HomeMy WebLinkAboutPB-09/08/2014 MAILING ADDRESS:
PLANNING BOARD MEMBERS *QF SO(/jy P.O. Box 1179
DONALD J.WILCENSKI ��� Old Southold,NY 11971
Chair
OFFICE LOCATION:
WILLIAM J.CREMERS Town Hall Annex
PIERCE RAFFERTYG �� 54375 State Route 25
JAMES H.RICH III ���y (cor.Main Sou h d, NY Youngs Ave.)
MARTIN H.SIDOR 100UNTi,
Telephone: 631 765-1938
www.southoldtownny.gov
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
PUBLIC MEETING
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MINUTES CT 8E
SEPTEMBER 8, 2014 Sooihcld Town 1Isri
6:00 p.m.
Present were: Donald J. Wilcenski, Chairman
James H. Rich III, Vice-Chairman
William J. Cremers, Member
Pierce Rafferty, Member
Martin H. Sidor, Member
Heather Lanza, Planning Director
Mark Terry, Principal Planner
Brian Cummings, Planner
Alyxandra Sabatino, Planner
Carol Kalin, Secretary
SETTING OF THE NEXT PLANNING BOARD MEETING
Chairman Wilcenski: Good evening, ladies and gentlemen and welcome to the regularly
scheduled Southold Town Planning Board Meeting of September 8, 2014. First order
of business is to set the next Planning Board Meeting for Monday, October 6, 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.
James Rich: So moved.
Martin Sidor: Second.
Chairman Wilcenski: Motion made by Jim, seconded by Martin. Any discussion? All in
favor?
Ayes.
Chairman Wilcenski: Motion carries.
Southold Town Planning Board — September 8, 2014
STIPULATION OF SETTLEMENT
NOCRO, Ltd., et al. v. Russell, et al. — approval of the Stipulation of Settlement (re:
The Heritage of Cutchogue Site Plan)
Chairman Wilcenski: Out of our Executive Session earlier today, we have a resolution
that is going to be read tonight, and I'm going to read it:
RESOLVED, that the Planning Board of the Town of Southold hereby ratifies and
approves the Stipulation of Settlement in the New York State Supreme Court hybrid
proceeding/action entitled NOCRO, Ltd., et al v. Russell, et al., Suffolk County Index
No. 09-19101 in which the Town Board and the Planning Board are named as
respondents/defendants and authorizes Chairman Donald Wilcenski to execute said
stipulation on behalf of the Planning Board respondents/defendants.
William Cremers: I make a motion.
James Rich: Second.
Chairman Wilcenski: Motion made and seconded. Any discussion? All in favor?
Ayes.
Chairman Wilcenski: Motion carried.
SET HEARING
Chairman Wilcenski: Sidor Family - This proposal is for a Conservation Subdivision of
a 61 acre parcel into three lots where Lot 1 equals 2.6 acres, Lot 2 equals 2.7 acres,
Lot 3 equals 1.8 acres, located in the A-C Zoning District. This property includes a LIPA
easement and 53.9 acres of preserved subdivision open space. The property is located
at 2010 Oregon Road, Mattituck. SCTM#1 000-100-4-4
Martin Sidor: Have the minutes show that I am recusing myself from this application
because I am one of the principal partners.
Donald Wilcenski: Thank you.
Pierce Rafferty: Mr. Chairman, I'd like to offer the following resolution:
WHEREAS, this proposal is for an Open Development Area of a 61-acre parcel into
three lots where Lot 1 equals 2.6 acres, Lot 2 equals 2.7 acres, Lot 3 equals 1.8 acres,
located in the A-C Zoning District. This property includes a LIPA Easement and 53.9
acres of preserved subdivision open space; be it therefore
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Southold Town Planning Board — September 8, 2014
RESOLVED, that the Southold Town Planning Board sets Monday, October 6, 2014 at
6:01 p.m. for a Public Hearing upon the map entitled "Sketch Plan for Open
Development Area Martin Sidor", prepared by Fox Land Surveying, dated February 19,
2014.
William Cremers: Second.
Chairman Wilcenski: Motion made by Pierce, seconded by Bill. Any discussion? All in
favor?
Ayes.
Chairman Wilcenski: Motion carries.
SUBDIVISIONS - CONDITIONAL SKETCH DETERMINATIONS
Chairman Wilcenski: Beninati, Lee & Marie - This proposal is for a Standard
Subdivision of a 2.01 acre parcel where in 1999 the Zoning Board of Appeals granted
an Area Variance to allow for this parcel to be subdivided into two lots where Lot 1
equals 0.71 acres and Lot 2 equals 1.30 acres, located in the R-O Zoning District. The
property is located at 3070 Peconic Lane, on the east side of Peconic Lane and on the
south side of C.R. 48, in Peconic. SCTM#1000-74-3-15
James Rich: Mr. Chairman, I'll offer the following:
WHEREAS, this proposal is for a Standard Subdivision of a 2.01 acre parcel where in
1999 the Zoning Board of Appeals granted an Area Variance to allow for this parcel to
be subdivided into two lots where Lot 1 equals 0.71 acres and Lot 2 equals 1.30 acres
located in the RO Zoning District; and
WHEREAS, on May 13, 2014, the agent submitted the Sketch Plan Application and
Sketch Plans; and
WHEREAS, on June 16, 2014, the Planning Board, at their Work Session, reviewed the
application and found it incomplete with items to be submitted; and
WHEREAS, on July 8, 2014, the agent submitted items requested at the June 16, 2014
Work Session; and
WHEREAS, on August 4, 2014, the Planning Board, at their Work Session, found the
application complete and that all requirements have been met pursuant to Article V
Sketch Plat; be it therefore
RESOLVED, that the Southold Town Planning Board hereby grants Conditional
Sketch Plan Approval upon the map prepared by John T. Metzger entitled "Standard
Subdivision for the Property of Lee & Marie Beninati", dated December 15, 2008 and
last revised February 10, 2009 with the following condition:
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Southold Town Planning Board — September 8, 2014
1. Submission of all Preliminary Plat requirements pursuant to §240-16
Submission and §240-17 Technical Requirement of the Southold Town Code.
William Cremers: Second.
Chairman Wilcenski: Motion made by Jim, seconded by Bill. Any discussion? All in
favor?
Ayes.
Chairman Wilcenski: Motion carries.
SUBDIVISIONS - CONDITIONAL PRELIMINARY DETERMINATIONS
Chairman Wilcenski: The Estate of Joyce Skwara - This proposal is for a Standard
Subdivision of a 1.77 acre parcel where in 1989 the Zoning Board of Appeals granted
an area variance to allow for this parcel to be subdivided into two lots where Lot 1
equals 0.92 acres and Lot 2 equals 0.85 acres, located in the R-80 Zoning District. The
property is located at 3720 Wells Road, on the north side of Wells Road, approximately
3,592 feet south of the Main Road in Peconic. SCTM#1000-86-1-14
Martin Sidor:
WHEREAS, this proposal is for a Standard Subdivision of a 1.77 acre parcel where in
1989 the Zoning Board of Appeals granted an Area Variance to allow for this parcel to
be subdivided into two lots where Lot 1 equals 0.92 acres and Lot 2 equals 0.85 acres,
located in the R-80 Zoning District; and
WHEREAS, on June 23, 2014, the applicant submitted the Preliminary Plat Application;
and
WHEREAS, on July 7, 2014, the Planning Board, at their Work Session, found the
Preliminary Plat Application complete and set the Preliminary Public Hearing; and
WHEREAS, on July 11, 2014, referrals were sent to the following agencies for review:
1. LWRP Coordination
2. Suffolk County Health Department
3. Suffolk County Planning Commission
4. Southold Fire Department
5. Office of the Town Engineer; and
WHEREAS, on July 25, 2014, the Office of the Town Engineer responded to the
referral sent with recommendations; and
WHEREAS, on August 4, 2014, the Preliminary Hearing was held and closed; and
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Southold Town Planning Board — September 8, 2014
WHEREAS, on August 21, 2014, the Office of the Town Engineer responded to the
referral sent with recommendations; and
WHEREAS, on August 28, 2014, the Suffolk County Planning Commission responded
to the referral sent with comments; and
WHEREAS, on September 5, 2014, the Town of Southold Local Waterfront
Revitalization Program (LWRP) Coordinator reviewed this application, and has
recommended the proposed project be found consistent with the policies of the
Southold Town LWRP; 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 September 8, 2014, the Planning Board reviewed the application and
agreed that it meets all the requirements for Preliminary Plat Approval pursuant to
Article VI Preliminary Plat Review; be it therefore
RESOLVED, that the Planning Board pursuant to SEQRA declares itself Lead Agency
status for the SEQRA review of this Unlisted Action.
William Cremers: Second.
Chairman Wilcenski: Motion made and seconded. Any discussion? All in favor?
Ayes.
Chairman Wilcenski: Motion carried.
Martin Sidor: and be it further
RESOLVED, that the Planning Board, pursuant to SEQRA, hereby makes a
determination of non-significance for the proposed action and grants a Negative
Declaration.
William Cremers: Second.
Chairman Wilcenski: Motion made and seconded. Any discussion? All in favor?
Ayes.
Chairman Wilcenski: Motion carries.
Martin Sidor: and be it further
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Southold Town Planning Board — September 8, 2014
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.
Chairman Wilcenski: Motion made and seconded. Any discussion? All in favor?
Ayes.
Chairman Wilcenski: Motion carries.
Martin Sidor: and be it further
RESOLVED, that the Southold Town Planning Board hereby grants Conditional
Preliminary Plat Approval upon the map entitled "Map of Proposed Land Division at
Wells Road, Peconic", dated December 22, 2013 and last revised June 20, 2014,
prepared by Kenneth M. Woychuk, Land Surveyor, with the following conditions:
1. Submission of a Final Plat Application meeting all the requirements of
Section 240-20 of the Southold Town Code.
2. Submission of a Request Natural Heritage Data form to the NY Natural
Heritage Program (Phone: (518) 402-8935) to determine the presence or
absence of rare species on the parcel.
In the event that a rare species is found on the parcel, the Planning Board will
mitigate impacts by avoidance of species/habitat disturbance through the
placement of required clearing limits and establishment of non-disturbance
areas.
3. The following amendments to the Plat shall be required:
a. Remove the notation and illustration that is labeled "post and wire deer
fence".
b. In lieu of the Street Tree requirement and to preserve existing trees on
site, show a 20' landscaped buffer in the front yard along Wells Road for
Lot 1. The Planning Board will mark the existing trees that are located in
the 20' buffer area that must be preserved. The identified trees must be
shown of the Final Plat.
c. In lieu of the requirement for 10 Street Trees pursuant to Town Code
Section 161-44, and to preserve existing trees on site, show a 20' wide
landscaped buffer excluding necessary improvements adjacent to Wells
Road for Lot 1. The Planning Board will mark the existing trees that are
located in the 20' wide landscaped buffer area that must be preserved.
The identified trees must be shown on the Final Plat.
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Southold Town Planning Board — September 8, 2014
d. Show clearing limits pursuant to §240-49 of the Southold Town Code.
The percentage of the site permitted to be cleared on proposed Lots 1
and 2 is 50%. During the Final Plat stage, the Planning Board will
discuss the vegetation required to be preserved under the clearing limits
provision.
e. Show the building envelope on Lots 1 and 2. The building envelopes
must be entirely within the clearing limits.
f. Show the property boundary monuments pursuant to §240-41 C of the
Southold Town Code.
4. Submission of Draft Covenants and Restrictions (a template will be provided
by the Planning Department) with the following clauses (please note that not
all clauses that will be required are outlined below):
a. Require the use of native, drought-tolerant plants in landscaping.
b. Prohibit the application of fertilizer products containing Nitrogen,
Phosphorus, or Potassium between November 1St and April 1St.
c. Only organic fertilizers where the water soluble Nitrogen is no more
than 20% of the total Nitrogen in the mixture may be utilized on the lots.
d. Require a maximum of 1 pound of Nitrogen per 1000 square feet in any
one application, with a cumulative application of no more than 2 pounds
per 1,000 square feet per year.
e. The use of Phosphorous containing lawn fertilizer is prohibited unless
establishing a new lawn or soil test shows that the lawn does not have
enough Phosphorus. Fertilizer labels have three bold numbers. The
number in the middle is the percentage of Phosphorus in the product,
e.g. 22-0-15. Use of products with 0.67 in the middle or lower is not
restricted. Products with a number higher than 0.67 may only be used if
a new lawn is being established or a soil test indicated it is necessary.
5. Submission of a Letter of Water Availability from the Suffolk County Water
Authority.
William Cremers: Second.
Chairman Wilcenski: Motion made by Martin and second by Bill. Any discussion? All in
favor?
Ayes.
Chairman Wilcenski: Motion carries.
SUBDIVISIONS - CONDITIONAL FINAL DETERMINATIONS
Chairman Wilcenski: Colony Pond - This proposal is for a Standard Subdivision to
subdivide a 13.540-acre parcel into five lots where Lot 1 = 0.8 ac., Lot 2 = 10.5 ac.,
including a 1 ac. building envelope, 0.3 ac. r.o.w and 7 acres of preserved Open Space,
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Southold Town Planning Board — September 8, 2014
and Lots 3, 4, & 5 = 0.6 ac. in the R-80 Zoning District. The property is located at 845
Colony Road, on the s/s/o Colony Road, approximately 470' e/o Bayview Avenue, in
Southold. SCTM#1000-52-5-60.3
William Cremers:
WHEREAS, this proposal is for a Standard Subdivision to subdivide a 13.540-acre
parcel into five lots where Lot 1 = 0.8 ac., Lot 2 = 10.5 ac., including a 1 ac. building
envelope, 0.3 ac. right-of-way and 7 ac. of preserved Open Space, and Lots 3, 4, & 5 =
0.6 ac. in the R-80 Zoning District; and
WHEREAS, on April 8, 2013, the Southold Town Planning Board reviewed the
application at their Work Session and found the Final Plat Application incomplete with
items to be submitted; and
WHEREAS, on May 7, 2013, the agent submitted a Draft Interim Road and
Maintenance Agreement for Colony Pond Court; and
WHEREAS, on May 16, 2013, the agent submitted an Acknowledgement of Notice of
Intent for Coverage under SPDES General Permit of Storm Water Discharges from
Construction Activity, permit number: GP-0-10-001; and
WHEREAS, on July 1, 2013, the Planning Board, at their Work Session, reviewed the
Open Space Uses allowed in the Open Space Conservation Easement; and
WHEREAS, on July 23, 2013, the applicant submitted copy of the Draft Performance
Bond Estimate; and
WHEREAS, on August 8, 2013, Planning Staff sent a Draft Open Space Conservation
Easement to the agent for review; and
WHEREAS, on September 3 - 30, 2013, the agent and Planning Staff revised the Open
Space Conservation Easement; and
WHEREAS, on October 17, 2013, the agent submitted a map approved by the Suffolk
County Department of Health Services, dated September 27, 2013; and
WHEREAS, on November 7, 2013, the agent submitted Covenants and Restrictions, an
Open Space Conservation Easement and the Interim Road & Maintenance Agreement;
and
WHEREAS, on November 15, 2013, a referral was sent to the Greenport Fire
Department to determine the correct location of the fire hydrant; and
WHEREAS, on November 18, 2013, the Planning Board reviewed the application at
their Work Session and requested items to be submitted; and
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Southold Town Planning Board — September 8, 2014
WHEREAS, on December 2, 2013, the Greenport Fire Department reviewed the
application and required two fire hydrants to be installed; and
WHEREAS, on January 13, 2014, the agent submitted the Park and Playground Fee in
the amount of $35,000.00 and the Administration Fee in the amount of$10,894.86; and
WHEREAS, on March 10, 2014, the Planning Board, at their Work Session, reviewed
the referral response from the Greenport Fire Department requiring two fire hydrants;
and
WHEREAS, on March 14, 2014, a referral was sent to the Greenport Fire Department
requesting clarification for the reason why two fire hydrants were required; and
WHEREAS, on April 24, 2014, the applicant agreed to the Fire Department's request
for two fire hydrants; and
WHEREAS, on May 9, 2014, the agent submitted 4 prints of the revised Road &
Drainage Plan and 4 prints of the Final Plat; and
WHEREAS on May 12, 2014, a referral was sent to the Office of the Town Engineer to
review the revised Road and Drainage Plans; and
WHEREAS, on June 9, 2014, the Planning Board reviewed the application at their
Work Session and agreed to set the Final Public Hearing; and
WHEREAS, on June 19, 2014, the agent submitted revised Covenants and
Restrictions; and
WHEREAS, on July 8, 2014; the agent submitted a revised Final Plat and revised Road
& Drainage Plan; and
WHEREAS, on July 8, 2014, the Planning Board held and closed the Final Public
Hearing; and
WHEREAS, on August 18, 2014, the Planning Board reviewed the application and
comments from the Final Public Hearing at their Work Session; and
WHEREAS, the Planning Board found that, pursuant to Southold Town Code §240-21_
Technical Requirements, the application meets all the requirements for Conditional
Final Plat Approval; be it therefore
RESOLVED, that the Southold Town Planning Board hereby grants Conditional Final
Plat Approval on the map entitled "Colony Pond Final Plat", dated April 29, 2006, last
revised July 3, 2014 and the map entitled "Road and Drainage Plan of Colony Pond",
dated April 29, 2006 and last revised July 3, 2014, with the following conditions:
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Southold Town Planning Board — September 8, 2014
1. Submission of written confirmation from the Suffolk County Water Authority that
states that the Water Authority will be responsible for the installation of two (2)
required fire hydrants. The Bond Estimate, dated May 23, 2014, will not be
accepted until a letter is received.
2. Submission of the Performance Bond. This bond will be accepted only after the
above-referenced letter from the Suffolk County Water Authority is submitted to
the Planning Department.
3. Submission of a map that shows the required property boundary monuments and
lot markers pursuant to §240-41 C.
4. The Administration Fee (6% of the Bond Estimate) was submitted in January of
2014. This Administration Fee represented the previous Bond Estimate before the
revised estimate was submitted by the Office of the Town Engineer. As such, the
Administration Fee has increased from $10,894.86 to $11,877.66, an increase of
$982.80. Submit $982.80 to complete the Administration Fee. Please note that if
the Suffolk County Water Authority will not install the required two (2) fire hydrants,
the Bond Estimate and Administration Fee shall be revised to include the two
hydrants.
5. The Farmland Bill of Rights shall be added to the Covenants and Restrictions
pursuant to Article XXI of the Southold Town Code.
6. Submission of four Mylar copies of the Final Plat pursuant to §240-20.
7. After the Board has accepted the revised Covenants and Restrictions, the
document shall be filed with the Suffolk County Clerk.
8. File the Open Space Conservation Easement, as accepted by the Planning Board
with the Suffolk County Clerk.
Martin Sidor: Second.
Chairman Wilcenski: Motion made by Bill and second by Martin. Any discussion? All in
favor?
Ayes.
Chairman Wilcenski: Motion carries.
APPROVAL EXTENSIONS
Chairman Wilcenski: Aries Estates - This proposal is for a Standard Subdivision of an
11.4-acre parcel into two lots, where Lot 1 equals 5.7 acres, including 3.3 acres of open
space, and Lot 2 equals 5.7 acres, including 3.2 acres of open space, in the R-80
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Southold Town Planning Board — September 8, 2014
Zoning District. The property is located approximately 334.1' to the east of Stars Road
in East Marion. SCTM#1000-22-3-2
Pierce Rafferty: Mr. Chairman, I'd like to offer the following resolution:
WHEREAS, this proposal is for a Standard Subdivision of an 11.4-acre parcel into two
lots where Lot 1 equals 5.7 acres, including 3.3 acres of open space and Lot 2 equals
5.7 acres, including 3.2 acres of open space, in the R-80 Zoning District; and
WHEREAS, the Southold Town Planning Board granted Conditional Final Approval
upon the map entitled "Final Plat for the Subdivision Map Shawn Tully " prepared by
Howard Young, L.S., dated June 25, 2010 and last revised October 1, 2013, subject to
the following conditions to be completed prior to Final Plat Approval; and
WHEREAS, on September 10, 2014, Conditional Final Plat approval expired; and
WHEREAS, the applicant requested a 90 day extension to fulfill the conditions of
Conditional Final Approval; be it therefore
RESOLVED, that the Southold Town Planning Board hereby grants a 90 day
Extension of Conditional Final Approval through December 10, 2014 upon the map
entitled "Final Plat for the Subdivision Map Shawn Tully" prepared by Howard Young,
L.S., dated June 25, 2010 and last revised October 1, 2013, subject to conditions.
William Cremers: Second.
Chairman Wilcenski: Motion made by Pierce and second by Bill. Any discussion? All in
favor?
Ayes.
Chairman Wilcenski: Motion carries.
SITE PLAN DETERMINATIONS
Chairman Wilcenski: Peconic Landing Tennis Courts - This amended Site Plan is for
the re-location of a 108' x 120' (12,960 sq. ft.) paved area for two (2) tennis courts in
addition to eight (8) parking stalls with one (1) ADA. The property is located at 1205
Route 25, ±2,390' e/o Sound Road & NYS Rt. 25, Greenport. SCTM#1000-35-1-25
James Rich: Mr. Chairman, for the record, I have to recuse myself from voting.
Chairman Wilcenski: OK, Jim has recused himself, so Martin, can you read that
please.
Martin Sidor:
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Southold Town Planning Board — September 8, 2014
WHEREAS, on May 7, 2014, the agent for the applicant, Charles Cuddy, Esq.,
submitted an amended application for Site Plan review; and
WHEREAS, this Amended Site Plan is for the re-location of a 108' x 120' (12,960 sq.
ft.) paved area for two (2) tennis courts in addition to eight (8) parking stalls with one (1)
ADA in the HD Zoning District, Greenport; and
WHEREAS, at a Work Session held on June 2, 2014, the Planning Board reviewed the
application and found it complete, requiring further information and revisions to the Site
Plan immediately; and
WHEREAS, there will be no lights or lighting of the tennis courts and adjacent area as
stated by the applicant at the June 2, 2014 Work Session; and
WHEREAS, on July 1, 2014, Charles Cuddy, agent, submitted materials and
information to the Planning Department for review; and
WHEREAS, on July 7, 2014, a public hearing was held and subsequently closed; and
WHEREAS, on July 17, 2014, the Planning Board, pursuant to Southold Town Code
§280-131 C., distributed the application to the required agencies for their comments;
and
WHEREAS, the Southold Town Planning Board, pursuant to State Environmental
Quality Review (SEQR) 6 NYCRR, Part 617.5, 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 not
involving a change in zoning or a Use Variance and consistent with local land use
controls, but not radio communication or microwave transmission facilities", therefore,
not subject to SEQRA review; and
WHEREAS, on July 23, 2014, the Southold Town Fire Inspector reviewed and
determined that there was adequate fire protection and emergency access for the site;
and
WHEREAS, on August 12, 2014, the Greenport Fire District determined there was
adequate fire protection for the site and recommended that all drives and entry ways
meet Southold Town Code §280-109c specifications; and
WHEREAS, on August 14, 2014, the Town of Southold Local Waterfront Review
Program Coordinator reviewed the above-referenced project and determined the
proposed project to be consistent with Southold Town LWRP policies pursuant to §268-
3; and
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Southold Town Planning Board — September 8, 2014
WHEREAS, on August 19, 2014, 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 September 8, 2014, the Southold Town Chief Building Inspector
reviewed and certified the tennis courts in the HD Zoning District, Greenport; and
WHEREAS, on September 8, 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; 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; and be it further
William Cremers: Second.
Chairman Wilcenski: Motion made by Martin, second by Bill. Any discussion? All in
favor?
Ayes.
Chairman Wilcenski: Motion carries.
Martin Sidor: And be it further
RESOLVED, that the Southold Town Planning Board grants Approval to the Site Plan
entitled "Peconic Landing at Southold Tennis Courts", prepared by Young & Young,
dated April 3, 2014 & last revised September 4, 2014, and authorizes the Chairman to
endorse the Site Plan including the following two (2) plans:
1. Sheet 1 of 2 — Property Survey
2. Sheet 2 of 2 — Site Plan and Storm Water Management Control Plan
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.
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Southold Town Planning Board — September 8, 2014
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.
William Cremers: Second.
Chairman Wilcenski: Motion made by Martin and second by Bill. Any discussion? All in
favor?
Ayes.
Chairman Wilcenski: Motion carries. That ends our resolutions, and we move to public
hearings. And we have two public hearings this evening. The first public hearing is for
Rising Sun Woodworking.
PUBLIC HEARINGS
Chairman Wilcenski: 6:01 a.m. - Rising Sun Woodworking - This proposed amended
Site Plan is to convert a wholesale book seller warehouse to a custom woodworking
shop and construct a ±500 sq. ft. addition to connect two existing buildings totaling
13,064 sq. ft. for office, cabinet shop and custom woodworking on 2.1 acres in the LB
Zoning District. The property is located at 4460 Depot Lane, ±1,075' s/e/o Depot La. &
CR 48, Cutchogue. SCTM#1000-96-5-8
Chairman Wilcenski: At this time, I would ask anyone who would like to address the
Planning Board, step to one of the two podiums, and please state your name and
address the Board, and then you can write your name before you leave. Yes, you can
step to either podium, thank you.
Michael Drobet: Hi, I'm Mike Drobet. I'm the president of Rising Sun Woodworking, and
I just stepped up to see if you have any questions, or anything I can answer for you.
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Southold Town Planning Board — September 8, 2014
Chairman Wilcenski: Thank you. Anybody else from the audience have anything?
Does anybody else, would anybody else like to address the Board on Rising Sun
Woodworking? Please.
James Rich: I'd like to make a motion to close the hearing.
Chairman Wilcenski: We have a motion to close the hearing.
Martin Sidor: Second.
Chairman Wilcenski: Second by Martin. Any discussion? All in favor?
Ayes.
Chairman Wilcenski: Motion carries. Thank you.
Michael Drobet: Thank you.
Chairman Wilcenski: Our second public hearing is for Royalton Equestrian.
6:02 p.m. - Royalton Equestrian - This Site Plan is for the proposed construction of a
120' x 240' (28,800 sq. ft.) indoor riding ring on an existing horse farm for the purpose
of keeping, breeding, raising and training of horses, and not open to the public. Existing
on site are two horse barns, a roofed horse-walker, and a single family dwelling and
garage on 37 acres in the A-C Zoning District. The property is located at 55 Cox Neck
Road, ±50' across from Westphalia Road, Mattituck. SCTM#1000-113-7-19.23
Chairman Wilcenski: At this time, I'd like to ask anyone from the audience if they would
like to address the Board, to please step to one of the podiums, state your name and
write your name for the record.
Steve Libretto: Good evening, my name is Steve Libretto. I'm the Property Manager for
55 Cox Neck Road and Royalton Equestrian. And if there's any questions the Board
has, I'd be happy to answer them.
Chairman Wilcenski: Thank you. Please just write your name for the record. Anybody
else in the audience, please state your name, and write your name for the record.
(Robert)Michael Navarra: Yes, my name is Robert Michael Navarra, I go by Mike.
Chairman Wilcenski: Excuse me, Mike. Only one can speak at a time because it's
being recorded, so you need to just speak right into the microphone so we can hear
you.
Michael Navarra: Ok, my name is Robert Michael Navarra. My property is directly to
the north of this proposed building. This proposed building is going to be sitting, the
base level of it will be at least ten feet above the front of our property. It'll be about
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Southold Town Planning Board — September 8, 2014
twenty feet higher than the side and rear of our property. This building, from what I can
see, is only going to be twenty feet off the property line. They're proposing a thirty-five
foot high roof on this building, which is way too high. This building is huge, and it will be
shadowing a great deal of our property. Not to mention the light pollution that we'll be
receiving from this building on a regular basis. Just to give you an example, the existing
farm building, they have lights on inside that reflect onto our property up to 9:00 o'clock
at night, just this past Saturday, I recorded. And I'll read the letter that I wrote to Brian
Cummings this morning. It says: Good morning, Brian. I'm Robert Michael Navarra, I
go by Mike. My wife is Denise Navarra. Our property is directly to the north of the
Royalton Equestrian property located at 55 Cox Neck Road in Mattituck. The proposed
building is going to be directly in front of our house, which faces south. Our property is
also ten to fifteen feet below the proposed building, depending on where you are in our
yard. Our concerns are the following: The proposed height of the building is way too
tall to be located that close to our property. It will block large amounts of daylight in the
winter months, and have an enormous shadow on our property in general. Second is
lighting. We enjoy the darkness down our private road. Even the existing interior lights
shine at our house, and I believe it's located at least three hundred feet away. Lights
were on this past Saturday night until 9:00 p.m. The new proposed building will be
lighting up our house at night, even with rows of trees planted between us and the barn.
The barn is just too close. Third is drainage. This has been an ongoing issue with this
property for years. The last property owners attempted to put drainage, whatever you
call them, items in the corner property, and it did absolutely nothing. The property still
drains onto the back corner of the Hillikers property, and then dumps onto our property.
I'm requesting that all that water drainage be stopped permanently, with boarders or
whatever they have to do. I don't think wells will do the trick for the amount of water
that's draining onto our property during a heavy rainstorm. And the other question I
have also, I looked at the map out there, and my wife and I have been property owners
and been paying taxes on that property for fifteen years. And they don't have us as the
property owners on that survey out in the office, and I was just curious as to why.
Chairman Wilcenski: I think that's something that you'd have to talk to the Assessors
about.
Michael Navarra: Can I request that get redone, and have us shown as the owners of
that property, instead of Artie Foster. We've been paying taxes on that property for
fifteen years. I would request that please.
Chairman Wilcenski: Ok, it's in the record, and everything that's being recorded tonight
will be looked at and addressed. Thank you. Anybody else? Yes, sir. Please state
and write your name.
Joseph Schirripa: My name is Joseph Schirripa. I live at 1400 Cox Neck Road, directly
across the street from the Royalton Farm. And I have no objections to their proposals.
Chariman Wilcenski: Thank you. Anybody else in the audience would like to address
the Planning Board?
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Southold Town Planning Board — September 8, 2014
Denise Navarra: I just want to say, my name is Denise Navarra. And I just want to say,
Steve was nice enough, the property manager, to come over and introduce himself.
And he offered to work with us, with the drainage and the trees, and I really appreciate
that. And I just want to give a picture of what I see when I look out my bedroom
window. It's pretty much just going to be a roof now. And as my husband said, we're
just going to lose the view of the sky. I really enjoyed having the farm there. I enjoyed
the horses; they maintained the property beautiful. But my biggest concern is, just that
our south facing window is, because our property is set lower, we're really not going to
have any more sun. And I didn't realize, when he first came to speak to me, because I
don't have a very good sense of proportion, how big it was going to be. And now that
it's been explained to me, what the size, I'm kind of concerned, like I said, when I look
out my windows, we're pretty much, just going to see a roof. And I'm afraid we're not to
see any more sun from those front windows. That's all.
Chairman Wilcenski: Thank you.
Denise Navarra: You're welcome.
Chairman Wilcenski: Anybody else like to address the Board? Yes.
Christine Hilliker: Hi, my name's Chris Hilliker. I just had a question on the survey. We
all live on Tall Wood Lane, which is not on the survey. I just had a question with that,
whether a building of this size, when it does abutts a roadway, if the setbacks should be
any different than if it abutts private property. And just another question, when you
have thirty-seven acres, why would you put it in a spot that affects the few residents
that do abutt you?
Chairman Wilcenski: I think I can answer your first question. I think it's because, you're
in Tall Wood? It's a private road, correct?
Christine Hilliker: Yes. But it doesn't even show on the survey. Would you look into it?
OK. Thank you.
Chairman Wilcenski: Ok. Thank you. Anybody else like to address the Board? Yes.
You can step to this microphone on this side. Steve, if you'd like to address these
points, you may, but you're not, you don't have to, so I'm just giving you the heads up.
Victoria Johnson: Hi, my name is Victoria Johnson. I also live on Tall Wood Lane. I'm
also not on the map, though I did buy the property sixteen years ago. But that's not
why I'm here. Yes, they want to put up a barn. Yes, it's going to be big. But it is their
property, and I didn't buy the property - to decide not to do it. I would rather work with
them and have something nice. And I'd rather see horses than condos, or a lot of strip
stores, with something that could possibly have gone in. That's a big piece of property
to do anything with. I was explained by Royalton, what they're doing, it's sounds like
they're trying to work with us, and they want to put some hedges up around the barn so
it wouldn't show. I, my property is next to Mike Navarra. I would probably have about
equal distance of the barn across from me. But I don't I can think I can stop anybody
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Southold Town Planning Board — September 8, 2014
from doing anything, I'd rather have a horse barn. The neighbors (inaudible) and after,
everybody kept everything clean, there's no problem. The lights, I don't see that they're
a problem. They're offset from my house, but I don't see them, they're far away. The
drainage problem has been there for years. It's not the barn that causes it. It's not the
development of this property that caused it. It's more of making sure the drain closes
and Artie Foster put it in. And he was in the drain business, I think he did an OK job,
but sometimes you need a culvert going under a road, and you have to keep it clean.
But I'm all for the barn, as long as it's well done, and it's as nice as the rest of the
property. I have another horse farm behind me over on Bergen. I have no complaints
about them. I don't expect to have any with Royalton. Yeah, maybe you're going to
see a higher building, but it's their property. And I just feel that, I did what I wanted to
do, I had a barn on my property and it was fine, and now I don't. But I think everybody,
we buy it, we should be allowed to work with the Town and do what you want. Not all of
us are against it. There are two other neighbors beyond me that are all for it. They
said, do what you want, it's your property. So, I just want it to be stated, fair is fair.
Chairman Wilcenski: OK, thank you for your comments. Everything that is said tonight,
obviously I said earlier, is being recorded, and will be put into the file. Anyone else?
Yes, you can step to this microphone. And you're going to have to state your name
again.
Michael Navarra: My name is Robert Michael Navarra. And the one more thing that I
did want to mention was that, they do not, show our house also on the survey. And if
they showed our house on the survey, they would show that our house would be
directly in front of this proposed building. The Johnson's property, or their house, is not
going to be affected as much as ours. Our house is dead center in the front of this
proposed building. Now I'm looking there. It looks like there is a nice spot on the
bottom right, where that building would fit perfectly, and not affect as many people over
there. There's a nice, big area where that barn would fit. I just feel it's too close; it's too
high above our property. Do I need to sign my name again?
Chairman Wilcenski: Yes? No, once is enough. Ok, thank you. Anybody else? Steve,
if you'd like to address the Board, you may, if not, it's up to you.
Steve Libretto: I would just address a couple of the points that were brought up. As far
as drainage is concerned, there, Mr. Navarra had shown me where the drainage issue
exists. And it exists in the very far northeast corner of the property. Right now, any rain
water is collected on the ground, and just through the natural slopes and pitches, it
drains towards that very far northeast corner, then it starts to drain downhill again at the
existing grade of the existing land, through a culvert that goes underneath Tall Wood
Lane and down into a gully, essentially. I believe, and I've spoken to the surveyor
about it, and spoke to other people about it, that having the building the size that it's
going to be, that's going to collect all that rain water, and now put it into storm water
drains that are in the property. So if anything, I think that problem is going to be
significantly helped, if not solved completely, by the building being there. As to the
location of the building, I understand some of the concerns. It can't go in that lower
right hand area. That's an existing jumping field for the horses, that a lot of money was
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Southold Town Planning Board — September 8, 2014
invested in, to build that by both the prior owner and the developer of the site. And
we've made some improvements to it. So, to completely wipe that out and put it there
wouldn't make sense, because then we would have to reinvent the wheel, and put that
somewhere else. As to the location, it's really the only feasible, logistical location that it
can go on the property, and remain contiguous for an operating horse farm.
Chairman Wilcenski: OK, thank you. Anybody else would like to address the Board on
Royalton Equestrian? Anybody?
James Rich: I make a motion to close the hearing.
Steve Libretto: I do have one more thing to add, sorry.
Chairman Wilcenski: OK, go ahead. State your name again.
Steve Libretto: Steve Libretto, Property Manager of Royalton. As far as the height of
the building, where it's going to be on the property, in relation to some of the
neighboring properties across Tall Wood Lane, as Mr. and Mrs. Navarra both stated,
their house is set down below the normal grade of the existing property and some of the
properties around. I understand that visually, that will impede their view, but that's due
to where their house is located. We didn't put their house there, they didn't dig it out.
It's just that's the way the property was when they built it. And our property is existing
as we want to build it. So we can't reinvent the Earth.
Chairman Wilcenski: OK, thank you. And I'd just like to reassure the neighboring
property owners that, part of our Site Planning is to review all the drainage and
screening, the landscape buffers and so on. So we will make sure that all your concerns
are addressed. Anyone else? Hearing and seeing none. Please state your name
again.
Michael Navarra: Robert Michael Navarra. What are you going to do to address the
lighting?
Chairman Wilcenski: You have to address the Board. I can answer the question.
Michael Navarra: What is going to be done to address the lighting? From what I see of
the building, the whole back end of it, is going to be windows. It's all windows, they're
going to have lights on inside, our property is going to be lit up like Lunar Park. You
may put a few trees over there, it's still not going to block all the light that comes from
an enormous size building like this. I'd really like to take that into consideration. A
couple trees aren't going to keep all these lights from shining onto our house. And
putting the building there is not going to address the drainage issue. Because a lot of
the drainage comes from further south on the property, it doesn't exactly all come from
where the building is located. So I would like some sort of buffers, so the water does
not drain on our property anymore, period.
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Southold Town Planning Board — September 8, 2014
Chairman Wilcenski: Understood. Thank you. Ok. If no one else has any comments
to the Board? We have a motion to close the hearing.
William Cremers: Second.
Chairman Wilcenski: And second by Bill. Any discussion? All in favor?
Ayes.
Chairman Wilcenski: Motion carries. Thank you all very much for your patience. We
ran a little late this evening, but thank you again. Have a good evening. We need an
approval for the Planning Board minutes.
APPROVAL OF PLANNING BOARD MINUTES
Board to approve the minutes of: August 4, 2014.
James Rich: I make a motion.
William Cremers: Second.
Chairman Wilcenski: Motion made by Jim, second by Bill. Any discussion? All in
favor?
Ayes.
Chairman Wilcenski: Motion carries. Need a motion for adjournment.
Martin Sidor: I make a motion.
William Cremers: Second.
Chairman Wilcenski: Motion made by Martin, second by Bill. Any discussion? All in
favor?
Ayes.
Chairman Wilcenski: Motion carries. Good evening.
Donald J. Wilcenski Lori McKiernan
Chairman Transcribing Secretary
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