HomeMy WebLinkAboutPB-01/13/2014
MAILING ADDRESS:
PLANNING BOARD MEMBERS P.O. Box 1179
DONALD J. WILCENSKI ti~~~OF SOUTyolo Southold, NY 11971
Chair
OFFICE LOCATION:
WILLIAM J. CREMERS Town Hall Annex
PIERCE RAFFERTY G 54375 State Route 25
JAMES H. RICH III 441Q
(cor. Main Rd. & Youngs Ave.)
MARTIN H. SIDOR Collin Southold, NY
111, Telephone: 631 765-1938
Fax: 631 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
PUBLIC MEETING MINUTES
Monday, January 13, 2014
4:30 p.m.
Present were: Donald J. Wilcenski, Chair RECEIVED "
William J. Cremers, Member
Pierce Rafferty, Member
James H. Rich III, Vice Chairperson F E B 1 1 2014 Q 9:ao 64R
Martin H. Sidor, Member
Heather Lanza, Planning Director Southold Town Clerk
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 January 13, 2014 Southold Town Planning Board Public Meeting. The first
order of business is to set Monday, February 10, 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.
William Cremers: Second.
Donald Wilcenski: Motion made and seconded. All in favor?
Ayes.
Donald Wilcenski: Motion carries.
Southold Town Planning Board Pape Two January 13, 2014
SET HEARINGS
Rzeszut, Solowskv & Brown - This proposed Lot Line Modification transfers 1.1 acres
from SCTM#1000-79-7-44 to SCTM#1000-79-7-43.3 and SCTM#1000-79-7-45.
SCTM#1000-79-7-44 will decrease in size from 1.1 acres to 0.00 acres; SCTM#1000-
79-7-44.3 will increase from 1.2 acres to 1.8 acres; and SCTM#1000-79-7-45 will
increase from 1.1 acres to 1.6 acres. The property is located at 1720, 1820 & 1930
Leeward Drive on the s/w/s/o Leeward Drive, approximately 945' n/o Bayview Road in
Southold.
Pierce Rafferty: Mr. Chairman, I would like to offer the following resolution:
WHEREAS, this proposed Lot Line Modification transfers 1.1 acres from SCTM#1000-
79-7-44 to SCTM#1000-79-7-43.3 and SCTM#1000-79-7-45. SCTM#1000-79-7-44 will
decrease in size from 1.1 acres to 0.00 acres; SCTM#1000-79-7-44.3 will increase from
1.2 acres to 1.8 acres; and SCTM#1000-79-7-45 will increase from 1.1 acres to 1.6
acres; be it therefore
RESOLVED, that the Southold Town Planning Board sets Monday, February 10, 2014
at 4:31 p.m. for a public hearing upon the map entitled "Re-subdivision Map Peter
Solowsky & Joseph J. Rzeszut, Jr." prepared by Howard Young, Land Surveyor, dated
December 3, 2013.
William Cremers: Second.
Donald Wilcenski: Motion made and seconded. Any discussion? All in favor?
Ayes.
Donald Wilcenski: Motion carries.
SUBDIVISIONS - FINAL DETERMINATIONS
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 purposes
of establishing yield. The property is located at 500 & 1540 Kerwin Boulevard, on the
w/s/o Kerwin Boulevard, approximately 575' w/o August Lane in Greenport.
SCTM#1000-53-4-44.1 & 44.3
Southold Town Planning Board Page Three January 13, 2014
James Rich: Mr. Chairman, I will offer the following:
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 purposes of establishing
yield; and
WHEREAS, on July 13, 2009, the Southold Town Planning Board granted Conditional
Preliminary Approval on the plat prepared by Jeffrey T. Butler, P.E., dated November 9,
2005 and last revised January 24, 2008, subject to six (6) conditions; and
WHEREAS, on October 27, 2009, the agent submitted revised maps for review; and
WHEREAS, on January 14, 2010, Conditional Preliminary Plat had expired; and
WHEREAS, on May 24, 2010, the agent submitted a Final Plat Application, a check for
the Filing Fee, 12 paper prints, and a copy of the Covenants and Restrictions; and
WHEREAS, on March 14, 2011, the Planning Board reviewed the draft Conservation
Easement at their Work Session; and
WHEREAS, on March 23, 2011, the Office of the Town Engineer responded to a
Planning Board referral request with a recommendation that the Board not accept
SCTM#1000-53-4-44.3 for dedication to the Town in lieu of the required Park and
Playground Fee; and
WHEREAS, on April 11, 2011, the Planning Board reviewed and determined the Open
Space uses; and
WHEREAS, on April 22, 2011, the Open Space Conservation Easement was sent to
the applicant which included all Open Space uses as decided by the Planning Board;
and
WHEREAS, on December 13, 2011, the agent submitted 2 sets of subdivision plans for
Conkling Point Estates for review; and
WHEREAS, on January 9, 2012, the Planning Board reviewed the Final Plat Application
and requested additional items to be submitted; and
WHEREAS, on April 26, 2013, the applicant submitted Schedule A and Schedule B for
the Conking Point Estates Open Space Easement Agreement as requested; and
Southold Town Planninq Board Page Four January 13, 2014
WHEREAS, on May 6, 2013, the agent submitted a revised Final Plat which included
proposed drainage; and
WHEREAS, on May 9, 2013, a referral was sent to the Office of the Town Engineer;
and
WHEREAS, on May 6, 2013, the Planning Board reviewed the application at their Work
Session and the Planning Board accepted the required schedules and exhibits for the
Open Space Conservation Easement and the Covenants & Restrictions. The Board
also requested 12 revised paper copies of the Final Plat with revisions; and
WHEREAS, on August 5, 2013, the Planning Board, at their Public Meeting, set the
Final Public Hearing; and
WHEREAS, on September 10, 2013, the Planning Board, at their Public Meeting, held
and closed the Final Public Hearing; and
WHEREAS, on September 17, 2013, the Office of the Town Engineer sent a letter to
the Planning Board stating that the proposed drainage as previously approved was not
acceptable as shown because of High Powered Electrical Conduits running within the
shoulder area of Kerwin Boulevard. Instead, a Drainage Easement located between
Lots 1 & 2 adjacent to Kerwin Boulevard was required; and
WHEREAS, on September 23, 2013, the Office of the Town Engineer prepared a draft
Bond Estimate; and
WHEREAS, on September 23, 2013, the Planning Board, at their Work Session,
reviewed the Drainage Easement to be located between Lots 1 & 2 and accepted the
proposed drainage area; and
WHEREAS, on September 24, 2013, an e-mail was sent to the applicant to determine
the ownership of the Subdivision Open Space; and
WHEREAS, on September 26, 2013, the Planning Board reviewed the application at
their Work Session and agreed that SCTM#1000-53-4-44.3 should be dedicated to the
Town for drainage purposes; and
WHEREAS, on October 2, 2013, the Office of the Town Engineer sent a letter to the
Planning Board that stated that the Road and Drainage Plan with the revision date of
9/30/13 met the minimum requirements of Chapter 236 for Storm Water Management
and is considered satisfactory; and
Southold Town Planning Board Page Five January 13, 2014
WHEREAS, on October 7, 2013, a referral was sent to the Highway Superintendent to
review the draft Bond Estimate; and
WHEREAS, on October 7, 2013, the Highway Superintendent approved the Bond
Estimate with the stipulation that the street trees depicted on the site plan must be
planted on the four building lots and not in the Town of Southold's Right-of-Way; and
WHEREAS, on October 8, 2013, the Planning Board approved the draft Bond Estimate
and recommended the same to the Town Board; and
WHEREAS, on November 12, 2013, the applicant submitted a Performance Bond
Guarantee (Site Improvement Bond), Bond Number 61831455 issued by Western
Surety Company; and
WHEREAS, on November 20, 2013, the Southold Town Board (Resolution Number
2013-832) accepted the Site Improvement Bond; and
WHEREAS, on November 25, 2013, the agent submitted 2 sets of the requested
revised plans; and
WHEREAS, on December 11, 2013, the agent submitted final revised copies of the
Open Space Conservation Easement, Grant of Drainage Easement, & documents for
parcel dedication; and
WHEREAS, on December 16, 2013, the Planning Board, at their Work Session
reviewed the Declaration of Covenants and Restrictions, Grant of Drainage Easement
and Open Space Conservation Easement. The Board also required items to be
submitted before final approval could be issued; and
WHEREAS, on December 16, 2013, the Planning Board, at their Public Meeting,
approved the Declaration of Covenants and Restrictions, Grant of Drainage Easement
and Open Space Conservation Easement and recommended the same to the Town
Board; and
WHEREAS, on December 17, 2013, the Southold Town Board at their Public Meeting,
approved (Resolution 2013-884) the Grant of Drainage Easement, Open Space
Conservation Easement and, pursuant to Resolution 2013-885, accepted the dedication
and conveyance, to the Town of Southold of SCTM#1000-53-4-44.3; and
WHEREAS, on January 6, 2014, the applicant submitted the required Park and
Playground Fee pursuant to §240-53 (G) in the amount of $21,000.00 and the required
Administration Fee pursuant to §240-37 in the amount of $8,000.00; and
Southold Town Planning Board Page Six January 13, 2014
WHEREAS, on January 13, 2014, the applicant submitted 12 paper maps and 4 mylars
endorsed by the Suffolk County Department of Health Services; and
WHEREAS, on January 13, 2014, the applicant submitted copies of the approved
Covenants and Restrictions Liber D00012759 and Page 958, Grant of Drainage
Easement Liber D00012759 and Page 956 and Open Space Conservation Easement
Liber D00012759 and Page 957 filed with the Suffolk County Clerk; and
WHEREAS, Article XI Cluster Development grants authority to the Planning Board to
create clustered subdivisions; and
WHEREAS, the lots in this subdivision were clustered according to the requirements of
Article XI, and this resulted in the creation of four residential lots and an area of open
space, for which the natural and scenic qualities must be preserved; and
WHEREAS, pursuant to §240- 44 A. Ownership, the Planning Board must require that
fee title to the parcel of Open Space be conveyed to one of the following:
1. The Town of Southold or other governmental unit or authority; or
2. Homeowners' Association; or
3. Non-common private ownership where the Open Space is included within one of
the subdivision lots and is used for agriculture; or
4. A private conservation corporation or land trust; and
WHEREAS, Option Number Three above restricts the non-common private ownership
of Open Space to those that are to be used for agriculture; and
WHEREAS, due to its environmental sensitivity and small size, the Open Space Area
will not be used for agriculture; and
WHEREAS, the Southold Town Planning Board pursuant to §240-56 of the Town Code,
has the authority to waive certain requirements in the subdivision review process; and
WHEREAS, the Planning Board has agreed to waive a portion of §240-44 A(3) which
requires that non-common ownership of Subdivision Open Space be allowed only for
agricultural lots. The waiver allows the non-agricultural Open Space to be owned by and
incorporated into one of the subdivision lots rather than be in common ownership. This
waiver is being granted for this subdivision for the following reasons:
1. This standard subdivision consists of no more than four (4) buildable lots located
on Kerwin Boulevard.
Southold Town Planning Board Page Seven January 13, 2014
2. The Planning Board has determined that the lots are best located along the
existing road, and no private road will be created as a result of the subdivision.
3. There are no other commonly-owned amenities (drainage features, etc.) being
created as a result of the subdivision, and no other reason to create a
Homeowners' Association.
4. There was no other eligible government or non-profit agency willing to take
ownership of this Open Space Area; and
WHEREAS, all conditions of Conditional Preliminary Plat Approval and all requirements
of Final Plat pursuant to §240-21 Technical Requirements have been met; be it
therefore
RESOLVED, that the Planning Board hereby waives the requirement of Town Code
§240-44 A.(3) which requires that non-common ownership of Subdivision Open Space
be allowed only for agricultural lots;
Martin Sidor: Second.
Donald Wilcenski: Motion made and seconded. Any discussion? All in favor?
Ayes.
Donald Wilcenski: Motion carries.
James Rich: and be it further RESOLVED, that the Southold Town Planning Board
hereby grants Final Plat Approval upon the map prepared by Jeffery T. Butler, P. E.,
P.C. entitled "Final Plat for the Clustered Standard Subdivision of Conkling Point
Estates" dated December 10, 2007 and last revised December 5, 2013, 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.
Southold Town Planning Board Page Eight January 13, 2014
APPROVAL EXTENSIONS
Bayberry Estates - This proposal is for a Standard Subdivision of a 50.1-acre parcel
into 18 lots and two (2) open space parcels, where the lots range in size from 28,235
square feet to 36,400 square feet, with the open space parcels totaling 35 acres,
excluding the wetlands in the R-80 Zoning District. The property is located on the west
side of Laurel Avenue, approximately 150 feet south of Yennecott Drive in Southold.
SCTM#1000-55-6-35, 55-6-36, 56-1-1
Martin Sidor: WHEREAS, this proposal is for a standard subdivision of a 50.1-acre
parcel into 18 lots and 2 open space parcels where the lots range in size from 28,235
square feet to 36,400 square feet with the open space parcels totaling 35 acres,
excluding the wetlands, in the R-80 Zoning District; and
WHEREAS, on September 9, 2013, the Southold Town Planning Board granted an
Extension of Conditional Final Plat Approval for a period of 90 days, through to
December 18, 2013, upon the Final Subdivision Plat entitled "Clustered Subdivision of
Bayberry Estates - Final Plat", prepared by Howard W. Young, L.S., dated July 12,
2011 and last revised on November 19, 2012. This approval is conditioned upon the
successful submission and acceptance of 8 items/conditions; and
WHEREAS, on December 16, 2013, the agent requested that Conditional Final
Approval be extended for a period of 90 days to allow for adequate time to complete all
the conditions set forth in Conditional Final Approval; and
WHEREAS, on December 18, 2013, the Extension of Conditional Final Plat Approval
expired; be it therefore
RESOLVED, that the Southold Town Planning Board hereby grants an Extension of
Conditional Final Plat Approval for a period of 90 days through to March 18, 2014
upon the Final Subdivision Plat entitled "Clustered Subdivision of Bayberry Estates -
Final Plat" prepared by Howard W. Young, L.S., dated July 12, 2011 and last revised on
November 19, 2012. This approval is conditioned upon the successful submission and
acceptance of 8 items/conditions.
William Cremers: Second.
Donald Wilcenski: Motion made and seconded. Any discussion? All in favor?
Ayes.
Donald Wilcenski: Motion carries.
Southold Town Planning Board Page Nine January 13. 2014
Rand, Bi4ht Road, LLC - This proposed Lot Line Change will transfer 0.15 acres from
SCTM#1000-14-02-11.4 & 11.6 to SCTM#1000-14-02-11.5. Lot 11.5 will increase from
1.14 acres to 1.30 acres. Lot 11.4 will decrease from 1 acre to 0.92 acres, and Lot 11.6
will decrease from 0.99 acres to 0.92 acres located in the R-40 Zoning District. The
property is located on the w/s/o Bight Road, approximately 11' s/o Petty's Drive, Orient.
William Cremers: WHEREAS, this proposed Lot Line Change will transfer 0.15 acres
from SCTM#1000-14-02-11.4 & 11.6 to SCTM#1000-14-02-11.5. Lot 11.5 will increase
from 1.14 acres to 1.30 acres. Lot 11.4 will decrease from 1 acre to 0.92 acres, and
Lot 11.6 will decrease from 0.99 acres to 0.92 acres located in the R-40 Zoning District,
and
WHEREAS, on November 4, 2013 the Southold Town Planning Board granted Final
Plat Approval on the maps entitled "Re-Subdivision (Lot Line Modification Plan)"
prepared by Garrett A. Strang, Architect, dated June 19, 2013, and authorized the
Chairman to endorse the map; and
WHEREAS, on December 18, 2013, the agent submitted a request for an Extension of
Final Plat Approval due to delays in receiving the recorded documents from the Office
of the Suffolk County Clerk; and
WHEREAS, on January 5, 2014, Final Approval expired; be it therefore
RESOLVED, that the Southold Town Planning Board grants a 62-day Extension of
Final Plat Approval through March 8, 2014 on the maps entitled "Re-Subdivision (Lot
Line Modification Plan)" prepared by Garrett A. Strang, Architect, dated June 19, 2013.
Martin Sidor: Second.
Donald Wilcenski: Motion made and seconded. Any discussion? All in favor?
Ayes.
Donald Wilcenski: Motion carries.
Southold Town Planning Board Page Ten January 13. 2014
PUBLIC HEARINGS
4:31 p.m. - 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 (aka 330 Main Street), on
the We corner of Main Street & Champlin Place in Greenport. SCTM#1000-34-3-22
Donald Wilcenski: At this time I will ask anyone from the audience if they would like to
address the Board on behalf of this public hearing for Brostar, LLC. Please step
forward to one of the podiums, state and write your name for the record. Anybody from
the audience? Going once...... Does anybody from the Planning Board have any input
to this public hearing? 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.
POLICIES -ownership of subdivision open space
Donald Wilcenski: I need a motion to table the Policies for the ownership of subdivision
open space.
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 Planning Board Page Eleven January 13, 2014
APPROVAL OF PLANNING BOARD MINUTES
Donald Wilcenski: I need a motion for approval of the Planning Board minutes of
December 16, 2013.
William Cremers: So moved.
Martin Sidor: Second.
Donald Wilcenski: Motion made and seconded. Any discussion? All in favor?
Ayes.
Donald Wilcenski: Motion carries.
Donald Wilcenski: I need a motion for adjournment.
William Cremers: So moved.
James Rich: Second.
Donald Wilcenski: Motion made and seconded. All in favor?
Ayes.
Donald Wilcenski: Motion carries. Have a good evening.
There being no further business to come before the meeting, it was ADJOURNED at
4:38 p.m.
RECEIVED ' Respectfully submitted,
F E B 1 1 2014 ea'• ao r.r+o czt
Southold Town Clerk Linda Randolph, nscribing ecretary
Donald J. Wilcenski, Chair