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Home My WebLink AboutPB-04/06/2015PLANNING 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 APRIL 6, 2015 6:00 p.m. Present were: James H. Rich III, Vice Chairman William J. Cremers, Member Martin Sidor, Member Pierce Rafferty, Member Heather Lanza, Planning Director Mark Terry, Principal Planner Brian Cummings, Planner Alyxandra Sabatino, Planner Carol Kalin, Secretary SETTING OF THE NEXT PLANNING BOARD MEETING MAnM*4G 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.southoldtow-nny.gov RECEIVE MAY -72015 Q. Y Sou old Town ".lerh- Vice-Chairman Rich: Welcome to the Southold Town Planning Board meeting. The first order of business is for the Board to set Monday, May 4, 2015 at 6:00 p.m. at the Southold Town Hall, Main Road, Southold, as the time and place for the next regularly scheduled 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. Opposed? Motion is passed. Southold Town Planninq Board Page 2 April 6, 2015 APPROVAL OF PLANNING BOARD MINUTES Vice -Chairman Rich: Motion to Approve the Planning Board minutes of: - March 9, 2015 William Cremers: So moved. Martin Sidor: Second. Vice -Chairman Rich: Motion made by Bill, seconded by Martin. Any discussion? All in favor? Ayes. Opposed? Motion is passed. SUBDIVISIONS Conditional Preliminary Plat Determinations: Vice -Chairman Rich: 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, approximately 1,800 feet east of Peninsula Road, on Fishers Island. SCTM#1000-10-10-8.1 Pierce Rafferty: 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, on October 10, 2014, the agent submitted the Preliminary Plat Application with all required material; and WHEREAS, on November 3, 201.4, the Planning Board, at their Work Session, reviewed the application and found it complete; and WHEREAS, on November 3, 2014, the Planning Board set the Preliminary Public Hearing; and WHEREAS, on November 7, 2014, referrals were sent to agencies; and WHEREAS, on November 12, 2014, the Southold Town Trustees responded to the referral request with comments; and Southold Town Planninq Board Page 13 April 6, 2015 WHEREAS, on November 21, 2014, the Department of Environmental Conservation responded to the referral request with comments; and WHEREAS, on December 2, 2014, the Suffolk County Department of Health Services responded to the referral request with comments; and WHEREAS, on December 8, 2014, the Office of the Town Engineer responded to the referral request with comments; and WHEREAS, on December 15, 2014, the Fishers Island Fire District responded to the referral request with comments; and WHEREAS, on December 15, 2014, the Preliminary Public Hearing was held and closed; and WHEREAS, on December 19, 2014, the Suffolk County Planning Commission responded to the referral request with comments; and WHEREAS, on January 7, 2015, the Local Waterfront Revitalization Coordinator responded to the referral request with comments; and WHEREAS, pursuant to §240-56 Waivers of Certain Provisions, the Planning Board may waive or modify provisions of the subdivision regulations, if in its judgment they are not requisite in the interest of the public health, safety and general welfare; and WHEREAS, on January 12, 2015, the Planning Board, at their Work Session, agreed to waive the street light requirement to protect and preserve the night sky in the area and found that waiving the street light requirement is not requisite in the interest of the public health, safety and general welfare pursuant to §240-56 of the Southold Town Code; and WHEREAS, on January 26, 2015, the Planning Board reviewed the application at their Work Session and requested items to be submitted; and WHEREAS, on February 11, 2015, at their Work Session, the Planning Board agreed to accept the Landscape Plan in lieu of the street tree requirement pursuant to §240-56 of the Southold Town Code and found that requiring street trees to be planted was not requisite in the interest of the public health, safety and general welfare in this case because the number of trees being preserved though a Covenant and Restriction on proposed Lot 2 is well over the 19 street trees required for proposed Lots 1 and 2; and WHEREAS, on February 23, 2015, the Planning Board, at their Work Session, reviewed and accepted draft Covenants and Restrictions; and WHEREAS, on March 3, 2015, the applicant submitted 6 copies of the revised Preliminary Plat and Landscape Plan; and WHEREAS, on March 9, 2015, the Planning Board reviewed and accepted all changes Southold Town Planninq Board Page 1 4 April 6, 2015 to the Preliminary Plat and Landscape Plan and requested that the applicant submit a request to the Natural Heritage Program for review; and WHEREAS, on March 9, 2015, the Planning Board, at their Public Meeting, determined that the action is an Unlisted Action under the State Environmental Quality Review Act (SEQRA), declared Lead Agency and granted a Negative Declaration; and WHEREAS, on March 23, 2015, the Planning Board, at their Work Session, found that all requirements have been met pursuant to Article VI Preliminary Plat Review; be it therefore RESOLVED, that the Southold Town Planning Board hereby agrees to accept the Landscape Plan in lieu of the street tree requirement pursuant to §240-56 of the Southold Town Code. William Cremers: Second. Vice -Chairman Rich: Motion made by Pierce, seconded by Bill. Any discussion? All in favor? Ayes. Opposed? Resolution is passed. Pierce Rafferty: And be it further RESOLVED, that the Southold Town Planning Board hereby waives the street light requirement pursuant to §240-56 of the Southold Town Code. William Cremers: Second. Vice -Chairman Rich: Motion made by Pierce, seconded by Bill. Any discussion? All in favor? Ayes. Opposed? Resolution is passed. Pierce Rafferty: And be it further RESOLVED, that the Southold Town Planning Board hereby grants Conditional Preliminary Plat Approval upon the Preliminary Plat prepared by Richard M. Strouse, Land Surveyor, entitled "Preliminary Plat: Ski Standard Subdivision prepared for Jane Chemerynski, David Blomquist & Jimmy Przyborowski", dated September 29, 2014 and last revised February 19, 2015 and upon the Landscape Plan prepared by Richard M. Southold Town Planninq Board Page 1 5 April 6, 2015 Strouse Land Surveyor entitled "Landscape Plan: Ski Standard Subdivision prepared for Jane Chemerynski, David Blomquist & Jimmy Przyborowski" dated February 13, 2015, with the following conditions: 1. Submission of a Final Plat Application meeting all the requirements of §240- 20 of the Southold Town Code; 2. Submission of a Request Natural Heritage Data form to the NY Natural Heritage Program (Phone: (518) 402-8935) to determine the presence or absence of rare species on the parcel. In the event that a rare species is found on the parcel, the Planning Board will mitigate impacts by avoidance of species/habitat disturbance through the placement of required clearing limits and establishment of non -disturbance areas; 3. Submission of a Letter of Water Availability from the Fishers Island Utility Company; 4. The Final Plat must include the following: i. All requirements pursuant to §240-21 B Technical Requirements; ii. The Final Plat must be titled "Final Plat for the Standard Subdivision of... iii. The buffers along Oriental Avenue and Montauk Avenue on proposed Lot 2 must be labeled "Landscape Buffer" to be consistent with the terminology in the Covenants and Restrictions; iv. The non -disturbance area notation along West Harbor on proposed Lot 1 must be revised to state "Non -Disturbance Buffer Area" to be consistent with the terminology in the Covenants and Restrictions; 5. Submission of the Landscape Plan referenced above to be filed with the Final Plat as a second page to the filed map. 6. Submission of Covenants and Restrictions as approved by the Southold Town Planning Board; 7. Calculation of the Administration Fee pursuant to §240-37 of the Southold Town Code; 8. Submission of the Park and Playground Fee in the amount of $7,000.00 ,pursuant to §240-53(G); 9. Submission of a Final Plat endorsed by the Department of Health Services; Southold Town Planninq Board Page 1 6 April 6, 2015 10. Submission of a Letter of Non -Jurisdiction from the Southold Town Trustees; 11. Submission of a Tidal Wetlands Permit from the Department of Environmental Conservation (DEC). William Cremers: Second. Vice -Chairman Rich: Motion made by Pierce, seconded by Bill. Any discussion? All in favor? Ayes. Opposed? Resolution is passed. Conditional Final Plat Extensions: Vice -Chairman Rich: Aries Estates - This proposal is for a Standard Subdivision of an 11.4 -acre parcel into two lots, where Lot 1 equals 5.7 acres, including 3.3 acres of open space, and Lot 2 equals 5.7 acres, including 3.2 acres of open space, in the R-80 Zoning District. The property is located approximately 334.1' to the east of Stars Road in East Marion. SCTM#1000-22-3-2 Martin Sidor: WHEREAS, this proposal is for a Standard Subdivision of an 11.4 -acre parcel into two lots where Lot 1 equals 5.7 acres, including 3.3 acres of open space and Lot 2 equals 5.7 acres, including 3.2 acres of open space, in the R-80 Zoning District; and WHEREAS, on March 10, 2014, the Southold Town Planning Board granted Conditional Final Approval upon the map entitled "Final Plat for the Subdivision Map Shawn Tully", prepared by Howard Young, L.S., dated June 25, 2010 and last revised October 1, 2013, subject to conditions to be completed prior to Final Plat Approval; and WHEREAS, on September 10, 2014, Conditional Final Plat Approval expired; and WHEREAS, the applicant requested a 90 day extension to fulfill the conditions of Conditional Final Approval; and WHEREAS, the Southold Town Planning Board granted a 90 day Extension of Conditional Final Approval through December 10, 2014; and WHEREAS, in a letter dated December 1, 2014, the agent requested an extension to provide the applicant more time to obtain the Performance Bond; and WHEREAS, on December 10, 2014, the Extension of Conditional Final Approval expired; and Southold Town Planning Board P a g e 1 7 April 6, 2015 WHEREAS, the Planning Board found that the reason for the extension was acceptable; and WHEREAS, the Southold Town Planning Board granted a 90 day Extension of Conditional Final Plat Approval though March 10, 2015; and WHEREAS, on March 10, 2015, Conditional Final Plat Approval expired and was the last Extension of Conditional Final Approval allowed by Town Code §240-25 C; and WHEREAS, pursuant to §240-56 Waivers of certain provisions, the Planning Board may waive or modify provisions of the subdivision regulations, if in its judgment they are not requisite in the interest of the public health, safety and general welfare; and WHEREAS, on April 6, 2015, the Planning Board, at their Work Session, reviewed a request from the applicant to extend their Conditional Final Plat Approval beyond the limit in the Town Code to give the applicant more time to review and further understand the limitations of the building envelope/clearing area on the proposed lots. The limit of extensions in Town Code §240-25 C is 360 days, which limit was exceeded on March 10, 2015. After review, the Planning Board found that the limit of 360 days of extensions beyond the original Conditional Final Plat Approval is not requisite in the interest of the public health, safety and general welfare in this case because a short extension beyond that would have no effect on the public. No code changes, other regulation changes or changes in the conditions or features of the land are expected to occur within the additional 90 days requested; be it therefore RESOLVED, that the Southold Town Planning Board hereby modifies Town Code §240- 25 C as stated above, to allow an additional 90 day Extension of Conditional Final Plat Approval; William Cremers: Second. Vice -Chairman Rich: Motion made by Martin, seconded by Bill. Any discussion? All in favor? Ayes. Opposed? Resolution is passed. Martin Sidor: And be it further RESOLVED, that the Southold Town Planning Board hereby grants a 90 day Extension of Conditional Final Approval through June 8, 2015 upon the map entitled "Final Plat for the Subdivision Map Shawn Tully", prepared by Howard Young, L.S., dated June 25, 2010 and last revised October 1, 2013, subject to conditions. Southold Town Planning Board Page 8 April 6, 2015 If the conditions of Conditional Final approval are not met within the 90 day extension of time, the application for Final Plat must be re -submitted along with the corresponding fee. William Cremers: Second. Vice -Chairman Rich: Motion made by Martin, seconded by Bill. Any discussion? All in favor? Ayes. Opposed? Resolution is passed. SPECIAL EXCEPTIONS - STATE ENVIRONMENTAL QUALITY REVIEW ACT and DETERMINATIONS SEQRA Determinations: Vice -Chairman Rich: New Cingular Wireless/AT&T at 1040B Hortons Lane - This proposed Special Exception (and Site Plan) is for a 95' high wireless telecommunications monopole to include six (6) AT&T panel antennas and four (4) 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. The property is located at 1040B Hortons Lane, ±400'n/o Traveler Street & Hortons Lane, Southold. SCTM#1 000-63-1 -10 William Cremers: WHEREAS, an application for a Special Exception & Site Plan Approval for a wireless communication facility was accepted for review on February 9, 2015, including a Site Plan prepared by Malick & Scherer, P.C. on January 21, 2010; and WHEREAS, the Southold Town Planning Board reviewed the above -referenced request for a Special Exception for a 95' high wireless telecommunications monopole to include six (6) AT&T panel antennas and four (4) 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, Southold; and WHEREAS, on February 9, 2015, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act §617.6, established itself as lead agency for this Unlisted Action; and WHEREAS, on February 12, 2015, the Southold Town Planning Board, pursuant to Part 617, Article 6 of the Environmental Conservation Law acting under the State Southold Town Planninq Board Page 19 April 6, 2015 Environmental Quality Review Act, initiated the SEAR lead agency coordination process for this Unlisted Action; and WHEREAS, the submission by the applicant has been reviewed and corroborated with an independent radio frequency engineer retained by the Town to assist in the review process; and WHEREAS, on March 9, 2015, a public hearing was held and closed; and WHEREAS, on March 23, 2015, the General Requirements in §280-70 were met; and WHEREAS, on March 23, 2015, the Southold Town Planning Board made a determination that the applicant has satisfied the requirements for a Special Exception pursuant to Town Code Section 280-142 and the additional standards for a Special Exception in Town Code Section 280-73B as detailed in the Staff Report dated March 23, 2015; and WHEREAS, on March 27, 2015, the Southold Town Building Inspector reviewed the plan and certified that the proposed Wireless Communication Facility is a permitted use in the Light Industrial Zoning District; therefore, be it RESOLVED, that the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, performed a coordinated review of this Unlisted Action and, as lead agency, made a determination of non -significance and grants a Negative Declaration. Martin Sidor: Second. Vice -Chairman Rich: Motion made by Bill, seconded by Martin. Any discussion? All in favor? Ayes. Opposed? Resolution is passed. William Cremers: And be it further RESOLVED, that the Southold Town Planning Board hereby finds and determines that the standards for Special Exception Approval have been met. Martin Sidor: Second. Vice -Chairman Rich: Motion made by Bill, seconded by Martin. Any discussion? All in favor? Ayes. Southold Town Planninq Board Page 1 10 April 6, 2015 Opposed? Resolution is passed. William Cremers: And be it further RESOLVED, that after deliberation of the application and consideration of the above factors, the Southold Town Planning Board grants a Special Exception for the Wireless Communications Facility as shown in the Site Plan Application for "AT&T @ 1040B Hortons Lane", prepared by Malick & Scherer, P.C. on January 21, 2010, and last revised on April 2, 2015. Martin Sidor: Second. Vice -Chairman Rich: Motion made by Bill, seconded by Martin. Any discussion? All in favor? Ayes. Opposed? Resolution is passed. SITE PLANS Determinations: Vice -Chairman Rich: New Cingular Wireless/AT&T at 1040B Hortons Lane - This proposed Site Plan is for a 95' high wireless telecommunications monopole to include six (6) AT&T panel antennas and four (4) 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. The property is located at 1040B Hortons Lane, ±400'n/o Traveler Street & Hortons Lane, Southold. SCTM#1.000-63-1-10 Pierce Rafferty: WHEREAS, this proposed Site Plan is for a 95' high wireless telecommunications monopole to include six (6) AT&T panel antennas and four (4) 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, Southold; and WHEREAS, the agent to the applicant, John Coughlin, Esq., submitted an application for Site Plan review and Special Exception review on October 27, 2014; and Southold Town Planning Board Page 11 April 6, 2015 WHEREAS, on November 17, 2014, the Planning Board found the application incomplete for review with revisions to be made and further information to be submitted; and WHEREAS, on November 20, 2014, pursuant to §280-74A(4) of the Town Code, the Planning Board entered into a Letter of Agreement with CityScape Consultants, Inc. to assist the Board in reviewing and evaluating the proposed wireless application; and WHEREAS, on January 23, 2015, the agent to the applicant, John Coughlin, Esq., submitted the information requested; and WHEREAS, on February 9, 2015, the Planning Board formally accepted the application as complete for review; and WHEREAS, on February 9, 2015, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act §617.6, established itself as lead agency for this Unlisted Action; and WHEREAS, on February 12, 2015, the Southold Town Planning Board, pursuant to §617.6 of the Environmental Conservation Law acting under the State Environmental Quality Review Act, initiated the SEQR lead agency coordination process for this Unlisted Action; and WHEREAS, on February 12, 2015, 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 2, 2015, the Southold Fire District determined there was adequate fire protection and emergency access for the site; and WHEREAS, on March 6, 2015, the Southold Town Fire Inspector reviewed and . determined that there was adequate fire protection and emergency access for the site; and WHEREAS, on March 9, 2015, a public hearing was held and closed by the Planning Board for the above -referenced Site Plan; and WHEREAS, on March 18, 2015, the Town of Southold LWRP Coordinator reviewed the above -referenced project and has recommended the proposed project be found consistent with Southold Town LWRP policies; and WHEREAS, on March 18, 2015, the Southold Town Engineer reviewed the above - referenced application and determined the project meets the minimum requirements of Chapter 236 for Storm Water Management; and WHEREAS, on March 19, 2015, the Architectural Review Committee (ARC) reviewed the proposed project and approved the design as submitted; and Southold Town Planning Board Page 112 April 6, 2015 WHEREAS, at a Work Session held on March 23, 2015, the Planning Board reviewed the report issued by Cityscape Consultants and determined that an increase in overall height of the proposed tower from 75' to 95' with potential future co -locations would achieve the result of fewer antenna support structures in the immediate area of this commercial zone; and WHEREAS, at a Work Session held on March 23,. 2015, the Planning Board reviewed the recommendation to waive §280-701(2) for the maximum height of 80 feet in this Light Industrial (commercial) Zone. They found that an increase in overall height of the proposed tower to 95' with potential future co -locations would achieve the result of fewer antenna support structures in the immediate area of this commercial zone; and WHEREAS, at a Work Session held on March 23, 2015, the Planning Board reviewed the request to waive §280-701(3) for the minimum distance of all wireless equipment to adjacent residential property lines. They found that the proposed ground equipment is contained entirely within an existing storage building on site and the proposed tower has been certified to be constructed with a smaller fall zone; and WHEREAS, at a Work Session held on March 23, 2015, the Planning Board reviewed the request to waive §280-70N(4) for base equipment and shelter landscaping. They found that the proposed ground equipment is contained entirely within an existing storage building on site which accomplishes the goal of concealing the base equipment shelter from other properties and roads; and WHEREAS, at a Work Session held on March 23, 2015, the Planning Board found that all applicable requirements of the Site Plan Regulations Article XXIV, §280 — Site Plan Approval of the Town of Southold have been met; and WHEREAS, on March 27, 2015, the Southold Town Chief Building Inspector reviewed and certified the proposed Wireless Communication Facility as a permitted use in the Light Industrial Zoning District; and WHEREAS, on April 2, 2015, revised Site Plans showing the 95' tower height were submitted by the agent to the applicant, John Coughlin, Esq., and reviewed by CityScape and the Planning Board and accepted; and WHEREAS, the Southold Town Planning Board, in their Special Exception Approval resolution on April 6, 2015, and pursuant to Part 617, Article 6 of the Environmental Conservation Law acting under the State Environmental Quality Review Act, granted a Negative Declaration for this Unlisted Action; and WHEREAS, at their public meeting on April 6, 2015, the Planning Board granted approval to the Special Exception Application for this site; be it therefore RESOLVED, that the Southold Town Planning Board hereby waives §280-701(2) of the Town Code for the maximum height of 80 feet in this Light Industrial Zone as described above. Southold Town Planning Board Page 113 April 6, 2015 William Cremers: Second. Vice -Chairman Rich: Motion made by Pierce, seconded by Bill. Any discussion? All in favor? Ayes. Opposed? Resolution is passed. Pierce Rafferty: And be it further RESOLVED, that the Southold Town Planning Board waives §280-701(3) for the minimum distance of all wireless equipment to adjacent residential property lines as described above. William Cremers: Second. Vice -Chairman Rich: Motion made by Pierce, seconded by Bill. Any discussion? All in favor? Ayes. Opposed? Resolution is passed. Pierce Rafferty: And be it further RESOLVED, that the Southold Town Planning Board waives §280-70N(4) for base equipment and shelter landscaping as described above. William Cremers: Second. Vice -Chairman Rich: Motion made by Pierce, seconded by Bill. Any discussion? All in favor? Ayes. Opposed? Resolution is passed. Pierce Rafferty: And be it further Southold Town Planning Board Page 1 14 April 6, 2015 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. Vice -Chairman Rich: Motion made by Pierce, seconded by Bill. Any discussion? All in favor? Ayes. Opposed? Resolution is passed. Pierce Rafferty: And be it further RESOLVED, that the Southold Town Planning Board grants Approval with a Condition to the Site Plan entitled "AT&T @ 1040B Hortons Lane",prepared by Malick & Scherer, P.C. on January 21, 2010, last revised on April 2, 2015, and authorizes the Chairman to endorse the Site Plan, including the following twelve plans: 1. Z01 —Cover Page 2. Z02 —Key Map 3. Z03 — Key Map; Founders Village Condominiums 4. Z04 — Radius Map / Vicinity Map 5. Z05 — Historical / Cultural and Landmark Locations 6. Z06 — Site Plan 7. Z07 — Detailed Site Plan 8. Z08 — Equipment Room 9. Z09 — Elevation and Details 10. Z10 — Generator Detail 11. Z11 — Mechanical Details 12.Z12 — Equipment Specifications The condition is as follows: 1. Prior to a Building Permit being issued, a "Letter of No Objection" from the Long Island Rail Road must be provided to this department. William Cremers: Second. Vice -Chairman Rich: Motion made by Pierce, seconded by Bill. Any discussion? All in favor? Ayes. Southold Town Planning Board Page 1 15 April 6, 2015 Opposed? Resolution is passed. Vice -Chairman Rich: 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 with a total of 34 horse stalls, 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 Martin Sidor: WHEREAS, 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 with a total of 34 horse stalls, a roofed horse -walker, and a single family dwelling and garage on 37 acres in the A -C Zoning District, Mattituck; and WHEREAS, on August 6, 2014, Steve Libretto, 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 details of which are included in the Staff Report, dated August 18, 2014; and WHEREAS, on August 21, 2014, the Planning Board formally accepted the agricultural application as complete for review with additional information required; and WHEREAS, on August 26, 2014, the Planning Board, pursuant to Southold Town Code §280-131 C., distributed the application to the required agencies for their comments; and WHEREAS, the Southold Town Planning Board, pursuant to State Environmental Quality Review (SEAR) 6 NYCRR, Part 617.5 (c) (3), 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" and, therefore, not subject to SEQRA review; and Southold Town Planning Board Page 116 April 6, 2015 WHEREAS, on August 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 September 8, 2014, a public hearing was held and closed; and WHEREAS, on September 16, 2014, the Mattituck Fire District determined there was adequate fire protection for the site; and WHEREAS, on September 18, 2014, the Architectural Review Committee reviewed the application and approved it as submitted; and WHEREAS, on September 24, 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 WHEREAS, on September 29, 2014, the Suffolk County Planning Commission deemed the Site Plan Application a matter for local determination as there appears to be no significant county -wide or inter -community impact(s); and WHEREAS, on October 1, 2014, the Southold Town Engineer reviewed the above - referenced application and has determined that the proposed drainage meets the minimum requirements of Chapter 236 for Storm Water Management; and WHEREAS, on October 6, 2014, the Southold Town Chief Building Inspector reviewed and certified the proposed Site Plan as a permitted use in the A -C Zoning District; and WHEREAS, on October 6, 2014, the Southold Town Planning Board received new information regarding the proposed horse farm operation and determined that the proposed action should be referred to and reviewed by the Zoning Board of Appeals for the on-site uses proposed; and WHEREAS, on February 6, 2015, the Zoning Board of Appeals (ZBA) granted a Special Exception Variance for File #SE6816 with five (5) conditions: (1) Pursuant to Section 280-141 (C) "a Special Exception approval shall be valid for a period of six months but may be extended for one additional six-month period by the Zoning Board of Appeals within the requirement of new public notice of hearing. A continuing or permanent land use authorized by a Special Exception Approval, which use is undertaken or begun during the period of validity of such approval, shall thereafter be deemed a lawful use...; (2) The applicant must submit the amended/revised Site Plan cited herein to the Planning Board and obtain Site Plan approval from the Planning Board. Failure to do so will render this Special Exception Permit null and void; (3) The applicant shall install a landscaped buffer of Leyland Cypress or similar type evergreen screening along their northwest property line to shield the view of the Southold Town Planning Board Page 117 April 8; 2015 indoor riding ring from residential properties to the north, as approved by the Planning Board; (4) The applicant shall install and maintain light blocking shades on the northwest side windows of the indoor riding ring in order to ensure that light pollution does not emanate from same and trespass onto adjoining properties; (5) All drainage shall conform to Chapter 236 Storm Water Management Code"; and WHEREAS, on February 20, 2015, the Southold Town Engineer reviewed the revised above -referenced application and determined that the proposed drainage meets the requirements of Chapter 236 for Storm Water Management; the only change from the original report was the location of the proposed building and drainage systems; and WHEREAS, on February 23, 2015, the Southold Town Planning Board reviewed the revised Site Plan that re -located the proposed riding ring ±80' to the southwest and determined that the revision to the Site Plan was a significant change and required the hearing to be re -opened; and WHEREAS, on March 9, 2015, the Southold Town Planning Board held and closed the re -opened public hearing for the revised Site Plan; and WHEREAS, at their Work Session held on March 23, 2015, the Planning Board reviewed the revised Site Plan with reference to the comments made at the hearing held on March 9th; and WHEREAS, at their Work Session held on March 23, 2015, the Planning Board reviewed the revised Site Plan with the Town Engineer and determined that the proposed drainage for the riding ring meets the minimum requirements of Chapter 236 for Storm Water Management and cited prior reports that state the same; and WHEREAS, at a Work Session held on March 23, 2015, the Planning Board found that all applicable requirements of the Site Plan Regulations Article XXIV, §280 — Site Plan Approval of the Town of Southold have been met; and. WHEREAS, on March 27, 2015, the Southold Town Chief Building Inspector reviewed the revised Site Plan and certified the proposed riding academy as a permitted use in the A -C Zoning District pursuant to ZBA File #SE6816; therefore, be it RESOLVED, that the Southold Town Planning Board hereby waives certain Site Plan Application requirements as noted above. William Cremers: Second. Vice -Chairman Rich: Motion made by Martin, seconded by Bill. Any discussion? All in favor? Ayes. Southold Town Planning Board Page 1 18 April 6, 2015 Opposed? Resolution is passed. Martin Sidor: 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. Vice -Chairman Rich: --Motion made by Martin, seconded by Bill. Any discussion? All in favor? Ayes. Opposed? Resolution is passed. Martin Sidor: And be it further RESOLVED, that the Southold Town Planning Board grants Approval to the Site Plan entitled "Royalton Equestrian", prepared by Young and Young on August 4, 2014, last revised March 3, 2015, and authorizes the Chairman to endorse the Site Plan including the following three (3) plans: 1. Sheet 1 of 3: Site Plan 2. Sheet 2 of 3: Detailed Site Plan 3. Sheet 3 of 3: Existing Conditions Map William Cremers: Second. Vice -Chairman Rich: Motion made by Martin, seconded by Bill. Any discussion? All in favor? Ayes. Opposed? Resolution is passed. Set Hearings/SEQRA Type Classifications: Vice -Chairman Rich: Lucas Ford - This amended Site Plan is for an 80' x 115' (9,200 sq. ft.) service area addition and alterations to the existing 80'x 150' (12,000 sq. ft.) car dealership with 189 parking stalls on 4.1 acres in the General Business (B) Zoning District. The property is located at 3245 Hortons Lane, Southold. SCTM#1000-59-3-32.1 Southold Town Planning Board Page 119 April 6, 2015 William Cremers: WHEREAS', this amended Site Plan is for an 80'x 115'(9,200 sq. ft.) service area addition and alterations to the existing 80'x 150' (12,000 sq. ft.) car dealership with 189 parking stalls on 4.1 acres in the General Business (B) Zoning District, Southold; 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. Martin Sidor: Second. Vice -Chairman Rich: Motion made by Bill, seconded by Martin. Any discussion? All in favor? Ayes. Opposed? Resolution is passed. William Cremers: And be it further RESOLVED, that the Southold Town Planning Board sets Monday, May 4, 2015 at 6:01 p.m. for a Public Hearing regarding the Site Plan entitled "Lucas Ford", prepared by Victor Cuneo Architect P.C., dated July 4, 2014, last revised March 5, 2015. Martin Sidor: Second. Vice -Chairman Rich: Motion made by Bill, seconded by Martin. Any discussion? All in favor? Ayes. Opposed? Resolution is passed. TABLED - Set Preliminary Residential Site Plan Hearings: Vice -Chairman Rich: The Heritage at Cutchogue - This proposed Residential Site Plan is for the development of 130 detached and attached dwellings classified in two types: 40 "Type A" units (1,999 +/- sq. ft. livable area), and 90 "Type B" units (1,599 +/- sq. ft. livable area). In addition, there are proposed the following: a 6,190 sq. ft. Southold Town Planning Board Page 120 April 6, 2015 community center with a ±1,125 sq. ft. outdoor swimming pool, two tennis courts, a putting green, 296 parking spaces of which 260 are associated with the individual dwelling units and 36 are associated with the community center, and various other associated site improvements, on a vacant 46.17 -acre parcel in the Hamlet Density (HD) Zoning District located on the n/w corner of Griffing Street and School House Lane,. approximately 1,079 feet n/o the Main Road, in Cutchogue. SCTM#1000-102-1- 33.3 William Cremers: Motion made to table The Heritage at Cutchogue. Martin Sidor: Second. Vice -Chairman Rich: Motion made by Bill, seconded by Martin. Any discussion? All in favor? Ayes. Opposed? Motion is passed. SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Type Classifications: Vice -Chairman Rich: 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; 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)(7): construction or expansion of a primary or accessory/appurtenant, non-residential structure or facility involving less than 4,000 square feet of gross floor area and not involving a change in zoning or a use variance and consistent with local land use controls, but not radio communication or microwave transmission facilities. The action is for interior renovations to the existing building with no expansion of the footprint; be it therefore Southold Town Planning Board Page 121 April 6, 2015 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. William Cremers: Second. Vice -Chairman Rich: Motion made by Pierce, seconded by Bill. Any discussion? All in favor? Ayes. Opposed? Resolution is passed. Vice -Chairman Rich: Olde Colonial Place, LLC - This Site Plan Application is to demolish an existing 2Y2 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. The property is located at 615 Pike Street, ±180' n/e/o Love Lane & Pike Street, Mattituck. SCTM#1000-140-2-21 Martin Sidor: WHEREAS, this Site Plan Application is to demolish an existing 2Y2 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; 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. Vice -Chairman Rich: Motion made by Martin, seconded by Bill. Any discussion? All in favor? Ayes. Opposed? Resolution is passed. SEQRA Determinations: Southold Town Planning Board Page 122 April 6, 2015 Vice -Chairman Rich: 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 William Cremers: 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, the applicant submitted an application for Site Plan review on December 17, 2014; and WHEREAS, on January 13, 2015, the Planning Board accepted the application for review; and WHEREAS, on January 29, 2015, the Southold Town Planning Board, pursuant to §617.6 of the Environmental Conservation Law acting under the State Environmental Quality Review Act, initiated the SEQR lead agency coordination process for this Unlisted Action; and WHEREAS, on March 9, 2015, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act §617.6, established itself as lead agency for this Unlisted Action; be it therefore RESOLVED, that the Southold Town Planning Board, as Lead Agency pursuant to SEQRA, hereby makes a determination of non -significance for the proposed action and grants a Negative Declaration. Martin Sidor: Second. Vice -Chairman Rich: Motion made by Bill, seconded by Martin. Any discussion? All in favor? Ayes. Opposed? Resolution is passed. ******************** PUBLIC. HEARINGS Vice -Chairman Rich: 6:01 p.m. - Olde Colonial Place, LLC - 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 Southold Town Planning Board Page 123 April 6, 2015 acres in the Hamlet Business Zoning District. The property is located at 615 Pike Street, +180' n/e/o Love Lane & Pike Street, Mattituck. SCTM#1000-140-2-21 Anybody wishing to address the Planning Board on this issue, step forward to either one of the mics. Please state and write your name, and keep your comments concise. If anyone is here from Olde Colonial we will let them respond, but you will be addressing us. Sir, you can sign your name after you speak. James Gildersleeve: I am James Gildersleeve, I live at 715 Pike Street. The reason I am here is the Gildersleeve family has lived there for years; this project will probably impact our quality of life. The .parking will be horrendous there; there is no room to park now. He hasn't got enough room to park in the back, even for four employees or each store has to have four employees. There's just not enough room to park, for a project like that. Plus I think it would just ruin the whole Mattituck look, to have basically a strip mall in there. I think that the Board should really look at this, because there are existing businesses that are opening up on the opposite side of the street that will be affected by him tearing down the buildings. They'll be construction equipment in there; trucks in there, the whole Pike Street will probably be closed down because of it. I just think this is a bad project for Mattituck village. I think we should re -think this whole thing, because as you know if you try to get a parking place in the parking lot you can't get it anymore. It's full, with all the business that exist in the village, that's what it's there for. This project can't use those parking lots, so in closing I just think it's a bad project for Mattituck. Vice -Chairman Rich: Thank you for your input and your opinions will certainly be considered. Anyone else wish to address, state your name and when you're done sign. Mary Eisenstein: Good evening, I am Mary Eisenstein, and I am here representing the Mattituck-Laurel Civic Association. Our question has to do with the parking, and the size of the project relative to the parking that's available. When you look at the overall business that is on Pike Street, not even counting Love Lane, there is limited parking as it is and it's my understanding, correct me if I am wrong, this is five stores that is in the plan. Vice -Chairman Rich: Preliminarily, yes. Mary Eisenstein: I beg your pardon. Vice -Chairman Rich: Preliminarily, yes. Mary Eisenstein: So next door there are two new spaces, one has just opened up, which is a nail salon. What I believe is going to be opening up is a food, restaurant take-out as well as sit in. There is parking for that, and as that gentleman just said there is a new Greek place that just opened up over on Pike Street. To now have five more places to require parking, I think the dimensionality needs to be looked at by the Planning Board because it's not just those five stores that need parking; it's the overall place that needs parking. The second point I would like to ask for clarification is, I Southold Town Planninq Board Page 125 April 6, 2015 due to increasing traffic, congestion and parking issues. Who won't be interested in purchasing a residential property on Pike Street or Love Lane because of the concerns of residing within a highly trafficked area? What will the values of residential properties be on Pike Street without the careful and thoughtful consideration and planning for the incorporation of more store fronts? I am a little frightened that my immediate community will be forever a negatively changed, from a shared residential and business area, which I fully support, to one whose focus is business development only and businesses whose accommodation is the Towns only concern. Simply put, out of sight out of mind, if you don't already live on Pike Street your understanding is not as great or as personal as ours. Successful retail operations require lots of people, and lots of people drive cars to conduct their businesses or to patronize. Where will they park? I stated earlier that I would share the traffic and parking issues on the corner of Pike Street and Mary's Road because I believe Pike Street is in trouble overall. In the 40's and 50's my father farmed the current Mattituck-Cutchogue School's athletic field with an intention to buy the property from the Pike family. He purchased the % acre from the Pikes and built his home, simply because his work and business was across the street, his farm. The Pikes received a greater offer from a developer who intended to create a residential community, but the Mattituck School District decided to purchase instead, which was more in alignment with what the Pike family desired, as per my father's retime. Currently the Mattituck-Cutchogue High School and Athletic Field, from the view on Mary's Road is a bit of a worry, we have traffic, congestion and parking problems there as well, which could have been alleviated by careful and thoughtful, consideration and planning every time the school was expanded. I won't take the time to account for the transformation of Pike Street and Mary's Road from 'a historical perspective; we are going to focus on today. Today, Mary's Road and Pike Street, surrounding the school is suffering from the traffic and parking the school draws and necessitates without Southold Town's Planning input. Today, whenever a school or athletic event is scheduled Pike Street is barely passable due to the parked cars of parents, students or participants on either side of Pike Street. Let us not forget that there is a blind spot on the Crest of Pike Street hill. When vehicles are parked on both sides, or just one side, one lane of traffic is created. I never know when I am travelling west, at the crest, in the one lane if someone is driving east, or vice versa. I slow down, blow my horn and pray I won't collide head on with another vehicle. Mary's Road is sometimes not passable at all, cars are parked on the school property as well as the homeowner's properties. People use my driveway to park and turn around. The cars parked on the schools property on Mary's Road are parked haphazardly without sufficient room between the road and the chain link fence enclosing the athletic field, to accommodate vehicles larger than a mid-sized sedan. I have actually witnessed drivers hit the post my mailbox is attached to, and drivers or passengers open their doors and hit the mailbox. I approached a truck owner after he attempted to exit his vehicle, while being prevented to do so because my mailbox was in the way. Striking it over and over again, he was angry that I approached him, at one point it seemed a good idea to post our mailboxes on that side of the street, before it became a parking area. Could it be poor planning without consideration of expansion or change? Last summer I called the police, because there was an athletic event occurring on a Saturday afternoon and a super- sized truck was parked in the middle of my lawn. I was embarrassed to call the police for this, that is not what they need to be doing: I am a progressive thinker, but believe progress is in the eye of the beholder, especially when more than one set of eyes are Southold Town Planninq Board Page 1 26 April 6, 2015 involved. Please, think carefully, plan futuristically, hear from everyone, residential and business owners alike. Consider this; don't contribute to the destruction of the very things that we hold dear and desirable in Mattituck generally, and Love Lane and Pike Street in particular, especially in light of the traffic, congestion and parking challenges occurring on Mary's Road and Pike Street right now. Thank you. I don't have a pen to sign it. Vice -Chairman Rich: Thank you, everybody's input will be considered. Ma'am? Deb Windsor: Hi, I guess my question is, if you're using a 300 foot radius for parking and you're cresting basically a mini -mall. Vice -Chairman Rich: Can you state your name? Deb Windsor: Deb Windsor, you're creating basically a mini -mall, five stores a pretty intensive shopping destination. Where are the crosswalks, how do you plan to have children and families cross the street safely to get to this? Vice -Chairman Rich: Well this is a preliminary hearing and your questions... Deb Windsor: I guess I am just asking, with a 300 foot radius I don't see any really safe ways to get to this destination, to cross that traffic. Vice -Chairman Rich: Your questions are being recorded and they will be addressed. Deb Windosr: Okay, thanks. Vice -Chairman Rich: Anyone else wish to address the Planning Board on this issue? William Cremers: I make a motion to close the hearing. Edward Broidy: Good evening, my name is Edward Broidy, and I am proposing to build five stores on Pike Street, which is zoned for what I intend to build. There are a lot, I'd like to address some of the questions that some of the participants brought to this board this evening. First of all, number one we'll start with, Mr. Gildersleeve where he was concerned basically with the construction and demolition. Now property is large enough to bring the equipment in and do the demolition, so it's not going to tie up the street whatsoever. Building the building, same thing, there is enough property there to be able to construct the building without and hazardous to traffic. Mary, who belongs to the Civic Association, which I had gone to their first meeting and they haven't really were authorized to be a civic association as of the meeting I went to, but she was going to come down and talk in reference to the people that were there. So to answer her concerns it was basically about parking and we had Mr. Herbert come up and his concerns were basically again about parking. We had Susan, now she lives about two and a half blocks to the very East, it's not even, it's on Pike Street but it's near the school, its way down. The concern she had, I would limit it because it's not that prevalent. To answer the question, the most important thing that we need here and to straighten things where people will be understandable, you have to have signs to Southold Town Planninq Board P a q e 124 April 6, 2015 believe on the Site Plan its saying parking in the municipal parking lot in Mattituck. Is that the parking area that belongs to the park district? Vice -Chairman Rich: Yes. Mark Eisenstein: So that's technically not a municipal parking lot, am I clear on that thinking? Heather Lanza: Yes, also there are other parking areas that, I think are within 300 feet, which I think he was trying to count. Mary Eisenstein: Could you just be clear for us on what those other parking areas are. Heather Lanza: There is the small lot by the Rail Road Station would be one, and I'm not sure if the one back behind, across from the church is within 300 feet. These are all things we are still analyzing. Mary .Eisenstein: Alright, okay, so what we are asking, as the Civic Association is for you to take into consideration the whole of what is taking place from a traffic perspective and parking to the residence of Mattituck-Laurel. Please consider this very seriously. Thank you. Vice -Chairman Rich: Thank you, please sign your name. Anyone else wishing to address the Planning Board? Michael Herbert: Good evening, my name is Michael Herbert, I am also a resident on Pike Street. I actually live next to Jim Gildersleeve. My main concern of course is also the parking because the municipal lots that are already existing are servicing the local businesses already, and I see on a daily basis how they are already filled up by mid- day. The Greek place, that Charlie Zahra, in his facility is soon to be open. I mean that hasn't even opened yet, so once that opens up then you know it's just going, and he's totally dependent on the municipal parking. So my main concern really is the parking situation because I see that people looking for parking spaces they'll park anywhere where they can. But that's the main objective, is that if it's a new construction then I feel that they should have on-site parking for all the concerns. That's my thoughts. Vice -Chairman Rich: Thank you Mr. Herbert, be sure to sign your name. Anyone else wishing to address the Planning Board? Go ahead. Susan Berkoski: Good evening, my name is Susan Berkoski, I reside at the corner of Pike Street and Mary's Road. Unfortunately Pike Street even suffers from traffic and parking issues nearly two- blocks east of Pike Street and Love Lane which I intend to share in a moment. First things first, I agree with Michael Herbert and Mr. Gildersleeve's concerns as fellow Pike Street residents. As a Pike Street resident and Love Lane shopper I have experienced the increasing traffic, congestion and inability to easily park when frequenting businesses on Love Lane. I also worry, as a Pike Street homeowner, the adverse effects of traffic, congestion and lack of parking on the value of my home should I decide to sell. And the damages that my property continues to suffer Southold Town Planninq Board Page 1 27 April 6, 2015 parking. Now, the parking lot right across the street, from where my proposed five buildings are, is only one parking lot. There is a parking lot on the West side of the stores on Love Lane. Over 220 parking spots, never getting used is not a problem if you have the signage and they say park in the other parking lot if it's full. Again, the tenants and the people who participate come into the stores, if they can't get into that parking lot they are going to go to the one by the rail road, they are going to go to the other one. And the people, it's like a first come, first basis if there's no parking you go to the next parking lot. So the biggest thing that we have to consider here is signage. I've got a right to build there, where Susan is not zoned for hamlet business, there's no big concern there. About walkways, we have walkways from Love Lane into the parking lot to the West; we have one off Pike Street by the Rail road into the parking lot. Again, we have to have signage to alleviate this. The maximum amount of build out, this is probably going to be my last building. I don't think there's much room for anything else in the whole area. It's the last feasible piece of property that can be utilized. Most important of all, a year and a half ago, the Supervisor himself had a discussion with the newspapers, it was on television and in the paper, he would like to see a walk area so people who have a designation to come to Love Lane and not just leave right away. Come and walk and enjoy themselves, so it really becomes a designation. A couple other suggestions is, we were talking about putting a green up. If a green goes up by the church or close it off and let the Town sell it off and someone will bid on it. Put up two more stores, that's the maximum. By doing that you pick up 120 cars more of parking on the west side, it helps the theatre, the theatre will have more people. The church will have more handicap people. So it's a 100% in favor of the growth of this little hamlet. It's not going to go any further. This is what the Town wants. They need people to pay taxes; they need people to come as a designation. Love Lane is no, just a Love Lane. Its known all over the' area, it's not as well known as Jobes Lane or Rodeo Drive or Birch Street, but it is a designation for the Town. The Town is growing; we have close to 30,000 people living in the Town of Southold right now. Love Lane gets close to 70,000 people visiting it once a year. People come in and out they don't go there every day, it's not a place where they are going to be there forever. The other suggestion is, in the parking lot on the West side and in the other one. Have a 3 hour parking stance there; they don't have to be there forever. Now that Lombardi's opened up, he's anticipating, just on what he's doing, he's anticipating close to 40,000 additional people coming to Love Lane. So the parking has to be utilized on the West side, just not, to not be utilized because there's a parking lot across the street on Pike Street, that's limited. If that gets filled the signage will tell them where to park, and there's plenty of parking. There's not going to be a problem, there. I feel that I am contributing to the growth of Mattituck, I'm contributing to a factor, and what I designed fits properly with what we are doing here. It's not that it's a strip -mail, its stores just like Love Lane. The trees haven't grown yet, once the trees are planted and it grows, and it blooms, within 5 years from now, you'll say hey Mr. Broidy was right, it's beautiful. And I feel that, I think I answered all the questions, and again I would emphasize the fact that we need signage, now when I first submitted the Site Plan to this here Board, it was quite a bit over on the parking and since then, within the last two weeks, I resubmitted, I revised a plan so that were short maybe 10 cars from the actual parking. We made the building as small as possible, we reduced the building its now 93 feet. We did everything possible to make this work and, you know, this is probably like a little town in New England, where everyone comes and they make their wishes, there is nothing wrong Southold Town Planning Board Page 128 April 6, 2015 with that. You got to look at the right I have also, and I think that, I think I addressed everything, and I want to emphasize the most important thing is you need signage to direct to the other parking lot. And the fact that you cannot have people in either parking lot, if you go by there you'll notice, they have.overnight parking. That's not a parking lot, it's for the area there. If you want to have overnight parking, rent someplace else, a commercial place. This is not that, this is strictly a hamlet and it's a historical hamlet and I'd let to help it grow. Thank you very much and I hope that this becomes an approved Site Plan so I can go ahead with it and again I want to let Mr. Gildersleeve know that all construction will be done on the property not in the street. They'll be, right now, the Planning, the Town Board has put no parking on one side. I think that's great, thank you very much. Vice -Chairman Rich: Thank you for your input. Edward Broidy: Is there any questions that I can answer to this Board at this time? Vice -Chairman Rich: No, I'll just remind everybody this is only the first step in a long process for this and everybody's remarks will be considered. Edward Broidy: Thank you very much. Vice -Chairman Rich: You're welcome. Anybody else wish to address the Planning Board on this subject? William Cremers: I'll make a motion now to close the hearing. Martin Sidor: Second. Vice -Chairman Rich: Motion made by Bill, seconded by Martin. Any discussion? All in favor? Ayes. Opposed? Public hearing is closed. Vice -Chairman Rich: 6:02 p.m. - 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 Anyone wishing to address the Planning Board on this subject, please step forward, state your name and when you're done, sign your name. Alfred Bouffard: My name is Fred Bouffard, and I own the property next to the one we are talking about. My concern again is parking; I'm worried that they are going to be Southold Town Planninq Board Page J 29 April 6, 2015 parking on my property. There's only one entrance way to this property and mine is to the right and if they have the public coming, I'm sure a lot of them are going to start parking on my property. I'd like to address that really. Vice -Chairman Rich: Okay. Alfred Bouffard: Do you have any questions you want me to answer? Vice -Chairman Rich: No, but we will certainly consider your remarks and we will look at the Site Plan very carefully and try to protect your property rights. Alfred Bouffard: I have no objection to the business. Dorothy Bouffard: We have no objections; we are just concerned that people might park on our property. Alfred Bouffard: For sure they will. Heather Lanza: She needs to state her name. Vice-Chariman Rich: Mrs. Bouffard, can you state you name and write it for the record if you want to speak. You have to do it separate. One of you speak at a time. Alfred Bouffard: Bouffard, B -O -U -F -F -A -R -D. Vice -Chairman Rich: Thank you, anyone else wish to address the Planning Board on Eastern Front Microbrewery? Yes ma'am? Julie Amper: My name is Julie Amper, I live in Mattituck, I too am a little concerned about the parking. I've seen how popular that brewery on the Main Road at Peconic Lane is and they have a lot more parking spaces then what is at that site. So, they're sort of back into, get onto Pike Street and back into Love Lane and all these municipal lots that we were just talking about are going to get taken over with the brewery, microbrewery things. I think parking is a big issue in down town Mattituck and it really needs to be addressed town wide for the whole down town village, where we are going with parking. Thank you. Vice -Chairman Rich: Can you just state your name again? Julie Amper: Yes, Julie Amper, A -M -P -E -R. Vice -Chairman Rich: Thank you, anyone else wish to address the Planning Board on this issue? William Cremers: I'll make a motion now to close the hearing. Martin Sidor: Second. Southold Town Planninq Board Page 1 30 April 6, 2015 Vice -Chairman Rich: Motion made by Bill, seconded by Martin. Any discussion? All in favor? Ayes. Opposed? Public hearing is closed. The next hearing is The Orchards, and before we start this I just want to read a statement: Good afternoon and thank you for coming for the Orchards' Preliminary Public Hearing. Due to an error that has come to the Board's attention, several adjacent property owners were not notified for tonight's public hearing in the required amount of time. Therefore, the public hearing will be held open to the May 4th public meeting to allow adequate time for all adjacent property owners to review the application material. Besides that I think Heather is going to read a couple of letters, and while it is open until the May 4th hearing we will also take written correspondence between now and then. So let me proceed. Vice -Chairman Rich: 6:03 p.m. - The Orchards - 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 North East side of Orchard Street, approximately 17' North West of Platt Road, in Orient. SCTM#1000-27-1-3 Anyone wishing to address the Southold Town Planning Board, please step forward, state your name and when you're done sign your name legibly. Patrick Guadaqno: Members of the Board, my name is Patrick Guadagno, and I own the parcel immediately to the west of the property which is now before the Planning Board as The Orchard Subdivision. I drove out here from New York today, where I work and reside, because I view this as a very important matter. I first became aware of this project exactly one year ago, shortly after the Board granted Preliminary Plat approval. I called Aly Sabatino and arranged a meeting with Heather Lanza at the Planning Board offices here in Southold. That meeting took place on May 2"d, I left that meeting feeling assured that my concerns were being taken into account, and that overall we had had a very positive exchange. I sent a letter a week later, on May 12th to the Chairman and to the Board, which I'd like to read to you now. Which I think summarizing how I felt at the time, and how I feel now. That's dated May 12th 2014. Dear Planning Board Members, As you may be aware, I own the parcel immediately to the west of the Martocello parcel, which is now before the Planning Board as The Orchards. I have a concern with the layout of that subdivision, in particular as to lot 1. 1 met to discuss some of my concerns Southold Town Planning Board Page 131 April 6, 2015 with Heather Lanza and Aly Sabatino in Southold on Friday, May 2nd. The proposed building envelope extends a driveway the length of the common property line. My driveway runs along the same line. It appears to me that this back to back arrangement would result in drainage problems as well as a safety problem if vehicles emerged onto Orchard Street at the same time. Aesthetically, a 30 foot wide swath of driveways would detract from this special area. I would be pleased to hear from you and to receive your advice as to how these matters will be addressed. There are many points that I question regarding this plan, before us. I have particular concerns, with how it relates to lot 1, and how I feel they are serious in nature. The first is the safety of the driveway. The proposed building envelope extends a driveway the length of the property line, as you know my driveway runs along the same line. This appears to me as a safety problem if vehicles emerge onto Orchard Street simultaneously. Even more so, after this winter with ice and snow it could prove to be very dangerous, jeopardizing my safety and the safety of others. The second concern I have is drainage. We all know that this is a low lying area and previously was farm land. This back to back arrangement will undoubtedly result in a drainage problem, we're all aware that drainage and run off are of significant concern within the Town of Southold. I believe irregardless of any study or report, this will be a problem ongoing. The other issue with the driveway is the width; the plan before us presents an overall 30 foot wide swath of driveways, 30 feet, that width is more than twice the width of Orchard Street currently. Is that possible? I wonder. Clearing that would detract from the special open area. I ask you to seriously consider the safety, drainage and overall width of the driveway. But there is the larger issue, and that surface is in line with the actual design, the split cluster. In my view this is a more serious issue, why is this plan before us as a split cluster? Why is lot #1 a stand alone? We all know in a 60/40 subdivision that the cluster code preserves the open space, for both the residents of the subdivision, and the surrounding residents, including those just passing by. This plan violates that very code, the code that directs itself to the properties of this scale, which is to maintain open space, and the importance of it. I ask the Board today, is there an explanation for this? Is there a legitimate or valid reason why the Board would be willing to violate this code? In my last meeting, in May, a year ago, I was told by the Board, I was told that the Board was not comfortable with the split cluster design that was before them. And in addition, studying the plan closer the plan is at maximum yield, calling for five lots. Three that are under an acre. I don't see any concessions, therefore, that would substantiate such a proposal. Maximum yield, number of lots, split cluster. I honestly believe there's no sense to this plan. I followed the phases of Work Sessions, and was surprised to see that the Board granted a second Preliminary Plat approval in March. That did not address any of the concerns from all the property owners previous correspondence. Many of those that were voiced again, and again in each letter. I then wrote a second letter on February 5th, addressing again to the Chairman, which I'd like to read to you. That letter is dated, February 5th, again to the members of the Board and the Chairman. I am writing this most recent letter, to again address my valid concerns regarding the proposed Subdivision at 2595 Orchard Street. I, like many of the surrounding residents first wrote to you back in mid -2014 when we first learned of this project. Now, in Southold Town Planning Board Page 132 April 6, 2015 reviewing the latest version of the developers proposal, that was reviewed by the Board at a Work Session on January 5th, the very same concerns are again in front of us. Those concerns are the safety issues of the parallel driveway when approaching Orchard Street simultaneously coupled with a potential drainage issue as well. The split cluster design which is not in keeping with code and how it relates to the maximum yield and proposed number of lots. In addition, the impact on the esthetic of this special area within the Hamlet of Orient, and the last open parcel of its kind. Mr. Chairman, please know that these are valid concerns that have not been addressed and are in the revised plan that is now in front of you. I know both you and the Board are aware of these concerns and I stress that you review all of these points and address them with the community's interests at hand. In summing up, I think the community has weighed in here, I think both in written form and I think you will hear tonight their concerns, I think by the show of opposition here tonight, that you, and what's documented as well we are asking you all to take our points seriously. They are important, they are important to all of us. Please do the right thing, were asking you to address our concerns now, and I thank you for your time. I have been asked by two other residents on Orchard Street who'could not make it tonight to read their letters. I don't know Heather, is that what you were going to read? Heather Lanza: Who are they? Patrick Guadagno: Smith and Haag. Heather Lanza: I have, Craig and Kelly Smith. Patrick Guadaqno: Yes. Heather Lanza: So you can read it or I can, it's up to you. Patrick Guadagno: You can read it, whatever. Heather Lanza: Is that the only letter you have? Patrick Guadagno: Do you have Jim Haag's? He asked, because he also couldn't be here tonight, he asked me to read it. But if you read it we are covered. Heather Lanza: I don't have that one. Patrick Guadaqno: Okay, so then I guess I'll read Jim's. Just give me a minute and I'll find it here. Here it is. Okay so that's dated, March 30th, I guess that was last week. Dear Mr. Chairman, I am a good and happy 18 -year resident of Orient and very supportive of the Town. I am writing to ask you to please address the concerns of much of the neighborhood on the proposed subdivision mentioned above. Orient'is a special hamlet and we need you to clearly hear your citizens who look to support development, while preserving the Southold Town Planning Board Page 1 33 April 6, 2015 special character of the area. We are all really opposed to the split cluster design. It just does not fit with the character of the area. I have written before and am writing again since I cannot be at the hearing next Monday given a business trip in New York City. In reviewing the latest version of the developer's proposal the very same concerns are again in front of us. Number 1 the safety issue of the parallel driveway when approaching Orchard Street coupled with a potential drainage issue. Number 2 the split cluster design as mentioned above. This is the last large piece of undeveloped land in the hamlet, how it is developed will have a real impact on us. You have a real chance to help this be executed in a responsible, character preserving way. I am not a lone voice; I am counting on common sense to prevail here. I always tell my employees to do the right thing and you cannot go wrong. Please can you not introduce an unsightly looking subdivision into our rural area. Please, please help us maintain the special look of our community. You can read Craig's; I guess we'll leave it at that. Okay thank you. Vice -Chairman Rich: Anyone else wishing to address the Planning Board on this issue? Nancy Ferraris: My name is Nancy Ferraris, I live directly across the street from this property. My husband actually wrote a letter dated June 13th 2014, Ms. Lanza do you have that? Heather Lanza: Just to clarify for everyone, when we get a letter it becomes part of the record, so if you did send a letter in, it is not necessary to read it in, but if you'd like to do both, speak and send a letter that's fine. Nancy Ferraris: I'd just like to make sure you have the letter, so can I give you a copy. I just had a couple of additional comments since that was written in June. We've been across the street from this, it was farm land when we moved here and built our house twenty years ago. I am opposed to clustering all together, not necessarily just the split clustering. I live on a five acre piece of lot and that's the zoning, so I've got one house on five acres so I live really across Halyoke which is the small little one lane road from this property. I'm on the corner of Orchard and Halyoke, so I don't understand the one acre or the less than one acre zoning. So I've got one house on five acres and when we bought our property there was a flag on it, and I believe the subdivision was because of water. So we are in a low lying land, so I'm quite concerned about this cluster of four houses on four acres, or less than four acres of property in a thirteen acre lot. I don't understand if the land can handle it with the water table. I understand the open space thing, but I'm in a section where there are five or six, five acre lots with one house on each. So you have that open space feel, so my concern would be larger plots and less homes spread out across those thirteen acres. Whether it's two or three, and it's a five acre zone, to give that more open space feel and preserve the look in Orient. Years ago my husband and I almost purchased this property, this thirteen acre lot, and the one acre and clustering was never part of the conversation, so if that new it's a deep concern of ours. It's something I would like you all to consider. Thank you. Southold Town Planninq Board Page 1 34 April 6, 2015 Vice-Chariman Rich: Anyone else wishing to address the Planning Board they can step to this east podium. Freddie Wachsberger: Hi I'm Freddie Wachsberger, I live on the piece of property that's just south of Orchard Street, just one lot west of Platt Road. My concern isn't particularly what I'll see if I look out my window though. One concern I have echoes what Mr. Guadagno said, which is the size of the road. If you just go a little further west on Orchard Street, and turn down Old Farm Road you're driving on suddenly an enormous road going through a little development that has the width practically of a highway, and you think how did this happen and it looks ridiculous. Introducing roads that are thirty or forty feet wide into this property I think is a little ridiculous too. As far as the clustering, I go back; I already had my house when there was the initiative to develop the Hallock Farm, which is the property that's right across to the east, across Platt Road from this piece. There was extensive study done at that time of the water table because there had been, and what was something I think an eighty-four acre piece, there was a proposal to build a fifty-five house development. People don't remember this; it was really, people react with horror when I tell them this today. What happened at.that time was that there was an extensive study done of the water table and the availability of drinking water. There were several wells that were dug across that property and the result of it was, that it was determined that there simply wasn't enough water to service that kind of subdivision. That was why that property was reduced to ten acre and five acre pieces. Now the piece that we're talking about is right across the street and is still part of what was originally the Hallock Farms. So I don't think we can anticipate anything very different, and I don't know whether you, as a Board, have yet received any analysis of the water or the wells that have been dug or the, any kind of analysis of what the available drinking water is on that property. It seems to me that, that is the most critical issue in front of us today, the reason why that and the Hallock Farms properties look a little different than the kind of traditional development on my side of the road, is these were already there, they hadn't really addressed the problem at that time of available water, and the introduction of the study of Hallock Farms, I think created something of a sea change. In the way the Town looked at planning, and looked at the vision of property. I think that what needs to happen here is that the Planning Board really, takes to look at that change, that happened at that time and why that change took place. How this present subdivision might relate to the introduction, at that time, and that other property of larger, fewer and larger properties in order to reduce the consumption of water the intensification of the sewage which is something that's become an enormous concern of the Town. Thank _ you. Nancy Ferraris: Can I add something quick, the property that Freddie is talking about. Vice -Chairman Rich: State your name please. Nancy Ferraris: Oh, Nancy Ferraris again. That's where I live, so what she was talking about is exactly the house that I was talking about. Vice -Chairman Rich: So your property was out of this Hallock Farm Subdivision? Southold Town Planninq Board P ag e35 April 6, 2015 Nancy Ferraris: Yes and that's why it's the larger. Vice -Chairman Rich: And you moved to Orient when? Nancy Ferraris: We built the house in 1994, but I bought the property in either 92 or 93 1 forget specifically but thank you. Vice -Chairman Rich: Thank you. Anybody else wish to address the Planning Board? State your name. Deb Windsor: Deb Windsor again, I have a couple questions about the open space. James Mellas: Good evening. Vice -Chairman Rich: I'm sorry sir, she's already talking, go ahead Deb. Deb Windsor: I have a couple questions about how the open space is managed in a subdivision like that, for example how's the title lead, who manages it, who supervises it, who cleans it, who makes sure it stays open? Vice -Chairman Rich: For the most part I think that's done in what's called a C&R, is that correct Heather? Heather Lanza: Also, or an open space easement that the Town monitors. Deb Windsor: The Town would hold the easement for example. Vice -Chairman Rich: It can, it doesn't have to right? Heather Lanza: Normally we do, on almost all subdivisions with open space. Deb Winsor: Because I know as it is right now, you know it tends to be sort of a motorcycle run with the runway, and I'm just concerned it going to get trash and boat parking, you know that these lots will sort of sprawl into it. So who, is it fenced, who handles that, is it then open to the public for example? Heather Lanza: It's not open to the public, there's a document that specifies in great detail what can, and cannot happen. Then the Town has to monitor it to make sure it - Deb Windsor: No agricultural use? Heather Lanza: Agricultural use is often an allowed use in easements on open space. Deb Winsor: Okay, thanks. Heather Lanza: You can also call the Planning office and we can go into that in more detail if you'd like. Southold Town Planning Board P a o e 136 April 6, 2015 Deb Windsor: Is that part of the public process, I mean when does that happen? The use of the open space relative to the properties within a cluster zone. Heather Lanza: I would say watch the Work Sessions, we discuss the easements at Work Sessions. Right now it's proposed to be allowing agriculture use, by the applicant. Vice -Chairman Rich: Yes sir? James Mellas: Good evening, my name is James Mellas, I live directly across the street from the proposal that's submitted here. I'd like to read the letter that I sent to the Planning Board. Dear Mr. Wilcenski, We've resided at 1930 Orchard Street for the past 25 years. We are writing to you to voice our oppositions to subdivide the property at 2595 Orchard Street, in Orient Village, known as The Orchards, that the Board has granted Conditional Approval. We strongly oppose the current plan of this 13 acre parcel to be subdivided into five lots with some under an acre in size. We further oppose that the current plan is a split cluster. Mr. Chairman, this plan before us is certainly not within the best interest of the Village of Orient and particularly that is the last open parcel of its size within the hamlet. It must be developed in keeping with the surrounding properties in scale and esthetic and certainly no more than three lots inclusive of the reserve. We call on you and the Board in meeting the needs of the local residents and look forward to hearing back from you in how this matter will be handled. Please know that we live directly across the street from this parcel and will be following this development very closely. Also we're concerned about the water. Thank you. Vice -Chairman Rich: Thank you very much. Barbara Mellas: Good evening everybody, I'm Barbara Mellas, Jim is my husband. I would like to bring something to your attention here; Dr. Larry Higgins just recently sold his house, which is across, on Orchard Street across the street from Farm Road. I'm sure you're not aware of this but his house would be west of where the cluster is going to be.. When we had a nor'easter, in fact not one but several of them, they were not aware that when they had come out from the city and they purchased their house, they bought all their furniture from New York and put it in their basement. They were not aware, when we had the nor'easter, that they got flooded; their basement was totally flooded, and ruined all their furniture. Doris Morgan who has been a lifelong resident of Orient has since moved to Pennsylvania, but once again every time we had a nor'easter she was totally flooded. So if these people were flooded, what's going to happen with these homes that are proposed to go in there? You people don't live down there you don't know. We know, we've been there for 26 years, we've walked the area many, many times with our dogs, we know the area. We know all the good people that live down there, and it's to your advantage to do something to stop this, so that it doesn't Southold Town Planning Board Page 137 April 6, 2015 take place for more people that would just come and buy up and move in not knowing that they're going to be flooded out too. I thank you very much. Vice -Chairman Rich: Thank you. Nancy Ferraris: Nancy Ferraris again, I have a lot to say. About the water, she's right. When we built our house we had it grated up, we hit water at 6 feet, so we had to grade the house up and we have a partial basement just for the water heater and the gas tank. I've got a sump pump running 24 hours a day, and have had more water issues with our home, directly across from this property. So the water is definitely something to take into consideration. That corner where the cluster of houses is going to be, there's always water on that street and it doesn't have to be a nor'easter, it really can just be a regular rain storm. The one side of my house, I've had kids play in, what's like a pond when it rains, just hard again not even a nor'easter. I think water, especially is something to take into consideration as well. Vice -Chairman Rich: Thank you. Patrick Guadagno: Patrick Guadagno again, I just want to point out what Barbara was discussing with Larry Higgins' house, that's the small little lot that's on Orchard in this entire parcel, okay. When she talked about the basement being flooded and everything, it's the only developed lot on the parcel. Vice -Chairman Rich: Anyone else wishing, I would remind you that this hearing is going to remain open through the May 4th meeting. Kathleen McLinsky: My name is Kathleen McLinsky, I live right directly across from where the driveway is going to be put, the 30 foot wide at least, probably wider. It's going to look like another street, and so people going down are going to pull into this street, so called driveway, and you're going to get kids that have these bikes that go up and down Orchard, they're going to say, hey here's another street lets go down that way. It just doesn't seem to go to the character of the neighborhood and as Freddie Wachsberger said that Old Farm Road, of all the streets in Orient, that is so unusually wide for a small hamlet area. So if you're going to repeat the same mistake that was done then, I think you should really re -consider. Especially since we have under -sized lots, also, that are going to be considered in the cluster. So, you know, that's my thing, thank you. Vice -Chairman Rich: Thank you. Anyone else wish to address the Planning Board at this point? Barbara Mellas: I'm back again gentlemen; I have to say one more thing. Take into consideration during the summertime, spring, summertime, fall time, when all the city people come out, you have no idea what Orchard Street is like, it's like the Riverhead raceway, up and down, and up and down, and up and down. Where are the police? Can we have some radar down here, or anything else? No, but that's okay, we get along with it. We have people out there trying to walk their dogs and enjoy the country. Southold Town Planninq Board Page 138 April 6,2015 If we have a cluster going in here you're going to put more traffic here. Which we don't need. Thank you. Vice -Chairman Rich: Thank you Barbara. Anyone else have anything more to contribute? Dorothy Berks: My name is Dorothy Berks and I live in the original Hallock house on the property adjacent, but I'm not an abutter. Adjacent to the property we're talking about. In the 70's when the developer came through, who had bought the Hallock Farm and wanted to put, my, numbers are different from your Freddie, I remember fifty-three houses, which was supposed to be a tasteful, Williamsburg type community. They wanted to put fifty-three houses on fifty-three acres, and Bill Cremers wife Anne was involved in this, forcing them to show how much water they had and the owner spent more than a year; and God knows how much money, finding water. The amount of water he finally found amounted to nine properties. The smallest of the properties was a block of four, of five acres each. You're one of them, wherever you are, back there and we have two people and Maggie over here has five acres also. The rest of them, the higher ones were ten, eleven and twelve acres because that was as much water as those properties could provide. I have been out of the environmental business for a bunch of years, and coming back in I thought that the land allotment had divided with setback land involved two acres and then open space. Here we find one acre, five, one acre housing pockets that keep bouncing around from cluster and no cluster but there is a seven -point -nine (7.9) acres, what is it called? A reservation of seven -point -nine (7.9) acres with no designation as to what's going to happen there, including we hear there's in an interest of having a nursery, which would use a lot of water. So that on this property we have five moving around houses, clustering that use the same amount of water as the five acre properties across the road. There is something hypocritical in that, but we also have this elephant in the room that's almost eight acres that have no designation or control whatsoever. I would ask the Town Board to judge exactly how much water is available for this development, before they can move ahead with it. We are already getting reports of salt water invasion and it has to be addressed because this will be the water of these people as well as the water of the people who live here. It really has to be resolved before that development can be determined to; it's not a nimby thing. It's a question of how much development that one piece of property can sustain. It may be one it may be two, I don't think it can be five. I'd like you to be sure that there's water before you move. Thank you. Vice -Chairman Rich: Thank you very much for your comments. Anyone else have anything to add? Freddie Wachsberger: Can I just ask a question? Vice -Chairman Rich: Please state your name. Freddie Wachsberger: Freddie Wachsberger, sorry. I was wondering about whether there are any restrictions on speculation houses. One of the things I think we always have a fear of is, I think when people come to Orient and buy into Orient they have an idea of what they want, what they want it to look like. Too often people come from Southold Town Planning Board Page 139 April 6, 2015 elsewhere and build speculation houses, which then sit empty for several years because they are not what anybody wants. They're usually too big, and to grandiose and they're not what people that come to Orient are usually looking for. I was wondering, because I wonder when you see a, potential development like this, where you have what could be turned into a kind of suburban area, whether there are any regulations about speculation houses. Vice -Chairman Rich: I don't believe so. Freddie Wachsberger: Maybe at some point the Planning Board could consider looking into that, thank you. Vice -Chairman Rich: Anyone else wish to address, this meeting will be held over until May 4 Go ahead. John Ehlers: Hello I'm John Ehlers, the land surveyor on the project. I did the survey work for Patrick next door, never met you sir. I just wanted to clear up two things. Heather Lanza: Excuse me, could you please address the Planning Board. John Ehlers: Yes, there are two fifteen -foot, Patrick has a fifteen -foot wide access way and we're proposing a fifteen -foot wide access way that does not add up to thirty feet of pavement. It adds up to one nine foot driveway ,and another nine foot driveway with grass on either side, so the idea that there is going to be this big road coming down is not accurate. The water thing is an issue; Mr. Martocello is going to have to go through the Suffolk County Health Department. The reason the neighboring lots, which I was involved in when I worked for Young & Young in the 80's are five acres is because they had trouble with the water. At that time if you had a five acre lot you could opt out of the Suffolk County Health Department approval process. So it went from one subdivision into an entirely different one with these five acre lots, just to not have to go through that process. Mr. Martocello will have to go through the process, he's not started that process yet, but certainly the Health Department is a rigorous process which will take time and effort. If it is not appropriate then the whole thing falls apart. As far as the zoning, the cluster is required by the Town. We do a yield plan that shows that you can have so many lots on how big of a piece of property and the Town requires it then gets clustered down to smaller lots, leaving the open space. So that's not something, that's some nefarious process on our part to try to make smaller lots. It's just the way the process is and it's required by the Town. Thank you. Vice -Chairman Rich: Thank you, anyone else? Steve Martocello: Yes, hi my name is Steve Martocello and I own the thirteen -point - three (13.3) acre property. I know pretty much everybody up here; I think we've been working in a lot of Work Sessions to see if we can get the configuration right. We have a serious interest; we are not going to do spec houses. We are going to live on this - Heather Lanza: Can you please speak into the microphone. Southold Town Planninq Board Page 1 40 April 6, 2015 Vice -Chairman Rich: And address the Planning Board too. Steve Martocello: I've got 5 boys and I'm hoping a couple of them will also move into those lots. I am going to take the big lot. I've been, the whole plan and the reason why I bought it, is to be able to build that lot and to be able to farm that property. In terms of water, we are as serious as everybody else in the water. It doesn't make any sense for us to over tax the water, when we're going to be the one benefiting from it. Like John said we plan on working with Suffolk County Department of Health and the water group to make sure we've got enough water to do what we want to do. We've had this property for eight to ten years; we've had the plans on moving slowly. We sat with the Board a few times, in the Work Sessions and the Planning group a few times. We believe it's a good configuration, I think it keeps open the most amount of land. We're happy to be part of just short of an eight acre conservation area. Again, we are listening to what people have to say about the water levels and everything else because that will affect us too. We are not going to ignore the comments. We are going to listen and we are going to look into them. Hopefully we can make this thing move forward. Thank you. Vice -Chairman Rich: Thank you for your comments. Domenic DiLorenzo: Good evening, Domenic DiLorenzo, I live on Platt Road, further north. Talking about spec homes, further down that street, south, almost by Halyoke, up, well I can actually see it. There's a foundation that was never built on. It's been sitting there for about six or seven years unbuilt. The whole foundation is crumbling, it's dangerous, and no one has ever addressed it. I don't know why the Town has let that man leave that foundation open. He built a house and he sat on that house for I don't know how long before he was able to sell it. He never built that other house. Does anybody know what's going on? Vice -Chairman Rich: Everybody has to address the Planning Board here. As far as that - Heather Lanza: I can address, if it is an unsafe situation you can send a letter to the Supervisors Office or you can write a complaint to the Building Department and they can start a procedure to take care of the problem. Patrick Guadagno: Patrick Guadagno again, you know I was raised to believe everyone in a sense until proven wrong. I think the Board should think about the proposal that this is going to be developed and farmed by a family. I wonder is there any experience prior, in becoming farmers, in true interest in farming the land. Farming's not an industry like tech or others that are growing. We know especially here on the east end, there's a small group of farm families who have done an amazing job. I also wonder with a name like, The Orchards, which to me seems like a commercial hook for real estate development. My point of view, I question what that presents. So I would just ask you to further give that thought. In a community where people love Orient. When people drive over the causeway and know that it is the jewel of the North Fork and we want to preserve that, and I know you guys respect that. Thank you. Southold Town Planninq Board P ag e 141 April 6, 2015 Vice -Chairman Rich: Thank'you for your comments, anyone else? Heather Lanza: I have these letters to read. Vice -Chairman Rich: Mr. Mellas I'm going to let you speak and anybody that's already spoken we are not going to allow them to speak again tonight. James Mellas: In reference to the water, we had to get the temic treatment canister years ago; we are still using it. To this day we have not drank that water in that house. We got the water softener and the other canister that controls the minerals. We still get water that's discolored, and we have not drank that water. We didn't even give it to our pets, that's how bad it was. So just a note. Vice -Chairman Rich: Thank you, Heather has several letters to read. Heather Lanza: From Craig and Kelly Smith: Dear Mr. Wilcenski, Though I am unable to attend Mondays meeting regarding the proposed subdivision of 2595 Orchard Street, we would like our objection to the proposed plan considered at the meeting. This letter follows a letter written to you on June 20, 2014 (attached) and we reiterate our concerns here. Specially, we object to the split cluster design of the current proposal as well as the size of each of the lots, neither of which conforms to current village code as we understand it. We have heard of no compelling community interest that would justify a variance. In fact, the proposed design risks upsetting the charming character of the village when we all have a compelling interest to preserve it. In addition to the concerns above, and at least if not more troubling are the parallel driveways that this proposal would create with the adjacent lot. Having a 30 -foot wide road straight off of Orchard Street is both an aesthetic and safety nightmare. I can think of no other place in the vicinity where such a wide road exists and this surely is out of step with the village character. We request that you require a redesign of the development plan that would fix this very troubling feature. Thank you for your serious consideration of our concerns. I know that there are many in the neighborhood that share our desire to preserve the special character and charm of Orient Village and sincerely hope that you will require changes to the development plan of 2595 Orchard Street. Thank you. Heather Lanza: This one from Stefan Feuerabendt: Dear Planning Board, My wife and I own the home at 405 Halyoke Avenue which is next to the proposed subdivision on Orchard Street in Orient. Our property is also immediately adjacent to the proposed cluster of plots in the proposed subdivision. We have been informed that there will be a Preliminary Public Hearing on April 6, 2015 to consider the matter. We respectfully request that the Board read this letter into the record and permit and solicit public comment at the April 6th hearing on this letter and the requests made below. We Southold Town Planning Board � Page 142 April 6, 2015 are concerned that the proposed subdivision, and concentration of structures, could be detrimental to the availability of water in our neighborhood. We are also concerned that the proposed subdivision, and concentration of structures, could result in contamination of our water supply. Saltwater intrusion in Orient and its surrounding communities is becoming a significant potential problem. I would refer interested parties to the recently issued Suffolk County Comprehensive Water Resources Management Plan for more information about concerns related to the forecasted increase in water levels in the area. If very large new homes were eventually built on the subdivision lane, which appears to be possible under current guidelines, these concerns would combine even more relevant. Among other things, we believe the Board should carefully consider the precise expected impact of the proposed subdivision and clustering arrangement on water quality and water availability. We respectfully request the Board obtain a detailed study to evaluate these concerns. Any such detailed study should, (a) Be made available to interested parties for their consideration and comment at a future hearing and (b) Be conducted by a qualified independent third -party, expert in such matters. If it is determined that the proposed subdivision cannot be safely and properly supported by the existing water resources, we respectfully request the Board consider; (1) Requiring alternative clustering arrangements that are more likely to be supportable by existing water resources. The currently proposed cluster would be on the lowest elevation on the subject property. The highest elevation is on the northeastern border of the subject property. Perhaps it makes more sense to cluster the properties on the land where the water table is likely the lowest, not the highest. (2) Abandoning clustering requirements in this proposed subdivision so as to avoid excessive stress on existing water resources specifically due to housing density. We understand this may be controversial suggestion, but it warrants consideration given the uniqueness of the neighborhood. It may be possible to obtain more open space without clustering. (3) Rezoning property for higher minimum limits of acres per home. The subject property is very close to that part of Orient zoned for 5 acre minimums, a zoning restriction that we understand may be related to available water resources. My wife and I would like to make clear that our main interest in to ensure, to the extent reasonably possible, that any development would be supported by the environment. Thank you for your time and consideration. Heather Lanza: This is a .letter from Dorothy M. Berks. She spoke, so I don't have to read it, great that'll save us all some time. Barbara Friedman is the last one. This is a letter from Barbara Friedman and she says: Dear Mr. Wilcenski, I am writing this letter in opposition to the project titled The Orchards located on lot 1000-27.-1-3 in the hamlet of Orient. The owners of this property have represented to the Southold Planning Department that they intent to use it as a "tree farm" and a "family compound". This description sounds very bucolic, but based on the information that the owners have provided, it is difficult to believe that this is truly their intention. Their application is full of contradictions and inaccuracies. According to the Project Southold Town Planning Board Page 1 43 April 6, 2015 Information Document submitted by the owner it appears that they do not actually intend to use the property for agricultural purposes. They state the following: 1) The project will not use herbicides or pesticide. 2) The project will not produce noise exceeding the local ambient noise. 3) The project will not create any new jobs. 4) The stated water usage of 300 gallons/ house/ day, totaling 1500 gallons/ day with no provision for any kind of agricultural irrigation. How is that possible for any type of agricultural use? In addition the Project Information Document states that this development will not create need for any community services. These include recreational, educational, police and fire department. How is that possible? In addition, the Project Information states that the project is within the Southold School District. That is incorrect. The Agricultural Data Statement submitted by the owner states that an adjacent property 100-27.-1-2.2 &2.3 includes an active farm. This does not appear to be true. The current Plat Plan, revised 1/21/15, itself brings into question the veracity of the description of a family compound. If this is a family compound, why are the four lots completely separated from Lot #1? Finally I believe that the representation of the roadbed on Platt Road, Halyoke Avenue, is incorrect. I could be wrong, but I believe that the road is actually much closer; if not within the 17.12 foot strip of property which is part of the adjacent parcel 1000-27.-1-5 formerly owned by Doris Morgan now owned by Stefan Feuerabendt. Lot #3 has only a 15 foot setback from this property allowing a structure to be within 32.12 feet, and possibly much less from Platt Road, Halyoke Avenue. Halyoke Avenue was historically a drive -way entrance to the Hallock Farm, and the Historic homes that are visible on the North side of the road, all original to the farm, are set back at least 45 feet from the actual roadbed. The setbacks of both lot #3 and lot #5 must be adjusted. While some of these errors and inconsistencies may seem small, I believe that they are indicative of a lack of respect and understanding of our community and the context of this site, as well as an attempt to dissemble about the owner's true intentions. Clearly this plan needs further review. That is all of the letters, we also have many letters that were submitted that are part of the file too. Thank you. Vice -Chairman Rich: All of your correspondence is read, several of the comments that I heard, I recognized the letters because I have read them when they come through my email, seems like 3 or 4 times a day. I want to thank everyone for your patience and cooperation tonight. This meeting will be held open through May 4 , as is the comment period. Unless anybody has anything else - William Cremers: I make a motion to keep the hearing open until May 4, 2015. Patrick Guadagno: Do we know who the property owners are that were not contacted? Heather mentioned three had not been contacted. Can you share that with us? Heather Lanza: Sorry I don't have the names, I just have the tax map numbers. They are going to get certified letters, if they haven't yet, they will. Southold Town Planninq Board Page 144 April 6, 2015 Vice -Chairman Rich: Yes ma'am? Nora Conant: Yes hi, this is very brief, my name is Nora Conant and I am here because I'm representing the people who bought the Higgin's house and I can give you their contact information, if that's helpful. They couldn't be here because they just found out about it, and they work. I just came to listen. Vice -Chairman Rich: You can give it to Aly after we're done. Nora Conant: Sure. Vice -Chairman Rich: Could you just repeat your name please? Nora Conant: Nora Conant. Vice -Chairman Rich: Thank you; again I thank everybody for your patience and cooperation. William Cremers: I make a motion to keep the hearing open until May 4, 2015. Martin Sidor: Second. Vice -Chairman Rich: Motion made by Bill, seconded by Martin. Any discussion? All in favor? Ayes. Motion is passed that the hearing will remain open until the May 4, 2015 public meeting. We need a motion to adjourn this meeting. Martin Sidor: So moved. William Cremers: Second. Vice -Chairman Rich: Motion made by Martin, seconded by Bill. Any discussion? All in favor? Ayes. Goodnight. Southold Town Planning Board Page 145 April 6, 2015 There being no further business to come before the Board, the meeting was adjourned. Respectfully submitted, Jessica Michaelis Transcribing Secretary bonald J. ilcenski, Chairman