning District. SCTM#1000-55-6-35 & 36, 56-1-1; and WHEREAS, on April 14, 2011, the Southold Town Planning Board granted Conditional Preliminary Plat Approval on the plat entitled "Subdivision Map Bayberry Estates- Preliminary Plat", prepared by Howard W. Young, L.S., dated October 31,2006 and last revised August 24, 2010; and WHEREAS, 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; Southold Town Planning Board Pa.qe Eight December 17, 2012 William Cremers: Second. Donald Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Donald Wilcenski: Motion carries. Jim Rich: and be it further RESOLVED, that the Southold Town Planning Board sets Monday, January 14, 2013 at 4:32 p.m. for a Final Public Hearing regarding the Final Plat entitled "Cluster Subdivision of Bayberry Estates" dated July 12, 2011, prepared by Young and Young Engineering. Kenneth Edwards: Second. Donald Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Donald Wilcenski: Motion carries. SUBDIVISIONS - CONDITIONAL PRELIMINARY DETERMINATIONS Neumann, James - This proposal is to subdivide a 24.9-acre parcel into 6 clustered lots and 1 Open Space Lot where Lot 1 equals 2.29 acres inclusive of 0.52 acres of Open Space; Lot 2 equals 3.49 acres inclusive of 0.52 acres of Open Space; Lot 3 equals 3.04 acres inclusive of 0.47 acres of Open Space; Lot 4 equal 2.57 acres inclusive of 0.43 acres of Open Space; Lot 5 equals 2.67 acres inclusive of 1.30 acres of Open Space; and Lot 6 equals 9.45 acres of Open Space. The parcel is located in the R-80 Zoning District on the s/s/o Mill Road and adjacent to Mattituck Creek, Mattituck. SCTM#1000-107-1-1.3 Martin Sidor: WHEREAS, this proposal is to subdivide a 24.9-acre pamel into 6 clustered lots and 1 Open Space Lot where Lot 1 equals 2.29 acres inclusive of 0.52 acres of Open Space, Lot 2 equals 3.49 acres inclusive of 0.52 acres of Open Space, Lot 3 equals 3.04 acres inclusive of 0.47 acres of Open Space, Lot 4 equal 2.57 acres inclusive of 0.43 acres of Open Space, Lot 5 equals 2.67 acres inclusive of 1.30 acres of Open Space and Lot 6 equals 9.45 acres of Open Space. The parcel is located in the R-80 Zoning District; and Southold Town Planning Board Page Nine December 17, 2012 WHEREAS, on November 15, 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, subject to conditions; and WHEREAS, on November 21,2011, the Planning Board received comments from the Board of Trustees that state they have no objection to allowing a second dock located on the common access running between proposed Lots 2 and 3 with the condition that there will be no further development of the shoreline; and WHEREAS, on April 16, 2012, the Planning Board received 8 prints of the Preliminary Plat together with the Preliminary Plat Application and the Preliminary Plat Application Fee; and WHEREAS, on May 7, 2012, the Planning Board, at their Work Session, reviewed the revised plat and requested changes be made; and WHEREAS, on May 18, 2012, a referral was sent to the Office of the Town Engineer; and WHEREAS, on July 10, 2012, the agent submitted 8 sets of the Preliminary Plat with the changes requested; and WHEREAS, on August 12, 2012, a referral was sent to the LWRP Coordinator, the Mattituck Fire District, and the Suffolk County Planning Commission; and WHEREAS, on August 12, 2012, the Planning Board, at their Work Session, agreed to set a Preliminary Public Hearing date; and WHEREAS, on August 16, 2012, the Mattituck Fire District responded to the referral request with comments; and WHEREAS, on August 31, 2012, the Office of the Town Engineer responded to the referral request with comments; and WHEREAS, on September 17, 2012, the Public Hearing was held and closed; and WHEREAS, on September 25, 2012, the LWRP Coordinator responded to the referral request with comments that include waiving the lighting requirements to preserve the night sky; and WHEREAS, on October 15, 2012, the Suffolk County Planning Commission responded to the referral request with comments; and Southold Town Planning Board Pa,qe Ten December 17, 2012 WHEREAS, on October 22, 2012, the Planning Board, at their Work Session, reviewed and accepted the referral comments; and WHEREAS, 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. Martin Sidor: and be it further RESOLVED, that the street light requirements pursuant to §161-46 of the Southold Town Code are waived to preserve the night sky in the area; William Cremers: Second. Donald Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Donald Wilcenski: Motion carries. Martin Sidor: and be it further RESOLVED, that the Southold Town Planning Board hereby grants Conditional Preliminary Plat Approval upon the plat entitled "Cluster Subdivision James A. Neumann Preliminary Plat" dated February 10, 2012 and last revised July 5, 2012, subject to the following conditions: 1. The proposed disturbance resulting from construction activities and grading of this site will be greater than one (1) acre in area. Therefore, this project will require coverage from the New York State Department of Environmental Conservation (DEC) under the Phase II State Pollutant Discharge Elimination System (SPDES) Program. The developer must prepare a formal DEC SWPPP, submit a Notice of Intent (NOI) and obtain coverage under the SPDES Southold Town Planning Board Page Eleven December 17, 2012 GENERAL PERMIT FOR STORMWATER DISCHARGES from the DEC. Coverage under this Construction Activity Permit #GP-0-10-002 is required prior to the initiation of any work. Please note that the Town of Southold is a regulated, traditional land use control MS4. Therefore, the applicant must submit an MS4 SWPPP and SWPPP Acceptance Form to the Town of Southold for review and approval prior to submission of the NOI to the DEC. 2. Provide a draft Drainage Easement for the swale area (between Lots 1 and 2) for Board consideration. Provide a draft Open Space Conservation Easement and propose uses to be allowed in the open space area on Lot 6a and 6b. This draft easement must use the template provided by the Planning Department. Note that the only permitted use of the open space areas located in each lot (Open Space Easements 1, 2, 3, 4a, 4b, 4c and 5) will be "undisturbed buffer". The terms of the undisturbed buffer will be established in the template Open Space Conservation Easement to be provided by the Planning Department. Provide a draft Homeowners Association Agreement to be established to own & manage the open space Lot 6, the 25' (private road), and the common accessway to the water along the property line between Lots 2 and 3. 5. Provide draft Covenants and Restrictions for the five residential lots. A template will be provided by the Planning Department. 6. Submit a Letter of Water Availability from the Suffolk County Water Authority. Kenneth Edwards: Second the motion. Donald Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Donald Wilcenski: Motion carries. Aries Estates - This proposal is for a standard subdivision of an 11.4-acre parcel into two lots where Lot 1 equals 3.7 acres including 1.4 acres of open space and Lot 2 equals 7.7 acres including 5.1 acres of open space in the R-80 Zoning District. The property is located approximately 334.1 ft, to the east of Stars Road in East Marion, SCTM#1000-22-3-2 Southold Town Planning Board Pa.qe Twelve December 17, 2012 William Cremers: WHEREAS, this proposal is for a standard subdivision of an 11.4- acre parcel into two lots where Lot I equals 3.7 acres, including 1.4 acres of open space, and Lot 2 equals 7.7 acres, including 5.1 acres of open space, in the R-80 Zoning District; and WHEREAS, on June 14, 2010, the Southold Town Planning Board granted Conditional Preliminary Plat Approval upon the map entitled "Reduced Density/Cluster Preliminary Plat" for Shawn Tully, prepared by Howard Young, L.S., dated August 14, 2009 and last revised on April 6, 2009, subject to conditions; and WHEREAS, Preliminary Plat Approval expired beyond the point where it can be extended pursuant to Southold Town Code §240-19 G; and WHEREAS, on August 29, 2012, the applicant re-submitted a Preliminary Plat Application along with the required fees; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants 2nd Conditional Preliminary Plat Approval upon the map entitled "Reduced Density/Cluster Preliminary Plat" for Shawn Tully, prepared by Howard Young, L.S., dated August 14, 2009 and last revised on April 6, 2009, subject to conditions. Martin Sidor: Second. Donald Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Donald Wilcenski: Motion carries. APPROVAL EXTENSIONS Noone, Margaret - This proposal is for a standard 2-lot subdivision of a 21,000 sq. ft. parcel where Lot 1=10,501 sq. ft. and Lot 2=10,500 sq. ft. in the R-40 & B Zoning Districts. The property is located at 210 Sigsbee Road, on the w/s/o Sigsbee Road, 164' s/o Main Road, in Mattituck. SCTM#1000-143-1-4.1 Kenneth Edwards: I will offer the following resolution: Southold Town P annin,q Board PaRe Thirteen December 117, 2012 WHEREAS, this proposal ~s for a standard 2-lot subd~ws~on of a 21,000 sq. ft. LParce where Lot 1 = 10,501 sq. ft. and Lot 2 = 10,500 sq. ft. in the R-40 & B Zoning Districts; and WHEREAS, on April 11,2011, t,h,e Southold Town Planning Board granted S~etch Plan Approval upon the map entitled Minor Subdivision Map Prepared for Margaret A. & Thomas E. Noone, Mattituck", dated March 27, 2009 and last revised December 1, 2010, prepared by Nathan Taft Corwin, Ill, Land Surveyor; and WHEREAS, on October 11,2011, Sketch Plan Approval expired; and WHEREAS, on May 21, 2012, the agent requested an extension of Sketch Plan Approval; and WHEREAS, on June 4, 2012, the Southold Town Planning Board granted an iExtension of Sketch Plan Approval through December 4, 2012 upon the map entitled "Minor Subdivision Map Prepared for Margaret A. & Thomas E. Noone, Mattituck" darted March 27, 2009 and last revised December 1, 2010, prepared by Nathan Taft Corwit~, III, Land Surveyor; and WHEREAS, on December 4, 2012, Sketch Plan Approval expired; and WHEREAS, on December 5, 2012, the agent requested an extension due to delays encountered with their engineer; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants an Extension of Sketch Plan Approval through June 4, 2013 upon the map entitled "Minor i Subd~ws~on Map prepared for Margaret A. & Thomas E. Noone, Matbtuck d~ted Marc 27, 2009 and last revised December 1, 2010, prepared by Nathan Taft Corwin, III, Land Surveyor. Jim Rich: Second. Donald Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Donald Wilcenski: Motion carries. Southold Town Planninq Board PaRe Fourteen December 17, 2012 Baxter, William J., Jr. - This proposal is for a Standard Subdivision of a 2.38~acre pamel into 4 lots where Lot 1=0.62 acres; Lot 2=0.63 acres; Lot 3=0.62 acres; and Lot 4=0.52 acres, in the Hamlet Business Zoning District. The property is located at 260 Griffing Street, Cutchogue. SCTM#1000-102-5-9.4 Jim Rich: Mr. Chairman, I will offer the following resolution: WHEREAS, this proposed Standard Subdivision proposes to subdivide a 2.38-acre parcel into 4 lots where Lot 1 equals 0.62 acres, Lot 2 equals 0.63 acres, Lot 3 equals 0.82 acres and Lot 4 equals 0.52 acres. The parcel is located in the Hamlet Business Zoning District; and WHEREAS, on November 14, 2011, the Southold Town Planning Board granted Sketch Plan Approval upon the map prepared by Nathan Taft Corwin, III, Land SurveYor, entitled "Yield Map prepared for William J. Baxter, Jr. situated at Cutchogue" dated September 15, 1998, last revised May 17, 2011; and WHEREAS, on May 14, 2011, Sketch Plan Approval expired; and WHEREAS, on May 3, 2012, the agent requested an Extension of Sketch Plan Approval; and WHEREAS, on June 4, 2012, the Southold Town Planning Board granted an~ Extension of Sketch Plan Approval through December 4, 2012, upon the map prepared by Nathan Taft Corwin, III, Land Surveyor, entitled "Yield Map prepared for William J. Baxter, Jr. situated at Cutchogue", dated September 15, 1998, last revised May 17, 201 ~; and WHEREAS, on September 13, 2012, the agent submitted the Preliminary Plat Application; and WHEREAS, on October 22, 2012, the Planning Board reviewed the application for Preliminary Plat completeness at their Work Session. The Board found the application was incomplete and requested that a Preliminary Road and Drainage Plan be submitted. The agent submitted a duplicate Preliminary Plat Fee and the Planning Board requested that it be returned; and WHEREAS, on October 23, 2012, the Office of the Town Engineer submitted referral recommendations; and WHEREAS, on November 8, 2012, the Southold Town Board refunded the duplicate Preliminary Plat Subdivision Application Fee; and Southold Town Planninq Board PaRe Fifteen December 17, 2012 WHEREAS, on November 19, 2012, the Planning Board reviewed the Office of the Town Engineer's comments at their Work Session and accepted the comments. The Board also waived the requirement for a Preliminary Road and Drainage Plan due to the limited scale of work required; and WHEREAS, on December 3, 2012, the agent requested an extension of the Sketch Plan Approval; and WHEREAS, on December 4, 2012, Sketch Plan Approval expired; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants an Extension of Sketch Plan Approval through June 4, 2013 upon the map prepared by Nathan Taft Corwin III, Land Surveyor entitled "Yield Map prepared for William J. Baxter, Jr. situated at Cutchogue" dated September 15, 1998, last revised May 17,2011. Kenneth Edwards: Second the motion. Donald Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Donald Wilcenski: Motion carries. SITE PLAN DETERMINATIONS Mullen Realty, LP - This amended site plan is for a proposed parking area of 14 stalls for employees and overflow customer parking on a 7,294 sq. ft. parcel in the General Business (B) Zoning District. The property is located at 40 & 120 Cottage Place on the s/e corner of Cottage Place & NYS Rt. 25, Southold. SCTM#1000-62-3-11 & 12 Martin Sidor: WHEREAS, this amended site plan is for a proposed parking area of 14 stalls for employees and over-flow customer parking on a 7,294 sq. ft. parcel in a split HB/B Zoning District, Southold; and WHEREAS, the applicant submitted an application for site plan review on March 19, 2012; and WHEREAS, at a Work Session on April 23, 2012, the Planning Board accepted the application for review; and Southold Town Panning Board Pa.qe Sixteen December 17, 2012 WHEREAS, the Southold Town Planning Board, pursuant to State Environme Quality Review (SEQR), has determined that the proposed action is a Type II it falls within the following description for 6 NYCRR, Part 617.5(c)(7) "construe expansion of a primary or accessory/appurtenant, non-residential structure or involving less than 4,000 square feet of gross floor area and not involving a c[ zoning or a use variance and consistent with local land use controls, but not communication or microwave transmission facilities;" and not subject to revie~ SEQRA; and WHEREAS, on June 4, 2012, a public hearing was held and closed by the PI; Board for the above-referenced site plan; and ntal ~,ction as tion or facility ange in ~dio under ~nning WHEREAS, on June 5, 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 8, 2012, the Southold Town Fire Inspector reviewed an(~ determined that there was adequate fire protection and emergency access for the site; and WHEREAS, on June 14, 2012, the Southold Fire District determined there w~s adequate fire protection and emergency access for the site; and WHEREAS, on June 18, 2012, the Southold Town Engineer reviewed the ab~ve- referenced application and determined the project to provide adequate draina~ge and the proposed drainage meets the minimum requirements of Chapter 236 forStorm Water Management; and WHEREAS, on July 5, 2012, 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, in conjunction with the approved site plan entitled "Mullen Motor~;", dated December 7, 2000 and last revised January 18, 2001, the Southold Town Planning Board has determined the additional parking area is required accessory parklng pursuant to §280-78(H) of the Town Code. The original site plan approval obtained March 12, 2001 remains unchanged except for the addition of this parking area. WHEREAS, on December 14, 2012, the Southold Town Chief Building InspeCtor reviewed the proposed amended site plan and determined that the parking a~'ea is allowed as an accessory use on this parcel, so long as the Planning Board determines, pursuant to §280-78(H), the following; 1) the parking area is located within 200 feet of the principle use of which it is accessory; 2) the parking spaces conform to al Southold Town Plannin.q Board Pa.qe Seventeen December 17, 2012 regulations of the district in which the parking spaces are located, and are not,within a residential district; 3) the parking area is in the same ownership as the use to which it is accessory and 4) the parking area shall be subject to deed restrictions binding the owner and his heirs and assigns to maintain the required number of spaces available either throughout the existence of such use to which they are accessory or until such spaces are provided elsewhere; and WHEREAS, as referenced above, the Planning Board has determined the following: 1) the parking spaces are located within 200 feet of the principle use to which it is accessory (Mullen Motors main site is adjacent and directly across the street; 2) parking spaces conform to all regulations of the district in which the parking spaces are located, and are not within a residential district (B/HB zoned parcel); 3) the parking area is in the same ownership as the use to which it is accessory, and 4) the parking area ~hall be subject to deed restrictions binding the owner and his heirs and assigns to m~intain the required number of spaces available either throughout the existence of such ese to which they are accessory or until such spaces are provided elsewhere (A deed restriction is a required condition of this amended site plan.); 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, at a Work Session held on December 3, 2012, the Planning Boaird found that all applicable requirements of the Site Plan Regulations Article XXlV, §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 Waterfron~t Revitalization Program; William Cremers: Second. Donald Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Donald Wilcenski: Motion carries. Martin Sidor: and be it further RESOLVED, that the Southold Town Planning Board grants Approval with two (2) conditions for the amended site plan entitled "Mullen Realty, LP" prepared by John T. Metzger on October 26, 2010, last revised November 15, 2012 and authorizes the Chairman to endorse the site plan upon satisfaction of Condition #1. Southold Town P annin.q Board Page Eighteen December 17, 2012 Conditions: 1. Deed restrictions binding the owner and his heirs and assigns to maintain the required number of spaces available either throughout the existence of such use to which they are accessory or until such spaces are provided elsewhere shall be filed with the Office of the Suffolk County Clerk and proof of filing, including liber and page number, shall be submitted to the Southold Town Planning Board. 2. This parking area shall be used solely for parking for Mullen Motors employees and customers. William Cremers: Second. Donald Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Donald Wilcenski: Motion carries. APPROVAL OF PLANNING BOARD MINUTES Donald Wilcenski: I need a motion to approve the Planning Board minutes of November 19, 2012. Jim Rich: So moved. Martin Sidor: Second. Donald Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Donald Wilcenski: Motion carries. Southold Town Plannin.q Board Page Nineteen December 17, 2012 Donald Wilcenski: At this time I would like to personally thank Ken Edwards for his years of service, rve only known him for three years, but it's been a great three years; you're a good man and we are going to miss you very much. Kenneth Edwards: Thank you, Mr. Chairman. It's been a pleasure serving the Town, all the hamlets and especially Fishers Island. I've learned a lot; every time I come I learn something different. But I really can't go without adding that rve seen a lot of staff come and go; I've seen a lot of boards change and without hesitation I have to say that this is probably the best staffed Planning Office that I've seen in my tenure and I just hope the Town appreciates what they have. As far as the Board goes, it's been a pleasure serving with you all. I've made a lot of good friends and I hope to keep them. Thank you all. Don Wilcenski: Thank you very much, Ken. At this time I need a motion for adjournment. Ken Edwards: So moved. Jim Rich: Second. Don Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Don Wilcenski: Motion carries. There being no further business to come before the meeting, it was ADJOURNED at 5:04 p.m. Respecffully submitted, L~'n~'a Randolpt~, ~,a~l'scribing Secretary Donald J. W~lcenskh Chair RECEIVED //,~o o jA~ I 5 ~01~ Southold Town Clef[