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Home My WebLink AboutPB-02/10/2014 MAILING ADDRESS: PLANNING BOARD MEMBERS pf S0 P.O. Box 1179 DONALD J. WILCENSKI ~0`i` Old Southold, NY 11971 Chair 41 OFFICE LOCATION: WILLIAM J. CREMERS Town Hall Annex C40 _-*w PIERCE RAFFERTY ' 54375 State Route 25 JAMES H. RICH III (cor. Main Rd. & Youngs Ave.) MARTIN H. SIDOR y~'oU.rtV Southold, NY I1 Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD PUBLIC MEETING MINUTES RECEIVED' Monday, February 10, 2014 ?S 0q & 4:30 p.m. MAR 1 2 2014 Present were: Donald J. Wilcenski, Chair S4thold Towh Clerk Pierce Rafferty, Member James H. Rich III, Vice Chairperson Martin H. Sidor, Member 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 February 10, 2014 Southold Town Planning Board Public Meeting. The first order of business is 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 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 Pape Two February 10, 2014 SET HEARINGS 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, Cutchogue. SCTM#1000-102-5-9.4 Pierce Rafferty: Mr. Chairman, I would like to offer the following resolution: 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; be it therefore 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. James Rich: Second. Donald Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Donald Wilcenski: Motion carries. 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 s/s/o of CR 48, approximately 900' w/o Bayberry Lane in Southold. SCTM#1000-52-2-13 James Rich: Mr. Chairman, I will offer the following: 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 Southold Town Planning Board Page Three February 10. 2014 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 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. Martin Sidor: Second. Donald Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Donald Wilcenski: Motion carries. Southold Town Planning Board Page Four February 10, 2014 SITE PLAN DETERMINATIONS Brostar, LLC (Suanos) - 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 Martin Sidor: 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. 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 Southold Town Planning Board Page Five February 10. 2014 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 Southold Town Planning Board Page Six February 10, 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; be it therefore, RESOLVED, that the Southold Town Planning Board has determined that this proposed action is consistent with the policies of the Town of Southold Local Waterfront Revitalization Program; James Rich: Second. 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 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: 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 Southold Town Planning Board Page Seven February 10. 2014 raised cover and traffic cone located at this location, which creates a traffic circulation problem by blocking safe ingress and egress to the site. c. This condition is to ensure that patrons can safely maneuver over and around the fuel fill(s). d. 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. 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. James Rich: Second. Donald Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Donald Wilcenski: Motion carries. PUBLIC HEARINGS 4:31 p.m. - 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 and 1930 Leeward Drive on the s/w/s/o Leeward Drive, approximately 945' n/o Bayview Road in Southold. Donald Wilcenski: At this time I will ask anyone from the audience if they would like to address the Planning Board on this application for Rzeszut, Solowsky & Brown. Anybody from the audience? Does anybody from the Board or Staff have any comments? Hearing none...... Southold Town Planninq Board Page Eight February 10, 2014 James Rich: I make a motion the hearing be closed. 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: I need a motion for approval of the Planning Board minutes of January 13, 2014. James Rich: 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. Martin Sidor: So moved. James Rich: Second. Donald Wilcenski: Motion made and seconded. All in favor? Ayes. Donald Wilcenski: Motion carries. Southold Town Planning Board Page Nine February 10, 2014 There being no further business to come before the meeting, it was ADJOURNED at 4:39 p.m. Respectfully submitted, /2-4 C3~ Linda a Randolp nscribin Secretary W Donald J. ilcenski, air RECEIVED l/ - of MAR 1 2 2014 Sown CI