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Home My WebLink AboutPB-05/20/2013PLANNING BOARD MEMBERS DONALD J. WILCENSKI Chair WILLIAM J. CREMERS PIERCE RAFFERTY JAMES H. RICH III MARTIN H. SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD Present were: PLANNING BOARD SPECIAL MEETING MINUTES May 20, 2013 5:15 p.m. Donald Wilcenski, Chairperson Martin H. Sidor, Member James Rich III, Member Pierce Rafferty, Member (via satellite) Heather Lanza, Planning Director Brian Cummings, Planner 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 RECEIVED 5outhold Town Clerk Donald Wilcenski: I am going to open this meeting today for the sole purpose of discussing the following: SITE PLAN DETERMINATION: Mill Creek Inn & Marina - This proposed site plan is for a 50-slip marina and 8,989 sq. ft. restaurant with marina/dock master building, parking areas and site drainage on a 3.27-acre parcel; and for a boat yard and 71 parking stalls on a 4.74-acre adjacent parcel (56-7-4.1) in the M-Il Zoning District. The property is located at 64300 NYS Route 25,424' west of Dolphin Drive, Greenport. SCTM#1000-56-7-2 Martin Sidor: WHEREAS, this site plan is for the proposed improvement and renovation to an existing 50-slip marina & 8,989 sq. ft. restaurant with new marina/dock master building, parking areas and site drainage on a 3.27-acre parcel and a proposed boat yard and 71 parking stalls on a 4.74-acre adjacent parcel (56-7-4.1) in the M-II Zoning District, Greenport; and WHEREAS, on March 6, 2012, Nancy Steelman, agent to the applicant, submitted an application for site plan review; and WHEREAS, at a Work Session held on April 9, 2012, the Planning Board accepted the application for review; and WHEREAS, on April 16, 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 16, 2012, the Southold Town Planning Board, pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality Review Act (SEQRA), initiated the SEQRA lead agency coordination process for this Unlisted Action; and WHEREAS, on April 19, 2012, the Architectural Review Committee reviewed the application, provided comments, and the plans were revised to the satisfaction of the Planning Board; and WHEREAS, on May 2, 2012, the Southold Town Engineering Inspector reviewed and approved the proposed drainage and the Planning Board accepted his recommendation; and WHEREAS, on May 15, 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 June 4, 2012, a public hearing was held and closed for the above-referenced application; and WHEREAS, on June 6, 2012, the Greenport Fire District found that there was adequate fire protection as proposed; and WHEREAS, on July 6, 2012, the Town of Southold LWRP Coordinator reviewed the above- referenced project and determined the proposed project to be consistent with Southold Town LWRP policies; and WHEREAS, on August 16, 2012, the Southold Town Zoning Board of Appeals reviewed the proposal to construct a dock master building within the Code required minimum 75' from an existing bulkhead and granted the variance as applied for under Appeal Number 6575; and WHEREAS, on September 20, 2012, the Southold Town Zoning Board of Appeals reviewed the Special Exception proposal to operate a restaurant in a Marine-II Zoning District and granted approval of the Special Exception Use as applied for under Appeal Number 6589 with the following conditions: 1. The Special Exception Permit granted herein may involve a change in occupancy or a change in use or a change within a classification of the occupancy. Therefore, as a condition of approval, the applicant must contact the Building Department to make the determination whether or not a Building Permit is required and that changes will be NYS Code compliant. 2. This Special Exception Permit shall be deemed void if the applicant cannot comply with the minimum on site requirement of 110 parking stalls as calculated in a Planning Board memoranda, dated September 13, 2012, written by Brian Cummings, Planner; and WHEREAS, on September 25, 2012, the Southold Town Fire Inspector reviewed the application, provided comments, and the plans were revised to the satisfaction of the Planning Board to provide adequate fire protection and emergency access for the site; and WHEREAS, on October 22, 2012, the Planning Board declared Lead Agency status for the SEQRA review of this unlisted action; and WHEREAS, on November 20, 2012, the Planning Board completed a coordinated review of this Unlisted Action pursuant to SEQRA and made a determination of non-significance for the proposed action and granted a Negative Declaration with one (1) condition: in order to mitigate the potential adverse effects to groundwater quality, the applicant is required to pump-out the sanitary system bi-annually - once in May and once in October, to reduce the amount of wastewater in the system; and WHEREAS, on December 13,2012, the New York State Department of Environmental Conservation (DEC) issued three (3) permits: Tidal Wetlands Permit under Permit gl-4738- 03462/00006, Water Quality Certification under Permit gl-4738-03462/00007 and Excavation & Fill in Navigable Waters trader Permit gl-4738-03462/00008. The three (3) permits issued expire December 12, 2017; and WHEREAS, on January 23, 2013, the Southold Town Trustees reviewed and approved the proposed construction under Wetland Permit Numbers: 8026 & 8029. Both permits expire January 23, 2016; and WHEREAS, on March 5, 2013, the New York State Department of Transportation (DOT) issued a Highway Work Permit under Permit g20121029144 and it expires September 1, 2013; and WHEREAS, at their Work Session on April 8, 2013, the Planning Board approved Covenants and Restrictions for the above-referenced application and required them to be filed with the Suffolk County Clerk Record's Office; and WHEREAS, on April 26, 2013, the applicant submitted a "receipt of filing" verifying the Covenants & Restrictions were filed with the Suffolk County Clerk regarding the bi-annual pump-out of the grease trap and septic tanks required every year - Liber D00012727, Page 711; and WHEREAS,the site plan contains an area located on a separate 4.74-acre parcel (SCTMg1000- 56-7-4.1) that is leased by the applicant. This area contains 71 of the 110 required parking stalls and is hereinafter referred to as the "leased parking area". The present owner of the parcel is Richard J. Principi, Jr. and the applicant has obtained a lease to use the parcel for this purpose. A copy of the lease has been reviewed by the Planning Board and is dated May 1, 2012 with a term limit of twenty (20) years expiring in May of 2032; and WHEREAS, at their Work Session on May 6, 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 except for two items as follows: 1. Receipt of the site plan stamped approved by the Suffolk County Department of Health Services; and 2. Receipt of the Building Inspector's certification of the proposed uses; and WHEREAS, on May 9, 2013, the applicant submitted a copy of the site plan approved and stamped by the Suffolk County Department of Health Services on May 3, 2013 for "Mixed Uses ~ 5,640 gpd" under Reference Number C 10-12-0009; and WHEREAS, on May 17, 2013, the Southold Town Chief Building Inspector reviewed and certified the proposed marina (1000-56-7-2) and boatyard (1000-56-7-4.1) as permitted uses in the M-II Zoning District and certified the proposed restaurant as a permitted use by Special Exception (ZBA File #6589); 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; James Rich: Second. Chairperson Wilcenski: Motion made and seconded. All in favor? Ayes. Chairperson Wilcenski: Motion carries. Martin Sidor: and be it further RESOLVED, that the Southold Town Planning Board grants Approval with two (2) conditions to the site plan entitled "The Mill Creek Inn & Marina" dated March 2, 2012 and last revised March 20, 2013, prepared by Samuels & Steelman, Architects. The Chairman is hereby authorized to endorse the site plan, including the following twenty (20) pages of related plans: 1) SP- 1: Key Plan, 100th Scale 2) SP-2: Key Plan, 40th Scale 3) SP-3: Enlarged Site Plan North, 20t~ Scale 4) SP-4: Enlarged Site Plan South, 20th Scale 5) SP-5: Enlarged Site Plan- Landscape & Lighting 6) SP-6: Section Thru Marina Basin 7) BEGA 1: Site Lighting Plan 8) BEGA 2: Site Lighting Plan 9) BEGA 3: Site Lighting Plan 10) 1: Sanitary Plan 11) 2: Sanitary Profiles 12) C-l: DOT Site Plan 13) C-2: DOT Grading & Drainage Plan 14) C-3: DOT Construction Details 15) SWPPP-I: SWPPP Overall Site Plan Conditions: 16) SWPPP-2: SWPPP Details & Notes 17) 1: First Floor Plan - Restaurant 18) 2: Second Floor Plan, Basement Plan - Restaurant 19) 3: Building Elevations - Restaurant 20) 4: Floor Plans & Elevations - Dock Masters Building 1. The restaurant shall not be opened for business until all site work has been completed to the satisfaction of the Planning Board, and a Certificate of Occupancy has been obtained from the Building Department. 2. If the applicant cannot comply with the minimum on-site requirement of 110 parking stalls as shown on the approved site plan referenced herein, the applicant shall immediately file an application with the Planning Board for an amended site plan approval to identify altemative parking or some other remedy to the situation acceptable to the Planning Board. Failure to comply with these conditions shall constitute a violation of this approval. James Rich: Second. Chairperson Wilcenski: Motion made and seconded. All in favor? Ayes. Chairperson Wilcenski: Motion carries. With no further business I need a motion to adjourn. Martin Sidor: So moved. James Rich: Second. Chairperson Wilcenski: Motion made and seconded. All in favor? Ayes. Chairperson Wilcenski: That motion carries. Thank you. RECEIVED JUN 4 2013 Respectfully submitted, p , scn lng ecretary Donald Wilcenski, ~ai~rson