HomeMy WebLinkAboutPB-03/09/2015PLANNING BOARD MEMBERS
DONALD J. WILCENSKI
Chair
WILLIAM J. CREMERS
PIERCE RAFFERTY
JAMES H. RICH III
MARTIN H. SIDOR
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
PUBLIC MEETING
MINUTES
March 9, 2015
6:00 p.m.
Present were: Donald J. Wilcenski, Chairman
James H. Rich III, Vice Chairman
William J. Cremers, Member
Pierce Rafferty, Member
Heather Lanza, Planning Director
Mark Terry, Principal Planner
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.southoldtownny.gov
Due to technical problems with the recording system, there was no recorded documentation
of this meeting. The following minutes were compiled from notes by Planning Staff and
comments submitted by those who spoke at the public hearings. All who spoke were sent
letters by Certified Mail explaining the recording system malfunction and requesting their
comments in writing. Follow-up telephone calls were also made.
SETTING OF THE NEXT PLANNING BOARD MEETING
Chairman Wilcenski called the Southold Town Planning Board meeting for March 9, 2015 to
order. The first order of business was to set a time and place for the next regular Planning
Board Meeting.
A motion was made by William Cremers, seconded by James Rich III and carried
unanimously to set Monday, April 6, 2015 at 6:00 p.m. at the Southold Town Hall, Main
Road, Southold, as the time and place for the next regular Planning Board Meeting.
SUBDIVISIONS
Approval Extensions:
Chairman Wilcenski: 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
Southold Town Planning Board — March 9, 2015
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 property is located on the corner of Halcyon Avenue and
Oceanic Avenue, Fishers Island.
James Rich III:
WHEREAS, 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; and
WHEREAS, the Southold Town Planning Board granted Final Plat Approval on the map
entitled "Line Change Map Prepared for Estate of Albert H. Gordon", prepared by CME
Associates Engineering, Land Surveying & Architecture, PLLC, dated November 20, 2009;
and
WHEREAS, a copy of the recorded deeds must be submitted to the Southold Town Planning
Department within 62 days of the date of Final Approval, or such approval shall expire and be
null and void; and
WHEREAS, on February 12, 2015, the agent submitted a request for a 30 day extension to
submit a copy of the recorded deeds; and
WHEREAS, on February 15, 2015, the approval expired; be it therefore
RESOLVED, that the Southold Town Planning Board grants an Extension of Final
Approval through March 17, 2015 on the maps entitled "Line Change Map Prepared for
Estate of Albert H. Gordon", prepared by CME Associates Engineering, Land Surveying &
Architecture, PLLC, dated November 20, 2009.
William Cremers: Second.
Chairman Wilcenski: Motion made by Jim, seconded by Bill. Any discussion? All in favor?
Ayes.
Motion carries.
Set Preliminary Hearings:
Chairman Wilcenski: The Orchards Martocello : This proposal is for a Clustered Standard
Subdivision to subdivide a 13.3 acre parcel into five lots where Lot 1 = 9.33 acres including a
1.35 acre building envelope and 7.98 acres of preserved Open Space, Lot 2 = 0.99 acres, Lot
3= 1.14 acres, Lot 4= 0.92 and Lot 5= 0.92 acres in the R-80 Zoning District. The property is
located on the northeast side of Orchard Street, approximately 17' northwest of Platt Road, in
Orient. SCTM#1000-27-1-3
Southold Town Planning Board — March 9, 2015
Pierce Raffertv:
WHEREAS, this proposal is for a Clustered Standard Subdivision to subdivide a 13.3 acre
parcel into five lots where Lot 1 = 9.33 acres including a 1.35 acre building envelope and 7.98
acres of preserved Open Space, Lot 2 = 0.99 acres, Lot 3 = 1.14 acres, Lot 4 = 0.92 and Lot
5 = 0.92 acres in the R-80 Zoning District; and
WHEREAS, the Southold Town Planning Board, pursuant to State Environmental Quality
Review Act (SEQRA) 6 NYCRR, Part 617, has determined that the proposed action is an
Unlisted Action as it does not meet any of the thresholds of a Type I Action, nor does it meet
any of the criteria on the Type II list of actions; be it therefore
RESOLVED, that the Southold Town Planning Board has determined that this proposed
action is an Unlisted Action under SEQRA as described above.
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 further
RESOLVED, that the Southold Town Planning Board sets Monday, April 6, 2015 at 6:03
p.m. for a Preliminary Public Hearing upon the map entitled "Preliminary Plat for the
Clustered Standard Subdivision of the Orchards", prepared by John C. Ehlers, Land
Surveyor, dated June 15, 2013 and last revised January 21, 2015.
William Cremers: Second.
Chairman Wilcenski: Motion made by Pierce, seconded by Bill. Any discussion? All in
favor?
Ayes.
Motion carries.
State Environmental Quality Review Act (SEQRA) -- Subdivisions
SEQRA Determinations:
Chairman Wilcenski: Ski (Przyborowski, Chemerynski & Blomguist): 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, Fishers Island. SCTM#1000-10-10-8.1
Southold Town Planning Board — March 9, 2015
William Cremers:
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; and
WHEREAS, the Southold Town Planning Board, pursuant to State Environmental Quality
Review Act (SEQRA) 6 NYCRR, Part 617, has determined that the proposed action is an
Unlisted Action as it does not meet any of the thresholds of a Type I Action, nor does it meet
any of the criteria on the Type II list of actions; and
WHEREAS, pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental
Quality Review Act (SEQRA), the Planning Board coordinated with all involved and interested
agencies on November 7, 2014; and
WHEREAS, the Planning Board, as Lead Agency, performed a coordinated review of this
Unlisted Action pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental
Quality Review Act (SEQRA); be it therefore
RESOLVED, that the Southold Town Planning Board has determined that this proposed
action is an Unlisted Action under SEQRA as described above.
James Rich Ill: Second.
Chairman Wilcenski: Motion made by Bill, seconded by Jim. Any discussion? All in favor?
Ayes.
Motion carries.
William Cremers: And be it further
RESOLVED, that the Southold Town Planning Board hereby declares Lead Agency status
for the SEQRA review of this unlisted action.
James Rich III: Second.
Chairman Wilcenski: Motion made by Bill, seconded by Jim. Any discussion? All in favor?
Ayes.
Motion carries.
William Cremers: And be it further
RESOLVED, that the Planning Board, pursuant to SEQRA, hereby makes a determination of
non -significance for the proposed action and grants a Negative Declaration.
James Rich III: Second.
Southold Town Planning Board — March 9, 2015
Chairman Wilcenski: Motion made by Bill, seconded by Jim. Any discussion? All in favor?
Ayes.
Motion carries.
SEQRA — Extension of Time Frame:
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.
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.
Southold Town Planning Board — March 9, 2015
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
WHEREAS, on January 12, 2015, the Southold Town Planning Board took Lead Agency and
classified the proposed Conservation Subdivision as a Type I Action pursuant to State
Environmental Quality Review (SEAR); and
WHEREAS, §617.6 (b)(3)(ii) of the SEQR law requires that the Planning Board determine
significance of the action within 20 days of taking Lead Agency if all materials have been
submitted to reach a determination; and
WHEREAS, at this time, the Planning Board has not received the Visual Impact Study which
is an integral part of SEQR review and needed to make a determination; and
WHEREAS, §617 of the SEQR law states that a time frame can be extended by mutual
agreement between an applicant and the lead agency; and
WHEREAS, the Southold Town Planning Board and the applicants have mutually agreed to
extend the SEQRA time frame stated in a letter received by the Planning Board dated
January 19, 2015; be it therefore
RESOLVED, that the time frame to reach a Determination of Significance has been mutually
extended to allow the applicant sufficient time to submit additional materials.
William Cremers: Second.
Chairman Wilcenski: Motion made by Pierce, seconded by Bill. Any discussion? All in
favor?
Ayes.
Motion carries.
SITE PLANS
Determinations:
Southold Town Planning Board — March 9, 2015
Chairman Wilcenski: Belle River Properties, LLC: This Site Plan is for the proposed
construction of a 48'x 364 -stall horse barn for owner use on Southold Town Development
Rights land; 22.8 acres in the A -C Zoning District. This 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
James Rich III:
WHEREAS, this proposed Site Plan is for the 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;
and
WHEREAS, on September 2, 2014, William Kelly, agent to the applicant, submitted an
application for Site Plan review; and
WHEREAS, the Southold Town Planning Board, pursuant to §280-133 C of the Southold
Town Code, has the discretion to waive any or all of the requirements in §280-133 for those
applications involving uses strictly related to agriculture as long as they are not necessary to
further the objectives set forth in Town Code §280-129 to maintain public health, safety, and
welfare. The Planning Board has found that this application is eligible for a waiver of certain
elements of the Site Plan requirements because it is an agricultural use; the items not
included in the application when reviewed on September 22, 2014 were not considered
significant. The utilization of local knowledge, aerial photographs with LIDAR were sufficient;
and
WHEREAS, on September 22, 2014, the Planning Board formally accepted the agricultural
application as complete for review with additional information required; and
WHEREAS, on September 22, 2014 the Southold Town Planning Board, pursuant to State
Environmental Quality Review (SEQR) 6 NYCRR, Part 617.5 (c) (3), determined that the
proposed action is a Type II Action as it falls within the following description for 6 NYCRR,
Part 617.5 (c) (3) "agricultural farm management practices, including construction,
maintenance and repair of farm buildings and structures, and land use changes consistent
with generally accepted principles of farming" and, therefore, not subject to SEQRA review;
and
WHEREAS, on September 30, 2014, the agent to the applicant, William Kelly, submitted a
revised Site Plan with the required information; and
WHEREAS, on October 23, 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 November 3, 2014, a public hearing was held and closed; and
WHEREAS, on November 25, 2014, the Architectural Review Committee reviewed the
application and approved it as submitted; and
WHEREAS, on November 25, 2014, the Town of Southold LWRP Coordinator reviewed the
above -referenced project and has determined the proposed project to be consistent with
Southold Town LWRP policies; and
Southold Town Planning Board — March 9, 2015
WHEREAS, on November 26, 2014, the Southold Town Fire Inspector reviewed and
determined that there was adequate fire protection and emergency access for the site; and
WHEREAS, on November 26, 2014, the Cutchogue Fire District determined there was
adequate fire protection for the site; and
WHEREAS, at their Work Session held on December 2, 2014, the Planning Board required
revisions to the Site Plan; and
WHEREAS, on December 8, 2014, the Southold Town Engineer reviewed the above -
referenced application and determined revisions were required to the proposed drainage to
provide for a greater separation distance to ground water; and
WHEREAS, on January 16, 2015, the Suffolk County Department of Health Services
(SCDHS) granted Approval Reference #C10-14-0005 for a horse barn with four (4) stalls at
110 gallons per day; and
WHEREAS, on February 3, 2015, the agent to the applicant, William Kelly, submitted a
revised Site Plan that meets the minimum requirements of Chapter 236 for Storm Water
Management; and
WHEREAS, the Southold Town Planning Board, pursuant to Southold Town Code §280-131
B (5), has the discretion to vary or waive the parking requirements for Site Plan Applications
where doing so would not have a detrimental effect on the public health, safety or general
welfare, and will not have the effect of nullifying the intent and provision of the Site Plan
Requirements chapter of the Town Code. The Planning Board has found that this application
is eligible for a waiver of parking requirements because there is no need to provide for
parking - the application is for an agricultural use, the building is for owner use only on
Southold Town Development Rights land and the parcel is large in size relative to the
proposed structure (less than 1 % lot coverage); and
WHEREAS, on March 9, 2015, the Southold Town Chief Building Inspector reviewed and
certified the proposed Agricultural Operation as a permitted use in the A -C Zoning District;
and
WHEREAS, on February 23, 2015, the Southold Town Planning Board determined that all
applicable requirements of the Site Plan Regulations, Article XXIV, §280 — Site Plan Approval
of the Town of Southold, have been met; therefore, be it
RESOLVED, that the Southold Town Planning Board hereby waives certain Site Plan
Application requirements as noted above.
William Cremers: Second.
Chairman Wilcenski: Motion made by Jim, seconded by Bill. Any discussion? All in favor?
Ayes.
Southold Town Planning Board — March 9, 2015
Motion carries.
James Rich III: And be it further
RESOLVED, that the Southold Town Planning Board hereby waives the parking
requirements as noted above.
William Cremers: Second.
Chairman Wilcenski: Motion made by Jim, seconded by Bill. Any discussion? All in favor?
Ayes.
Motion carries.
James Rich III: And be it further
RESOLVED, that the Southold Town Planning Board has determined that this proposed
action is consistent with the policies of the Town of Southold Local Waterfront Revitalization
Program.
William Cremers: Second.
Chairman Wilcenski: Motion made by Jim, seconded by Bill. Any discussion? All in favor?
Ayes.
Motion carries.
James Rich III: And be it further
RESOLVED, that the Southold Town Planning Board approves the Site Plan entitled "Belle
River Properties, LLC', prepared by Jeffrey T. Butler on July 9, 2014, last revised December
29, 2014, and authorizes the Chairman to endorse the Site Plan including the following four
(4) plans:
1. Sheet 1 of 4: Site Plan
2. Sheet 2 of 4: Details
3. Sheet 3 of 4: Photometric Plan
4. Sheet 4 of 4: Private Well Requirements.
William Cremers: Second.
Chairman Wilcenski: Motion made by Jim, seconded by Bill. Any discussion? All in favor?
Ayes.
Motion carries.
Southold Town Planning Board — March 9, 2015
Set Hearings:
Chairman Wilcenski: Olde Colonial Place, LLC: This Site Plan Application is to demolish
an existing 2%2 story dwelling and construct a 60'x 93'(5,580 sq. ft.) multi -use 5 -unit
commercial building (no basement) and 21 parking stalls on 0.5 acres in the Hamlet Business
Zoning District. This property is located at 615 Pike Street, Mattituck. SCTM#1000-140-2-21
William Cremers:
WHEREAS, this Site Plan Application is to demolish an existing 2%z story dwelling and
construct a 60'x 93'(5,580 sq. ft.) multi -use 5 -unit commercial building (no basement) and 21
parking stalls on 0.5 acres in the Hamlet Business Zoning District, Mattituck; be it therefore
RESOLVED, that the Southold Town Planning Board sets Monday, April 6, 2015 at 6:01
p.m. for a Public Hearing regarding the Site Plan entitled "Olde Colonial Place, LLC",
prepared by Dunn Engineering Associates, P.C., dated February 2, 2015.
James Rich III: Second.
Chairman Wilcenski: Motion made by Bill, seconded by Jim. Any discussion? All in favor?
Ayes.
Motion carries.
Chairman Wilcenski: Eastern Front Microbrewery: This proposed Site Plan is for the
conversion of an existing 70'x 31'(2,170 sq. ft.) storage building into a microbrewery and 312
sq. ft. retail space including five (5) parking stalls on 0.3 acres in the Light Industrial Zoning
District. The property is located at 425 Westphalia Road, ±375' s/e/o CR 48 & Westphalia
Avenue, Mattituck. SCTM#1000-141-3-34
Pierce Rafferty:
WHEREAS, this proposed Site Plan is for the conversion of an existing 70' x 31' (2,170 sq.
ft.) storage building into a microbrewery and 312 sq. ft. retail space including five (5) parking
stalls on 0.3 acres in the Light Industrial Zoning District, Mattituck; be it therefore
RESOLVED, that the Southold Town Planning Board sets Monday, April 6, 2015 at 6:02
p.m. for a Public Hearing regarding the Site Plan entitled "Eastern Front Brewing, LLC",
prepared by Douglas Pearsall, dated December 15, 2014 and last revised February 11, 2015.
James Rich III: Second.
Chairman Wilcenski: Motion made by Pierce, seconded by Jim. Any discussion? All in
favor?
Ayes.
Motion carries.
Southold Town Planning Board — March 9, 2015
State Environmental Quality Review Act (SEQRA) — Site Plans
SEQRA Type Classifications:
Chairman Wilcenski recused himself from the Royalton Equestrian application.
Vice Chairman James Rich III: Royalton Equestrian - This Site Plan is for the proposed
construction of a 120' x 240' (28,800 sq. ft.) indoor riding ring on an existing horse farm as
part of a riding academy pursuant to ZBA file SE6816 and keeping, breeding, raising and
training of horses. Existing on site are two horse barns, a roofed horse -walker, and a single
family dwelling and garage on 37 acres in the A -C Zoning District. The property is located at
55 Cox Neck Road, ±50' across from Westphalia Road, Mattituck. SCTM#1000-113-7-19.23
William Cremers:
WHEREAS, this Site Plan is for the proposed construction of a 120' x 240' (28,800 sq. ft.)
indoor riding ring, stables and riding academy pursuant to ZBA file SE#6816 on an existing
horse farm for the purpose of keeping, breeding, raising and training of horses. Existing on
site are two horse barns, a roofed horse -walker, and a single family dwelling and garage on
37 acres in the A -C Zoning District, Mattituck; and
WHEREAS, the Southold Town Planning Board, pursuant to State Environmental Quality
Review Act (SEQRA) 6 NYCRR, Part 617.5 (c), 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)(3)
agricultural farm management practices, including construction, maintenance and repair of
farm buildings and structures, and land use changes consistent with generally accepted
principles of farming. The action is for the construction of a 120' x 240' (28,800 sq. ft.) indoor
riding ring for an existing horse farm operation; be it therefore
RESOLVED, that the Southold Town Planning Board has determined that this proposed
action is a Type II Action and not subject to review under SEQRA.
Pierce Rafferty: Second.
Vice Chairman James Rich III: Motion made by Bill, seconded by Pierce. Any discussion?
All in favor?
Ayes. (Chairman Wilcenski recused.)
Motion carries.
Chairman Wilcenski: Soundside Landscape, 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 .93 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
Southold Town Planning Board — March 9, 2015
Pierce Raffertv:
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 .93 acres in the Light
Industrial Zoning District, Greenport; and
WHEREAS, at a Work Session held on January 12, 2015, the Planning Board formally
accepted the application for review; and
WHEREAS, the Southold Town Planning Board, pursuant to State Environmental Quality
Review Act (SEQRA) 6 NYCRR, Part 617, has determined that the proposed action is an
Unlisted Action as it does not meet any of the thresholds of a Type I Action, nor does it meet
any of the criteria on the Type II list of actions; be it therefore
RESOLVED, that the Southold Town Planning Board has determined that this proposed
action is an Unlisted Action under SEQRA as described above.
James Rich III: Second.
Chairman Wilcenski: Motion made by Pierce, seconded by Jim. Any discussion? All in
favor?
Ayes.
Motion carries.
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PUBLIC HEARINGS
Chairman Wilcenski: 6:01 p.m. - Koehler Family Limited Partnership - This proposal is a
Clustered Standard Subdivision of a 14.94 acre parcel into eight lots where Lot 1 equals 0.83
acres inclusive of 0.04 acres of unbuildable lands; Lot 2 equals 0.85 acres inclusive of 0.05
acres of unbuildable lands; Lot 3 equals 1.13 acres inclusive of 0.26 acres of unbuildable
lands; Lot 4 equals 0.70 acres; Lot 5 equals 0.66 acres; Lot 6 equals 0.70 acres; Lot 7 equals
0.73 acres; and Lot 8 equals 8.72 acres of Open Space and 0.05 acres of unbuildable lands,
located in the R-80 Zoning District. This property includes a proposed road totaling 0.54
acres. The property is located at 4180 New Suffolk Avenue, on the corner of Marratooka
Road and New Suffolk Avenue, in Mattituck. SCTM#1000-115-10-1
Notes from Heather Lanza, Planning Director:
The first public hearing was the Koehler family limited partnership subdivision. Many people
got up to speak. My notes did not distinguish which person said exactly what. The following
are comments I heard:
• Deny this application because the lots are too small.
• This person wanted preservation and didn't like seeing the docks on the subdivision
plan because that is the Trustees' jurisdiction not the Planning Board's.
Southold Town Planning Board — March 9, 2015
• The natural environment needs to be taken into account in the review of the
subdivision.
• The town needs affordable housing not more big houses.
• The person doesn't like the 10 boat slips shown on the plan.
• The trees on the corner of Lupton Point Road are a concern.
• The slope of the property from north to south is a concern because run-off could be a
problem.
• Concern that the open space is not tied to any one house and will be subject to the
future squabbles of a Homeowners Association.
• What about cesspools and all that septic waste dumping into the creek? That needs to
be addressed.
• The health of the creek is a big concern and the negative impacts from the docks and
septic systems are a worry. Also, there are nearby wells that could be affected by the
septic systems.
• There too many boats and boat slips shown on the plans; the water there's too
shallow, only 3 feet deep.
• All the ducks are gone due to over development in the area already.
• All the owls are gone due to over development in the area already.
• There are too many lots situated right next to the creek. There are too many docks -
it's like a mini marina.
• What will happen with lot eight, the open space lot?
• There is basically an underground water way flowing across this property and the
septic systems will be right in that or over it.
• The environment is a major concern and how the subdivision will create a negative
impact on it. Regular septic systems will pollute the creek - require better treatment of
the septic waste from the subdivision; a better standard of nitrogen will.
• Has anyone asked the School District how this will affect them? It could increase taxes
for everyone.
• This person said that they love this area and they love the creek, and the Planning
Board is invited to come sit on this one person's deck to look at the land, and picture
what is going to be destroyed. The address is 300 Deep Hole Dr.
Southold Town Planning Board — March 9, 2015
• On behalf of the applicant, Mr. Tom McCarthy spoke. He said that the Planning Board
were the ones who asked them to create a single cluster and that they had had more
lots on the other side of the property at first. He said they wanted a smaller road but
the Code didn't allow for that. The open space would not be in a Homeowners
Association because Mr. Kohler is an owner and Osprey's Dominion Winery and may
plant vines there. He also said that he would look at the options for additional septic
treatment and educate the owner about those options. He didn't think they were
approvable yet.
Notes from Alyxandra Sabatino, Planner:
Deny application for the following reasons:
a. Preservation of natural resources.
b. 3 lots are proposed on Deep Hole Creek with docks.
c. Affordable housing is located off site. - should not be located off site.
d. Do not remove existing house.
e. Environmental sensitivity.
2. Number of boat slips are excessive. Docks are proposed in a shallow area of the
creek. Single easement to the water- allow one dock.
3. Possibility of dead trees falling on Lupton Point Road.
4. Concern over run-off from the site.
5. Open Space should be included in a lot (future farm house lot) to help farming. Does
not agree that a Homeowners Association is applicable for this location.
6. Area adjacent to creek is a wildlife refuge - and there are an excessive number of
docks proposed.
7. Too much development.
8. Must be dark sky compliant and concerned over excess noise during construction.
9. Additional sceptic systems will negatively affect the creek - the creek is already closed
to shell fishing.
10. Question regarding what uses are allowed in the Open Space - farmed, vineyard?
11. Septic systems are proposed where there is an existing underground freshwater
creek.
12. Should be required to use a Nitrex System.
13. Do you talk to School Districts to ensure that the district has enough capacity to handle
additional families?
14. Concern over fertilizers.
Southold Town Planning Board — March 9, 2015
Speakers at Koehler Family Limited Partnership Public Hearing:
Thomas McCarthy, Agent
Gerard Diffley
Henry Loeffler
William Edwards
Warren & Mary Ann Jackson
Steve Bellavia
Evelyn Turchiano
George Kreiling
Geert Martens
Marie Domenic!
Denise Dellaquila
Julie Amper
Planning Board Office
Town of Southold
P.O. Box 1179
Southold, NY 11971
Re: My testimony at the public hearing on March 9, 2015 for the Proposed Koehler Standard
Subdivision located at 4180 New Suffolk Avenue, Mattituck SCTM#1000-115-10-1
Dear Planning Board Members,
Cesspools from seven new dwellings will leach into the fresh water underground stream. The
stream appears to run underground from the northwest to the southeast. It drains into Deep
Hole creek in the area of Lot #6. The exact width of the stream is unknown. Several septic
systems appear to be installed over the underground stream hence the septic fluids will drain
into Deep Hole Creek.
Currently during these winter months the water visibility is four to six feet. During the
spring/summer months, the visibility is four to six inches. This, in my opinion, is due to the
amount of cesspool fluids, as well as lawn fertilizer being flushed into Deep Hole Creek.
The construction of a planned fifty foot road from north to south may cause a flooding Issue
For the Diffley, Loeffler and Hanus homes which abut the property named. The road, length
unknown, appears to be approximately in excess of 200 feet. Currently the runoff water
apparently leeches into the ground. The slope of the property is north to south. Hence the
runoff will travel to the Diffley, Loeffler and Hanus dwelling. To support this theory, the sod
farm runoff this year caused severe damage to dwellings and residential property. This
occurred to property adjacent to sod farms in Wading River, NY.
The installation of three docks with facilities for apparently ten boats is excessive. Based on the
survey there is a dock for "Transient" vessels. Is this going to be a marina? The docks, based on
the survey, seem to extend excessively into Deep Hole Creek. I could not discern, from the
survey the exact lengths of the proposed docking facilities.
The Lupton Point Association also notified Mr. Koehler regarding the hazardous dead tree limbs
on the southwest corner of his land. These limbs hang over Lupton Point and Marratooka
Road. They are a hazard to motorists and pedestrians. One can observe the apparent dead
limbs now in the winter. They will be more visible when the foliage starts to appear. An
example of this hazard occurred several months ago about 0600 hours. A wide limb took down
a power line(s). Subsequently Lupton Point was without power for about three hours. The
power lines were rewired by PSE&G.
This letter is in response to your letter dated March 10, 2015 requesting the testimony I gave at
the March 9, 2015 meeting.
Respectfully S YPm
iffed,
Hen1L Il r
ry
To: Southold Town Planning Board, Town of Southold, NY March 19 2015
From: Mr. &Mrs. Warren Jackson
300 Dep Hole Dr, Mattituck, NY 11952
Subject: Comments pertaining to the Proposed Kohler Standard Subdivision located at 4180 New
Suffolk Avenue, Mattituck. SCTM#1000-115-10-1
My wife and I have resided at the above address, which is located on the east side of
Deep Hole Creek opposite the proposed subdivision for the past 19 years. Our primary
concerns are of the environmental impact to the creek its wildlife and habitats.
There is a bluff which rises above the creek some 20 feet or more in places. It has
remained undisturbed for the 19 years we have lived there. The prior owner Mr. Elmer
Ruland lived in his cottage at the top of the bluff. There was a set of Iron stairs from
the top to the bottom of the bluff and a narrow floating dock was present. A couple of
years ago we witnessed a crew of men who we believe at the direction of the current
owner had a crew of men cut down trees and clear vegetation on the slope and
remove those iron stairs. We have the photos to confirm this.
Of concern to us is the fact that this subdivision will create from what was once a single
water front lot with a home on it with a single set of stairs and float to 3 separate
water front lots with 3 separate sets of stairs, 3 long catwalks with ramps and floats
extending 100 feet or more into the creek each providing dockage for up to 8 watercraft..
Also the possibility of further intentional clearing of vegetation, shrubs and tr,s from
the bluff area to improve sight lines (views) which will promote the erosion of the bluff.
In addition there are several types of water fowl present at this end of the creek which
use the area for nesting, reproduction and feeding. Included are several species of ducks
Merganthers, Boffie heads, and Mallards. Also a family of Swans which nests each year
and raises its Cygnets in this area. There are also Egrets, Blue Herrons, Osprey, and
rarely a Bald Eagle is seen. Of course there are also many Canadian Geese present.
Families of Deer pass along the waters edge daily. The habitat for these creatures will be
disturbed and where will they go?
In closing We ask that the subdivision not be allowed as planned with the 3 water front
lots as proposed, and request that an environmental impact statement be done prior to
any further development and that there remain only the one (1) water front lot.
Respectfully,
Warren and Mary Ann Jackson
PS: You are all invited to sit in our back yard and enjoy the wildlife present on this creek.
Steven Bellavia
380 Lupton Point Road
Mattituck, NY 11952
March 14, 2015
Carol Kalin U L 9 L U r`!
Planning Board Secretary
Town of Southold Planning Board Office MAR 1 s 2015
P.O. Box 1179 Sou hold Town
Southold, NY 11971 P!Inwng Board
RE: Testimony at the public hearing on March 9, 2015 for the Proposed Koehler Standard Subdivision located
at 4180 New Suffolk Avenue, Mattituck SCTM#1000-115-10-1
Dear Carol Kalin:
Thank you for allowing me the opportunity to reiterate my testimony regarding the development and planning
of the farm field at New Suffolk Avenue and Marratooka Road, SCTM# 1000-115-10-1
I am opposed to this development. Although I recognize that the property owner has the right to develop this
land to town and state codes and regulations, I believe this is not in the best interest of the residents of
Mattituck.
-- M-the-heannng-1 stated -that -I -was in -agreement -with -others who-spoke-befere me, -sueh-as-Gerard-Dif-fley, --
George Kreiling and Hank Loeffler, who also expressed their concern of over -development in our town and
well as the impact on the adjoining Deep Hole Creek.
I have lived in Mattituck for over 22 years. I made many sacrifices in order to live here and become a part of
the community. My main reason for moving here was to enjoy the dark night skies, the quiet surroundings, and
to sail on the bays and waterways. Over these 22 years I have witnessed a steady degradation of this quality of
life that I worked so hard to attain. There is a steadily growing light and noise pollution problem. There were
once owls in our neighborhood, and now, with the ever-increasing number of lights and noise, there are mice
instead. This is just one example of how this development will contribute to these, and other quality of life
issues.
I do not expect the planning board or town to completely deny the owners of this property their right to develop
it. But I sincerely hope that they can scale it back by at least a factor of 2 in terms of number of homes and
even further regarding the construction and use of docks and catwalks.
Thank you again.
Sincerely,
Steven Bellavia
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Kalin, Carol
From: Geert Martens <martens@un.org>
Sent: Thursday, April 02, 2015 12:39 PM
To: Kalin, Carol
Subject: Comments made at the public hearing
Dear Ms. Kalin,
As requested, please find herewith my comments made at the public hearing of March 9th, 2015 in writing:
Congestion along creek side:
I share the concerns expressed by our neighbors that development along the creek should be kept to a minimum and that if there is
development it should be done in a responsible "green" manner. The current cluster plan shows 6 lots along or very close to Deep
Hole Creek. We think that it is too congested and would have adverse effects on the creek such as pollution through seepage of septic
tanks and drainage fields.
To alleviate the creek side congestion and to lessen the environmental impact on the creek we suggest taking another look at the initial
cluster plan (May 24, 2012) which shows 3 homes would be located along Marratooka Road in addition to the 4 homes by the creek.
Some neighbors would prefer no development at all but we think it is not reasonable that one can stop development entirely along our
beautiful coast line and waterways. It can however be done in an environmentally sound manner by going back to the initial cluster
plan. We believe that is the way forward for the development of the Koehler land.
At the public hearing, I was happy to hear from the McCarthy real estate agency representative that Mr. Koehler also prefers the initial
cluster plan.
Proposed docks:
We are concerned about the proposed location (set back just 15 ft from our property line) and number of slips on one dock (one dock
with 6 slips). We would appreciate it if this mini marina could be moved further away from the property line in order to provide more
privacy and quiet. The proposal shows 8 docks for 7 homes.
Use of open space:
Over the past few years the Koehler land has gone fallow and grasses, weeds and even some small bushes have taken over (the field
has been mowed on occasion but not regularly). Therefore, we would really appreciate it if the proposed open space could be
cultivated again in keeping with the rural character of the North Fork. Since Mr. Koehler already owns a vineyard, we would welcome
a vineyard as soon as possible to alleviate the weed problem.
At the public hearing, I was happy to hear from the McCarthy agency representative that a vineyard is indeed Mr. Koehler's intent for
the open space.
I would like to draw the Board's attention to the following (not mentioned at public hearing):
Electricity to our house:
I would like to draw the Board's and Mr. Koehler's attention to the fact that electricity is provided to our house via an under -ground
cable that runs down the last pole and then under the current right-of-way. Maybe this could be indicated on the cluster plan. When the
actual development work starts, I would like to be informed if/when our electricity will be cut off and for what duration.
"Thank you,
Geert Martens & Ray Murray
5028 New Suffolk Ave.
Mattituck, NY 11952
tax map: 1000-115-10-02.
1.A7 Please consider the environment before printing
Kalin, Carol
From: lirrcomm@aol.com
Sent: Wednesday, March 25, 2015 10:46 AM
To: Kalin, Carol
Subject: Proposed Koehler Standard subdivision 4180 New Suffolk Avenue - Comments from
Marie Domenici
Dear Carol,
As I stated at the meeting on 3/9/15, I am opposed to this subdivision as it is located on
wetlands. Putting houses on wetlands is an oxymoron and setting aside a piece of the property as a
"green" plot is a bigger oxymoron Aside from lawn care issues such as pesticide applications, the
septic systems will contribute to the demise of the wetlands.
IF this subdivision must move forward, then the town must mandate Nitrex systems for all homes
whether located in this specific area or any housing located along the waterways, especially on
wetlands. I wish the town would use the CPF funds to buy properties such as this in an effort to not
only keep development to a minimum but to preserve the environment and our waterways. We
cannot continue to do what we do and wonder why our waterways are turning into community
toilets! There must be oversight as it relates to where we build, along with mandating Nitrex
systems (regardless of where development occurs) in the going forward.
Please feel free to contact me should you have any questions. Thanking you in advance for your
consideration.
Sincerely,
Marie Domenici
516 510 7873
Kalin, Carol
From: denise dellaquila <dellaquilabeauty@mac.com>NJ
� v L� a ky
Sent: Sunday, March 15, 2015 4:23 PM
To: Kalin, Carol MAR 16 2015
Subject: Sctm 1000-115-10-1 -
SoutholdJovan
Hello Carol, I agree with all my neighbors who attended the meetingl I I They are all opposed to the building of so many
homes and the private Marina would be devastating to Marine and wild life that call Deep Whole creak their home.)
asked the planning board how they felt about the subdivision. Knowing that the Planning board truly cares about
keeping the Town of Southold a beautiful country area.. Please rethink developing this pristine piece of property!!!
Respectfully, D Dellaquila
Sent from my !Pad
Southold Town Planning Board — March 9, 2015
Following comment by the public, a motion was made by William Cremers, seconded by
James Rich III and carried unanimously to close the public hearing regarding the Koehler
Family Limited Partnership Standard Subdivision at 6:58 p.m.
********************
Chairman Wilcenski: 6.02 p.m. - New Cinaular Wireless/AT&T at 10408 Hortons Lane -
This proposed Site Plan is for a 75' high wireless telecommunications monopole to include six
(6) AT&T panel antennas and two (2) empty 10' sections for possible future co -location (all
concealed within the pole), along with 300 sq. ft. proposed within an existing building for
associated ground equipment on 6.9 acres in the Light Industrial Zoning District. This
property is located at 1040B Hortons Lane, f400'n/o Traveler Street & Hortons Lane,
Southold. SCTM#1000-63-1-10
Speakers at New Cingular Wireless/AT&T at 1040B Hortons Lane Public Hearing:
John Coughlin, Esq., Agent
Chad Schwartz, Malick & Scherer, PC
Erin Echevarria, VHB Engineering
Michael Lynch, Lynch Appraisal, Ltd.
Bernard Morgan, Bechtel Communications
RE, NIELSEN, HUBER Sc COUGHLIN, LLP
ATTORNEYS AT LAW
36 Nonny Nxw Yonx AvzNuu
ttaNTINUTON, Nnw Yonx 11743
,rICLIMPHONE; (631) 425-4100
March 17, 2015 £AOsimmz: (631) 423-4104 01, 001114aul.
WILLIAM J. NIIII.sax
BY NAND DELIVERY & E-MAIL
Town of Southold Planning Board
Town Annex Building
54375 Main Road
Southold, NY 11971
Attn.: Ms. Carol Kalin
RE: RE: New Cingular Wireless PCS, LLC ("AT&T") — LI 1025
Site Plan Application and Special Exception Permit Application for
Proposed Public Utility Wireless Telecommunications Facility
Premises: 1040-B Horton's Lane, Southold, New York
SCTM#: 1000 -- 63 — 1 —10
Dear Carol:
We are in receipt of your March 10, 2015 correspondence, and submit this letter in response - as
a summary of comments and testimony presented at the March 9, 2015 Planning Board Public
Hearing. As you know, I (JC) introduced the application, and the witnesses who testified
thereafter were: Chad Schwartz (CS); Erin Echevarria (EE); Michael Lynch (ML); and, Bernard
Morgan (BM). Summaries of each individual's testimony follow:
• JC: JC introduced the application, noting the relief needed from the Planning
Board -- Site Plan Approval and Special Exception Permit Approval. JC noted that
AT&T is licensed by the FCC to construct, maintain and operate a wireless
telecommunications system throughout New York and in Suffolk County, and
that AT&T is considered a public utility for zoning purposes.
JC also noted that the services provided by AT&T benefit the community, and are
particularly important during times of emergency, or in places where conventional
telephone lines are not available or operating.
Additionally, JC submitted a green notice card received (in addition to those
submitted to the Town on March 6, 2015), as well as copies of a Planning, Zoning
and Visual Impact Analysis, dated March 2015, by Erin Echevarria of VHB (the
"EE Report") a Real Estate Consulting Report, dated March 9, 2015, by Michael
Lynch (the "ML Report").
• CS: CS presented the layout of the proposal with recurring references to the
Zoning Drawings, dated September 30, 2014, Rev. 7, by Malick & Scherer, which
were included in the Planning Board Application packet submitted on October 27,
2014.
In response to a question from the Board, CS also noted that based on his analysis
of the proposal, the maximum noise expected to emanate from the facility would
be 48.5 dB (if the generator and 2 HVAC units are operating simultaneously).
• EE: EE stated that the installation of the proposed facility upon a very large,
commercially -utilized parcel with vegetative buffers within a mixed-use area is
appropriate from a planning perspective. EE also stated that, to the extent
practicable, the proposed facility will comply with the Special Exception
provisions set forth in the Town Code for a telecommunications facility.
EE presented photographs and photographic simulations, as well as her analysis
thereof. The photographs, photographic simulations and viewpoint analyses can
be found in Section 4.0 of the EE Report.
In conclusion, EE testified that the installation of the proposed facility would not
result in substantial changes to the physical characteristics of the area, nor would
it result in significant adverse impacts to neighborhood character or the
environmental conditions of the area, all in accord with the findings included in
the EE Report.
Additionally, in discussing the possibility of a taller facility at the subject
location, EE noted that the overall visibility of a 95' would not be significantly
greater than the instant proposal, given the design and siting of the facility.
Moreover, EE stated that a taller facility would be preferable as it would promotes
further collocation, reducing the need for multiple, tall structures such as
monopoles or lattice towers to accommodate future wireless communications
facilities.
• ML: ML offered his expert opinion that the proposed facility will not negatively
affect property values in the surrounding area and will not have any adverse effect
on the character of the neighborhood or the pattern of its development, all in
accord with the ML Report.
BM: BM first testified as to the facility's compliance with applicable FCC
standards, summarizing the findings and conclusions stated in the Bechtel RF
Exposure Analysis, dated March 18, 2014, which was included in the Planning
Board Application packet submitted on October 27, 2014. Specifically, BM noted
that the maximum cumulative emissions from the proposed facility would be
1.27% of the FCC stated public exposure limit.
BM also testified as to the need for the facility, presenting and explaining the
propagation maps included in the Planning Board Application packet submitted
on October 27, 2014. BM noted the significant gap in coverage in the vicinity of
the premises, and the substantial need for the proposed facility at the premises to
address that gap,
Additionally, in discussing the possibility of a taller facility at the subject
location, BM noted that if the unipole were constructed at a height of 95', with
AT&T's antennas at the top thereof, AT&T would be able to provide better
coverage to the Southold School buildings to the south/southwest (in its PCS
band), and would be able to provide some coverage to the Bayview area of
Southold, to the southeast (in its Cellular band).
We understand that the Board's review of this matter will continue at the next work session
meeting on Monday, March 23, 2015. 1 will be in attendance and ready to address any questions
regarding this summary or the underlying application. if you would like to discuss this matter in
the interim, please do not hesitate to contact me.
Very truly yours,
RL, NIELSEN, HUBER & COUGHLIN, LLP
By:
�oWX(Wughlin
JJC/mk
cc via email: Brian Cummings
Southold Town Planning Board — March 9, 2015
As there was no one else asking to speak, a motion was made by James Rich III, seconded
by William Cremers and carried unanimously to close the public hearing regarding the New
Cingular Wireless/AT&T at 1040B Hortons Lane Site Plan at 7:28 p.m.
Chairman Wilcenski recused himself from the Royalton Equestrian Application.
James Rich III, Vice Chairman: 6:03 p.m. — Re -open Hearing - Royalton Equestrian: This
Site Plan is for the proposed construction of a 120' x 240' (28,800 sq. ft.) indoor riding ring on
an existing horse farm for the purpose of keeping, breeding, raising and training of horses,
and not open to the public. Existing on site are two horse barns, a roofed horse -walker, and a
single family dwelling and garage on 37 acres in the A -C Zoning District. The property is
located at 55 Cox Neck Road, ±50' across from Westphalia Road, Mattituck. SUM #1000-
113-7-19.23
Notes from Heather Lanza, Planning Director:
• Joe Fischetti, an engineer hired by the neighbor to this subject property, spoke about
his opinion that the Planning Board was not meeting the objectives in 280 —130 H
regarding drainage. He basically said they were not preventing run-off from the
property to the maximum extent possible.
• He suggested that the berm be raised by 2 feet starting at 39 foot contour east to the
eastern property line and south to the 39 foot contour. He said that that would solve all
the problems of drainage.
• The neighbor Mr. Navarro spoke. His comments were largely questions directed at the
Board expressing his dissatisfaction with the Site Plan process.
• Steve Libretto, agent for the applicant, spoke briefly about how the proposed drainage
for the project would work. And then, an engineer for the applicant, Doug Adams, from
Young and Young, spoke briefly about how the drainage was designed to work
according to Town Code.
Speakers at Royalton Equestrian Public Hearing:
Steve Libretto, Agent
Joseph Fischetti, PE
Robert Navarra
Douglas Adams, PE
This is information provided as requested by Heather Lanza, detailing my statements during the Southold Town
planning board hearing regarding Royalton Equestrian on March 9, 2014. This request was made due to an
apparent loss of the audio records for this meeting. My recounting of these statements were made to the best
of my recollection.
(Robert) Michael Navarra: Hello, my name is Robert Michael Navarra, I go by Mike. My first question would be
to Mr. Wilcenski. Why did he recuse himself from the Royalton Estate project?
Chairman Wilcenski: (inaudible response)
(Robert) Michael Navarra: Excuse me, I didn't hear you. Could you say that again louder so I can understand
what you said?
Chairman Wilcenski: We sold them products.
(Robert) Michael Navarra: So why did you not recuse yourself from the previous planning board meeting on
this back in September?
Chairman Wilcenski: I did.
(Robert) Michael Navarra: That's not quite what I remember.
Chairman Wilcenski: I did recuse myself at that meeting.
(Robert) Michael Navarra: That explains a lot to me now. Now I know why the planning board was willing to
give them a building permit so quickly last October.
(Robert) Michael Navarra: Why would town building codes prohibiting property water run-off to flow onto
other properties, and the concerns we raised with Brian Cummings and the rest of the planning board, be
completely ignored?
Unknown board member: They were not ignored.
(Robert) Michael Navarra: Yes, they were.
Sincerely,
Robert Michael Navarra
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PROFESSIONAL ENGINEER MAR 1 6 2015
1725 HOBART ROAD / PO Box 616 SOUTHOLD, NEW YORK 11971`:
TEL: 631.765.2954 FAX: 631.614.3516
e-mail: joseph@fischetti.com Southold Town
Planning Board ,
Date: 16 March 2015
Reference: Royalton Farms - Hearing
Southold Planning Board
Main Road
Southold, NY 11971
The following are my notes used for my presentation to the Planning Board hearing for
Royalton Farms.
In my presentation the phrases Minimum requirements and Maximum Extent will come up
often in my presentation
ENGINEER'S REPORT
The report prepared by the Town Engineer for the planning board for this project dated
October 1, 2014 contained the following:
In paragraph #1 he states " the existing contours shown on the site plan would indicate
that the stormwater generally slopes toward the internal shallow depressions on the site."
That is not true: Mr. Navarra has videos and photos that were shown to the Zoning Board
showing stormwater runoff exiting onto his property. Those photos and videos were emailed to
the Board
7 acres of tributary area drain north toward my clients property. That is evident from the
topographic data on the site plan.
BOARD ^Er,T!` 1.)fNSIRCJ1`0RALE,ti1=INE:FPINC
The engineer says in his paragraph #3 " The drainage design for the proposed Riding Stable
meets the minimum requirements of Chapter 236.
In the recent report to the Planning Board dated February 19`h he again states that the revised
site plan drainage design meets the "minimum requirements of Chapter 236"
That statement does not compiy with Town._Cr des as„it relates to Site Plans
The applicant's drainage design is for the roof runoff and for the disturbed areas around the
building and construction site.
The current drainage plan is designed for a fraction of the drainage coming off the tributary
area. The Drainage Plan does not even address the buildings and impervious surfaces
constructed over the years without town approval as noted by the Town engineer in his
October 1 report.
ZONING CODE
I would like to remind the Board some pertinent items in the Zoning Code
Specifically section 280-130 Site Plan Objectives
That section reads:
In considering and acting upon site plans, the Planning Board shall take into
consideration the public health, safety and welfare, the economic impact and the
comfort and convenience of the public in general and the residents of the
immediate neighborhood in particular and may prescribe appropriate conditions
and safeguards as may be required in order that the result of its action may, to
the maximum extent possible, further the expressed intent of this chapter and the
accomplishment of the following objectives in particular
One of those objectives is drainage in paragraph H
H. Grading and drainage: that all site developments shall respect existing
grades on site and on adjoining sites to avoid unnecessary excavation or filling
and that all storrnwater runoff generated. on site_.wll,be.retained..,on site in an
environmentallyacce table manner. All grading and drainage plans must meet
with the requirements of the Town Engineer and/or Superintendent of Highways.
So, Stormwater runoff must be contained on the site to the maximum extent
possible.
0--.0 -900FA:7:�E1 'r3r?f:.E. IN! STiZ.K, FLNAL t=NG!N(I;E::RJNG>
The Town Code discusses Stormwater Management in Section 236-4
of the Code
Purpose.
It is the purpose of this chapter to promote and protect, to the maximum extent
practicable, (There is that phrase again) the public health, safety and general
welfare by
Sub paragraph i) establishing minimum stormwater management requirements
and controls.
Engineers do that by following Section 236-7 of the Code
Which is to design drainage to contain a 2 -inch rainfall
Designing for a 2 inch rainfall is not the Drainage Design Criteria for the Town.....
It is the Minimum Design Criteria for the Town as stated in the Purpose of this
Section.
The applicant has provided minimum drainage requirements for only the new
building and some lawn area around the construction and not the total drainage
for the 7 -acre tributary area that drains north twards my client's pro a�erht
It is not my intent to delay this Site Plan approval by suggesting a redesign of the
applicant's drainage plan. A simpler and more efficient way to contain the runoff
on the property would be to increase the height of the berm on the north and east
property lines.
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The applicant has suggested a 1 foot high berm along the north and East
property lines with its top elevation 37'. That is not enough to contain all of the
runoff to the maximum extent possible.
It is my opinion that the berm should have its top raised 2 feet higher to the 39=
foot elevation. This will help to contain all of the water on the site as required by
Code "to the maximum extent possible"
The berm should start at the intersection of the 39 foot contour line on the north
property line and continue east to the East property line. Continue south on the
east property line to where the 39 -foot contour intersects the east property line.
QUESTIONS?
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Good Morning Carol,
Steve Libretto <Steve@liccg.com>
Tuesday, March 17, 2015 8:57 AM
Kalin, Carol
Cummings, Brian A.
Comments at March 9th Public Hearing
In response to your letter regarding the technical problems at the March 9th Planning Board meeting, Following are my
comments for the official file.
I represent the Owners of 55 Cox Neck Road LLC and Royalton Farms LLC regarding the Site Plan Application for the
proposed indoor riding ring at 55 Cox Neck Rd. Mattituck. As the board is most likely aware, we recently received the
Special Exception from the Zoning Board allowing us to Board Horses for compensation, and as such, we now seek to
complete the planning process and seek approval of our Site Plan. As a result of the Zoning Board process, the proposed
location of the building was moved slightly on our property totaling 80' to the west. Due to the move of the building it
was necessary to re -open the public hearing regarding our site plan and I asked if the board had any questions regarding
the proposal.
Following Mr. Fischetti's testimony, I offered the following....
Town Code requires that we maintain all rain water that falls on the improved structure for a 2" rain fall event. The town
Engineer has commented on several occasions now that our plan meets the minimum requirement and further added
that he feels that the proposed drainage on our site will significantly if not completely reduce the amount of water that
leaves our property. I also would like to add that the runoff that currently leaves our property, is collected by natural
slopes and directed through an under -road culvert to discharge into a natural passive recharge basin. Not near Mr.
Navvara's improved property as he would like everyone to believe. The fact is that all drainage is being directed to an
area as it was designed to years ago, Mr. Navarra just happened to purchase that property, and clearly subject to the
existing drainage conditions.
If you have any questions regarding these comments, please fee free to contact me at 631-872-6164.
Thank You,
Steve Libretto
Property Manager
55 Cox Neck Rd. Realty LLC
YOUNG & YOUNG
400 Ostrander Avenue
Riverhead, New York 11901
HOWARD W. YOUNG, Land Surveyor
THOMAS C. WOLPERT, Professional Engineer
DOUGLAS E. ADAMS, Professional Engineer
ROBERT C. TAST, Architect
March 25, 2015
e-mail delivery
Attn: Carol Kalin
Town of Southold Planning Board Secretary
PO Box 1179
Southold, New York 11971
Re: Royalton Equestrian - Site Plan
(2014 0083)
Dear Members of the Board,
Telephone 631-727-2303
Facsimile 631-727-0144
adntin(awoungengineering. com
The following is my recollection of the testimony made by me at the public hearing on March 9,
2015, for the above reference project.
My comments had mostly to do with the fact that, although the drainage design for this project is
consistent with that which is required by the Town, it dramatically exceeds the minimum design when
utilizing more current and accurate methods of watershed analysis.
The Rational Method used to determine rainfall runoff volume required by the Town, does not take
into consideration the valuable infiltration rate of the soil around the drainage structures. In my
experience, when designing drainage systems using other methods which include the positive effects of
soil infiltration (utilizing TR -20 and the Soil Conservation Service (SCS)), the results are the equivalent
of about 2.5 times more storage as compared to the Rational Method. This translates to accommodating
an approximate 5" storm event. In addition, taking out the area of the proposed building from the existing
condition, and now capturing all of the roof runoff with additional drainage structures, ensures that,
following the proposed improvements, runoff potentially exiting the property is dramatically reduced.
Please do not hesitate to contact our office if you have any questions or require anything further.
regar( ,
Doug fas lams, PE
/dea
cc: Mr. Charles Cuddy, Esq.
Mr. Steve Libretto
Planning Engineering Land Surveying
Architecture
Southold Town Planning Board — March 9, 2015
Following comment by the public, a motion was made by Pierce Rafferty, seconded by
William Cremers and carried (Chairman Wilcenski recused) to close the public hearing
regarding the Royalton Equestrian Site Plan at 7:45 p.m.
********************
APPROVAL OF PLANNING BOARD MINUTES
Chairman Wilcenski asked for a motion to approve the minutes of February 9, 2015.
A motion was made by James Rich III, seconded by William Cremers and carried
unanimously to approve the minutes of February 9, 2015.
He then asked for a motion for adjournment.
A motion was made by William Cremers, seconded by James Rich III and carried
unanimously to adjourn the meeting.
There being no further business to come before the Board, the meeting was adjourned.
Respectfully submitted,
Carol Kalin, Planning goard Secretary
,,�/James H. Rich, III, V airman
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