HomeMy WebLinkAboutPB-11/17/2014SPECIAL MEETING
MINUTES
NOVEMBER 17, 2014
4:00 p.m.
Present were: Donald J. Wilcenski, Chairman
James H. Rich III, Vice -Chairman
William J. Cremers, Member
Martin H. Sidor, Member
Pierce Rafferty, Member
Heather Lanza, Planning Director
Mark Terry, Principal Planner
Brian Cummings, Planner
Alyxandra Sabatino, Planner
Chairman Wilcenski: Good afternoon, ladies and gentlemen and welcome to the
Special Meeting for November 17, 2014, 4:00 p.m. This special meeting was
called for the determination of two Site Plans. The first:
SITE PLAN DETERMINATION
New Suffolk Waterfront Fund. Inc. - This proposed Site Plan is for the re-
location, renovation and addition of 47 sq. ft. to the historic Galley Ho restaurant
building, totaling 1,725 sq. ft., to include a 66 seat restaurant and 16 slip marina
on 2.3 acres in the M -II Zoning District. The property is located at 650 First Street,
on the corner of Main Street and First Street, New Suffolk. SCTM#1000-117-8-18
William Cremers: Mr. Chairman, I'll offer the following resolution:
WHEREAS, this Site Plan is for the re -location, renovation and addition of 47 sq.
ft. to the historic Galley Ho restaurant building, totaling 1,725 sq. ft., to include a
66 seat restaurant and 16 slip marina on 2.3 acres in the M -II Zoning District; and
WHEREAS, on April 8, 2014, Patricia McIntyre, Agent to the applicant, submitted
an application for Site Plan review; and
MAILING ADDRESS:
PLANNING BOARD MEMBERS4Qf
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P.O. P.O. Box 1179
DONALD J. WILCENSKI
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Southold, NY 11971
Chair
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OFFICE LOCATION:
WILLIAM J. CREMERS
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Town Hall Annex
PIERCE RAFFERTY
JAMES H. RICH III
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54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
MARTIN H. SIDOR
Southold, NY
Telephone: 631 765-1938
www. southol dtownny. gov
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
SPECIAL MEETING
MINUTES
NOVEMBER 17, 2014
4:00 p.m.
Present were: Donald J. Wilcenski, Chairman
James H. Rich III, Vice -Chairman
William J. Cremers, Member
Martin H. Sidor, Member
Pierce Rafferty, Member
Heather Lanza, Planning Director
Mark Terry, Principal Planner
Brian Cummings, Planner
Alyxandra Sabatino, Planner
Chairman Wilcenski: Good afternoon, ladies and gentlemen and welcome to the
Special Meeting for November 17, 2014, 4:00 p.m. This special meeting was
called for the determination of two Site Plans. The first:
SITE PLAN DETERMINATION
New Suffolk Waterfront Fund. Inc. - This proposed Site Plan is for the re-
location, renovation and addition of 47 sq. ft. to the historic Galley Ho restaurant
building, totaling 1,725 sq. ft., to include a 66 seat restaurant and 16 slip marina
on 2.3 acres in the M -II Zoning District. The property is located at 650 First Street,
on the corner of Main Street and First Street, New Suffolk. SCTM#1000-117-8-18
William Cremers: Mr. Chairman, I'll offer the following resolution:
WHEREAS, this Site Plan is for the re -location, renovation and addition of 47 sq.
ft. to the historic Galley Ho restaurant building, totaling 1,725 sq. ft., to include a
66 seat restaurant and 16 slip marina on 2.3 acres in the M -II Zoning District; and
WHEREAS, on April 8, 2014, Patricia McIntyre, Agent to the applicant, submitted
an application for Site Plan review; and
Southold Town Planninq Board 2 November 17, 2014
WHEREAS, at a Work Session held on April 21, 2014, the Planning Board
formally accepted the application for review; and
WHEREAS, on April 29, 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 May 22, 2014, the Architectural Review Committee reviewed the
application and approved it as submitted; and
WHEREAS, on May 28, 2014, the Southold Town Engineering Inspector reviewed
the proposed Site Plan to Chapter 236 and required additional information and
revisions to the Site Plan; and
WHEREAS, on May 29, 2014, the Southold Town Fire Inspector reviewed the
proposed Site Plan and determined that there was adequate fire protection and
emergency access for the site; and
WHEREAS, on May 29, 2014, the Cutchogue Fire Commissioners reviewed the
proposed Site Plan and determined that there was adequate fire protection and
emergency access for the site; and
WHEREAS, on June 2, 2014, a public hearing was held for the above -referenced
application and kept open; and
WHEREAS, on June 6, 2014, the Zoning Board of Appeals issued a decision for
File #SE6617, granting a Special Exception for a restaurant in an M -II Zoning
District with five (5) conditions: 1) Final Site Plan Approval by the Southold Town
Planning Board, the Suffolk County Department of Health Services, the New York
State Department of Environmental Conservation and any other regulatory agency
from which permits and approvals must be obtained; 2) Any future variance relief
from the Board of Appeals that may be required; 3) The Board reserves the right
to further review any changes in the intensity of use for the restaurant as
proposed in this application and described in this decision; 4) The Special
Exception Permit granted herein may involve a change in occupancy or a change
in use or a change within the classification of the occupancy. Therefore, as a
condition of approval, the Applicant must contact the Building Department to make
a determination whether or not a Building Permit is required and that changes will
Southold Town Planninq Board 3 November 17, 2014
be NYS Code compliant; and 5) The proposed deck additions, as noted on the
Site Plan by Marshall Paetzel, LA, stamped received by the Planning Board on
April 8, 2014, must remain open to the sky and may not be enclosed with any roof
or walls, either permanent or temporary; and
WHEREAS, on July 7, 2014, the public hearing continued for the above -
referenced application and was closed; and
WHEREAS, on August 19, 2014, the Southold Town Engineering Inspector
reviewed the proposed Site Plan to Chapter 236 and required additional
information and revisions to the Site Plan; and
WHEREAS, on August 19, 2014, the Southold Town Engineer provided a letter
regarding public hearing concern that the construction associated with this project,
specifically the raised bulkheads and septic system, will exacerbate the periodic
tidal inundation experienced in the New Suffolk waterfront area. The height of tidal
inundation is a function of the phase of the moon and the intensity and prevailing
direction of the wind. No amount of filling or bulk heading of this or any other
property in New Suffolk can have an appreciable effect on the ultimate height of
water during a normal tidal cycle or during a storm. Raised bulkheads and/or filled
property only serve to protect the individual property and comply with all applicable
building regulations; and
WHEREAS, on September 4, 2014, the applicant submitted a letter from the
Office of Parks, Recreation and Historic Preservation (OPRHP), dated August 22,
2014, stating that Section 4(b)(1) of the Conservation Easement (CE) specifically
allows construction of parking areas within the easement as a Permitted
Improvement. Under the CE, the New Suffolk Waterfront Fund retained rights to
establish five parking spaces and the OPRHP has no objection to the organization
counting those spaces toward the total number needed for all uses on the 2+ acre
property as long as park visitors are not prohibited from parking there; and
WHEREAS, on September 5, 2014, the Town of Southold Local Waterfront
Revitalization Program Coordinator reviewed the above -referenced project and
determined the proposed project to be consistent with Southold Town LWRP
Policies; and
WHEREAS, on September 25, 2014, the applicant submitted revised drainage
information and an up -dated Environmental Assessment Form (EAF) consistent
with Chapter 236 for Storm Water run-off; and
WHEREAS, on October 22, 2014, the Southold Town Trustees reviewed the
proposed application and issued Wetland Permit #8510 to permanently re -locate
the Galley -Ho and associated features and expires in October 2016; and
WHEREAS, on October 31, 2014, the New York State Department of
Environmental Conservation (NYSDEC) issued Tidal Wetlands Permit #1-4738-
01008/00025 to re -locate a 1'/z story marina accessory cafe, construct an addition
to the cafe including deck and stairs, install a retaining wall and a new sanitary
system; effective October 21, 2014 — October 20, 2019; and
Southold Town Planning Board 4 November 17, 2014
WHEREAS, on November 7, 2014, the applicant submitted a copy of the Site Plan
approved and stamped by the Suffolk County Department of Health Services on
November 6, 2014 for Mixed Use @ 2,189 gpd under Reference Number C10-14-
0004; and
WHEREAS, on November 14, 2014, the Southold Town Chief Building Inspector
reviewed and certified the proposed use of a restaurant as a permitted use in the
M -II Zoning District by Special Exception pursuant to ZBA File #SE6617 and
#6616; and
WHEREAS, on November 14, 2014, the Southold Town Chief Building Inspector
reviewed and certified the proposed use of a marina in the M -II Zoning District
pursuant to ZBA File #6616; and
WHEREAS, at their Work Session on November 17, 2014, the Southold Town
Planning Board determined that all applicable requirements of the Site Plan
Regulations, Article XXIV, §280 — 130 Site Plan Approval of the Town of Southold,
have been met; 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.
James Rich: Second.
Chairman Wilcenski: Motion made by Bill, second by Jim. Any discussion? All in
favor?
Ayes.
Chairman Wilcenski: Motion carries.
William Cremers: And be it further
RESOLVED, that the Southold Town Planning Board grants Approval with One
(1) Condition to the Site Plan entitled "New Suffolk Waterfront Fund", prepared by
Stacy Marshall Paetzel, dated April 7, 2014 and last revised September 25, 2014.
The Chairman is hereby authorized to endorse the Site Plan, including the
following four (4) pages of related plans:
Condition:
1. Coordinate with the Town Attorneys, Engineer Office and Planning
Department to complete the Drainage Easement.
Please also note the following requirements in the Southold Town Code relating to
Site Plans:
Southold Town Planning Board 5 November 17, 2014
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 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.
Martin Sidor: Second.
Chairman Wilcenski: Motion made by Bill, second by Martin. Any discussion? All
in favor?
Ayes.
Chairman Wilcenski: Motion carries. Our second Site Plan determination is for:
The Blue Inn - This proposed Amended Site Plan is to expand a current ±1,070
sq. ft. restaurant use to include being open to the public pursuant to ZBA File
SE6675. Also on site are an existing motel and inn on 1.37 acres in the Resort
Residential (RR) Zoning District. The property is located at 7850 NYS Route 25,
+/-250' w/o Old Orchard Lane & NYS Route 25, East Marion. SCTM#1000-31-6-
17.2
Martin Sidor:
WHEREAS, this proposed Amended Site Plan is to expand a current ±1,070 sq.
ft. restaurant use to include being open to the public pursuant to ZBA File
SE6675. Also on site are an existing motel and inn on 1.37 acres in the Resort
Residential (RR) Zoning District; and
Southold Town Planning Board 6 November 17, 2014
WHEREAS, on November 7, 2013, the Zoning Board of Appeals issued a
decision for File #SE6675, granting a Special Exception for a restaurant in an RR
Zoning District with fourteen (14) conditions. These conditions are included on the
Site Plan as follows:
All of the terms agreed to between the applicant, Samuel Glass, and the
Town of Southold, on July 21, 2011, as partially cited above, shall
remain in full force and effect; 2) This Special Exception Permit to
operate a limited seasonal restaurant open to both guests and non -
guests of the motel/inn, shall remain accessory to the principal motel/inn
use and shall be null and void if the motel/inn use is discontinued at any
time; 3) No enlargement of the existing footprint or the square footage
of the as -built restaurant building and/or the attached as -built patio is
permitted; 4) No more than a total of 48 patrons of the accessory
restaurant may be present on the subject property at any one given
time, including both guests of the motel/inn and members of the public,
whether seated or standing, both indoors and outdoors, including
people using any outdoor bar area or picnic tables; 5) Only registered
guests of the motel/inn may use the in -ground swimming pool; 6) No
special tour groups arriving by bus may dine at the subject restaurant; 7)
All parking for both guests of the motel/inn and the accessory restaurant
shall be on site; 8) A parking attendant will be on site during the hours of
operation of the accessory restaurant to direct restaurant patrons to
park their cars on site rather than parking on Main Road (NYS Rt. 25) or
Old Orchard Lane; 9) No signs will be placed on the property advertising
that there is a restaurant on the premises; 10) The restaurant will only
be open on Friday, Saturday and Sunday from the end of June until
Labor Day; 11) The temporary 3'/2 foot high wood wall and temporary
"plastic curtains" and netting will be installed at the end of June and
removed after Labor Day; 12) This Special Exception Permit is subject
to Site Plan review and approval by the Southold Town Planning Board.
If the Planning Board determines that the subject property is inadequate
to meet the parking, circulation, lighting and other required standards for
both the motel/inn and accessory restaurant use, then this Special
Exception Permit shall be null and void; 13) This Special Exception
Permit will expire one year from the date of this decision, at which time
a public hearing will be scheduled by the Zoning Board of Appeals for
further review, at the expense of the applicant, should he wish to
request a renewal. If the Applicant requires additional time to obtain Site
Plan Approval, the Applicant shall submit such a request to the Zoning
Board of Appeals in writing and must make a showing that it has
diligently proceeded with the Site Plan process and good cause for such
an extension. The Zoning Board of Appeals will consider a single
extension of time not to exceed six (6) months; 14) The Special
Exception Permit granted herein may involve a change in occupancy or
a change in use or a change within a classification of the occupancy.
Therefore, as a condition of approval, the applicant must contact the
Building Department to make the determination whether or not a
Building Permit is required and that changes will be NYS Code
compliant; and
Southold Town Planning Board 7 November 17, 2014
WHEREAS, on April 8, 2014, Samuel Glass, Owner, submitted an application for
Site Plan review; and
WHEREAS, at a Work Session held on April 21, 2014, the Planning Board
formally accepted the application for review; and
WHEREAS, on April 29, 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 May 16, 2014, the Southold Town Fire Inspector reviewed the
proposed Site Plan and determined that there was adequate fire protection and
emergency access for the site; and
WHEREAS, on May 28, 2014, the Southold Town Engineering Inspector reviewed
the proposed Site Plan to Chapter 236 and required no additional information due
to the fact that no construction of impervious surfaces or expansion of a footprint
was proposed on the Site Plan; and
WHEREAS, on May 30, 2014, the East Marion Fire Commissioners reviewed the
proposed Site Plan and determined that there was adequate fire protection but
required some site work from the Applicant to improve emergency access for the
site. The Planning Board required specific tree trimming and access
improvements which were completed by the Applicant; and
WHEREAS, on June 2, 2014, a public hearing was held for the above -referenced
application and kept open; and
WHEREAS, on July 7, 2014, the public hearing continued for the above -
referenced application and was closed; and
WHEREAS, on July 16, 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 November 14, 2014, the Southold Town Chief Building Inspector
reviewed and certified the proposed use of a restaurant as a permitted use in the
RR Zoning District by Special Exception pursuant to ZBA File #SE6675; and
Southold Town Planning Board 8 November 17, 2014
WHEREAS, at their Work Session on November 17, 2014, the Southold Town
Planning Board determined that all applicable requirements of the Site Plan
Regulations, Article XXIV, §280 — 130 Site Plan Approval of the Town of Southold,
have been met; 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.
William Cremers: aSecond.
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 with Two
(2) Conditions to the survey for SCTM#1000-31-6-17.2 entitled "The Blue Inn at
North Fork Site Plan", with hand drawn features by Mary O'Brien, dated
September 2, 2014 and last revised October 2, 2014. The Chairman is hereby
authorized to endorse the Site Plan.
Conditions:
1. The subject site must maintain compliance with all noise ordinances
within the Town Code;
2. Access to Old Orchard Lane is prohibited Friday — Sunday while the
restaurant is in operation. The existing gate shall be closed during
these times and used for emergency purposes only.
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.
Southold Town Planninq Board 9 November 17, 2014
4. Approved Site Plans are valid for eighteen 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, second by Bill. Any discussion? All
in favor?
Ayes.
Chairman Wilcenski: Motion carries. With no further business to this Special
Meeting, I need a motion for adjournment.
William Cremers: So moved.
Martin Sidor: Second.
Chairman Wilcenski: Motion made by Bill, second by Martin. Any discussion? All
in favor?
Ayes.
Chairman Wilcenski: Motion carries. Thank you.
Respectfully Submitted,
Donald Wilcenski
Chairman
Lori McKiernan
Transcribing Secretary