HomeMy WebLinkAboutPBA-02/10/2014
MAILING ADDRESS:
PLANNING BOARD MEMBERS hO~ OF SOU O/- P.O. Box 1179
DONALD J. WILCENSKI ly Southold, NY 11971
Chair
OFFICE LOCATION:
WILLIAM J. CREMERS Town Hall Annex
PIERCE RAFFERTY 54375 State Route 25
JAMES H. RICH III ~ • ~O (cor. Main Rd. & Youngs Ave.)
MARTIN H. SIDOR zPjycoUlO'1,~
It1, Southold, NY
Telephone: 631 765-1935
Fax: 631 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD RECEIVED
FEB 1 2 2014
PUBLIC MEETING Southold-Town Clerk
AGENDA
February 10, 2014
4:30 p.m.
SETTING OF THE NEXT PLANNING BOARD MEETING
Board to set Monday, March 10, 2014 at 6:00 p.m. at the Southold Town Hall, Main
Road, Southold, as the time and place for the next regular Planning Board Meeting.
SET HEARINGS
Baxter. William J.. Jr. - This proposal is 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, Cutchogue. SCTM#1000-102-5-9.4
SUBDIVISIONS - FINAL DETERMINATIONS
Nickart Realty - This proposal is to subdivide a 34,896 sq. ft. parcel into two lots where
Lot 1 equals 17,438 sq. ft. and Lot 2 equals 17,438 sq. ft. in the R-40 Zoning District.
The property is located at 53400 CR 48, on the south side of CR 48, approximately 900
feet west of Bayberry Lane, in Southold. SCTM#1000-52-2-13
SITE PLAN DETERMINATIONS
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 northeast
corner of Main Street & Champlin Place, Greenport. SCTM#1000-34-3-22
Southold Town Planning Board Page Two February 10, 2014
PUBLIC HEARINGS
4:31 p.m. - Rzeszut, Solowsky & 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.
APPROVAL OF PLANNING BOARD MINUTES
Board to approve the minutes of: January 13, 2014.
MAILING ADDRESS:
PLANNING BOARD MEMBERS OF Sou P.O. Box 1179
DONALD J. WILCENSKI hO~~ TiyO~ Southold, NY 11971
Chair
OFFICE LOCATION:
WILLIAM J. CREMERS Town Hall Annex
PIERCE RAFFERTY CA iv 54375 State Route 25
JAMES H. RICH III. YOB (cor. Main Rd. & Youngs Ave.)
MARTIN H. SIDOR Southold, NY
111 ` Telephone: 631 765-1938
Fax: 631 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
February 11, 2014
Abigail Wickham, Esq.
13015 Main Road
P.O. Box 1424
Mattituck, NY 11952
Re: Set Preliminary Hearing: Proposed Standard Subdivision of William J. Baxter, Jr.
Located at 260 Griffing Street, Cutchogue
SCTM#'s1000-102-5-9.4 Zoning District: HB
Dear Ms. Wickham:
The Southold Town Planning Board adopted the following resolution at a meeting held
on Monday, February 10, 2014:
WHEREAS, 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; therefore, be it
RESOLVED, that the Southold Town Planning Board sets Monday, March 10, 2014 at
6:00 p.m. for a Preliminary Public Hearing upon the map entitled "Final Plat
Subdivision for William J. Baxter, Jr.", prepared by Nathan Taft Corwin III, Land
Surveyor, dated November 21, 2013.
Please refer to the enclosed copy of Chapter 55, Notice of Public Hearing, in regard to
the Town's notification procedure. The notification form is enclosed for your use. The
sign and the post will need to be picked up at the Planning Board Office, Southold Town
Annex. Please return the enclosed Affidavit of Posting along with the certified
mailing receipts AND the signed green return receipt cards before 12:00 noon on
Fridav March 7th The sign and the post need to be returned to the Planning
Board Office after the public hearing is closed.
William J. Baxter. Jr. Page Two February 11, 2013
If you have any questions regarding the information contained in this resolution, please
contact the Planning Board Office.
Very truly yours JJ
Donald J. Wilcenski
Chairman
Encls.
MAILING ADDRESS:
PLANNING BOARD MEMBERS P.O. Box 1179
DONALD J. WILCENSKI fjf S 0 Southold, NY 11971
Chair OFFICE LOCATION:
WILLIAM J. CREMERS Town Hall Annex
PIERCE RAFFERTY CP ~hc 54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
JAMES H. RICH III
MARTIN H. SIDOR OWN, Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
February 11, 2014
Patricia Moore, Esq.
51020 Main Road
Southold, New York 11971
Re: Final Plat Approval: Proposed Standard Subdivision of Nickart Realty
Located on the South side of CR 48, approximately 900 feet west of Bayberry
Lane, in Southold
SCTM#1000-52-2-13 Zoning District: R-40
Dear Ms. Moore:
The Southold Town Planning Board, at a meeting held on Monday, February 10, 2014,
adopted the following resolution:
WHEREAS, this proposal is for a standard subdivision to subdivide a 0.8011 -acre
parcel into two lots where Lot 1 equals 17,438 sq. ft. and Lot 2 equals 17,438 sq. ft. in
the R-40 Zoning District; and
WHEREAS, on December 16, 2013, the Planning Board, at their Work Session
reviewed the Final Plat Application and found that the following items must be submitted
before Final Plat Approval could be granted:
1 . Proof of filing the attached Covenants and Restrictions with the Office of the
Suffolk County Clerk.
2. Submission of an Administration Fee in the amount of $4,000.00 pursuant to
§240-37 of the Southold Town Code.
3. Submission of 4 mylars and 12 paper copies of the following maps endorsed by
the Department of Health Services:
• Page 1 "Final Plat for the Subdivision for Nickart Realty Corp.", dated
February 10, 1998 and last revised July 31, 2008
• Page 2 "Map of Part of Old Cove Boulevard as Widened and Improvement
Plan"; and
Nickart Realty Page Two February 11, 2014
WHEREAS, on January 31, 2014, the agent submitted all of the requested items; be it
therefore
RESOLVED, that in accordance with the September 18, 2013 Appellate Division
Second Department's decision in "the Matter of Nickart Realty Corp. v. Southold Town
Planning Board" (Index No. 29029/10), the Southold Town Planning Board hereby
grants Final Plat Approval upon the map prepared by John T. Metzger, L.S., dated
February 10, 1998 and last revised on July 31, 2008, entitled "Final Plat for the
Subdivision for Nickart Realty Corp" and authorizes the Chairman to endorse the map,
along with the plot plan entitled "Map of Part of Old Cove Boulevard as Widened and
Improvement Plan", dated October 22, 2009 and last revised November 16, 2009, to be
filed as a second page to the subdivision map.
If you have any questions regarding the information contained in this resolution, please
contact the Planning Board Office.
Very truly yours,
Donald J. Wilcenski
Chairman
Upon endorsement of the Final Plat by the Chairman, the mylars and paper prints
must be picked up at this office and the Final Plat filed with the Suffolk County
Clerk by the applicant within 62 days of the date of Final Plat Approval, or such
approval shall expire. Final Plat Approval shall be determined in accordance with
§276 of the New York State Town Law.
Final Plat is void if revised after approval. No changes, erasures, modification(s),
or revisions shall be made to any Final Plat after it has been approved by the
Planning Board, and such approval has been endorsed in writing on the plat,
unless the said plat is first re-submitted to the Planning Board and the Planning
Board approves any modifications. In the event that any such Final Plat is fried
without complying with this requirement, the same shall be considered null and
void, and the Planning Board shall institute proceedings to have the Final Plat
stricken from the records of the Suffolk County Clerk.
Encls.
cc: Assessors with map
Building Dept. with map
Town Attorney
MAILING ADDRESS:
PLANNING BOARD MEMBERS P.O. Box 1179
DONALD Chi LCENSKI OF SUSouthold, NY 11971
OFFICE LOCATION:
WILLIAM J. CREMERS Town Hall Annex
PIERCE RAFFERTY G Q 54375 State Route 25
JAMES H. RICH III (cor. Main Rd. & Youngs Ave.)
MARTIN H. S1DOR `,0Southold, NY
ulr 1' Telephone: 631 765-1938
Fax: 631 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
February 11, 2014
Michael D. Solomon, Esq.
2950 Hempstead Turnpike
Levittown, NY 11756
Re: Approval for the Proposed Site Plan for Brostar, LLC (Spanos)
1100 Main Street, N/E corner of Main Street & Champlin Place, Greenport
SCTM#1000-34-3-22 Zoning District: R-40
Dear Mr. Solomon:
The following resolutions were adopted at a meeting of the Southold Town Planning
Board on February 10, 2014:
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; and
WHEREAS, on August 18, 2011, the Southold Town Zoning Board of Appeals (ZBA)
reviewed the subject site pursuant to §280-121(C) of the Town Code, as a change in
the nonconforming use of a building. The ZBA subsequently approved such change of
use as recorded in their File #6463 with.the following conditions:
1. The Applicant's convenience store accessory use is subject to Town Planning
Board Site Plan Approval and the applicant must submit an application and
obtain approval within two (2) years of this decision. The Applicant's failure to
comply with this condition will render this decision null and void.
2. Maximum current gross floor area of the store shall not be expanded and the
use may become part of its pre-existing non-conforming use of the property.
As such any further change in use or expansion of use will cause the property
owner to lose its pre-existing non-conforming status.
3. The definition of convenience store as it presently exists in Chapter 280 will
apply to this store. CONVENIENCE STORE - a retail store generally less
than 5,000 square feet that is designed and stocked to sell pre-packaged food
items, beverages, periodicals and household goods for off-premises
consumption.
Brostar, LLC Page Two February 11, 2014
4. The Applicant will secure and maintain an up-to-date status for any and all
other necessary permits from Town, County, and State regulatory agencies
that are required for the valid continuation of the convenience store accessory
use; and
WHEREAS, on December 26, 2012, James Spanos, the owner, submitted an
application for site plan review; and
WHEREAS, on January 28, 2013, the Planning Board reviewed the application and
determined it incomplete, requiring further information and revisions to the site plan; and
WHEREAS, on July 31, 2013, the Planning Board notified the applicant that the
application remained incomplete; and
WHEREAS, on August 17, 2013, ZBA File #6463 expired for the subject site and a six
(6) month extension (August 17, 2013 - February 17, 2014) to obtain Site Plan Approval
was granted by the ZBA; and
WHEREAS, on October 7, 2013, the Planning Board reviewed the application and
determined it remained incomplete; and
WHEREAS, on October 15, 2013, the Planning Board received a letter from Joseph
Fischetti, Jr., P.E., certifying the subsurface sanitary system comprising of two (2) 8-foot
diameter leaching pools in operating order and providing service to the existing lavatory;
and
WHEREAS, on November 18, 2013, the Planning Board reviewed the application and
found it complete for review with further information to be submitted immediately; and
WHEREAS, on December 3, 2013, the Applicant provided the required information to
this Department and the Board formally accepted the application for review; and
WHEREAS, on December 4, 2013, the Planning Board, pursuant to Southold Town
Code §280-131 C., distributed the application to the required agencies for their
comments; and
WHEREAS, on December 17, 2013, the Southold Town Engineer reviewed the above-
referenced application and determined that the existing drainage meets the minimum
requirements of Chapter 236 for Storm Water Management; and
WHEREAS, on January 2, 2014, the Greenport Fire District determined there was
adequate fire protection for the site; and
WHEREAS, on January 13, 2014, a public hearing was held and closed; and
WHEREAS, on January 16, 2014, the Southold Town Fire Inspector reviewed and
determined that there was adequate fire protection and emergency access for the site;
and
Brostar, LLC Page Three February 11, 2014
WHEREAS, on January 23, 2014, 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 January 27, 2014, 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; and
WHEREAS, on February 10, 2014, the Southold Town Chief Building Inspector
reviewed and permitted the use of a convenience store in this R-40 zoning district
pursuant to ZBA Decision File #6463. In their decision, the Zoning Board of Appeals
allowed the change from one non-conforming use to a similar non-conforming use to
continue pursuant to §280-121 C; therefore, be it
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; and be it further
RESOLVED, that the Southold Town Planning Board grants Approval to the site plan
entitled "BROSTAR, LLC", prepared by Allan Glenn Bernhard, P.E., dated July 13,
2012, last revised October 16, 2013, received by the Planning Board December 3, 2013
and authorizes the Chairman to endorse the site plan with the following three (3)
conditions:
Conditions:
1. On or before July 10, 2014, the Applicant shall complete the following:
a. Remove the existing storage trailer on site as it poses safety
concerns pursuant to §100: BUILDINGS, UNSAFE; PROPERTY
MAINTENANCE.
b. Install a traffic-bearing cover or attachment over the fuel reservoir fill
pipe that is at or near grade to allow vehicles to be able to drive over
it. The design, engineering and permitting, if necessary, of this cover
to be determined by the regulations of relevant agencies. Currently
there is a raised cover and traffic cone located at this location, which
creates a traffic circulation problem by blocking safe ingress and
egress to the site. This condition is to ensure that patrons can safely
maneuver over and around the fuel fill(s).
c. Complete all proposed on-site landscaping to mitigate the existing
commercial uses on site from the adjacent residential properties.
2. Site Plan Approval will be considered null and void if the above conditions
are not completed on or before July 10, 2014.
Brostar, LLC Page Four February 11, 2014
3. Failure to complete the above conditions of the Site Plan Approval by July
10, 2014 will constitute a failure to meet the ZBA's Findings and
Determinations.
Please also note the following requirements in the Southold Town Code relating to site
plans:
1. Any outdoor lighting shall be shielded so the light source is not visible from
adjacent properties and roadways. Lighting fixtures shall focus and direct the
light in such a manner as to contain the light and glare within property
boundaries.
2. All storm water run-off from grading, driveways and gravel areas must be
contained on site.
3. Proposed storm water run-off containment systems must be inspected by the
Town Engineer at the time of installation. Please call the Southold Town
Engineer prior to beginning this work.
4. Approved Site Plans are valid for eighteen (18) months from the date of
approval, within which time all proposed work must be completed, unless the
Planning Board grants an extension.
5. Any changes from the Approved Site Plan shall require Planning Board
approval.
6. Prior to the issuance of a Certificate of Occupancy, the Planning Board must
inspect the site to ensure it is in conformity with the Approved Site Plan, and
issue a final site inspection approval letter. Should the site be found not in
conformance with the Approved Site Plan, no Certificate of Occupancy may
be issued unless the Planning Board approves the changes to the plan.
If you have any questions regarding the above, please contact this office.
Very truly yours,
Donald J. Wilcenski
Chairman
Encl.
cc: Building Dept. w/map
Town Engineer w/map
MAILING ADDRESS:
PLANNING BOARD MEMBERS P.O. Box 1179
DONALD J. WILCENSRI 0~ SOUjy49 Southold, NY 11971
Chair
OFFICE LOCATION:
WILLIAM J. CREMERS Town Hall Annex
PIERCE RAFFERTY G Q 54375 State Route 25
JAMES H. RICH III (cor. Main Rd. & Youngs Ave.)
MARTIN H. SIDOR - V4/1- lVi'1,~ Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
February 11, 2014
Mr. Joseph Rzeszut
251 Beebe Road
Mineola, New York 11501
Re: Close Hearing: Proposed Lot Line Modification for Rzeszut, Solowsky & Brown
Located on the sw/s/o Leeward Drive, approximately 945' n/o Bayview Road, in
Southold
SCTM#'s1000-79-7-43.3, 44 & 45 Zoning District: R-40
Dear Mr. Rzeszut:
A Public Hearing was held by the Southold Town Planning Board on Monday, February
10, 2014 regarding the above-referenced Lot Line Modification.
The public hearing was closed.
If you have any questions regarding the above, please contact this office.
Very truly yours,
t46~
Donald J. Wilcenski
Chairman