HomeMy WebLinkAboutPB-01/12/2015PLANNING BOARD MEMBERS
DONALD J. WILCENSKI
Chair
WILLIAM J. CREMERS
PIERCE RAFFERTY
JAMES H. RICH III
MARTIN H. SIDOR
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PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
PUBLIC MEETING
MINUTES
January 12, 2015
4:30 p.m.
Present were: Donald J. Wilcenski, Chairman
James H. Rich III, Vice -Chairman Mark Terry, Principal Planner
William J. Cremers, Member Brian Cummings, Planner
Martin H. Sidor, Member Alyxandra Sabatino, Planner
Pierce Rafferty, Member
SETTING OF THE NEXT PLANNING BOARD MEETING
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631765-1938
www. sontholdtownny. gov
RECEIVED
MAY 13 2015
Southold Town sled
Chairman Wilcenski: Good evening ladies and gentlemen and welcome to this
afternoon's regularly scheduled Southold Town Planning Board meeting for January 12,
2015. The first order of business is to set Monday, February 9, 2015 at 4:30 p.m. at
the Southold Town Hall, Main Road, Southold, as the time and place for the next
regular Planning Board Meeting.
William Cremers: So moved.
James Rich III: Second.
Chairman Wilcenski: Motion made by Bill, seconded by Jim. Any discussion? All in
favor?
Ayes.
Motion carries.
At this time I'd like to make a motion to name Jim Rich as Vice Chairman this year.
William Cremers: Second.
Chairman Wilcenski: Motion made and seconded. All in favor?
Ayes.
Motion Carries.
Southold Town Planning Board P a g e 2 January 12, 2015
SET HEARINGS
Chairman Wilcenski: Soundside Landscaping, Inc. - This Site Plan Application is for
the proposed construction of an 80' x 40' (3,200 sq. ft.) commercial building for a
landscape contractor's yard on .99 acres in the Light Industrial Zoning District. The
property is located at 67575 Route 25, ±275' s/w/o Albertson Lane and NYS Rt. 25,
Greenport. SCTM#1000-52-5-58.3
Pierce Rafferty:
WHEREAS, this Site Plan Application is for the proposed construction of an 80' x 40'
(3,200 sq. ft.) commercial building for a landscape contractor's yard on .99 acres in the
Light Industrial Zoning District, Greenport; be it therefore
RESOLVED, that the Southold Town Planning Board sets Monday, February 9, 2015
at 4:31 p.m. for a Public Hearing regarding the Site Plan entitled "Soundside
Landscaping, Inc.", prepared by DAK Associates, LLC, dated October 31, 2014 and last
revised December 3, 2014.
James Rich III: Second.
Chairman Wilcenski: Motion made by Pierce, seconded by Jim. Any discussion? All
in favor?
Ayes.
Motion carries.
SUBDIVISIONS - 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,
and Lots 3, 4, & 5 = 0.6 ac. in the R-80 Zoning District. The property is located on the
s/s/o Colony Road, approximately 470' e/o Bayview Avenue, in Southold. SCTM#1000-
52-5-60.3
James Rich III:
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 September 8, 2014, the Southold Town Planning Board granted
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:
Southold Town Planning Board P_ a g,e_1S_ January 12, 2015
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 & 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 & 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; and
WHEREAS, on September 19, 2014, the agent submitted revised Covenants &
Restrictions; and
WHEREAS, on September 22, 2014, the agent submitted a check in the sum of
$982.80 representing payment of the Planning Board required additional Administration
Fee; and
WHEREAS, on October 14, 2014, the agent submitted written confirmation from the
Suffolk County Water Authority regarding the installation of the required fire hydrants;
and
WHEREAS, on October 22, 2014, the Office of the Town Attorney reviewed and
approved the revised Covenants & Restrictions; and
WHEREAS, on October 30, 2014, the agent submitted a Performance Bond
#15045316 in the amount of $197,961.00; and
Southold Town Planning Board P a cue, 1 4 January 12, 2015
WHEREAS, on December 1, 2014, the Planning Board, at their Work Session,
reviewed the Performance Bond Estimate, dated May 23, 2014, and the revised
Covenants & Restrictions; and
WHEREAS, on December 9, 2014, a referral was sent to the Superintendent of
Highways to review the Performance Bond Estimate; and
WHEREAS, on December 12, 2014, the Superintendent of Highways accepted the
Performance Bond Estimate; and
WHEREAS, on December 15, 2014, the Planning Board, at their public meeting,
accepted the Performance Bond Estimate; and
WHEREAS, on December 16, 2014, the Southold Town Board authorized the
Supervisor to execute the Open Space Conservation Easement; and
WHEREAS, on December 16, 2014, the Southold Town Board accepted the
Performance Bond #15045316; and
WHEREAS, on December 23, 2014, the agent submitted six (6) Mylars and nine (9)
prints of the Final Plat; and
WHEREAS, on January 5, 2015, the agent submitted the following certified copies filed
with the Suffolk County Clerk:
1. Declaration of Covenants & Restrictions Liber: D00012802 Page: 517
2. Interim Road and Maintenance Agreement Liber: D00012802 Page: 518
3. Open Space Conservation Easement Liber: D00012802 Page: 519; and
WHEREAS, on January 5, 2015, the Planning Board, at their Work Session, requested
that the Mylars and prints be revised to include monuments and lot markers pursuant to
§240-41 C; and
WHEREAS, on January 12, 2015, the agent submitted revised Mylars and prints; 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 Southold Town Planning Board hereby grants Final Plat
Approval on the map entitled "Colony Pond Final Plat", dated April 29, 2006, last
revised October 20, 2014 and the map entitled "Road and Drainage Plan of Colony
Pond", dated April 29, 2006 and last revised July 3, 2014 and authorizes the Chairman
to endorse the maps.
William Cremers: Second.
Chairman Wilcenski: Motion made by Jim, seconded by Bill. Any discussion? All in
favor?
Southold Town Planning Board P a g eJ5 January 12, 2015
Ayes.
Motion carries.
At this time I am recusing myself for James Creek Landing, Jim.
BOND DETERMINATIONS
Bond Estimates
James Rich III: James Creek Landing - This proposal is to subdivide a split -zoned
parcel into five lots where Lot 1 = 2 acres inclusive of a 1 acre Open Space Easement
Area; Lot 2 = 2 acres inclusive of a 1.2 acres Open Space Easement Area; Lot 3 = 5.5
acres inclusive of a 1.3 acres Open Space Easement Area; and Lot 4 = 3.7 acres
inclusive of a 1.7 acres Open Space Easement Area in the R-80 Zoning District. Lot 5
= 1.8 acres inclusive of 0.3 acres of Open Space Easement Area and is located in the
B Zoning District. The property is located on the west side of Main Road, approximately
280' south of New Suffolk Avenue in Mattituck. SCTM#1000-122-3-1.4
Martin Sidor:
WHEREAS, this proposal is to subdivide a split -zoned parcel into five lots where Lot 1 =
2 acres inclusive of a 1 acre Open Space Easement Area; Lot 2 = 2 acres inclusive of a
1.2 acres Open Space Easement Area; Lot 3 = 5.5 acres inclusive of a 1.3 acres Open
Space Easement Area; and Lot 4 = 3.7 acres inclusive of a 1.7 acres Open Space
Easement Area in the R-80 Zoning District. Lot 5 = 1.8 acres inclusive of 0.3 acres of
Open Space Easement Area and is located in the B Zoning District; and
WHEREAS, on November 20, 2014, the Office of the Town Engineer submitted a
Performance Bond Estimate for James Creek Landing in the amount of $118,540.00;
and
WHEREAS, on December 12, 2014, the Southold Town Highway Department approved
the Performance Bond Estimate for James Creek Landing, dated November 20, 2014;
and
WHEREAS, on December 16, 2014, the Southold Town Planning Board accepted the
Performance Bond Estimate for James Creek Landing in the amount of $118,540.00;
and
WHEREAS, on December 18, 2014, the Office of the Town Engineer submitted a
revised Performance Bond Estimate in the amount of $103,540.00; and
WHEREAS, on January 12, 2015, the Southold Town Planning Board reviewed and
accepted the revised Performance Bond Estimate; be it therefore
RESOLVED, that the Southold Town Planning Board hereby rescinds the acceptance
of the Performance Bond Estimate for James Creek Landing in the amount of
$118,540.00;
Southold Town Planning Board Page 1 6 January 12, 2015
William Cremers: Second.
Vice Chairman Rich: Motion made by Martin, seconded by Bill. Any discussion? All in
favor?
Ayes.
Motion carries.
Martin Sidor: And be it further
RESOLVED, that the Southold Town Planning Board, in accordance with the Office of
the Town Engineer's recommendation, hereby accepts the revised Performance
Bond Estimate for James Creek Landing in the amount of $103,540.00 and
recommends the same to the Southold Town Board.
William Cremers: Second.
Vice Chairman Rich: Motion made by Martin, seconded by Bill. Any discussion? All in
favor?
Ayes.
Motion carries.
We will revert back to the Chairman.
Chairman Wilcenski: Thank you, Jim.
Bond Release
Chairman Wilcenski: Beach Plum Homes - This Clustered Conservation Subdivision
is for 5 lots on 27.15 acres where Lot 1 equals 23.96 acres, upon which the
Development Rights on 22.2246 acres have been sold to the Town of Southold, Lot 2
equals 31,000 sq. ft., Lot 3 equals 32,800 sq. ft., Lot 4 equals 33,712 sq. ft. and Lot 5
equals 30,916 sq. ft. in the A-C/R-O Zoning Districts. The property is located on the
n/s/o Ackerly Pond Lane, approximately 924 feet west of NYS Route 25 and on the
s/s/o Blossom Lane, approximately 223 feet south of Jasmine Lane, in Southold.
SCTM#1000-69-3-10.1
William Cremers:
WHEREAS, this Clustered Conservation Subdivision is for 5 lots on 27.15 acres where
Lot 1 equals 23.96 acres, upon which the Development Rights on 22.2246 acres have
been sold to the Town of Southold, Lot 2 equals 31,000 sq. ft., Lot 3 equals 32,800 sq.
ft., Lot 4 equals 33,712 sq. ft. and Lot 5 equals 30,916 sq. ft. in the A-C/R-O Zoning
Districts; and
Southold Town Planning Board Page 7 January 12, 2015
WHEREAS, on October 16, 2006, the Southold Town Planning Board granted Final
Plat Approval upon the map prepared by John T. Metzger, dated June 27, 2005 and
last revised on July 19, 2006; and
WHEREAS, on October 16, 2006, the Southold Town Planning Board accepted the
Improvement Performance Bond #18655 in the amount of $75,546,00; and
WHEREAS, on November 2, 2010 the Office of the Town Engineer recommended a
reduction in the Improvement Performance Bond; and
WHEREAS, on January 24, 2011, the Improvement Performance Bond was reduced
from $75,546.00 to $11,477.00; and
WHEREAS, on December 9, 2014, Thomas Uhl submitted a letter stating that all
required improvements had been completed and requested a release of the
Improvement Performance Bond #18655 held by the Town of Southold; and
WHEREAS, on December 15, 2014, the Office of the Town Engineer reviewed the site
improvements, found them to be completed to their satisfaction, and recommended to
the Planning Board that the Improvement Performance Bond be released; and
WHEREAS, on January 12, 2015, at their Work Session, the Planning Board reviewed
the recommendations from the Office of the Town Engineer and agreed to recommend
to the Town Board the release of the Improvement Performance Bond; be it therefore
RESOLVED, that the Southold Town Planning Board hereby recommends that the
Southold Town Board release the Improvement Performance Bond #18655 in the
amount of $11,477.00.
Martin Sidor: Second.
Chairman Wilcenski: Motion made by Bill, seconded by Martin. Any discussion? All in
favor?
Ayes.
Motion carries.
STATE ENVIRONMENTAL QUALITY REVIEW ACT
Lead Agency
Chairman Wilcenski: Tuthill Conservation Subdivision - This proposal is for an
80/60 Conservation Subdivision of four parcels SCTM#s 1000-17-4-16, 1000-17-6-14.2,
1000-18-3-30.3 and 1000-18-6-17.3 (total area = 112 acres) into 17 residential lots, with
94 acres to be preserved. This project includes the transfer of yield pursuant to §240-42
G of the Southold Town Code.
Southold Town Planning Board Page 8 January 12, 2015
SCTM#1000-17-4-16 (North Dyer) equals 21 acres proposed to be subdivided into 6
lots where the lots range in size from 0.7 - 0.9 acres. This property includes a 0.7 acres
private right-of-way and 15.6 acres of preserved subdivision open space inclusive of 6
acres of unbuildable lands. North Dyer is located on the n/s/o NYS Route 25,
approximately 366 feet west of Oysterponds Lane, in Orient.
SCTM#1000-17-6-14.2 (South Dyer) equals 35.3 acres proposed to be subdivided into
5 lots and includes a reserve area for agricultural related use where the lots range in
size from 0.5 - 0.9 acres; property includes a 0.5 acre right-of-way and 28.5 acres of
open space inclusive of 15 acres of unbuildable lands. South Dyer is located on the
s/s/o NYS Route 25, approximately 460 feet west of Oysterponds Lane, in Orient.
SCTM#1000-18-3-30.3 (North Brown) equals 28.7 acres proposed to be subdivided into
5 lots where the lots range in size from 0.7 - 0.8 acres. This property includes a 1.2 acre
private right-of-way and 23.7 acres of open space inclusive of 2 acres of unbuildable
lands. North Brown is located on the n/s/o of NYS Route 25, approximately 2,223 east
of Platt Road, in Orient.
SCTM#1000-18-6-17.3 (South Brown) equals 26.9 acres proposed to be subdivided
where Lot 1 equals 0.92 acres. This property includes 25.5 acres of open space
inclusive of 1 acre of wetlands. South Brown is located on the s/s/o NYS Route 25,
approximately 1,960 feet east of Platt Road, in Orient.
Pierce Rafferty:
WHEREAS, this proposal is for an 80/60 Conservation Subdivision of four parcels
SCTM#s 1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 and 1000-18-6-17.3 (total area
= 112 acres) into 17 residential lots, with 94 acres to be preserved. This project
proposes the transfer of yield pursuant to §240-42 G of the Southold Town Code, and
is further described as follows:
SCTM#1000-17-4-16 (North Dyer) equals 21 acres proposed to be subdivided
into 6 lots where the lots range in size from 0.7 - 0.9 acres. This property
includes a 0.7 acres private right-of-way and 15.6 acres of preserved subdivision
open space inclusive of 5.7 acres of unbuildable lands.
SCTM#1000-17-6-14.2 (South Dyer) equals 35.3 acres proposed to be
subdivided into 5 lots and includes a reserve area for agricultural related use
where the lots range in size from 0.5 - 0.9 acres; property includes a 0.5 acre
right-of-way and 28.5 acres of open space inclusive of 14.6 acres of unbuildable
lands.
SCTM#1000-18-3-30.3 (North Brown) equals 28.7 acres proposed to be
subdivided into 5 lots where the lots range in size from 0.7 - 0.8 acres. This
property includes a 1.3 acre private right-of-way and 23.7 acres of open space
inclusive of 2 acres of unbuildable lands.
SCTM#1000-18-6-17.3 (South Brown) equals 26.9 acres proposed to be
subdivided where Lot 1 equals 0.92 acres. This property includes 25.5 acres of
open space inclusive of 0.62 acre of unbuildable lands; and
Southold Town Planning Board P a cg e,.J 9 January 12, 2015
WHEREAS, pursuant to 6 NYCRR Part 617.4 (b) (8) " Any unlisted action that includes
a non-agricultural use occurring wholly or partially within an Agricultural District (certified
pursuant to Agriculture and Markets Law, Article 25 -AA, Sections 303 and 304) and
exceeds 25 percent of any threshold established in this section" is a Type I Action
under SEQRA; and
WHEREAS, pursuant to 6 NYCRR Part 617.4 (b) (5), one of the thresholds established
for a Type I Action is the following: "Construction of new residential units that meet or
exceed the following thresholds: 50 units not to be connected (at the commencement of
habitation) to existing community or public water and sewerage systems including
sewage treatment works" and 25 percent of this threshold equals 12.5; and
WHEREAS, this proposed subdivision includes the potential future construction of 17
new residential units that are not proposed to be connected to community or public
water or sewerage systems; and
WHEREAS, pursuant to 6 NYCRR Part 617.4 (b) (9), another Type 1 Action is "any
Unlisted Action (unless the action is designed for the preservation of the facility or site)
occurring wholly or partially within, or substantially contiguous to, any historic building,
structure, facility, site or district or prehistoric site that is listed on the National Register
of Historic Places, or that has been proposed by the New York State Board on Historic
Preservation for a recommendation to the State Historic Preservation Officer for
nomination for inclusion in the National Register, or that is listed on the State Register
of Historic Places (The National Register of Historic Places is established by 36 Code of
Federal Regulation (CFR) Parts 60 and 63, 1994 [see 617.17]"; and
WHEREAS, this proposed subdivision is located substantially contiguous to the Orient
National Historic District located to the east of the South Dyer property; and
WHEREAS, based upon the above requirements, the Planning Board performed a
coordinated review of this Type I Action pursuant to 6 NYCRR Part 617, Section 617.7
of the State Environmental Quality Review Act (SEQRA); be it therefore
RESOLVED, that the Southold Town Planning Board hereby declares Lead Agency
status for the SEQRA review of this action;
William Cremers: Second.
Chairman Wilcenski: Motion made by Pierce, seconded by Bill. Any discussion? All in
favor?
Ayes.
Motion carries
Pierce Rafferty: And be it
Southold Town Planning Board P a cue 110 January 12, 2015
RESOLVED, that the Southold Town Planning Board classifies the action as a Type
Action.
William Cremers: Second.
Chairman Wilcenski: Motion made by Pierce, seconded by Bill. Any discussion? All in
favor?
Ayes.
Motion carries
That concludes our resolutions.
********************
PUBLIC HEARING
Chairman Wilcenski: 4:30 p.m. - Creative Courses Catering, LLC - This proposed
Site Plan is for the renovation and conversion of an existing 60' x 40' (2,400 sq. ft.)
masonry building, formerly a machine shop, to a 16 seat take-out restaurant with six (6)
parking stalls on .33 acres in the LB Zoning District. The property is located at 41150
CR 48, ±850' s/w/o CR 48 & Tuckers Lane, Southold. SCTM#1000-59-10-4
At this time, I would like to ask anyone from the audience if they would like to address
the Board. Please address the Board with your comments, state your name and write
your name for the record.
Ray Nemshick: Ray Nemshick from Nemshick, Silverman Architects, representing
Creative Courses, LLC. At this point, we are looking for, like you said, the simple
change of use type non -occupancy in a limited business and this is a business
occupancy to begin with from machine shop to a 16 seat take-out restaurant. It's really
a straight forward application as far as we can see and we don't have any further
comments.
Chairman Wilcenski: Thank you, Mr. Nemshick. Would anybody else in the audience
like to address the Board on Creative Courses Catering, LLC? We are having a public
hearing for Creative Course Catering, LLC. Anyone? Seeing none -
James Rich III: I make a motion that the hearing be closed.
William Cremers: Second.
Chairman Wilcenski: Motion made by Jim, seconded by Bill. Any discussion? All in
favor?
Ayes.
Motion carries
Southold Town Planning Board P a q e 111 January 12, 2015
HEARING HELD OVER
Chairman Wilcenski: Tuthill Conservation Subdivision - SCTM#s1000-17-4-16,
1000-17-6-14.2, 1000-18-3-30.3 and 1000-18-6-17.3.
Before I open the floor to any comments, the Planning Board has decided to leave the
hearing open until we receive the Visual Impact Study. We were planning after tonight
to adjourn the public hearing, or the public comments, until we get the Visual Impact
Study, however, we will be accepting written comments until we get this Visual Impact
Study. We spoke to the Tuthills and none of them or their representatives were able to
be here tonight and they are not quite sure how long it is going to take to get the Visual
Impact Study and the Planning Board and its staff feel that until we get that, we will
leave just the comment period open to written comments.
With that said, the floor is open for comments to the Planning Board for the Tuthill
Conservation Subdivision. Please step to one of the podiums, state your name and
write your name for the record. Anyone? Would anyone like to address the Planning
Board on the Tuthill Conservation Subdivision?
James Rich III: I make a motion that the hearing be adjourned until we receive the
Visual Impact Study.
William Cremers: Second.
Chairman Wilcenski: Motion made by Jim, seconded by Bill. Any discussion? All in
favor?
Ayes.
Motion carries.
So, just to be clear, this meeting is open for written comments - this hearing, I'm sorry -
is open for written comments, however, it will be adjourned until we receive the Visual
Impact Study from the Tuthill family and their representatives. Thank you very much. I
need a motion for adjournment.
William Cremers: So moved.
Martin Sidor: Second.
Chairman Wilcenski: Motion made, seconded. Any discussion? All in favor?
Ayes.
Motion carries.
Have a good evening.
Southold Town Planning Board P a g e 112 January 12, 2015
There being no further business to come before the meeting, it was adjourned.
Donald J. Wilbenski, Chairman
Respectfully submitted,
Jessica Michaelis
Transcribing Secretary
RECEIVED
FEB 1 1 2015 t3;O8P-n
5oh old Town Clerk