HomeMy WebLinkAboutPB-11/03/2014PLANNING BOARD MEMBERS
DONALD J. WILCENSKI
Chair
WILLIAM J. CREMERS
PIERCE RAFFERTY
JAMES H. RICH III
MARTIN H. SIDOR
'r3f SO!/ryo
y�aurm,�'tJ''
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
PUBLIC MEETING
MINUTES
NOVEMBER 3, 2014
4:30 p.m.
Present were: James H. Rich III, Vice -Chairman
William J. Cremers, Member
Pierce Rafferty, Member
Martin H. Sidor, Member
Heather Lanza, Planning Director
Brian Cummings, Planner
Alyxandra Sabatino, Planner
Carol Kalin, Secretary
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: 631 765-1938
www. s outholdtownny. gov
SGC'.""""ill r'lerb
Vice -Chairman Rich: Good evening, ladies and gentlemen. Welcome to the regularly
scheduled Southold Town Planning Board Public Meeting of November 3, 2014. Our first
order of business is:
SETTING OF THE NEXT PLANNING BOARD MEETING
Board to set Monday, December 15, 2014 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.
Martin Sidor: Second.
Vice -Chairman Rich: Motion made by Bill, seconded by Martin. Any discussion? All in favor?
Ayes.
Southold Town Planning Board [2] November 3, 2014
Vice -Chairman Rich: Motion is passed.
SET HEARINGS
Vice -Chairman Rich: Ski Standard Subdivision - This proposal is for a Standard
Subdivision of a 4.98 acre parcel into two lots where Lot 1 = 3.05 acres and Lot 2 = 1.93
acres located in the R-80 Zoning District. The property is located on the corner of Montauk
and Oriental Avenues, approximately 1,800 feet east of Peninsula Road, Fishers Island.
SCTM#1000-10-10-8.1
Pierce Rafferty: I would like to offer the following resolution:
WHEREAS, this proposal is for a Standard Subdivision of a 4.98 acre parcel into two lots
where Lot 1 = 3.05 acres and Lot 2 = 1.93 acres located in the R-80 Zoning District; be it
therefore
RESOLVED, that the Southold Town Planning Board sets Monday, December 15, 2014 at
4:31 p.m. for a Public Hearing upon the map entitled Preliminary Plat for Ski Standard
Subdivision prepared for Jane Chemerynski, Diane Blomquist & Jimmy Przybrowski",
prepared by Richard M. Strouse, Land Surveyor, dated September 29, 2014.
William Cremers: Second.
Vice -Chairman Rich: Motion made by Pierce, seconded by Bill. Any discussion? All in favor?
Ayes.
Vice -Chairman Rich: Opposed? Motion is passed.
Vice -Chairman Rich: 170 Moore's Lane Realty Corp. - This Site Plan is for a proposed 60'
x 19' (1,140 sq. ft.) office addition to an existing 129'x 125' warehouse building on 1.2 acres
in the LI Zoning District. The property is located at 170 Moore's Lane, ±130' n/w/o Moore's
Lane & NYS Route 25, Greenport. SCTM#1000-45-7-3
Martin Sidor:
WHEREAS, this Site Plan is for a proposed 60'x 19' (1,140 sq. ft.) office addition to an
existing 129' x 125' warehouse building on 1.2 acres in the Light Industrial Zoning District,
Greenport; be it therefore
RESOLVED, that the Southold Town Planning Board sets Monday, December 15, 2014 at
4:32 p.m. for a Public Hearing regarding the Survey for SCTM# 1000-45-7-3, dated
January 8, 2014, last revised October 14, 2014, prepared by Nathan Taft Corwin III.
Martin Sidor: So moved.
William Cremers: Second.
Southold Town Planninq Board [3] November 3, 2014
Vice -Chairman Rich: Motion made by Martin, seconded by Bill. Any discussion? All in favor?
Ayes.
Vice -Chairman Rich: Opposed? Motion so carried.
STATE ENVIRONMENTAL QUALITY REVIEW — Negative Declaration
SUBDIVISIONS - FINAL DETERMINATIONS
Vice -Chairman Rich: Josephson, Zapf & Dow - This proposed Lot Line Modification
transfers 0.01 acre from SCTM#1000-17-2-6.1 to SCTM#1000-17-2-1.9. Lot 6.1 will
decrease in size from 2.68 acres to 2.67 acres; Lot 1.9 will increase from 2.02 acres to 2.03
acres located in the R-40 Zoning District. The property is located on the east side of Birds
Eye Road, approximately 500 feet north of New York State Route 25, Orient.
William Cremers: Mr. Vice -Chairman, I offer the following resolution:
WHEREAS, this proposed Lot Line Modification transfers 0.01 acre from SCTM#1000-17-2-
6.1 to SCTM#1000-17-2-1.9. Lot 6.1 will decrease in size from 2.68 acres to 2.67 acres, Lot
1.9 will increase from 2.02 acres to 2.03 acres located in the R-40 Zoning District; and
WHEREAS, on August 29, 2014, a Lot Line Modification Application was submitted; and
WHEREAS, on September 22, 2014, at their Work Session, the Planning Board reviewed the
application and found it complete and agreed to set the public hearing for the October 6,
2014 public meeting; and
WHEREAS, on October 6, 2014, the Planning Board held and closed the public hearing; and
WHEREAS, the Southold Town Planning Board, pursuant to Town Code §240-56, Waivers
of Certain Provisions, may waive certain elements of the subdivision review if in its judgment
they are not requisite in the interest of the public health, safety and general welfare. After
reviewing the information submitted for this application, the Planning Board has determined
that it is eligible for a waiver of the Environmental Resources Site Analysis Plan (ERSAP),
the Primary and Secondary Conservation Area Plan, the public hearing, and the Sketch Plan
and Preliminary Plat steps of the subdivision process for the following reasons:
1. No new lots are being created;
2. No changes will occur as a result of this Lot Line Change that would adversely affect
the character of the neighborhood; and
WHEREAS, the Planning Board performed an uncoordinated review of this Unlisted Action
pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality Review Act
(SEQRA); and
WHEREAS, pursuant to the Lot Line Modification Policy set by the Planning Board in
February 2011, this application is eligible for a decision from the Planning Board prior to
receiving approval by the Suffolk County Department of Health Services (SCDHS) as it
meets the following criterion set forth in that policy:
Southold Town Planning Board [4] November 3, 2014
• where no new development potential will be created in the parcel to which the land is
transferred; and
WHEREAS, on October 20, 2014, at their Work Session, the Planning Board determined that
the proposed action meets all the necessary requirements of Town Code §240-57 for a Lot
Line Modification, be it therefore
RESOLVED, that the Southold Town Planning Board, pursuant to SEQRA, hereby makes a
determination of non -significance for the proposed Lot Line Modification and grants a
Negative Declaration.
William Cremers: So moved.
Martin Sidor: Second.
Vice -Chairman Rich: Motion made by Bill, seconded by Martin. Any discussion? All in favor?
Ayes.
Vice -Chairman Rich: Opposed? Motion so passed.
William Cremers: And be it further
RESOLVED, that the Southold Town Planning Board hereby waives the requirements of
Town Code §240 to submit the ERSAP, Primary and Secondary Conservation Plans, Sketch
Plan and Preliminary Plat steps.
Martin Sidor: Second.
Vice -Chairman Rich: Motion made by Bill, seconded by Martin. Any discussion? All in favor?
Ayes.
Vice -Chairman Rich: Opposed? Motion is passed.
William Cremers: And be it further
RESOLVED, that the Southold Town Planning Board hereby waives the requirement for
SCDHS approval prior to Planning Board approval of this Lot Line Modification.
Martin Sidor: Second.
Vice -Chairman Rich: Motion made by Bill, seconded by Martin. Any discussion? All in favor?
Ayes.
Vice -Chairman Rich: Opposed? Motion is passed.
William Cremers: And be it further
Southold Town Planninq Board [5] November 3, 2014
RESOLVED, that the Southold Town Planning Board grants Final Approval on the maps
entitled "Lot Line Modification Map of Property Situate Orient", prepared by Nathan Taft
Corwin III, Land Surveyor, dated July 7, 2014, and authorizes the Chairman to endorse the
map.
Martin Sidor: Second.
Vice -Chairman Rich: Motion made by Bill, seconded by Martin. Any discussion? All in favor?
Ayes.
Vice -Chairman Rich: Opposed? Motion is passed.
SUBDIVISIONS - SKETCH DETERMINATIONS
Vice -Chairman Rich: Harold R. Reeve & Sons, Inc. - This proposal is for a standard
subdivision of a 5.1 acre split -zoned parcel into 4 lots where Lot 1 equals 1 acre inclusive of
0.1 acres of unbuildable land, Lot 2 equals 1 acre inclusive of 0.1 acres of unbuildable land,
Lot 3 equals 1 acre inclusive of 0.04 acres of unbuildable land located in the R-40 Zoning
District and Lot 4 equals 1.8 acres located in both the R-40 and B Zoning Districts. A 0.3 acre
proposed private road, Creek View Lane, is located on the northeast side of the subdivision
off of Wickham Avenue. This proposal includes a Change of Zone Application where the
zoning on Lot 4 is proposed to change from the R-40 and B Zoning Districts to the LB Zoning
District. The property is located at 1605 Wickham Avenue, on the n/s/o County Road 48,
approximately 190' w/o Wickham Avenue, Mattituck. SCTM#1000-140-1-6
Pierce Rafferty:
WHEREAS, this proposal is for a Standard Subdivision of a 5.1 acre split -zoned parcel into 4
lots where Lot 1 equals 1 acre inclusive of 0.1 acres of unbuildable land, Lot 2 equals 1 acre
inclusive of 0.1 acres of unbuildable land, Lot 3 equals 1 acre inclusive of 0.04 acres of
unbuildable land located in the R-40 Zoning District and Lot 4 equals 1.8 acres located in
both the R-40 and B Zoning Districts. A 0.3 acre proposed private road, Creek View Lane, is
located on the northeast side of the subdivision off of Wickham Avenue. This proposal
includes a Change of Zone Application where the zoning on Lot 4 is proposed to change
from the R-40 and B Zoning Districts to the LB Zoning District; and
WHEREAS, on February 18, 2014, the agent submitted the Sketch Plan Application and
Sketch Plans; and
WHEREAS, on March 10, 2014, the Planning Board, at their Work Session, reviewed the
application and found it incomplete with the following map changes to be made:
1. The required lot width in the R-40 Zone is 150' wide, as shown in the Bulk Schedule.
The lot width of proposed Lot 3, measured as the distance between side lot lines, is
145' wide. The width of proposed Lot 3 does not meet either the Bulk Schedule or the
lot width definition pursuant to §280-4 Definitions of the Southold Town Code.
Southold Town Planninq Board [6] November 3, 2014
2. Pursuant to §240-24 (D) (1), the proposed flag located on Lot 1 must be excluded
from the buildable land calculation; and
WHEREAS, on March 27, 2014, the agent submitted a letter detailing the lot width definition
and flag lot's definition; and
WHEREAS, on April 21, 2014, the Planning Board, at their Work Session, reviewed the
agent's letter in detail and found that the Town Attorney must review the lot width definition;
and
WHEREAS, on May 12, 2014, the Planning Board informed the agent, that after review with
the Town Attorney, the Board agreed to accept the yield of the property; and
WHEREAS, on May 19, 2014, the Planning Board discussed the proposed zone change with
the applicant and agreed that before a Sketch Plan determination is made, the applicant
must discuss the zone change with members of the Town Board in further detail; and
WHEREAS, the agent discussed the proposed zone change with members of the Town
Board, and the Town Board agreed to consider a petition to change the zone from
Residential -40 and Business to Limited Business; and
WHEREAS, the Planning Board, at their October 20, 2014 Work Session, found 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 Howard W. Young, Land Surveyor, entitled
"Subdivision Map of Harold R. Reeve and Sons, Inc.", dated October 25, 2013 and last
revised January 23, 2014, with the following conditions:
1. Submission of all Preliminary Plat requirements pursuant to §240-16 Submission
and §240-17 Technical Requirement of the Southold Town Code.
2. Continue with the next steps of the petition to the Town Board to amend the zoning
district on a portion of the subject parcel from Residential -40 and Business to
Limited Business so that the matter may be scheduled for a public hearing prior to
the Preliminary Plat public hearing.
William Cremers: Second.
Vice -Chairman Rich: Motion made by Pierce, seconded by Bill. Any discussion? All in favor?
Ayes.
Vice -Chairman Rich: Opposed? Motion is carried.
SKETCH APPROVAL EXTENSION
Vice -Chairman Rich: The Orchards - This proposal is for a Standard Subdivision to
subdivide a 13 acre parcel into five lots where Lot 1 = 9.4 acres including a 1.4 acre building
Southold Town Planning Board [7] November 3, 2014
envelope and 8 acres of preserved Open Space, Lot 2 = 0.9 acres, Lot 3 = 1.1 acres, Lot 4 =
0.9 and Lot 5 = 0.9 acres in the R-80 Zoning District. The property is located at 2595 Orchard
Street, Orient. SCTM#1000-27-1-3
Martin Sidor:
WHEREAS, on March 10, 2014, the Southold Town Planning Board granted Conditional
Sketch Plan Approval upon the map entitled "Sketch Plan: The Orchards", dated June 15,
2013, prepared by John C. Ehlers, Land Surveyor, with two conditions; and
WHEREAS, on September 10, 2014, Conditional Sketch Plan Approval expired; and
WHEREAS, on October 24, 2014, the agent submitted a request for an Extension of Sketch
Approval due to Health Department delays; be it therefore
RESOLVED, that the Southold Town Planning Board hereby grants an Extension of
Conditional Sketch Plan Approval for six (6) months through February 10, 2015 upon
the map entitled "Sketch Plan: The Orchards", dated June 15, 2013, prepared by John C.
Ehlers, Land Surveyor.
William Cremers: Second.
Vice -Chairman Rich: Motion made by Martin, seconded by Bill. Any discussion? All in favor?
Ayes.
Vice -Chairman Rich: Opposed? Motion is carried.
SITE PLAN DETERMINATIONS
Vice -Chairman Rich: Peconic Landing Addition - This Amended Site Plan is for the
proposed construction of two new buildings at Peconic Landing, an existing continuing care
retirement community with 118 cottages, 132 apartments, 26 assisted living and 44 skilled
nursing beds currently. The additions include an 87,426 sq. ft. apartment building with 46
apartments and a parking garage, and a 35,543 sq. ft. nursing home with 33 beds, including
a reconfiguration of the parking lot on 144 acres in the Hamlet Density Zoning District. The
property is located at 1205 NYS Route 25, 1,121' east of Sound Road, Greenport.
SCTM#1000-35-1-25
William Cremers:
WHEREAS, this Amended Site Plan is for the proposed construction of two new buildings at
Peconic Landing, an existing continuing care retirement community with 118 cottages, 132
apartments, 26 assisted living and 44 skilled nursing beds currently. The additions include an
87,426 sq. ft. apartment building with 46 apartments and a parking garage, and a 35,543 sq.
ft. nursing home with 33 beds, including a reconfiguration of the parking lot on 144 acres in
the Hamlet Density Zoning District; and
Southold Town Planning Board [8] November 3, 2014
WHEREAS, on April 2, 2013, the Zoning Board of Appeals issued a decision for File #6591,
granting an Area Variance for a 3 -story apartment building where a maximum 2-'/Z story
building is permitted; and
WHEREAS, on October 23, 2013, Charles Cuddy, Esq., agent to the applicant, submitted an
amended application for Site Plan review; and
WHEREAS, at a Work Session held on December 16, 2013, the Planning Board reviewed
the application and determined it incomplete, requiring further information and revisions to
the Site Plan; and
WHEREAS, on January 2, 2014, Charles Cuddy, Esq. submitted a portion of the required
materials and information to the Planning Department for review; and
WHEREAS, on January 27, 2014, Charles Cuddy, Esq. submitted a portion of the required
materials and information to the Planning Department for review; and
WHEREAS, on February 26, 2014, Charles Cuddy, Esq. submitted the majority of required
materials and information to the Planning Department for review; and
WHEREAS, at a Work Session held on March 10, 2014, the Planning Board formally
accepted the application for review; and
WHEREAS, on March 11, 2014, Charles Cuddy, Esq. submitted the last remaining required
materials and information to the Planning Department for review; and
WHEREAS, on March 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, on March 17, 2014, the Southold Town Planning Board, pursuant to 6 NYCRR
Part 617, Section 617.7 of the State Environmental Quality Review Act (SEQRA), initiated
the SEQRA Lead Agency coordination process for this Type I Action; and
WHEREAS, on March 19, 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 March 24, 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 March 27, 2014, the Southold Town Trustees reviewed the proposed
application and determined that the construction of the two new buildings which included an
additional apartment complex of 46 rooms, a 17 room expansion of the nursing facility and a
new addition for a 16 room memory care unit is out of the Wetland Jurisdiction under
Chapter 275 and Chapter 111 of the Town Code; and
WHEREAS, at the request of the Planning Board, on April 1, 2014, the Chief Building
Inspector determined the use to be a continuing care facility and life care community. The
Southold Town Planning Board [9] November 3, 2014
minimum lot size should be applied to each building to meet bulk schedule requirements and
shall also meet lot coverage, sanitary and parking requirements; and
WHEREAS, on April 14, 2014, the Suffolk County Planning Commission reviewed the Site
Plan Application and approved the amended application as submitted; and
WHEREAS, on April 25, 2014, the Architectural Review Committee reviewed the application
and approved it as submitted; and
WHEREAS, on May 1, 2014, the New York State Department of Environmental Conservation
(NYSDEC) provided a letter of Non -Jurisdiction for the proposed project; and
WHEREAS, on May 5, 2014, the Planning Board declared Lead Agency status for the
coordinated SEQRA review of this Type I Action; and
WHEREAS, on May 5, 2014, a public hearing was held for the above -referenced application
and kept open; and
WHEREAS, on June 2, 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
above -referenced application and determined that the proposed drainage meets the
minimum requirements of Chapter 236 for Storm Water Management; and
WHEREAS, on September 19, 2014, the Southold Town Chief Building Inspector reviewed
and certified the proposed uses of a Continuing Care Facility and Life Care Community as
permitted uses in the HD Zoning District; and
WHEREAS, on September 26, 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 September 29, 2014, the Planning Board completed a coordinated review of
this Type I Action pursuant to SEQRA and made a determination of non -significance for the
proposed action, granting a Negative Declaration; and
WHEREAS, on October 24, 2014, the applicant submitted a copy of the Site Plan approved
and stamped by the Suffolk County Department of Health Services on October 21, 2014 for
Mixed Use @ 11,850 gpd under Reference Number C10-13-0009; and
WHEREAS, at their Work Session on November 3, 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: So moved.
Southold Town Planning Board [10] November 3, 2014
Martin Sidor: Second.
Vice -Chairman Rich: Motion made by Bill, seconded by Martin. Any discussion? All in favor?
Ayes.
Vice -Chairman Rich: Motion is passed.
William Cremers: And be it further
RESOLVED, that the Southold Town Planning Board grants approval to the Site Plan
entitled "Life Care Community Expansion Peconic Landing at Southold", prepared by Young
and Young. The Chairman is hereby authorized to endorse the Site Plan, including the
following nineteen (19) pages of related plans:
1. Sheet 1 of 11 — Cover; dated May 25, 2013 / last revised March 19, 2014
2. 2 of 11 — Alignment & Lighting Plan; October 18, 2013 / September 11, 2014
3. 3 of 11 — Grading & Drainage; June 19, 2013 / June 26, 2014
4. 4 of 11 — Grading & Drainage; June 19, 2012 / March 19, 2014
5. 5 of 11 — Details; June 19, 2012 / March 19, 2014
6. 6 of 11 — Details; June 19, 2012 / March 19, 2014
7. 7 of 11 — Details; June 19, 2012 / March 19, 2014
8. 8 of 11 — Sanitary Sewer Profiles; March 19, 2014
9. 9 of 11 — Existing Conditions Plan; October 18, 2013 / March 19, 2014
10. 10 of 11 — Demolition Plan; February 12, 2014 / March 19, 2014
11. 11 of 11 — Demolition Plan; February 12, 2014 / March 19, 2014
12. L-100 — Landscape Plan; March 31, 2014 / September 4, 2014
13.A101 — 1St Floor Plan Independent Living Addition; Dec. 23, 2013 / July 19, 2013
14.A-101— Parking Garage Plans Independent Living Addition; June 11, 2012
15.A-101.00 — 1St Floor Plan Healthcare Addition; December 16, 2013
16.A102 — 2nd Floor Plan Independent Living Addition; Dec. 23, 2013 / July 19, 2013
17.A103 — 2nd & 3rd Floor Plan; Independent Living Addition; Dec. 23, 2013 / July 19,
2013
18.A201 — Building Elevations Independent Living Addition; Dec. 23, 2013 / July 19, 2013
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 [11] November 3, 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.
Martin Sidor: Second.
Vice -Chairman Rich: Motion made by Bill, seconded by Martin. Any discussion? All in favor?
Ayes.
Vice -Chairman Rich: Opposed? Motion is carried.
OTHER — Revision to Approved Site Plan
Vice -Chairman Rich: Peconic Recycling & Transfer II - This Approved Site Plan is for new
construction of a building that includes 32,000 sq. ft. of warehouse space and 2,200 sq. ft. of
office space for a transfer station use on a vacant 118,164.2 sq. ft. parcel in the LIO Zone
located at the north intersection of Corporate Road and Commerce Drive known, as 560
Commerce Drive, in Cutchogue. SCTM#1000-95-2-5
Pierce Rafferty:
WHEREAS, this Approved Site Plan is for new construction of a building that includes 32,000
sq. ft. of warehouse space and 2,200 sq. ft. of office space for a transfer station use on a
vacant 118,164.2 sq. ft. parcel; and
WHEREAS, Peconic Recycling & Transfer Corp., is the applicant of the 2.1 -acre parcel in the
LIO Zone, owned by Commerce East One, LLC, located at the north intersection of
Corporate Rd. & Commerce Dr., known as 560 Commerce Drive, Cutchogue; and
WHEREAS, on August 11, 2008, the Southold Town Planning Board granted approval on the
Site Plan entitled "Peconic Recycling and Transfer" prepared by Michael K. Dunn, dated July
8, 2007; and
WHEREAS, on August 11, 2011, the Site Plan Approval expired; and
WHEREAS, on May 2, 2013, the Southold Town Planning Board granted an Extension of
Site Plan Approval from August 11, 2011 to March 18, 2014 on the Site Plan entitled
"Peconic Recycling and Transfer" prepared by Michael K. Dunn, dated July 8, 2007, with one
(1) condition: Submit a lighting plan for Planning Board approval that conforms to §172 of the
Town Code within 60 days of the date of this resolution; and
Southold Town Planninq Board [12] November 3, 2014
WHEREAS, on August 29, 2013, approval from the Suffolk County Department of Health
Services (SCDHS) was received under File #C10-13-0002 at 1,407 gpd for a Warehouse
with Office; and
WHEREAS, on December 11, 2013, the condition to the Site Plan Approval Extension was
satisfied by the submission made by Jonathan DiVello, owner, and
WHEREAS, on December 13, 2013, Town Building Permits were issued to the applicant; and
WHEREAS, on March 18, 2014, the Extension of Site Plan Approval expired; and
WHEREAS, in a letter, dated April 24, 2014, the applicant, Jon DiVello, requested an
Extension of Site Plan Approval for one (1) year; and
WHEREAS, on May 5, 2014, the Southold Town Planning Board granted an Extension of
Site Plan Approval from March 18, 2014 to March 18, 2015 on the Site Plan entitled "Peconic
Recycling and Transfer" prepared by Michael K. Dunn, dated July 8, 2007; and
WHEREAS, in an e-mail, dated July 18, 2014, the applicant, Jon DiVello, requested a
revision to the Approved Site Plan; and
WHEREAS, on July 21, 2014, the Planning Board reviewed the proposed revision at a Work
Session and required additional information; and
WHEREAS, on August 19, 2014, the applicant submitted a portion of the required materials;
and
WHEREAS, on September 22, 2014, the Planning Board reviewed the proposed revised Site
Plan at a Work Session with the applicant and required information to be submitted in
addition to the requirements not yet received; and
WHEREAS, on October 20, 2014, the Planning Board reviewed submitted materials at a
Work Session and required minor revisions to the revised Site Plan; and
WHEREAS, on October 30, 2014, the applicant submitted the remainder of the required
materials and information to the satisfaction of the Planning Board; and
WHEREAS, the revised Site Plan is for the purpose of illustrating approved changes to the
original Approved Site Plan with approval stamp dated August 18, 2008. All approved
changes are so noted on the revised plan. The Approved Site Plan with approval stamp,
dated August 18 2008 remains in effect for all other details that are not specifically noted as
a change on the revised plan. All approved changes are noted as proposed or new on the
revised plan, except the building which is not changing from the approved plan; therefore be
it
RESOLVED, the Southold Town Planning Board grants Approval to the revisions to the
Approved Site Plan as shown on the plan entitled "Peconic Recycling; Revision to Approved
Site Plan" prepared by David DiGiovanni, dated November 26, 2013 and last revised
September 29, 2014, including the following two (2) plans:
Southold Town Planning Board [13] November 3, 2014
1. SP -1 Revision to Approved Site Plan
2. SP -2 Revision to Approved Landscape Plan
William Cremers: Second.
Vice -Chairman Rich: Motion made by Pierce, seconded by Bill. Any discussion? All in favor?
Ayes.
Vice -Chairman Rich: Opposed? Motion is passed.
PUBLIC HEARINGS
Vice -Chairman Rich: 4:31 p.m. - The Estate of Albert H. Gordon - This proposed Lot Line
Change will transfer 0.58 acres from SCTM#1000-9-7-8.2 to SCTM#1000-9-7-8.3. Lot 8.3 will
increase from 0.30 acres to 0.87 acres and Lot 8.2 will decrease from 3.56 acres to 2.9 acres
located in the R-80 Zoning District. The properties are located on the corner of Halcyon and
Oceanic Avenues, Fishers Island.
Anyone wishing to address the Planning Board on this, step forward, state your name, write
your name and remember you are addressing the Planning Board, not the audience. Thank
you.
Patricia Moore, Esq.: Good evening. Patricia Moore on behalf of the Estate of Albert H.
Gordon. You accurately described this proposed Lot Line Change. The family - Mr. Gordon,
when he passed away, had intended for the two homes to have property sizes that were in
practice rather than in fact. So, this Lot Line Change will enable to the two homes to have
their property lines reflect the historic use by the family. If anyone has any questions, I'd be
happy to address them. Thank you.
Vice -Chairman Rich: Thank you. Anyone wish to address the Planning Board on this issue?
Anyone on the Planning Board have any questions for Mrs. Moore? No?
William Cremers: I make a motion to close the hearing.
Martin Sidor: Second.
Vice -Chairman Rich: We have a motion to close the hearing from Bill, seconded by Martin.
Any discussion? All in favor?
Ayes.
Vice -Chairman Rich: Opposed? Motion is closed.
Vice -Chairman Rich: 4:3_2_ p.m. - Fishers Island Utility Company & Coleman - This
proposed Lot Line Change will transfer 0.02 acres from SCTM#1000-9-2-13.1 to
SCTM#1000-9-2-15. Lot 15 will increase from 1.28 acres to 1.29 acres and Lot 13.1 will
decrease from 7.13 acres to 7.12 acres located in the R-80 Zoning District. The properties
are located on the corner of Crescent and Central Avenues on Fishers Island.
Southold Town Planning Board [14] November 3, 2014
Vice -Chairman Rich: Anyone wishing to address the Board?
Patricia Moore, Esq.: Again, good evening. Patricia Moore on behalf of Fishers Island Utility
Company & Coleman. This Lot Line Change will correct an accessory structure, the setbacks
of which were built with a survey that was in error. So, this Lot Line Change will correct a
long standing possible encroachment. So, this will resolve any further encroachment. Thank
you.
Vice -Chairman Rich: Anybody wishing to address the Planning Board on this issue? Anybody
from the Planning Board have any questions? No?
Martin Sidor: I make a motion to close the hearing.
William Cremers: Second.
Vice -Chairman Rich: We have a motion made by Martin to close the hearing, seconded by
Bill. Any discussion? All in favor?
Ayes.
Vice -Chairman Rich: Opposed? That hearing is closed.
Vice -Chairman Rich: 4:33 p.m. - Belle River Properties, LLC - This Site Plan is for the
proposed construction of a 48'x 36'4 -stall horse barn for owner use on Southold Town
Development Rights land; 22.8 acres in the A -C Zoning District. The property is located at
1350 Alvah's Lane, ±1,190' n/w/o Alvah's La. & NYS Rt. 25, Cutchogue. SCTM#1000-102-4-
6.1
Vice -Chairman Rich: Anyone wishing to address the Planning Board please step forward.
State your name, and write it down. Thank you.
William Kelly: Bill Kelly, Southold, authorized agent for the owners. I'm just here to answer
any questions that the Board might have.
Vice -Chairman Rich: Anybody wish to address the Board on this issue? Does the Planning
Board have any questions? No?
William Cremers: I make a motion to close the hearing.
Martin Sidor: Second.
Vice -Chairman Rich: Motion made by Bill, seconded by Martin to close the hearing. Any
discussion? All in favor?
Ayes.
Vice -Chairman Rich: Opposed? The hearing is closed.
Southold Town Planninq Board [15] November 3, 2014
Vice -Chairman Rich: 4_:34 p.m. - Tuthill Conservation Subdivision - This proposal is for an
80/60 Conservation Subdivision Open Development Area of four parcels SCTM#s1000-17-4-
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 F of the Southold Town Code.
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 acre 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#1000-17-4-14.2 (South Dyer) equals 35.3 acres proposed to be subdivided into 6 lots
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.
Vice -Chairman Rich: Anyone wishing to address the Planning Board on this issue, step to the
podium. State your name clearly, and address any comments to the Board. After all
comments have been made, please write your name and address and the next person can
speak. Please direct all comments to the Planning Board. Thank you.
Robert Hanlon: Good afternoon. My name is Robert Hanlon. I'm the President of The Orient
Association. I live in Orient. The Orient Association recognizes and welcomes the efforts and
commitment that the Tuthill family has shown in their proposal for a Conservation Subdivision
project that preserves so much of the open land in our hamlet. We appreciate the time,
money and sense of community that has been devoted to creating this proposal to date. The
association also appreciates the efforts that the Planning Department Staff and the Planning
Board have taken to carefully review this proposal.
Because this project is so important and holds so much promise of benefit to the community,
it is important that the decision process take into consideration the key elements essential for
sound planning. Examination of water issues, drainage, relationship to nearby properties and
impact upon the environment all need to be carefully weighed. Critical among these factors is
the effect on the scenic vista that is such an integral part of the character of Orient, and the
Town of Southold in general. We applaud the Planning Board's direction that a study be
Southold Town Planning Board [16] November 3, 2014
done simulating the effect that construction of houses would have on that scenic vista, and
we look forward to reviewing that study as soon as it is completed and submitted.
The public hearing process for projects of this type is an essential element of good planning.
The community needs an opportunity to provide input to the Town policy makers and the
agencies that carry out those policies. But to be most effective, this process should be
thoughtful and well-informed. Community members have a duty to base their responses on a
careful review of the plans submitted, as well as the various studies and reports that interpret
these plans.
Because of this, public input on this proposal needs to reflect certain essential information
that is not yet available. Studies being done relating to the proposal are not yet complete and
not yet available for public review. This includes the View Shed Simulation Study that the
Board has wisely required. These reports may address many of the issues that are most
important to the community, and may alleviate concerns or highlight critical issues that need
to be addressed.
The Orient Association asks that the Planning Board leave this hearing open until the View
Shed Analysis and any other pending analyses are completed, and the public has a brief
period to review the material. An adjourned date for this hearing, after the completion of
today's session, should then be scheduled. In this manner, the community can fulfill its
obligation to provide informed and thoughtful response to this most important and potentially
beneficial project. Thank you.
Vice -Chairman Rich: Be sure to sign your name. Does anyone from this side of the room
wish to speak? Please.
John Dispenza: John Dispenza, 580 Oysterponds Lane. I'm not here to speak about how this
may impact me personally. There's some financial impact, because I look directly out on that
project. But what he was saying there also I want to echo that. The family has been great
stewards of this land for many, many years. I'm concerned about the law of unintended
consequences to the view. Coming across Orient, right now, when you look out across the
farm field, you look out east, a couple of tiny, little houses. What's being built today are large,
McMansions everywhere. And in the event the proposal goes through, we will have a wall of
McMansions. We will look like Southampton and Sagaponack. So, if this is approved, at the
least, maybe the Town or the family could have some type of covenant to the size of these
homes, and the design of the homes because I think, coming across the causeway, a wall of
six houses will change the character of the Town forever. And again, the law of unintended
consequences, no matter what good intensions people have, the future changes and then it's
irrevocable at that point. Thank you.
Vice -Chairman Rich: Thank you. Anyone from this side?
Glynis Berry: I'm Glynis Berry. I'm also the Executive Director of Peconic Green Growth and
I'm going to be talking both as a resident of Orient, and also relative to a project we're doing.
First of all, I look at a lot of Site Plans, and I have to say that, these proposals are extremely,
sensitively done. And I commend the effort and the thought that went into them. I really do
think they're a very good plan. Be that as it may, talking about the South Dyer parcel, I was
also on the Hamlet Study and that parcel is the Number One site that everybody wants to
Southold Town Planning Board [17] November 3, 2014
protect. It's sort of iconic. It represents Orient. And I think it's also one of the most important
scenic things in the whole Town of Southold. So, it is an extremely, valuable view. So, how
do we honor the owner's wishes, and at the same time, protect it as much as possible? And
the first thing is, that one lot that's on 25, that's to the west of the existing house, if we can
get rid of that, because that's going to have a huge impact on the view.
Heather Lanza: Is that the lot you're talking about?
Glynis Berry: No, the one on 25. Yes, that one. That's going to have a huge impact.
Heather Lanza: That's actually not a buildable lot there. It's a long story, but that is
Subdivision Open Space that is being proposed to be landed there; that goes with the
existing house that's already there on the other side of the proposed road. So, you wouldn't
see a house out there.
Glynis Berry: OK, great! OK, one thing down. The other thing is, we have the opportunity
here. They own those three other beautiful pieces of property. Can we transfer some more to
those other properties, especially the two northern ones? They're more suitable for housing
because both of the southern lots are quite shallow depths to ground water. So, there are
issues there both in flooding and in the septic going down to ground water. So, if we can
reduce the number and transfer those lots to one of the other two northern ones, that would
be fantastic. And then as a third suggestion, can we make those lots smaller? Parallel on
Oysterponds, most of the lots are a third of an acre, or a half an acre. So, can we reduce the
size of those lots and tuck them in a little bit more? And also, that would help reduce the
scale of any construction on those lots. So, those are just some wishful thinking, but it's done
with great respect for the design for the benefit (inaudible), because I really do think they've
been extremely well done. In my role with Peconic Green Growth, we've been doing a lot of
work on water quality issues and waste water studies. In fact, this Wednesday, we're kicking
off a year-long study, looking at cluster treatment for waste water in Orient. And it's a
combination of reasons that we're focused there. It's one we have a high number of non-
conforming lot sizes and we like our small, historic lots but there are environmental
consequences of those. So, we are looking at what the cost and options are for clustered
waste water treatment in seven different areas in Orient and we're just starting this study.
So, actually, three of the sites are adjacent to where we're looking. So, there are two aspects
of this. One, I hope that the owners might consider being part of this study so we can look at
both potential options to linking to a system. And the other is, it's very hard to locate cluster
treatment and there are hybrid systems where it's only the effluent. And, in fact, the Brown
site might be an appropriate place to put cluster treatment. So, if you allocate all the open
space, and limit the use, it could preclude using that for clustered treatment. So, I'm
wondering, when you're considering subdivisions, there are sort of solutions that fit into an
existing neighborhood that are very compatible so, when you're considering uses for the
open space, that you consider allowing for cluster treatment. And thank you very much.
Vice -Chairman Rich: Thank you. Anyone else wish to address the Board?
Bill Ryall: My name is Bill Ryall. I'm going to read a letter that a neighbor of mine asked me to
read since she couldn't come because of illness. Her name is Sherry Thomas, and she lives
at 1055 North View Drive in Orient, adjacent to the North Brown property. And Sherry says:
Southold Town Planninq Board [18] November 3, 2014
"As a Browns Hills' resident, I've long been aware of the stewardship that the Tuthill family
has given to the property in Orient since the earliest colonial days and I want to thank them
for the parcel subdivision proposal. However, I also believe we need additional mitigation in
the Brown North proposal. As is currently drawn, all buffer zones are to the south on the
Sound with lots situated immediately on the Browns Hills property line and all accesses also
on the property lines. Adding a 150 foot buffer to the eastern edge of this division would
increase privacy and sound barriers for all concerned. The neighboring Hillcrest Association
runs the access road up the middle of the subdivision, decreasing traffic intrusion. A revision
along those lines is requested. Taking 150 feet from the southern buffer zone and moving it
to the eastern boundary won't affect any view shed from Route 25, but will enormously
improve the quality for current and future homeowners." This is Sherry Thomas' letter. And
should I speak for myself now, or go to the other side now?
Vice -Chairman Rich: You can speak for yourself. Please.
Bill Ryall: OK. My name is Bill Ryall. I live at 915 South View Drive, in the Browns Hills
section of Orient. And I'm on the board and active member of the OA, and also on the board
of the Group for the East End. First of all, the Tuthills are a very, very important part of the
community and everyone values them and their friendship more than, perhaps as much as,
anything else here. So, I would say, off the bat, that whatever the Town considers doing or
whatever restrictions might be proposed, the Tuthills should not bear the cost of that. This is
an asset. Potentially a tremendous financial asset, but it is the essential entry to Orient, and
it's very, very important not to spoil Orient or Southold, and frankly, it's one of the most
memorable views that one encounters driving anywhere on the east coast of the United
States and that's really what we're talking about here. Once it's gone, it's gone and I say this
on many levels. When you consider, how the Town, how Zoning works, in the R-40 District of
Southold, one acre is an 8,000 square foot footprint on the land and the house could be, who
knows, 16,000 square feet? 25? 1 don't even know, but if someone can do the arithmetic
here, you could be talking about 5 houses that have the mass and square footage of every
single house that's in the Historic District of Orient Village right now. That's what we're talking
about and I'm sure that's not what anyone in this room wants to see but that's what the rules
are pushing the owners to allow. So, I think that this should be very seriously considered in
terms of what kind of restrictions, in terms of size and area, would ever be allowed on lots
that are created as part of this deal, even at the edge of it.
The other thing is, this is extremely valuable farmland. It's the best farmland on the east
coast of the United States and this is going to become more and more important as time
goes on. We in Southold are working really hard to preserve agriculture, and again, once it's
gone, it's gone. There's no one in this room who will not be planning to eat vegetables from
the central valley of California this winter, whether you're aware of it or not. However, I just
flew over that valley last week; there's nothing but brown there now. This land is really, really
important, not just for us in this room or for Southold, but it's really important for Long Island
and for New York City.
The other thing is, while we're becoming more and more aware of our unexpected and
unintended environmental costs due to development next to wetlands and the shellfish are
very, very easily affected by run-off, and by septic systems. And I think that that should be a
consideration in this as well. And then, the Village of Southold is known to have very severe
problems with groundwater and septic systems and wells. And you'll be - just cannot help in
Southold Town Planning Board [19] November 3, 2014
this way - there has to be a more, should be something that would have to be done out of the
box to make this really work well - more along the lines of what Glynis was talking about.
So again, I would like to say, that this is an asset, that if it is to be expensive to be preserved
and the potential financial benefit is denied, the Tuthills, they should absolutely be
compensated for this by all of us who are going to benefit from the preservation of this land.
I would say what many people have said, but they don't want to say it publicly, this piece
should not be built on. There are other pieces of property of the parcels which would actually
be much better able to handle development, with higher land, even with more houses and
more compact development. More like Browns Hills is right now, actually. So, thank you.
Vice -Chairman Rich: Thank you and be sure to sign your name. Anyone else wish to address
the Planning Board?
Jenn Hartnagel: Good evening. Jenn Hartnagel, I'm here on behalf of the Group for the East
End. Just very briefly, we just wanted to say that we're supportive of the applicant's proposal
to move forward with the Conservation Subdivision design, which obviously sets aside a
substantial amount of open space. That's very important to this community. We also look
forward to continuing in the Planning review process, and hope the Board will consider all the
constructive comments spoken here tonight. And we appreciate the opportunity to comment
at future public hearings. Thank you.
Vice -Chairman Rich: Thank you. Be sure to sign your name please. Anyone else wishing to
address the Planning Board?
Stewart Horton: Good afternoon, ladies and gentlemen. My name is Stewart W. Y. Horton. I
reside at 21335 Main Road, Old Kings Highway, in Orient, just to the east of what was the
White Shingles, and will be soon, I understand. And I guess I am concerned with South Dyer.
Let me qualify this, I'm not here to protest this but I do need some information. I don't know if
it's readily available at this time. We've lived in that location now for 52 years and we've
enjoyed an outstanding vista. I envision and hope that there would be no development on
that property while we're still there. Considering our age, that may be a very good guess.
However, what I need to know are the plans, if you folks pass this, how soon would
development take place on South Dyer? The reason for that is, we have to consider shall we
stay there and try to ride it out or do we try to sell our property before the property value
crashes? So, if someone can come up with an answer for that, I'd be very happy. But at this
time, certainly, taking a personal position on this, though I'm not going to quarrel, I'm going to
try to respect my in-laws position. So, I thank you for your time.
Vice -Chairman Rich: Thank you for your comments. Be sure to put your name on the list.
Anyone else wish to address the Planning Board?
John Henry: I'm John Henry from Orient and I, too, wish to compliment the Tuthills for
proposing such a sensitive development that shows great concern for the property they've
owned for generations. But, I just want to really echo what Bill Ryall said, far more eloquently
than I could. But, I believe this is the crown jewel of Orient. It's signature property. And these
days, and I've traveled a great deal north of Orient along the east coast, and really,
properties that combine farm land and salt water are so few and far between. This is a
tremendous treasure, both visually and as Bill pointed out, for our food supply. And I agree
Southold Town Planning Board [20]
November 3, 2014
that the Tuthills should be - I agree, that this is a property so precious, that if at all possible, it
should be preserved intact. And I also agree with Bill, that the Tuthills should certainly be
made whole and fully compensated for any change in their proposal. Thank you.
Vice -Chairman Rich: Thank you for your comments. Anyone else wish to address the
Planning Board?
Jerie Neuman: Jerie Neuman, 922 Youngs Road, Orient. It is recorded in Griffen's Journal
that the first six men to settle in Orient, Oysterponds as it was called then, were John Tuthill,
John Youngs Jr., Israel Brown, Richard Brown, and John King. John King is my ancestor.
This was prior to 1661. They were farmers. Their lots were laid out from north on the Sound
to south on the Bay. These are the lands that we're talking about today, the Tuthill and
Brown, have been in the Tuthill family for 350 plus years. How wonderful that they have been
the stewards of this land all this time. It is wonderful the Tuthills have chosen to conserve so
much of the land. I know them, and I know Orient has always meant so much to them. Every
person who drives on the causeway towards Orient immediately observes probably one of
the most scenic views in Southold Town, and in my opinion, all of Long Island. To the left is
Long Island Sound, to the right is Gardener's Bay; a fine view of the creeks and meadows on
both sides of the road, and then the old crab shack and the farmland. The homes and the
church steeple that rises above the trees and the homes that move off to the right. Every
time we reach the causeway toward Orient, we're coming home. Although we own a house
by Oysterponds Lane as well, that would be affected by the building lot, it is their land, and
their right to build. However, the size of the homes that could be built by right on those lots
would dwarf any house now existing in Orient. The scenic view that everyone loves would be
marred by huge mansions that do not fit in our hamlet. We would hope that the Planning
Board and the family would re -think their plan taking into consideration the size of the homes
that could be built on the lot, and or re -locating lots now planned for South Dyer. Thank you.
Vice -Chairman Rich: Thank you, Mrs. Neuman, for your comments. Anyone else wish to
address the Planning Board?
Robert Hughes: Robert Hughes, 1025 Pete's Hill Road, in Orient. I really don't have a whole
lot to say about this. I wanted clarification from the Planning Board itself. Paragraph 4 of this
notice that went out to the homeowners states that the project includes transfer of yield
pursuant to 240-42 F, which allows for transfer of building space from one lot to another as
long as they're contiguous, even if they're divided by a highway such as the Main Road. In
looking over this application today, it came to my attention that yields for lots in the Brown
properties are being transferred to the Dyer properties. Now these are not contiguous. They
are, I don't know, maybe a mile or mile and a half apart. Paragraph G of that part of the Code
does allow for this to happen, that the Planning Board may require clustering of cumulative
permissible yield onto one or more parcels, subject to an approving resolution by the Town
Board. What I wanted to find out from the Planning Board was, whether the Planning Board
has been to the Town Board to ask for this approving resolution. If they haven't, at what point
in this process do they plan on doing this, because this changes the number of lots that are
on Dyer South and Dyer North. And, also, why wasn't it in the notice that was sent out to the
adjacent property owners? And also, has this ever been done before?
Vice -Chairman Rich: I want to ask Heather to answer that question.
Southold Town Planning Board [21] November 3, 2014
Heather Lanza: Mr. Vice -Chairman, I want to let the Board know that Planning Staff made a
mistake and we should have noted that section of the Code 240-42 G, because that's the
section of the Code that would rule this, and it gave us the opportunity to think about doing
things this way. Again, this proposal is still a proposal and the Town Board is aware of this
application. They wouldn't make a decision on it at this point but, they do know that this is
being considered.
Robert Hughes: Has the Planning Board ever, or has the Town ever, applied Section G for a
subdivision previous to this?
Heather Lanza: Not that I know of. I don't think so.
Robert Hughes: Does the Planning Board have any feeling about what really does almost
seem like a transfer of development rights? In that the way that it's now set up, there's only
going to be one lot on what's known as Brown South. Whereas the yield maps seem to
indicate that they could have four lots and yet those three lots are now being transferred over
to Dyer North and Dyer South. Has there been any discussion with the Planning Board about
this?
Vice -Chairman Rich: Bobby, I would say, yes, there has. I want to be a little careful how I say
this, but from - we kind of felt the most environmentally sensitive were the two south lots, and
we kind of leaned toward moving stuff to the north, toward higher end ground.
Heather Lanza: But, just so you know - can I just jump in and say, we're having this public
hearing to hear your comments and that the Board hasn't looked at depth into the design at
this point, because we want to hear your public comments, and we want to get more
information before we get into that review. Does that sound fair?
Robert Hughes: Would the adjoining property owners be notified of this being a discussion
point or do we just have to keep monitoring each of your agendas for your Board meetings?
Heather Lanza: Yes, you can sign up to monitor the Work Sessions to see when this is on on
our website. But we can't, for Work Sessions, the Board doesn't send out notifications; it's
only for Public Hearings.
Robert Hughes: So, o.k., for a Public Hearing, would there be a Public Hearing about this
transfer of development rights?
Heather Lanza: Well, this is the Public Hearing and this may or may not be held open. That'll
be decided by the Board at the end of the hearing and then the design, when it goes to the
Town Board, I'm not sure they have to do a hearing on it. There would be a resolution. Oh,
there will be a Public Hearing at the Town Board level, on the Open Development Area,
which is the type of subdivision this is.
Robert Hughes: But, that wouldn't have anything to do with transferring lots.
Heather Lanza: It would, because it would be a hearing on this design. So, that would be an
opportunity to speak to the Town Board at that level. And I assume we would be at the Town
Board at the same time.
Southold Town Planning Board [22] November 3, 2014
Robert Huqhes: OK, thank you.
Vice -Chairman Rich: Thanks, Bob. Anyone else wish to address the Board? At this point I
would like to ask for a motion that the hearing remain open, at least until the December 15tH
public meeting.
William Cremers: So moved.
Martin Sidor: Second.
Vice -Chairman Rich: Motion made and seconded. Any discussion? All in favor.
Ayes.
Vice -Chairman Rich: So, this public hearing will remain open until at least the December 15th
Public Meeting. And, also, we can also entertain any written requests for information or
written comments until at least that time, thank you. Thanks for your participation.
APPROVAL OF PLANNING BOARD MINUTES
Vice -Chairman Rich: Board to approve the minutes of: October 6, 2014.
Martin Sidor: I make a motion.
William Cremers: Second.
Vice -Chairman Rich: Motion made by Martin, second by Bill. All in favor?
Ayes.
Vice -Chairman Rich: Motion to adjourn?
Martin Sidor: I make a motion.
William Cremers: Second.
Vice -Chairman Rich: Motion made and seconded. All in favor?
Ayes.
Vice -Chairman Rich: Motion carries.
James Rich --
Vice-Chairman
Respectfully Subm�iitted(, /
Lori McKiernan
Transcribing Secretary