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Home My WebLink AboutPB-01/14/2013PLANNING BOARD MEMBERS DONALD J. WILCENSKI 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 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, January 14, 2013 4:30 p.m. Present were: Donald J. Wilcenski, Chair William J. Cremers, 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 RECEIVED FEB I 2 2013e out old Town Clerk Donald Wilcenski: Good afternoon ladies and gentlemen, and welcome to the regularly-scheduled Southold Town Planning Board Public Meeting for January 14, 2013. Our first order of business is to set Monday, February 11, 2013 at 4:30 p.m. at the $outhold Town Hall, Main Road, Southold, as the time and place for the next regular Planning Board Public Meeting. William Cremers: So moved. Martin Sidor: Second. Donald Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Donald Wilcenski: Motion carries. Southold Town Planninq Board Pa,qe Two January 14, 2013 PUBLIC HEARINGS 4:30 p.m. - 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' w/o Bray Avenue and NYS Rt. 25, Laurel. SCTM#1000-125-4-24.23 Donald Wilcenski: At this time, I ask anyone in the audience who would like to address the Planning Board regarding this application, please step forward to either microphone, state your name and address and write your name and address for the record. Jeffrey T. Butler, PE, 206 Lincoln Street, Riverhead, NY: On behalf of the applicant, we are here for approval for a 5,000 sq. ft. addition to the maintenance facility for Laurel Links Golf Club. The location on the property is adjacent to the railroad and is an addition to an existing maintenance facility in use. It's for getting equipment indoors which is now currently stored outdoors, and some office space also for the maintenance staff. I have here with me the Club's Superintendent for any questions directly related to that, and also Joe Pfaff is in the audience as well to answer any other questions you might have. We have been through the Architectural Review Board successfully and the Health Department and the DEC and we are here to request an approval so that we could continue to move forward. Donald Wilcenski: Thank you. Does anybody from the Board or staff have any questions for Mr. Butler at this time? William Cremers: None. Donald Wilcenski: Would anybody else from the audience like to address the Board on Laurel Links Maintenance Building? Hearing none ...... James Rich: I make a motion to close the hearing. William Cremers: Second. Donald Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Donald Wilcenski: Motion carries. Thank you, gentlemen. Southotd Town Plannin.q Board Pa.qe Three January 14, 2013 4:32 p.m. - 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 Donald Wilcenski: At this time I would like to ask anyone from the public if they would like to speak to the Board in regard to Bayberry Estates? Donald A. Rettaliata, attorney for the applicant, 4250 Veterans Memorial Hi.qhway, Holbrook, NY: I am here and I have with me Howard Young and Thomas Wolpert from Young & Young, the engineers and surveyors that did the map. We are here to answer any questions. As you indicated, it pretty well sums the whole matter up: it's 18 lots of various sizes all clustered into one area of the property. The wetlands have been gone over, delineated and they are set aside. Everything else: they've done SEQRA review obviously and everything else. Thank you. Donald Wilcenski: Thank you. Would anyone else like to address the Board on Bayberry Estates? John ¥iteritti, 2540 Yennecott Drive, Southold: My property abuts the subject property. I have several questions. I understand that the property is owned by Dr. O'Malley. One question I have: do we know does Dr. O'Malley intends to develop the property as permitted, or does he intend to sell it. If he does, does he currently have a purchaser either through an option to purchase or what have you? That's one question I have. The second question I have is with respect to the affordable units: I understand he has the choice of building or buying out and I'd like to know what his intention is with respect to the affordable units. The third question: I understand there is a community buffer that's provided for 50' and the area just upon my house which adjoins that property-- and I assume where the community buffer would be--is a feeding ground for deer and also birds. What I am asking is if it is possible to extend the buffer beyond the 50' (inaudible) maybe 100' instead of a 50' buffer. The fourth question I have is with respect to a shed: I understand that the shed can be constructed in compliance with whatever is required by the Town. I'm not sure if it's the Building Department or the Planning Department, but whomever. It seems that it has not been identified specifically where that shed can be constructed. I would like that to be addressed, and that it should be at a place beyond the community buffer, at approximately 100'. The last point is that I do have some concerns with respect to the additional traffic on Laurel Avenue and then subsequently on Yennecott Drive. Laurel Avenue is a relatively high trafficked area, as is Yennecott. I think the reason is because both are used as a cut- through from the Main Road to the North Road. The observation I would make is that this will increase the amount of traffic in that residential area. Those are my comments and questions. Southold Town Plannin,q Board Pa.qe Four January 14, 2013 Donald Wilcenski: OK. In regard to a shed: I think if it's 100 sq. ft. or less, you are not required for a building permit. I think the buffer area Town Code is 50'. We will take your comments into consideration, but those are my two comments. On the shed, I think the applicant is very neighborly; they've been very good working with us and maybe we could make a recommendation to them to make sure they are courteous as to where they place that. As far as the Affordable Housing, and as far as the other question of whether Mr. O'Malley is going to build out or sell this project, I can't answer that. Would Mr, Rettaliata like to answer that question, although you don't have to. Donald Rettaliata: The first situation, in terms of his intent with it, he's just had his 83rd birthday recently on Sunday. When he started this application he has 8 children (inaudible) all over the place and country and things like that. So I would say that he would be selling the development but there is no potential buyer, no talk with anybody going on or anything like that. In terms of the affordable, I think as you are aware that's in litigation right now so I can't comment on the matter. Donald Wilcenski: Thank you. Does that answer all your questions? John Viteritti: Is it possible to know the nature of the litigation? What is the course of action? Donald Wilcenski: We can't discuss that. John Viteritti: But it is in litigation. Donald Wiloenski: Yes. John Viteritti: That's all I have. Donald Wilcenski: Thank you. Would anyone else like to discuss Bayberry Estates? Last offer for any comments or any questions put to the Board or staff for Bayberry Estates. 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. Thank you very much, gentlemen, for your comments. Heather Lanza: Mr. Chairman, I need to just add one thing to the record on Bayberry. I live next door and therefore will be recusing myself from any further review of staff reports and such with this application. Southold Town Plannin.q Board Pa.qe Five January 14, 2013 Donald Wilcenski: OK. Thank you, Heather. Thank you all very much for attending and we appreciate your comments. Thank you. Also, your comments will be put in the file and be considered throughout the application. The hearing is closed. SET HEARINGS Corazzini, Richard - This proposed site plan is for a 2,520 sq. ft. addition to an existing 3,150 sq. ft. building for office space and storage on a 6.8-acre parcel in the LI Zoning District. The property is located at 6245 Cox Lane, +560' n/e/o County Road 48 & Cox Lane, Cutchogue. SCTM#1000-84-1-32.1 James Rich: Mr. Chairman, I will offer the following resolution: WHEREAS, on September 15, 2009, the agent for the applicant, William Kelly, submitted an application for site plan review; and WHEREAS, this proposed site plan is for a 2,520 sq. ft. addition to an existing 3,150 sq. ft. building for office space and storage on a 6.8 acre parcel in the LI Zoning District, Cutchogue; be it therefore RESOLVED, that the Southold Town Planning Board sets Monday, February 11, 2013 at 4:30 p.m. for a public hearing regarding the site plan for Richard Corazzini dated October 28, 2008 and last revised November 28, 2012 prepared by S. L. Maresca Associates. William Cremers: Second. Donald Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Donald Wilcenski: Motion carries. Southold Town Planning Board Page Six January 14, 2013 SUBDIVISIONS - FINAL DETERMINATIONS Rand, Michael & Nancy - This proposal is for a re-subdivision to re-configure the lot lines of three parcels where, following the transfer, SCTM#1000-14-2-11.3 will equal 49,665 sq. ft., SCTM#1000-14-2-11.2 will equal 43,672 sq. ft. and SCTM#1000-14-2- 3.31 will equal 42,934 sq. ft. in the R-40 Zoning District. The properties are located at 1275 Bight Road, on the w/s/o Bight Road and the e/s/o Grand View Drive, n/o NYS Route 25, in Orient. Martin Sidor: WHEREAS, this proposal is for a re-subdivision (lot line change) to re- configure the lot lines of three parcels where following the transfer, SCTM#1000-14-2- 11.3 will equal 49,665 sq. ft., SCTM#1000-14-2-11.2 will equal 43,672 sq. ft., and SCTM#1000-14-2-3.31 will equal 42,934 sq. ft. in the R-40 Zoning District; and WHEREAS, on November 19, 2007, the Southold Town Planning Board granted Conditional Final Approval on the map prepared by Garrett A. Strang, R.A., dated August 30, 2007 and last revised on November 2, 2007, subject to the condition of filing a new deed with the Office of the Suffolk County Clerk and submission of copies to this office; and WHEREAS, on September 19, 2008, the Planning Department sent a letter requiring that a copy of the filed deed be submitted to the Planning Office as per Conditional Final Approval; and WHEREAS, on January 27, 2009, the Planning Department sent a letter to the applicant stating that a previous request was made by this office for a copy of the filed deed and did not receive a response. Additionally, it explained that if a copy was not received by March 31, 2009, Conditional Final Approval would expire; and WHEREAS, a copy of the filed deed as per Conditional Final Approval granted on November 19, 2007 was not received by the Planning Department and Conditional Final Approval expired; and WHEREAS, the Conditional Final Approval expired beyond the maximum 180 day extension provision in the Town Code and would require that a new application be submitted to complete the process of the lot line modification; and WHEREAS, on December 12, 2012, a letter was received by the applicant that included a new Lot Line Application Form, a check in the amount of $500.00 for the Application Fee and a copy of the filed deed; and WHEREAS on January 7, 2013, the Planning Board reviewed the submitted material at their Work Session and found that it met all requirements for Final Approval; be it therefore Southold Town Planning Board Page Seven January 14, 2013 RESOLVED, that the Southold Town Planning Board grants Final Approval on the map prepared by Garrett A. Strang, R.A., dated August 30, 2007 and last revised on November 2, 2007, and authorizes the Chairman to endorse the map. William Cremers: Second. Donald Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Donald Wilcenski: Motion carries. SITE PLAN DETERMINATIONS Surrey Lane, LLC - This site plan is for the proposed construction of a 90' x 42' (3,780 sq. ft.) agricultural equipment storage building on a Suffolk County Development Rights property of 43.7 acres in the A-C Zoning District. The property is located at 46975 NYS Route 25 and fronts Lower Road & NYS Route 25 in Southold. SCTM#1000-69-5-18.6 William Cremers: Mr. Chairman, I will offer the following resolution: WHEREAS, this site plan is for the proposed construction of a 90' x 42' (3,780 sq. ft.) agricultural equipment storage building on a Suffolk County Development Rights property of 43.7 acres in the A-C Zoning District, Southold; and WHEREAS, on September 27, 2012, the Suffolk County Farmland Committee reviewed the above-referenced application for an Agricultural Development Permit and a Special Use Permit for the installation and maintenance of a storage building and underground utility infrastructure, an Agricultural Development Permit for the removal of a structure, and a Special Use Permit for clearing, in association with a commercial agricultural operation. The application was approved, subject to the twenty (20) conditions outlined in the resolution (No. FC-46-2012) and permit; and WHEREAS, on October 2, 2012, William Kelly, agent to the applicant, submitted an application for site plan review; 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 uses strictly related to agriculture as long as they are not 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 certain elements of the site plan requirements because it is an agricultural use; and Southold Town Planning Board Page Eight January 14, 2013 WHEREAS, on October 22, 2012, the Planning Board formally accepted the agricultural application for review with revisions; and WHEREAS, on November 19, 2012, a public hearing was held and closed; and WHEREAS, on November 20, 2012, the applicant submitted the required revisions to the site plan; and WHEREAS, on December 3, 2012, the Planning Board, pursuant to Southold Town Code §280-131 C., distributed the application to the required agencies for their comments; 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 December 5, 2012, the Southold Town Fire Inspector reviewed and determined that there was adequate fire protection and emergency access for the site so long as the access to the building was maintained at a minimum width of 20 feet; and WHEREAS, on December 12, 2012, the Southold Fire District determined there was adequate fire protection for the site; and WHEREAS, on December 19, 2012, 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 WHEREAS, on January 4, 2013, 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, 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 parking - the application is for an agricultural use, the building is for agricultural storage only, it will not be open to the public, it is part of an active farm operation, and the parcel is large in size relative to the proposed structure (less than 1% lot coverage); and Southold Town Planninq Board Pa,qe Nine January 141 2013 WHEREAS, on January 9, 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, on January 14, 2013, the Southold Town Planning Board determined that all applicable requirements of the Site Plan Regulations, Article XXIV, §280 - Site Plan Approval of the Town of Southold, have been met; therefore, be it RESOLVED, that the Southold Town Planning Board hereby waives certain site plan application requirements as noted above; Martin Sidor: Second. Donald Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Donald Wilcenski: Motion carries. William Cremers: and be it further RESOLVED, that the Southold Town Planning Board hereby waives the parking requirements as noted above; Martin Sidor: Second. Donald Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Donald Wilcenski: Motion carries. William Cremers: 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; Martin Sidor: Second. Donald Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Donald Wilcenski: Motion carries. William Cremers: and be it further RESOLVED, that the Southold Town Planning Board grants Approval to the site plan entitled "Shanks Property" prepared by Jeffrey T. Butler on September 18, 2012, last revised January 10, 2013, and authorizes the Chairman to endorse the site plan. Martin Sidor: Second. Southold Town Planning Board Page Ten January 14, 2013 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 December 17, 2012. James Rich: So moved. William Cremers: Second. Donald Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Donald Wilcenski: Motion carries. I need a motion for adjournment. James Rich: So moved. William Cremers: Second. Donald Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Donald Wilcenski: Motion carries. There being no further business to come before the meeting, it was ADJOURNED at 4:40 p.m. RECEIVED FEB 1 2 2013 ~ S~wn Clerk Donald J. Wilcenski, Chair Respectfully submitted, Linda Randolph, ranscribin S~ecreta_ -