HomeMy WebLinkAboutPB-12/16/2013 MAILING ADDRESS:
PLANNING BOARD MEMBERS OF soar P.O. Box 1179
DONALD J.WILCENSKI �� /yQ Southold, NY 11971
Chair OFFICE LOCATION:
WILLIAM J.CREMERS Town Hall Annex
PIERCE RAFFERTY H � 54375 State Route 25
JAMES H.RICH III :% • i0 (cor. Main Rd. &Youngs Ave.)
MARTIN H.SIDOR ��yCourm,��' Southold, NY
It 1 Telephone: 631 765-1938
Fax: 631 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
PUBLIC MEETING MINUTES
Monday, December 16, 2013 RECEIVED?-- *-
4:30 p.m. q;C?/9 1''
JAN 1 4 2014
Present were: Donald J. Wilcenski, Chair
William J. Cremers, Member So thold Town f
Pierce Rafferty, Member
James H. Rich III, Vice Chairperson
Martin H. Sidor, Member
Heather Lanza, Planning Director
Brian Cummings, Planner
Alyxandra Sabatino, Planner
Carol Kalin, Secretary
SETTING OF THE NEXT PLANNING BOARD MEETING
Donald Wilcenski: Good afternoon ladies and gentlemen and welcome to the regularly
scheduled December 16, 2013 Southold Town Planning Board Public Meeting. The
first order of business is to set Monday, January 13, 2014 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.
James Rich: So moved.
Martin Sidor: Second.
Donald Wilcenski: Motion made and seconded. All in favor?
Ayes.
Donald Wilcenski: Motion carries.
Southold Town Planning Board Page Two December 16, 2013
SUBDIVISIONS - FINAL DETERMINATIONS
Southold Free Library - This proposed Lot Line Change will transfer 0.1 acres from
SCTM#1000-61-1-15.1 to SCTM#1000-61-1-14. Lot 14, located in the HB Zoning
District, will increase from 0.8 acres to 0.9 acres and Lot 15.1, located in the HB Zoning
District, will decrease from 0.6 acres to 0.5 acres. The property is located at 690
Traveler Street, on the n/s/o Traveler Street approximately 127' w/o Beckwith Avenue in
Southold.
Pierce Rafferty: Mr. Chairman, I would like to offer the following resolutions:
WHEREAS, this proposed Lot Line Change will transfer 0.1 acres from SCTM#1000-
61-1-15.1 to SCTM#1000-61-1-14. Lot 14, located in the HB Zoning District, will
increase from 0.8 acres to 0.9 acres and Lot 15.1, located in the HB Zoning District, will
decrease from 0.6 acres to 0.5 acres; and
WHEREAS, on August 15, 2013, a Lot Line Modification Application was submitted;
and
WHEREAS, on September 26, 2013, at their Work Session, the Planning Board
reviewed the application and found it complete with items to be submitted immediately;
and
WHEREAS, on October 7, 2013, referrals were sent out to all applicable agencies; and
WHEREAS, on October 7, 2013, the Planning Board sent a referral to the Zoning Board
of Appeals (ZBA) requesting that the ZBA reconsider the conditions placed on the
original 1984 variance relief granted to the owners of the subject property; and
WHEREAS, on October 8, 2013, the Planning Board set the public hearing; and
WHEREAS, on October 17, 2013, the ZBA, in a Special Meeting to review the Planning
Board's request to reconsider the conditions imposed on Application #3256 Southold
Equities, Inc., dated August 14, 1984, agreed to remove the conditions; and
WHEREAS, on October 21, 2013, the Suffolk County Planning Commission responded
to the referral stating that "the application is considered a matter of local determination";
and
WHEREAS, on October 23, 2013, the Southold Fire District responded to the referral
stating that there is adequate fire protection for this property; and
Southold Town Planning Board Page Three December 16, 2013
WHEREAS, on November 1, 2013, the Local Waterfront Revitalization Coordinator
found the application exempt from the Local Waterfront Revitalization Program; and
WHEREAS, on November 4, 2013, the agent submitted draft deeds as requested by
the Planning Board; and
WHEREAS, on November 4, 2013, the Planning Board held and closed the public
hearing; and
WHEREAS, on November 18, 2013, at their Work Session, the Planning Board
reviewed and accepted all referrals received from agencies and the submitted draft
deeds; and
WHEREAS, the Southold Town Planning Board, pursuant to Town Code §240-56,
Waivers of Certain Provisions, may waive certain elements of the subdivision review if
in its judgment they are not requisite in the interest of the public health, safety and
general welfare. After reviewing the information submitted for this application, the
Planning Board has determined that it is eligible for a waiver of the Environmental
Resources Site Analysis Plan (ERSAP), the Primary and Secondary Conservation Area
Plan, the public hearing, and the Sketch Plan and Preliminary Plat steps of the
subdivision process for the following reasons:
1. No new lots are being created;
2. No changes will occur as a result of this lot line change that would adversely
affect the character of the neighborhood; and
WHEREAS, the Planning Board performed an uncoordinated review of this Unlisted
Action pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental
Quality Review Act (SEQRA); and
WHEREAS, pursuant to the Lot Line Modification Policy set by the Planning Board in
February 2011, this application is eligible for decision from the Planning Board prior to
receiving approval by the Suffolk County Department of Health Services (SCDHS) as it
meets the following criterion set forth in that policy:
• where no new development potential will be created in the parcel to which the
land is transferred; and
WHEREAS, on November 18, 2013, at their Work Session, the Planning Board
determined that the proposed action meets all the necessary requirements of Town
Code §240-57 for a Lot Line Modification; be it therefore
Southold Town Planning Board Page Four December 16, 2013
RESOLVED, that the Planning Board, pursuant to SEQRA, hereby makes a
determination of non-significance for the proposed Lot Line Modification and grants a
Negative Declaration;
William Cremers: Second.
Donald Wilcenski: Motion made and seconded. Any discussion? All in favor?
Ayes.
Donald Wilcenski: Motion carries.
Pierce Raffertv: and be it further RESOLVED, that the Planning Board hereby waives
the requirements of Town Code §240 to submit the ERSAP, Primary and Secondary
Conservation Plans, Sketch Plan and Preliminary Plat steps;
William Cremers: Second.
Donald Wilcenski: Motion made and seconded. Any discussion? All in favor?
Ayes.
Donald Wilcenski: Motion carries.
Pierce Raffertv: and be it further RESOLVED, that the Planning Board hereby waives
the requirement for SCDHS approval prior to Planning Board approval of this lot line
modification;
William Cremers: Second.
Donald Wilcenski: Motion made and seconded. Any discussion? All in favor?
Ayes.
Donald Wilcenski: Motion carries.
Pierce Raffertv: and be it further RESOLVED, that the Southold Town Planning Board
grants Final Approval on the maps entitled "Survey of Property at Town of Southold"
prepared by John T. Metzger, Land Surveyor, dated November 14, 2013, and
authorizes the Chairman to endorse the map.
William Cremers: Second.
Southold Town Planning Board Pape Five December 16, 2013
Donald Wilcenski: Motion made and seconded. Any discussion? All in favor?
Ayes.
Donald Wilcenski: Motion carries.
APPROVAL EXTENSIONS
Baxter, William J.. Jr. - This proposal is for a Standard Subdivision of a 2.38-acre
parcel 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 in Cutchogue. SCTM#1000-102-5-9.4
James Rich: Mr. Chairman, I will offer the following:
WHEREAS, this proposal is for a Standard Subdivision of a 2.38-acre parcel into 4 lots
where Lot 1 equals 0.62 acres, Lot 2 equals 0.63 acres, Lot 3 equals 0.62 acres and
Lot 4 equals 0.52 acres. The parcel is located in the Hamlet Business Zoning District;
and
WHEREAS, on July 1, 2013, the Southold Town Planning Board granted an Extension
of Sketch Plan Approval through December 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; and
WHEREAS, on December 3, 2013, the agent requested a three month extension; and
WHEREAS, on December 4, 2013, Sketch Plan Approval expired; be it therefore
RESOLVED, that the Southold Town Planning Board hereby grants an Extension of
Sketch Plan Approval through March 4, 2014 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.
William Cremers: Second.
Donald Wilcenski: Motion made and seconded. Any discussion? All in favor?
Ayes.
Southold Town Planning Board Pape Six December 16, 2013
Donald Wilcenski: Motion carries.
LEGAL DOCUMENTATION DETERMINATIONS - Accept Grants of
Drainage Easement, Open Space Conservation Easements and Declarations of
Covenants and Restrictions
Conkling Point Estates - This proposal is to subdivide a 7.725-acre parcel into four
lots, where Lot 1 equals 29,869 sq. ft. inclusive of 4.98 acres of open space which
includes 0.82 acres of wetlands; Lot 2 equals 29,869 sq. ft.; Lot 3 equals 29,869 sq. ft.;
and Lot 4 equals 29,869 sq. ft. This project includes the transferring of 37,882 sq. ft. of
buildable lands from SCTM#1000-53-4-44.3 onto the subject property for the purpose
of establishing yield.
Martin Sidor: WHEREAS, this proposal is to subdivide a 7.725-acre parcel into four
lots, where Lot 1 equals 29,869 sq. ft. inclusive of 4.98 acres of open space which
includes 0.82 acres of wetlands, Lot 2 equals 29,869 sq. ft., Lot 3 equals 29,869 sq. ft.,
and Lot 4 equals 29,869 sq. ft. This project includes the transferring of 37,882 sq. ft. of
buildable lands from SCTM#1000-53-4-44.3 onto the subject property for the purpose
of establishing yield; and
WHEREAS, on December 11, 2013, the applicant submitted a Declaration of
Covenants and Restrictions, Grant of Drainage Easement and Open Space
Conservation Easement as required by the Planning Board; and
WHEREAS, on December 16, 2013, at their work session, the Southold Town Planning
Board reviewed and approved the Declaration of Covenants and Restrictions, Grant of
Drainage Easement and Open Space Conservation Easement; be it therefore
RESOLVED, that the Southold Town Planning Board hereby accepts the Declaration
of Covenants and Restrictions as submitted on December 11, 2013;
William Cremers: Second.
Donald Wilcenski: Motion made and seconded. Any discussion? All in favor?
Ayes.
Donald Wilcenski: Motion carries.
Southold Town Planning Board Pape Seven December 16, 2013
Martin Sidor: and be it further RESOLVED, that the Southold Town Planning Board
hereby accepts the Grant of Drainage Easement submitted on December 11, 2013
and recommends the same to the Southold Town Board;
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 accepts the Open Space Conservation Easement as submitted on
December 11, 2013 and recommends the same to the Southold Town Board.
William Cremers: Second.
Donald Wilcenski: Motion made and seconded. Any discussion? All in favor?
Ayes.
Donald Wilcenski: Motion carries.
**********************************************
SITE PLAN DETERMINATIONS
Vineyard 48 - This amended site plan is for the proposed construction of a 40' x 100'
pole barn pavilion with two walls, a re-design of the existing parking areas, and the
addition of an overflow parking area with 100 parking spaces. Existing on site are: a
2,032 sq. ft. wine tasting room, a 1,800 sq. ft. office and lab building presently used as
a 1,480 sq. ft. office and 320 sq. ft. cigar store, and a 3,000 sq. ft. storage building and
11.3 acres of grapevines on 14.9 acres in the A-C Zoning District. The property is
located at 18910 CR 48, ±340' west of CR 48 and Depot Lane in Cutchogue.
SCTM#1000-96-4-4.3
William Cremers: WHEREAS, this amended site plan is for the proposed construction
of a 40' x 100' pole barn pavilion with two walls, a re-design of the existing parking
areas, and the addition of an overflow parking area with 100 parking spaces. Existing
on site are: a 2,032 sq. ft. wine tasting room, a 1,800 sq. ft. office and lab building
presently used as a 1,480 sq. ft. office and 320 sq. ft. cigar store, and a 3,000 sq. ft.
Southold Town Planning Board Page Eight December 16. 2013
storage building and 11.3 acres of grapevines on 14.9 acres in the A-C Zoning District;
and
WHEREAS, on January 16, 2013, Patricia C. Moore, agent to the applicant, submitted
an application for site plan review; and
WHEREAS, on March 8, 2013, Patricia C. Moore, Esq., agent to the applicant,
submitted a revised application proposing the inclusion of a 4,000 sq. ft. pole barn
pavilion for site plan review; and
WHEREAS, on March 25, 2013, the Planning Board reviewed the application and
determined it incomplete, requiring further information and revisions to the site plan;
and
WHEREAS, on April 1, 2013, the Planning Board received the required information and
accepted the application as complete for review; and
WHEREAS, the Southold Town Planning Board, pursuant to State Environmental
Quality Review (SEAR) 6 NYCRR, Part 617.5 (c), has determined that the proposed
action is a Type II Action as it falls within the following description for 6 NYCRR, Part
617.5(c)(7): "construction or expansion of a primary or accessory/appurtenant, non-
residential structure or facility involving less than 4,000 square feet of gross floor area
and, therefore, not subject to SEQRA review; and
WHEREAS, on April 19, 2013, the Planning Board, pursuant to Southold Town Code
§280-131 C., distributed the application to the required agencies for their comments;
and
WHEREAS, the proposed action is exempt from review by the Suffolk County Planning
Commission (SCPC) and a matter of local determination as the application is proposing
less than 5,000 square feet of new or renovated floor area; and
WHEREAS, on May 6, 2013, the Southold Town Engineer reviewed the above-
referenced application and recommended the requirement of further information to
ensure the proposal meets the minimum requirements of Chapter 236 for Storm Water
Management; and
WHEREAS, on May 10, 2013, the Suffolk County Department of Health Services
(SCDHS) provided comments that a review by the SCDHS was required and an
application had not been received; and
Southold Town Planning Board Pape Nine December 16, 2013
WHEREAS, on May 10, 2013, the Suffolk County Department of Public Works
(SCDPW) provided comments that a permit from the SCDPW would be required
pursuant to Section 136 of the Highway Law and Section 239F of the New York State
General Municipal Law; and
WHEREAS, on May 20, 2013, the Southold Town Architectural Review Committee
reviewed the proposed project and provided recommendations to the Planning Board;
and
WHEREAS, on May 28, 2013, the Southold Town Fire Inspector reviewed and
determined that there was adequate fire protection and emergency access for the site;
and
WHEREAS, on May 28, 2013, the Cutchogue Fire District determined there was
adequate fire protection for the site; and
WHEREAS, on June 3, 2013, a public hearing was held and left open based on the
requirement of more information to be provided by the applicant; and
WHEREAS, on June 11, 2013, the Planning Board, pursuant to Southold Town Code
§280-131 C., distributed the application to the Southold Town Transportation
Commission for their comments; and
WHEREAS, on June 28, 2013, the Southold Town Transportation Commission
provided comments and recommendations to the Planning Board; and
WHEREAS, on July 1, 2013, the public hearing was continued and closed with the
exception of written comments, which were permitted to be submitted to the Planning
Department for an additional two weeks; and
WHEREAS, on July 23, 2013, the Town of Southold LWRP Coordinator reviewed the
above-referenced project and determined the proposed pole barn pavilion and re-
design of the existing parking areas to be consistent with Southold Town LWRP policies
and determined the proposed addition of seasonal overflow parking to be inconsistent
with the Southold Town LWRP policies due to its location far from the existing winery
buildings, and too close to nearby residences; and
WHEREAS, on August, 19, 2013, Patricia C. Moore, agent to the applicant, submitted a
revised site plan entitled "Amended Site Plan for Vineyard 48", dated June 5, 2013 and
last revised August 14, 2013 (hereinafter referred to as the proposed site plan); and
WHEREAS, on August 28, 2013, the Planning Board, pursuant to §280-146 (D),
referred the application to the Southold Town Zoning Board of Appeals (ZBA) for an
Southold Town Planninq Board Page Ten December 16, 2013
interpretation as to whether the uses on the site, principal and accessory, are permitted
in the A-C Zoning District under the Southold Town Zoning Code; and
WHEREAS, on November 7, 2013, in their File #6685, the Southold Town Zoning
Board of Appeals (ZBA) (hereafter "ZBA Decision") determined that the activity
described in the request is not permitted as a primary or accessory use to a winery
within the meaning of§280-13 because it is inconsistent with the agricultural/residential
nature of the A-C and Low Density Residential Zoning Districts. Furthermore, a stand-
alone retail cigar store is not a permitted use in the A-C Zone; and
WHEREAS, at the Work Session on December 2, 2013, the Planning Board reviewed
the public hearing and written record, together with the Staff Report of December 2,
2013 regarding this application; and
WHEREAS, on December 16, 2013, the Southold Town Chief Building Inspector
reviewed and certified the proposed winery as a permitted use in the A-C Zoning
District; and
WHEREAS, the Planning Board has found that, as reflected in the record for this site
plan application, there are issues pertaining to noise, parking, traffic safety, pedestrian
safety, and adverse impacts to the established character and value of the adjoining
properties that must be adequately addressed in the site plan approval process, and
that these issues have not been adequately addressed in the site plan application
referenced herein and the proposed site plan; and
WHEREAS, the Planning Board has identified revisions to the proposed site plan, and
additional conditions for this site which address and mitigate these identified areas of
concern and adverse impacts, and will ensure that the use of the premises conforms to
the permitted principal and accessory uses allowed for wineries as determined by the
Zoning Board. These conditions and their expected mitigating effects are as follows:
1. The maximum number of parking spaces permitted for the accessory wine-tasting
use at this site is 23 standard spaces at 9' x 19', six (6) limousine/over-sized spaces
at 9' x 25', and six (6) bus parking spaces at 15' x 45'. See conditions below for
more details on the locations of these parking spaces.
This condition is intended to provide a fixed number of vehicles permitted on the site
for the purpose of wine tasting. The rationale for this condition is based on the
zoning issues addressed in the ZBA decision regarding the commercial nature and
intensity of the use of the site, the number of parking spaces that can be safely
accommodated at the site, and adverse impacts identified on the Planning Board's
record (a summary of which can be found in the Planning Staff Report dated
Southold Town Planning Board Page Eleven December 16, 2013
December 2, 2013). The safety of the public and the quality of life of the neighbors
will be better served by controlling the amount of vehicles that visit this site.
The testimony from the public for this application contained many examples of how
the operation of this site has led to a decrease in the neighbors'quality of life.
Further, the ZBA has ruled that using a winery site on a regular basis for large
crowds with loud pulsating music and a bar/nightclub atmosphere where the focus is
not on learning about wine and tasting wine, but on partying and dancing, is not
permitted in the A-C Zoning District. The Zoning Board ruled that the intensity of use
of a site in this manner is not consistent with the agricultural/residential nature of the
zoning district. The ZBA also determined that the commercial nature of the use of
the site is not in keeping with the purpose of the zoning district.
The intense use and large crowds created traffic safety hazards, pedestrian safety
hazards, and adverse impacts on the established character and value of adjoining
properties and the neighborhood, and noise pollution. These impacts reduced the
quality of life of the surrounding community and community character overall has
suffered.
The 2006 "as-built"site plan previously approved by the Planning Board shows 34
parking spaces, with one bus space. By way of this and subsequent conditions
related to parking to follow, the Planning Board is expanding the designated parking
on this amended site plan to include twelve over-sized parking spaces that can
accommodate up to six full-size buses and six limousines. This parking expansion
will more safely accommodate the types of vehicles shown to regularly visit this site.
2. All vehicles bringing patrons to the site must remain on site with those patrons, and
must park in approved designated parking spaces as required under Town Code
Section 280-78H.
Town Code Section 280-78 H requires that parking for the use of the site be
contained on site. Currently buses and limousines, on busy days, drop their clients
off, leave the site, and return later to pick them up. Leaving the site and returning to
pick up the clients increases the number of vehicle trips generated by this site. As a
result, the traffic safety hazards are increased as these large vehicles exit and enter
CR 48, where traffic typically travels at 55 mph or greater, with no acceleration or
deceleration lanes at this site.
Southold Town Planning Board Page Twelve December 16, 2013
Testimony on the Planning Board's record indicated that neighbors observed
limousines parking and idling on nearby residential streets in front of residences
while waiting for a call to pick up their clients from this site, another adverse impact
to the quality of life of neighbors. Also, it is expected that exhaust emissions in the
area are increased as the buses and limousines make these extra trips because
they have no place to park on site. Requiring that all vehicles remain on the site with
their clients will improve traffic safety, reduce pollution, and improve quality of life for
area residents.
Additionally, this requirement is also being imposed as stated above in the rationale
for Condition #1.
3. Parking is allowed only in areas approved as parking spaces by the Planning Board
on the approved site plan. Over-sized vehicles such as limousines and buses may
park only in over-sized spaces designated for limousines and/or buses, and may not
park in spaces designated as standard 9' x 19' parking spaces.
When the approved parking areas are full, no more vehicles may drop off patrons
until a parking space becomes available. Vehicles may not park, stand or wait in the
driveways except to drop off patrons and proceed to an open parking space, or to
pick up patrons after leaving a parking space.
Until such time as the proposed site plan (the subject of this application) is revised
to reflect the conditions herein, the parking plan shown on the as-built approved site
plan entitled "Site Plan for Vineyard 48", dated August 14, 1996 (Final) and last
revised May 18, 2006, will be in effect (34 standard size parking spaces). Parking in
other locations on the site and parking off site is not allowed and will be a violation
of this site plan approval.
The rationale for this condition is listed in Conditions #1 and#2 above.
4. All amplified music and other amplified sounds shall be contained entirely indoors in
the wine-tasting building with all doors and windows closed.
This condition will help mitigate the quality of life issues identified as a result of the
volume and duration of the DJ music. This condition will aid in allowing the
accessory use of the property for wine tasting to conform to the ZBA decision. The
Planning Board's record shows evidence that music is played from noon to 7:00
p.m. nearly every Saturday and Sunday from late spring through late fall, creating a
bar/dance hall atmosphere contrary to the permitted uses allowed. There are
Southold Town Planning Board Page Thirteen December 16. 2013
numerous reports by neighbors on the record about the noise preventing them from
being able to enjoy the outdoor space in their yards due to the noise every weekend
and for much of the day over the course of at least two years.
Examples of the noise problems are the yelling and shouting by large crowds of
patrons, the recorded music being played by a DJ, both by its loud volume and
vulgar content, and the loud amplified voice of the DJ, all of which have been
reported by the neighbors to be disturbing the quiet and comfort of persons residing
at adjacent and neighboring properties.
5. Tents, canopies, sails, awnings or other coverings are prohibited except in
connection with a Special Event Permit. Individual table umbrellas are permitted.
This condition will discourage large crowds and DJ dance parties outside the wine-
tasting building, which will mitigate adverse impacts and will reduce the overall
intensity of the use which the ZBA has stated is not a permitted use in the A-C
Zoning District. Discouraging large crowds outside will help to eliminate the
commercial use of the site, aid the applicant with safely managing the site, and help
to prevent the adverse effects large crowds have had on the established character
and value of adjacent properties and neighborhoods. Tables with umbrellas would
be permitted in the outdoor seating area. The wine-tasting building provides shelter
from the elements and tables with umbrellas would provide shade on sunny days.
6. Remove the cigar store sign and cease retail sales from the building labeled as
"Office and Lab" on the proposed site plan. A cigar store is not a permitted use
according to the ZBA (decision dated November 7th, 2013, File #6685).
The ZBA, in their ruling on November 7, 2013, File No. 6685, determined that a
stand-alone retail cigar store is not a permitted use in this zone. Further, the
Planning Board is requiring that all retail sales be conducted in a single building (the
wine-tasting building, labeled as "1 sty fr. building"on the site plan) and that they
meet the Town Code requirement as stated in §280-13C (10):
"Wineries may have an accessory gift shop on the premises which may sell items
accessory to wine, such as corkscrews, wine glasses, decanters, items for the
storage and display of wine, books on wine making and the region and
nonspecific items bearing the insignia of the winery."
7. Retail sales accessory to a winery are permitted in the wine-tasting building only
(identified as 1-sty fr. building on the proposed site plan and the 2006 site plan).
Southold Town Planning Board Page Fourteen December 16, 2013
This is the appropriate building for retail sales accessory to a winery use. This is the
only building on the site that is designated on previous and current site plans for this
use.
8. Screen any portable toilets from view from CR 48, a New York State Scenic
Corridor. The screening material must be approved by the Planning Board. The use
of portable toilets must be in compliance with any applicable Local, County or State
regulations.
CR 48 is a New York State designated Scenic Corridor. Screening the portable
toilets will help protect the view shed.
9. Any food provided to patrons on site must be in accordance with all Local, County
and State regulations.
10.Submit nine copies of the site plan with the following revisions completed to the
satisfaction of the Planning Board:
a. Remove from the plan the proposed pole barn and references to tents, or any
other outdoor shelter including but not limited to canopies or awnings.
This condition will discourage large crowds and DJ dance parties outside the
wine-tasting building, which will mitigate adverse impacts and will reduce the
overall intensity of the use which the ZBA has stated is not a permitted use in
the A-C Zoning District. Discouraging large crowds outside will help to
eliminate the commercial use of the site, aid the applicant with safely
managing the site, and help to prevent the adverse effects large crowds have
had on the established character and value of adjacent properties and
neighborhoods. Tables with umbrellas would be permitted. The wine-tasting
building provides shelter from the elements and tables with umbrellas would
provide shade on sunny days.
b. Remove from the plan all reference to a retail cigar store.
See Condition #6 above.
c. Re-design the parking on the proposed site plan as follows:
i. Eliminate the 100-car seasonal overflow parking area in the
southwestern corner of the parcel.
Southold Town Planning Board Page Fifteen December 16, 2013
This condition is related to Condition #1 above and the rationale for it
is the same with the addition of the following:
This parking area is located only 20'from a residential parcel and
close to existing residences. Allowing large amounts of parking on site
will lead to larger crowds, which in tum results in a use of the site
contrary to zoning (see ZBA Decision) and which adversely impacts
the neighboring residential community. This proposed parking area is a
long distance away from the public buildings and would result in
patrons travelling on foot through a substantial portion of the vineyard
where there are potential safety hazards including trellis support wires
and chemical spraying.
Eliminating this parking area is also consistent with the LWRP Policy 1
which states that development should be done in a pattern that
enhances community character, makes efficient use of infrastructure,
and minimizes adverse effects of development. The overflow parking
area as proposed is inconsistent with this policy because it would
cause noise and dust that would potentially reduce the quality of life to
the nearby residences. It is far away from existing infrastructure—
clustering all parking near the buildings would be more consistent with
this policy and increase the safety of the parking.
ii. Replace the 24 parking spaces in the rear of the buildings with six
large parking spaces (15' x 45') behind the buildings, and designate
these spaces as bus parking spaces on the plan and with signage on
site.
This overflow parking area for buses in this location will accomplish several
goals. One will be to reduce the impact of these large vehicles on the scenic
view shed of CR 48, and the other will be to improve the safety of the site for
pedestrians and other traffic.
This area will also provide adequate space for these large vehicles to
maneuver and park, improving the safety of the site for the public.
Limiting the number of buses permitted to park at any given time during day-
to-day operations will accomplish the further goal of limiting the number of
people on site, thus mitigating the adverse impacts to the community
Southold Town Planning Board Page Sixteen December 16. 2013
caused by the large crowds and ensuring compliance with zoning as
addressed in the ZBA Decision.
See Condition #1 above for more details.
iii. Designate a drop-off area immediately adjacent to the main entrance
to the building for buses and limousines.
Designating a specific drop-off area close to the building will improve
pedestrian safety on the site.
iv. Eliminate the western most parking space in the front of the building.
It is too close to the entrance driveway to be safe. The exiting vehicle
would be backing into the traffic entering the driveway.
v. Move the 16 parking spaces in the front of the building to their original
location as shown on the approved "as-built" site plan, dated August
14, 1996 (Final) and last revised May 18, 2006.
The proposed plan shows these parking areas 13'closer to CR 48
than they currently exist. Moving them on the proposed plan back to
their original location is more consistent with the Town's Scenic
Corridor Management Plan as they will be somewhat less obtrusive to
the scenic view shed of the CR 48 Scenic Corridor.
vi. Eliminate the 5 parking spaces in the southeast corner to leave more
room for buses to maneuver safely in and out of the parking lot.
vii. Eliminate the northern most limousine parking space to allow more
room for over-sized vehicles to maneuver safely.
viii. Shift the six limousine parking spaces to the east a few feet to widen
the aisle to safely accommodate over-sized vehicles.
ix. Remove the queuing lanes in the front of the building.
The queuing lanes are not safe because there is no provision for pedestrians to
safely cross from the adjacent parking area through the buses, limousines and
other vehicles queuing in the lanes, and no provision for the safety of the
pedestrians exiting the queued vehicles.
Southold Town Planninq Board Page Seventeen December 16, 2013
There is also no open lane travel lane for vehicles to exit. Instead, we are
requiring a designated drop-off location (see below) for pedestrians, and that
vehicles be required to move to open parking spaces as soon as they finish
dropping off their clients.
x. Designate on the site plan safe drop-off and pick-up locations close to
the building for patrons exiting and entering vehicles.
This will improve pedestrian safety, parking safety and traffic safety on the
site by ensuring that patrons arriving by bus or limousine have a safe place
to exit and enter the vehicle.
A Provide aisles in the parking areas with a minimum width of 22' as
required by Town Code and to safely permit the passage of buses and
limousines.
xii. Designate all parking spaces on the site plan with parking bumpers
and signage indicating the type of vehicle allowed to park there (e.g.
limousine, bus, private automobile).
Clearly marked parking spaces will reduce confusion for drivers entering the
site for the first time, and will thus improve the parking and traffic safety at
the site, especially as it relates to buses and other large vehicles.
xiii. Install signage to mark the entrance and exit driveways clearly, and
add a stop sign with a "no left turn" sign at the end of the exit driveway.
Clear signage to aid in entering and exiting the site will improve the traffic
safety relating to the use of this site.
xiv. Provide a plan for stabilizing the surface of the parking areas shown
on grass.
xv. Eliminate the bus stall at the front of the site.
This is no longer a safe or adequate location due to the increase in intensity
of use of the site, and the evidence that multiple buses use this site at one
time. A bus would need to back out into oncoming traffic in the entrance
driveway to depart. The Planning Board has required the bus parking to be
Southold Town Planning Board Page Eighteen December 16. 2013
relocated behind the building to accommodate more buses safely (see
Condition #ii above).
d. Show the location of the portable toilets on the site plan, and screening for
them.
e. Pursuant to §172 of the Southold Town Code, require the applicant to provide
the type and number of all replacement lighting fixtures, including the
manufacturer's cut-sheets showing the characteristics and model number(s)
to ensure code compliance. Provide photographs of all existing exterior light
fixtures on site, and provide the location of all existing outdoor light fixtures on
the site plan in addition to any proposed light fixtures.
Lighting on site must be shown to be in compliance with the Town Code, and
there are at least two complaints on file in the record about lighting at the site.
11.Conditions Number 1 through 9 are in effect and enforceable for this site as of
December 17, 2013.
12. List Conditions Number 1 through 9 on the site plan; be it therefore
RESOLVED, based on the LWRP recommendation and the conditions imposed herein,
the Southold Town Planning Board finds that the application is consistent with the
LWRP;
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 with Conditions to the site plan application for Vineyard 48,
and the most recent plan submitted entitled "Amended Site Plan for Vineyard 48" dated
June 5, 2013 and last revised August 14, 2013, prepared by John T. Metzger, L.S. with
the following conditions:
1. The maximum number of parking spaces permitted for the accessory wine-tasting
use at this site is 23 standard spaces at 9' x 19', six (6) limousine/over-sized spaces
at 9' x 25', and six (6) bus parking spaces at 15' x 45'. See conditions below for
more details on the locations of these parking spaces.
Southold Town Planning Board Page Nineteen December 16, 2013
2. All vehicles bringing patrons to the site must remain on site with those patrons, and
must park in approved designated parking spaces as required under Town Code
Section 280-78H.
3. Parking is allowed only in areas approved as parking spaces by the Planning Board
on the approved site plan. Over-sized vehicles such as limousines and buses may
park only in over-sized spaces designated for limousines and/or buses, and may not
park in spaces designated as standard 9' x 19' parking spaces.
When the approved parking areas are full, no more vehicles may drop off patrons
until a parking space becomes available. Vehicles may not park, stand or wait in the
driveways, except to drop off patrons and proceed to an open parking space, or to
pick up patrons after leaving a parking space.
Until such time as the proposed site plan (the subject of this application) is revised
to reflect the conditions herein, the parking plan shown on the as-built approved site
plan entitled "Site Plan for Vineyard 48" dated August 14, 1996 (Final) and last
revised May 18, 2006 will be in effect (34 standard size parking spaces). Parking in
other locations on the site and parking off site is not allowed and will be a violation
of this site plan approval.
4. All amplified music and other amplified sounds shall be contained entirely indoors in
the-wine tasting building with all doors and windows closed.
5. Tents, canopies, sails, awnings or other coverings are prohibited except in
connection with a Special Event Permit. Individual table umbrellas are permitted.
6. Remove the cigar store sign and cease retail sales from the building labeled as
"Office and Lab" on the proposed site plan. A cigar store is not a permitted use
according to the ZBA (decision dated November 7t", 2013, File #6685).
7. Retail sales accessory to a winery are permitted in the wine-tasting building only
(identified as 1-sty fr. building on the proposed site plan and the 2006 site plan).
8. Screen any portable toilets from view from CR 48, a New York State Scenic
Corridor. The screening material must be approved by the Planning Board. The use
of portable toilets must be in compliance with any applicable Local, County or State
regulations.
Southold Town Planning Board Page Twenty December 16, 2013
9. Any food provided to patrons on site must be in accordance with all Local, County
and State regulations.
10.Submit nine copies of the site plan with the following revisions completed to the
satisfaction of the Planning Board:
a. Remove from the plan the proposed pole barn and references to tents, or any
other outdoor shelter including but not limited to canopies or awnings.
b. Remove from the plan all reference to a retail cigar store.
c. Re-design the parking on the proposed site plan as follows:
i. Eliminate the 100-car seasonal overflow parking area in the
southwestern corner of the parcel.
ii. Replace the 24 parking spaces in the rear of the buildings with six
large parking spaces (15' x 45') behind the buildings, and designate
these spaces as bus parking spaces on the plan and with signage on
site.
iii. Designate a drop-off area immediately adjacent to the main entrance
to the building for buses and limousines.
iv. Eliminate the western most parking space in the front of the building.
v. Move the 16 parking spaces in the front of the building to their original
location as shown on the approved "as-built" site plan dated August
14, 1996 (Final) and last revised May 18, 2006.
vi. Eliminate the 5 parking spaces in the southeast corner to leave more
room for buses to maneuver safely in and out of the parking lot.
vii. Eliminate the northern most limousine parking space to allow more
room for oversized vehicles to maneuver safely.
viii. Shift the six limousine parking spaces to the east a few feet to widen
the aisle to safely accommodate over-sized vehicles.
ix. Remove the queuing lanes in the front of the building.
x. Designate on the site plan safe drop-off and pick-up locations close to
the building for patrons exiting and entering vehicles.
Southold Town Planning Board Page Twenty-One December 16. 2013
xi. Provide aisles in the parking areas with a minimum width of 22' as
required by Town Code and to safely permit the passage of buses and
limousines.
xii. Designate all parking spaces on the site plan with parking bumpers.
xiii. Install signage to mark the entrance and exit driveways clearly, and
add a stop sign with a "no left turn" sign at the end of the exit driveway.
xiv. Provide a plan for stabilizing the surface of the parking areas shown
on grass.
xv. Eliminate the bus stall at the front of the site.
d. Show the location of the portable toilets on the site plan, and screening for
them.
e. Pursuant to §172 of the Southold Town Code, require the applicant to provide
the type and number of all replacement lighting fixtures, including the
manufacturer's cut-sheets showing the characteristics and model number(s)
to ensure code compliance. Provide photographs of all existing exterior light
fixtures on site, and provide the location of all existing outdoor light fixtures on
the site plan in addition to any proposed light fixtures.
11.Conditions Number 1 through 9 are in effect and enforceable for this site as of
December 17, 2013.
12. List Conditions Number 1 through 9 on the site plan.
The chairman is authorized to stamp the plan as Approved after the conditions
have been met to the satisfaction of the Planning Board. As stated above, and
pursuant to §280-132 Duration of plan of the Town Code, Conditions Number 1
through 9 are in effect and enforceable immediately.
Martin Sidor: Second.
Donald Wilcenski: Motion made and seconded. Any discussion? All in favor?
Ayes.
Donald Wilcenski: Motion carries.
Southold Town Planning Board Page Twenty-Two December 16, 2013
North Fork Self Storage #2 Amended - This site plan is for the construction of a
24,505 sq. ft. storage building, including a 1,473 sq. ft. office and a 1,473 sq. ft.
apartment for security on a 47,166 sq. ft. parcel in the Light Industrial Zoning District
located on the w/s/o Commerce Drive, approximately 475' south of Corporate Road in
Cutchogue. SCTM#1000-96-1-1.2
Pierce Rafferty: Mr. Chairman, I would like to offer the following resolutions:
WHEREAS, this amended site plan is for the construction of a 24,505 sq. ft. storage
building, including a 1,473 sq. ft. office, and a 1,473 sq. ft. apartment for security on a
47,166 sq. ft. parcel in the Light Industrial Zoning District; and
WHEREAS, on October 4, 2013, Martin Kosmynka, owner, submitted an amended
application for site plan review; and
WHEREAS, on October 7, 2013, the Planning Board reviewed the application and
found it complete and accepted the application for review; and
WHEREAS, on October 16, 2013, 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 October 16, 2013, the Planning Board, pursuant to Southold Town
Code §280-131 C., distributed the application to the required agencies for their
comments; and
WHEREAS, the Planning Board performed a coordinated review of this Unlisted Action
pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality
Review Act (SEQRA); and
WHEREAS, on October 20, 2013, the Southold Town Fire Inspector reviewed and
determined that there was adequate fire protection and emergency access for the site;
and
WHEREAS, on October 20, 2013, the Cutchogue Fire District determined there was
adequate fire protection for the site; and
WHEREAS, on October 30, 2013, the Southold Town Engineer reviewed the above-
referenced application and determined that the proposed drainage meets the minimum
requirements of Chapter 236 for Storm Water Management; and
WHEREAS, on November 4, 2013, a public hearing was held and closed; and
Southold Town Planning Board Page Twenty-Three December 16, 2013
WHEREAS, on November 14, 2013, the Southold Town Architectural Review
Committee reviewed the proposed project and approved of its design as submitted; and
WHEREAS, on December 2, 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, on December 2, 2013, the applicant submitted a copy of the permit
renewal by the Suffolk County Department of Health Services (SCDHS) on September
15, 2012 for 368 gpd under Reference Number C10-08-0012; and
WHEREAS, on December 2, 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 with the exception of a SEQRA
determination; and
WHEREAS, on December 12, 2013, the Southold Town Chief Building Inspector
reviewed and certified the proposed public warehousing as a permitted use in the Light
Industrial Zoning District; and
WHEREAS, on December 13, 2013, the Southold Town Zoning Board of Appeals
(ZBA) determined the amended proposal de minimis with regard to the previous ZBA
Decision File #6259; 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.
Donald Wilcenski: Motion made and seconded. Any discussion? All in favor?
Ayes.
Donald Wilcenski: Motion carries.
Pierce Rafferty: and be it further RESOLVED, that the Southold Town Planning Board,
pursuant to SEQRA as Lead Agency, hereby makes a determination of non-
significance for the proposed action and grants a Negative Declaration;
William Cremers: Second.
Donald Wilcenski: Motion made and seconded. Any discussion? All in favor?
Southold Town Planning Board Page Twenty-Four December 16, 2013
Ayes.
Donald Wilcenski: Motion carries.
Pierce Rafferty: and be it further RESOLVED, that the Southold Town Planning Board
grants Approval to the site plan entitled "North Fork Self Storage #2" prepared by
Kenneth H. Beckman, L.S. dated October 2008 and last revised May 14, 2009 and
including the following three (3) plans:
1) Sheet 1: Site Plan
2) A-1: 151 and 2nd Floor Plans
3) A-2: Elevations
James Rich: Second.
Donald Wilcenski: Motion made and seconded. Any discussion? All in favor?
Ayes.
Donald Wilcenski: Motion carries.
SET HEARINGS
Brostar. LLC (Spanos) - This proposed site plan is for the approval of an existing site
that includes a gas station, 1,200 sq. ft. service center and a 621 sq. ft. convenience
store in the R-40 Zone, pursuant to the decision of the Zoning Board of Appeals 6463.
The property is located at 1100 Main Street (a.k.a. 330 Main Street), on the northeast
corner of Main Street & Champlin Place in Greenport. SCTM#1000-34-3-22
James Rich: Mr. Chairman, I will offer the following:
WHEREAS, on December 26, 2012, the agent for the applicant, Michael D. Solomon,
Esq., submitted an application for site plan review; and
WHEREAS, this proposed site plan is for the approval of an existing site that includes a
gas station, 1,200 sq. ft. service center and a 621 sq. ft. convenience store in the R-40
Zone, pursuant to the decision of the Zoning Board of Appeals #6463; be it therefore
Southold Town Planning Board Page Twenty-Five December 16, 2013
RESOLVED, that the Southold Town Planning Board sets Monday, January 13, 2014
at 4:31 p.m. for a public hearing regarding the site plan entitled "Brostar, LLC" dated
July 13, 2012 and last revised October 16, 2013, prepared by Allen Glenn Bernhard, P.E.
William Cremers: Second.
Donald Wilcenski: Motion made and seconded. Any discussion? All in favor?
Ayes.
Donald Wilcenski: Motion carries.
HEARINGS HELD OVER
Sacred Heart Church & Valerioti - This proposed Lot Line Change will transfer 0.48
acres from SCTM#1000-96-5-10 to SCTM#1000-96-5-12.1. Lot 12.1 will increase from
35.03 acres to 35.51 acres and Lot 10 will decrease from 1.74 acres to 1.26 acres
located in the AC Zoning District. The property is located at 3400 & 4200 Depot Lane,
on the s/w/s/o Depot Lane approximately 1,468' feet south of CR 48, Cutchogue.
Donald Wilcenski: At this time I would like to ask anyone from the audience if they
would like to speak on behalf of or make any comments to the Board on this public
hearing for Sacred Heart Church Cemetery.
William Goggins for the applicant: We ask that it be approved as submitted. Thank you.
Donald Wilcenski: Thanks, Bill.
James Rich: I'll make a motion the hearing be closed.
Donald Wilcenski: We have a motion to close the hearing.
William Cremers: Second.
Donald Wilcenski: Motion made and seconded. Any discussion? All in favor?
Donald Wilcenski: Motion carries.
Martin Sidor: WHEREAS, this proposed Lot Line Change will transfer 0.48 acres from
SCTM#1000-96-5-10 to SCTM#1 000-96-5-12.1. Lot 12.1 will increase from 35.03 acres
Southold Town Planning Board Page Twenty-Six December 16, 2013
to 35.51 acres and Lot 10 will decrease from 1.74 acres to 1.26 acres located in the AC
Zoning District; and
WHEREAS, on March 18, 2013, a Lot Line Modification Application was submitted; and
WHEREAS, on March 20, 2013, the Zoning Board of Appeals (ZBA) requested
comments for consideration of a lot area variance as shown in ZBA Application #6645;
and
WHEREAS, on March 25, 2013, at their Work Session, the Planning Board reviewed
the application and found it incomplete with the following items to be submitted
immediately:
1. Documentation of variances received by the Zoning Board of Appeals
2. The Planning Board is requiring that the applicant prove that SCTM#1000-96-5-
10 is a single and separate lot pursuant to 280-9 Lot Recognition of the Southold
Town Code.
3. Submission of draft deeds; and
WHEREAS, on April 12, 2013, the Planning Board responded to the ZBA's request for
comments supporting a variance to accomplish the movement of the lot line to
accommodate the existing grave sites; and
WHEREAS, on June 12, 2013, the agent submitted a grant of area variance as issued
by the ZBA; and
WHEREAS, on August 26, 2013, the agent submitted a draft deed, a legal description
of the subject property and a certification sheet showing single and separate lots; and
WHEREAS, on September 23, 2013, the Planning Board found the application
complete with items to be submitted; and
WHEREAS, on October 7, 2013, referrals were sent out to all applicable agencies; and
WHEREAS, on October 9, 2013, the Planning Board set the public hearing; and
WHEREAS, on October 25, 2013, the Suffolk County Planning Commission responded
to the referral stating that "the application is considered a matter of local determination';
and
WHEREAS, on November 1, 2013, the Local Waterfront Revitalization Coordinator
found the application exempt from the Local Waterfront Revitalization Program; and
Southold Town Planning Board Page Twenty-Seven December 16, 2013
WHEREAS, on November 4, 2013, the Planning Board held open the Public Hearing
due to the fact that proof could not be provided that the public hearing was noticed; and
WHEREAS, on November 18, 2013, the Planning Board reviewed and accepted the
following:
1. All referral responses;
2. All documents as required at the September 26, 2013 Work Session;
3. The proposed covenant and restriction language; and
WHEREAS, on December 13, 2013, the agent submitted proof that the required
covenant and restriction had been filed with the Suffolk County Clerk Liber D00012756
and Page 391; and
WHEREAS, on December 16, 2013, the Planning Board held and closed the public
hearing; and
WHEREAS, the Southold Town Planning Board, pursuant to Town Code §240-56,
Waivers of Certain Provisions, may waive certain elements of the subdivision review if
in its judgment they are not requisite in the interest of the public health, safety and
general welfare. After reviewing the information submitted for this application, the
Planning Board has determined that it is eligible for a waiver of the Environmental
Resources Site Analysis Plan (ERSAP), the Primary and Secondary Conservation Area
Plan, the public hearing, and the Sketch Plan and Preliminary Plat steps of the
subdivision process for the following reasons:
1. No new lots are being created;
2. No changes will occur as a result of this lot line change that would adversely
affect the character of the neighborhood; and
WHEREAS, the Planning Board performed an uncoordinated review of this Unlisted
Action pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental
Quality Review Act (SEQRA); and
WHEREAS, pursuant to the Lot Line Modification Policy set by the Planning Board in
February 2011, this application is eligible for decision from the Planning Board prior to
receiving approval by the Suffolk County Department of Health Services (SCDHS) as it
meets the following criterion set forth in that policy:
• Where no new development potential will be created in the parcel to which the
land is transferred; and
Southold Town Planninq Board Page Twenty-Eight December 16, 2013
WHEREAS, on December 16, 2013, at their Work Session, the Planning Board
determined that the proposed action meets all the necessary requirements of Town
Code §240-57 for a Lot Line Modification; be it therefore
RESOLVED, that the Planning Board, pursuant to SEQRA, hereby makes a
determination of non-significance for the proposed Lot Line Modification 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 Planning Board hereby waives the
requirements of Town Code §240 to submit the ERSAP, Primary and Secondary
Conservation Plans, Sketch Plan and Preliminary Plat steps;
James Rich: 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 Planning Board hereby waives the
requirement for SCDHS approval prior to Planning Board approval of this lot line
modification;
James Rich: 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 Final Approval on the maps entitled "Lot Line Modification Situate: Cutchogue"
Southold Town Planning Board Page Twenty-Nine December 16, 2013
prepared by John C. Ehlers, Land Surveyor dated November 25, 2013, and authorizes
the Chairman to endorse the map.
James Rich: Second.
Donald Wilcenski: Motion made and seconded. Any discussion? All in favor?
Ayes.
Donald Wilcenski: Motion carries.
PUBLIC HEARINGS
4:30 p.m. — Fohrkolb, Andrew - This proposal is for a standard subdivision of a 5.9-
acre parcel into two lots where Lot 1 equals 1.5 acres and Lot 2 equals 4.4 acres,
located in the R-40 Zoning District. The property is located at 1050 Greton Court at the
end of Greton Court and Maple Avenue, approximately 710' e/o Grand Avenue in
Mattituck. SCTM#1000-107-3-2
Donald Wilcenski: At this time I will ask anyone from the audience if they would like to
address the Board on this application, please step forward to one of the microphones,
state and write your name for the record.
Anthony Trezza on behalf of the applicant: I have been before the Board on this
application; you are familiar with it. I am here to answer any questions that the public
has or any questions that the Board has.
Donald Wilcenski: At this time I would like to see if anybody from the Board or Staff
has any questions for Mr. Trezza with regard to the Fohrkolb application.
James Rich: None.
Donald Wilcenski: Would anybody from the audience like to address the Board? Yes,
please. Step to the microphone, state and write your name.
Barbara Schnitzler, 200 Old Harbor Road, New Suffolk: I am here to read a letter on
behalf of John and Maggie Marra, 4015 Wickham Avenue, Mattituck:
"While we have no problem with the applicants creating two lots where one formerly
existed, we have concerns that the consequence of building two houses will be a
significant reduction in the number of trees remaining after construction and
landscaping of two residences.
Southold Town Planning Board Page Thirty December 16. 2013
"We have already watched construction of a large house, then later illegal clearing for
open lawns and landscaping and, finally, clearing for a pool across the creek from our
property. We fear this new property subdivision (development) will negatively affect
water quality of the creek and its wetland habitat as well as scenic values. So we would
ask as a condition of your approval that the applicants landscape plans be submitted
and monitored during and after construction. We appreciate your diligence in protecting
Southold's open spaces. Sincerely, John and Maggie Marra"
I don't know if I can answer questions because I am speaking on their behalf.
Donald Wilcenski: OK, thank you. We can put that into the record if you'd like to leave
a copy of that letter or send a copy of the letter. Anthony, do you have any response?
Anthony Trezza: Just to remind the Board here we have an active right with the yield to
subdivide into four lots, but we are reducing it to two. We are talking about a density
increase of only one. So, I would submit to the Board that the potential four lots would
have greater impact on the water quality and aesthetics than a two lot subdivision. I
believe your subdivision regulations account for clearing restriction; correct me if I am
wrong, Mark. So there would be clearing restrictions that would be covenanted on this
property. As for a landscaping plan, we don't have any plans right now to do anything.
So, I can't give a landscaping plan; it's just not possible. We don't have any plans for
the property at this point. So, I would ask that it not be a requirement. And simply put
in your covenants requirements what you normally do about clearing restrictions.
Donald Wilcenski: Thank you. I think Mr. Trezza did cover that; we do have clearing
restrictions and buffers within the subdivision process.
Barbara Schnitzler: How are the covenants enforced? Is it during the building
process? How is it supervised?
Donald Wilcenski: We have a Code Enforcement Officer now in the Town and it's
mostly enforced by complaints. It's complaint-driven. That's my best answer.
Barbara Schnitzler: So, it's usually after.
Mark Terry: But during construction. In the Covenants & Restrictions, the Board
sometimes requires that the property be staked where the clearing limits begin and end.
That is a good way going forward so the equipment doesn't clear the whole lot.
Barbara Schnitzler: Right. Such a large proportion of this lot is wetlands; I think that
was the concern.
Southold Town Planning Board Page Thirty-One December 16, 2013
Mark Terry: They cannot clear within 100' of wetlands.
Donald Wilcenski: I'd like to also echo Mr. Trezza's comment with regard to Mr.
Fohrkolb's diligence in dropping the subdivision down to only two lots. I think he is
doing the right thing. But please submit that letter for the record and we will have that in
the file.
Barbara Schnitzler: OK. Thank you.
Donald Wilcenski: Thank you. Would anybody else like to address the Board on
Andrew Fohrkolb? Anybody from the Board or staff have any questions? Hearing none;
James Rich: I'll make a motion to close the hearing.
William Cremers: Second.
Donald Wilcenski: Motion made to close this hearing and seconded. Any discussion?
All in favor?
Ayes.
Donald Wilcenski: Motion carries. Thank you.
4_:32 p.m. — Cutchogue Business Center - This application is for a standard
subdivision of a 6.10-acre parcel into five lots where Lot 1 equals 1.29 acres; Lot 2
equals 0.92 acres; Lot 3 equals 1.47 acres; Lot 4 equals 0.92 acres; and Lot 5 equals
1.06 acres. In conjunction with the proposed subdivision, an amended site plan is
proposed to include an existing 12,072 sq. ft. multi-use warehouse with 25 parking
stalls: including 1 ADA on 1.3 acres. The property is located at 12820 Oregon Road on
the corner of Cox Lane & Oregon Road in Cutchogue. SCTM#1000-83-3-4.6
Donald Wilcenski: At this time I will ask anybody from the audience if they would like to
address the Board on this application, please step forward to one of the microphones,
state and write your name for the record.
Martin Sidor: Have the record show that I will recuse myself from this application.
Donald Wilcenski: Would anybody from the audience like to address the Board on this
application? Does staff or any Board member have any comments for this public
hearing? Hearing and seeing none......
Southold Town Planning Board Page Thirty-Two December 16, 2013
James Rich: I'll make a motion to close the hearing.
William Cremers: Second.
Donald Wilcenski: Motion made and seconded. Any discussion? All in favor?
James Rich, William Cremers, Pierce Rafferty, Donald Wilcenski: Ayes.
Donald Wilcenski: Motion carries. Thank you.
OTHER
Authorization of request for Zoning Board of Appeals interpretation of Chapter 280-
13(4) with respect to permitted uses at wineries.
William Cremers: Be it RESOLVED, that the Planning Board at its meeting on 8/19/13,
authorized the Chairman to issue a letter to the Zoning Board of Appeals dated 8/28/13
requesting an interpretation of Chapter 280-13 (4) with respect to permitted uses at
wineries and hereby ratifies the issuance of said letter.
Martin Sidor: Second.
Donald Wilcenski: Motion made and seconded. Any discussion? All in favor?
Ayes.
Donald Wilcenski: Motion carries.
APPROVAL OF PLANNING BOARD MINUTES
Donald Wilcenski: The last order of business is approval of the Planning Board
minutes of November 4, 2013.
James Rich: So moved.
William Cremers: Second.
Donald Wilcenski: Motion made and seconded. Any discussion? All in favor?
Southold Town Planning Board Page Thirty-Three December 16, 2013
Ayes.
Donald Wilcenski: Motion carries. I need a motion for adjournment.
Martin Sidor: So moved.
James Rich: Second.
Donald Wilcenski: Motion made and seconded. All in favor?
Ayes.
Donald Wilcenski: Motion carries. Merry Christmas, Happy Holidays,Happy New Year.
There being no further business to come before the meeting, it was ADJOURNED at
4:58 p.m.
Respectfully submitted,
0 )�— 0.
Linda Randolph, ranscribin ecretary
RECEIVED
Donald J. Wilcenski, Chair P '? ,fait
JAN 1 4 2014
SoZ old