HomeMy WebLinkAboutPB-07/06/2015PLANNING 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
July 6, 2015
6:00 p.m.
Present were: Donald J. Wilcenski, Chairman
William J. Cremers, Member
Pierce Rafferty, Member
Martin Sidor, 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
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631765-1938
www.southoldtownny.gov
Chairman Wilcenski: Good evening ladies and gentlemen, and welcome to the
regularly scheduled July 6, 2015 Southold Town Planning Board meeting. The first
order of business is for the Board to set Monday, August 3, 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.
Southold Town Planning Board 3l a g e 12 July 6, 2015
Chairman Wilcenski: Motion made by Bill, seconded by Martin. Any discussion? All in
favor?
Ayes.
Motion carries.
SUBDIVISIONS
Conditional Sketch Plat Determinations:
Chairman Wilcenski: Mazzoni, 500 Soundview Drive, LLC - This proposal is for a
Standard Subdivision of a 22.94 acre parcel into 5 lots where Lot 1 = 2.27 acres, Lot 2 =
1.67 acres, Lot 3 = 2.13 acres, Lot 4 = 0.59 acres, Lot 5 = 16.28 acres inclusive of a
1.21 acres right-of-way, 8.58 acres of Open Space and 6 acres of a Conservation
Easement held by the Peconic Land Trust (PLT) located in the R-80 Zoning District. The
property is located at 500 Soundview Drive, approximately 782' to the north of NYS
Route 25 and 256' to the east of Soundview Drive, in Orient. SCTM#1000-13-2-8.2
Pierce Rafferty: Mr. Chairman, I'd like to offer the following resolution:
WHEREAS, this proposal is for a Standard Subdivision of a 22.94 acre parcel into 5 lots
where Lot 1 = 2.27 acres, Lot 2 = 1.67 acres, Lot 3 = 2.13 acres, Lot 4 = 0.59 acres, Lot
5 = 16.28 acres inclusive of a 1.21 acres right-of-way, 8.58 acres of Open Space and 6
acres of a Conservation Easement held by the Peconic Land Trust (PLT) located in the
R-80 Zoning District; and
WHEREAS, on March 12, 2014, the agent submitted a Sketch Plan Application with
other required materials for submission pursuant to Article V Sketch Plat Review; and
WHEREAS, on April 25, 2014, the Planning Board reviewed the application at their
Work Session and found the application incomplete with items to be submitted; and
WHEREAS, on July 1, 2014, the agent submitted items,requested at the April 25th Work
Session; and
WHEREAS, on July 21, 2014, at their Work Session the Planning Board reviewed the
submitted items, found the application complete, however, the Planning Board required
clarification in regards to specific items required for application completeness; and
WHEREAS, on August 21, 2014, at their Work Session the Planning Board reviewed
the completed application and requested that changes be made to the lot design; and
WHEREAS, on October 29, 2014, the agent submitted a letter from the New York State
Office of Parks Recreation and Historic Preservation that found that no archaeological
investigation is required; and
Southold Town Planning Board P %,o E, 13 July 6, 2015
WHEREAS, on November 5, 2014, the agent submitted revised maps for Planning
Board review; and
WHEREAS, on November 17, 2014, at their Work Session the Planning Board reviewed
the revised map design and agreed, as per the recommendation of the applicant's
surveyor, that the agent may set up a meeting with Planning Staff to discuss adequate
setbacks and future potential uses of the development area on proposed Lot 5; and
WHEREAS, on May 5, 2015, the agents submitted revised plans for Planning Board
review; and
WHEREAS, on June 1, 2015, at their Work Session the Planning Board reviewed the
revised maps and requested nonconforming lot setbacks pursuant to §280-124 of the
Southold Town Code be used for the proposed lots; and
WHEREAS, on June 10, 2b15, the agent submitted revised maps that show the
requested nonconforming setbacks; and
WHEREAS, on June 15, 2015, at their Work Session the Planning Board reviewed the
revised maps and agreed that the application meets all the requirements for Sketch
Approval pursuant to Article V Sketch Plat Review; be it therefore
RESOLVED, that the Southold Town Planning Board hereby grants Conditional
Sketch Plan Approval upon the map entitled "Henry Mazzoni Subdivision Standard
Cluster", dated October 27, 2013 and last revised June 9, 2015, prepared by Howard
Young, Licensed Land Surveyor, with the following conditions:
The Sketch Plan Approval is a conceptual lot design that has received a
minimum amount of review and has not yet been through the public
hearing process. As such, the lot design and any other aspect of the
Sketch Plan may be required to be changed during the Preliminary Plat
Stage after the'benefit of a public hearing and a more in-depth review by
involved agencies and the Planning Board.
2. Submission of all Preliminary Plat requirements pursuant to §240-16
Submission and §240-17 Technical Requirement of the Southold Town
Code.
3. The Preliminary Plat must show common access to the Long Island Sound
as a 4 ft. wide Pedestrian Access Easement.
4. The Preliminary Plat must note the correct zoning district - Residential -80
(R-80) instead of Hamlet Density Residential (HD).
Southold Town Planning Board Page 14 July 6, 2015
5. Prove that the property has potable water.
6. Lot setbacks will be determined during the Preliminary Plat review
William Cremers: Second.
Chairman Wilcenski: Motion made by Pierce, seconded by Bill. Any discussion? All in
favor?
Ayes.
Motion carries.
Chairman Wilcenski: Martz, Theodore C., Jr. - This proposal is for a Standard
Subdivision of a 1.62 acre parcel into two lots where proposed Lot 1 equals 0.71 acres
and proposed Lot 2 equals 0.92 acres, located in the R-40 Zoning District. The Zoning
Board of Appeals granted an Area Variance to allow for Lot 1 to be less than 40,000 sq.
ft. The property is located at 555 Broadwaters Road, on Broadwaters Road
approximately 80 feet west of Wunneweta Road, Cutchogue. SCTM#1000-104-12-6.1
Martin Sidor:
WHEREAS, this proposal is for a Standard Subdivision of a 1.62 acre parcel into two
lots where proposed Lot 1 equals 0.71 acres and proposed Lot 2 equals 0.92 acres,
located in the R-40 Zoning District. The Zoning Board of Appeals granted an Area
Variance to allow for Lot 1 to be less than 40,000 sq. ft.; and
WHEREAS, on April 22, 2015, the applicant submitted a Sketch Plan Application with
other required materials for submission pursuant to Article V Sketch Plat Review; and
WHEREAS, on May 18, 2015, the Planning Board reviewed the application at their
Work Session and found the application complete with items to be submitted; and
WHEREAS, on May 19, 2015, the applicant submitted all revisions to the Sketch Plan
Application Form and the Full Environmental Assessment Form, as requested by the
Planning Board at their May 18th Work Session; and
WHEREAS, on June 15, 2015, the Planning Board, at their Work Session, reviewed the
application and agreed to waive the requirements. for the Existing Resource Site
Analysis Plan (ERSAP) and Primary & Secondary Conservation Area Plan as Planning
Staff conducted a site inspection and determined that the submitted Sketch Plan
includes all items that would be required in the ERSAP; and
Southold Town Planning Board P, 0 15 July 6, 2015
WHEREAS, on June 15, 2015, the Planning Board, at their Work Session, agreed that
the application meets all the requirements for Sketch Plan Approval pursuant to Article
V Sketch Plat Review; be it therefore
RESOLVED, that the Southold Town Planning Board hereby waives the requirements
for the Existing Resource Site Analysis Plan and the Primary & Secondary
Conservation Area Plan;
William Cremers: Second.
Chairman Wilcenski: Motion made by Martin, seconded by Bill. Any discussion? All in
favor?
Ayes.
Motion carries.
Martin Sidor: And be it further
RESOLVED, that the Southold Town Planning Board' hereby grants Conditional
Sketch Plan Approval upon the map entitled "Sketch Plan", dated April 30, 2007,
prepared by Kenneth M. Woychuk, Land Surveyor, with the following conditions:
a. Submission of all Preliminary Plat requirements pursuant to §240-16
Submission and §240-17 Technical Requirement of the Southold Town
Code.
b. Submission of the Office of Parks, Recreation and Historic Preservation
referral response.
c. Submission of a Request Natural Heritage Data Form to the Department
of Environmental Conservation (DEC). All comments from the DEC must
be submitted to the Planning Board for review and approval.
d. Show on the Preliminary Plat a 20 foot wide natural and undisturbed buffer
170 feet in length along the east and west property lines, beginning at the
southern property line and a 30 foot natural undisturbed buffer along the
entire southern property line which will remain in perpetuity.
e. The Sketch Plan Approval is a conceptual lot design that has received a
minimum amount of review and has not yet been through the public
hearing process. As such, the lot design and any other aspect of the
Sketch Plan may be required to be changed during the Preliminary Plat
Stage after the benefit of a public hearing and a more in-depth review by
involved agencies and the Planning Board.
Southold Town Planning Board Page 16 July 6, 2015
William Cremers: Second.
Chairman Wilcenski: Motion made by Martin, seconded by Bill. Any discussion? All in
favor?
Ayes.
Motion carries.
Sketch Plat Extensions:
Chairman Wilcenski: Noone, Margaret - This proposal is fora 2 -lot Standard
Subdivision of a 21,000 sq. ft. parcel where Lot 1 = 10,501 sq. ft. and Lot 2 = 10,500 sq.
ft. in the R-40 & B Zoning Districts. The property is located at 210 Sigsbee Road, on the
west side of Sigsbee Road, 164' south of Main Road, Mattituck. SCTM#1000-143-1-4.1
William Cremers:
WHEREAS, this proposal is for a 2 -lot Standard Subdivision of a 21,000 sq. ft. parcel
where Lot 1 = 10,501 sq. ft. and Lot 2 = 10,500 sq. ft. in the R-40 & B Zoning Districts;
and
WHEREAS, on April 11, 2011, the Southold Town Planning Board granted Sketch Plan
Approval upon the map entitled "Minor Subdivision Map Prepared for Margaret A. &
Thomas E. Noone, Mattituck", dated March 27, 2009 and last revised December 1,
2010, prepared by Nathan Taft Corwin, III, Land Surveyor; and
WHEREAS, on October 11, 2011, Sketch Plan Approval expired; and
WHEREAS, on May 21, 2012, the agent requested an Extension of Sketch Plan
Approval; and
WHEREAS, on June 4, 2012, the Southold Town Planning Board granted an Extension
of Sketch Plan Approval through December 4, 2012 upon the map entitled "Minor
Subdivision Map Prepared for Margaret A. & Thomas E. Noone, Mattituck", dated March
27, 2009 and last revised December 1, 2010, prepared by Nathan Taft Corwin, III, Land
Surveyor; and
WHEREAS, on December 4, 2012, Sketch Plan Approval expired; and
WHEREAS, on December 5, 2012, the agent requested an extension due to delays
encountered with their engineer; and
WHEREAS, on December 17, 2012, the Southold Town Planning Board granted an
Extension of Sketch Plan Approval through June 4, 2013 upon the map entitled "Minor
Subdivision Map Prepared for Margaret A. & Thomas E. Noone, Mattituck", dated March
Southold Town Planning Board Page 17 July 6, 2015
27, 2009 and' last revised December 1, 2010, prepared by Nathan Taft Corwin, III, Land
Surveyor; and
WHEREAS, on June 4, 2013, the Extension of Sketch Plan Approval expired; and
WHEREAS, on June 11, 2015, the agent submitted a request for an extension as
detailed in a letter submitted by the agent on June 11, 2015; and
WHEREAS, on July 6, 2015, at their Work Session, the Planning Board reviewed the
request for an extension; be it therefore
RESOLVED, that the Southold Town Planning Board hereby grants an Extension of
Sketch Plan Approval from June 4, 2013 to January 1, 2016 upon the map entitled
"Minor Subdivision Map Prepared for Margaret A. & Thomas E. Noone, Mattituck",
dated March 27, 2009 and last revised December 1, 2010, prepared by Nathan Taft
Corwin, III, Land Surveyor.
Martin Sidor: Second.
Chairman Wilcenski: Motion made by Bill, seconded by Martin. Any discussion? All in
favor?
Ayes.
Motion carries.
Chairman Wilcenski: Baxter, William J., Jr. - This proposal is a Standard Subdivision
of a 2.38 acre parcel into 4 lots where Lot 1 = 0.62 acres, Lot 2 = 0.63 acres, Lot 3 =
0.62 acres and Lot 4 = 0.52 acres, in the Hamlet Business Zoning District. The property
is located at 260 Griffing Street, on the northeast side of Griffing Street, approximately
402 feet west of the Main Road in Cutchogue. SCTM#1000-102-5-9.4
Pierce Rafferty: Mr. Chairman I'd like to offer the following resolution:
WHEREAS, this proposed Standard Subdivision is to subdivide a 2.38 acre parcel into 4
lots where Lot 1 equals 0.62 acres, Lot 2 equals 0.63 acres, Lot 3 equals 0.62 acres
and Lot 4 equals 0.52 acres. The parcel is located in the Hamlet Business Zoning
District; and
WHEREAS, on July 1, 2013, the Southold Town Planning Board granted an Extension
of Sketch Plan Approval through December 4, 2013 upon the map prepared by Nathan
Taft Corwin, III, Land Surveyor, entitled "Yield Map prepared for William J. Baxter, Jr.
situated at Cutchogue", dated September 15, 1998 and last revised May 17, 2011; and
WHEREAS, on December 7, 2014, the Extension of Sketch Plan Approval expired; and
Southold Town Planning Board Page 18 July 6, 2015
WHEREAS, on December 15, 2014, the Southold Town Planning Board granted an
Extension of Sketch Plan Approval through June 7, 2015 upon the map prepared by
Nathan Taft Corwin, III, Land Surveyor, entitled "Yield Map prepared for William J.
Baxter, Jr. situated at Cutchogue", dated September 15, 1998 and last revised May 17,
2011; and
WHEREAS, on June 3, 2015, the agent requested a six (6) month extension so that
Health Department Approval can be satisfied; and
WHEREAS, on June 7, 2015, the Extension of Sketch Plan Approval expired; therefore,
be it
RESOLVED, that the Southold Town Planning Board hereby grants an Extension of
Sketch Plan Approval for six (6) months from June 7, 2015 to December 26, 2015
upon the map prepared by Nathan Taft Corwin, III, Land Surveyor, entitled "Yield Map
prepared for William J. Baxter, Jr. situated at Cutchogue", dated September 15, 1998
and last revised May 17, 2011.
William Cremers: Second.
Chairman Wilcenski: Motion made by Pierce, seconded by Bill. Any discussion? All in
favor?
Ayes.
Motion carries.
Conditional Final Plat Extensions:
Chairman Wilcenski: 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 at 3995 Private Road #1, 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
Southold Town Planning Board Page 19 July 6, 2015
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
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; and
WHEREAS, on April 6, 2015, Southold Town Planning Board granted 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; and
WHEREAS, on June 1, 2015, the agent submitted a request for a 60 day extension due
to revising the final map; and
Southold Town Planning Board Page 110 July 6, 2015
WHEREAS, on June 8, 2015, the extension of Conditional Final Approval expired; and
WHEREAS, the Planning Board reviewed the request from the agent for a 60 day
extension and instead agreed to grant an extension of 90 days to allow enough time to
complete the conditions of Conditional Final Approval; 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.
Chairman Wilcenski: Motion made by Martin, seconded by Bill. Any discussion? All in
favor?
Ayes.
Motion carries.
Martin Sidor: And be it further
RESOLVED, that the Southold Town Planning Board hereby grants a 90 day
Extension of Conditional Final Approval from June 8, 2015 to September 6, 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.
William Cremers: Second.
Chairman Wilcenski: Motion made by Martin, seconded by Bill. Any discussion? All in
favor?
Ayes.
Motion carries.
Final Plat Extensions:
Chairman Wilcenski: Sacred Heart Church & Valerioti - This Lot Line Change will
transfer 0.48 acres from SCTM#1000-96-5-10 to SCTM#1 000-96-5-12. 1. Lot 12.1 will
increase from 35.03 acres to 35.51 acres and Lot 10 will decrease from 1.74 acres to
1.26 acres located in the A -C Zoning District. The properties are located at 3400 & 4200
Depot Lane, on the southwest side of Depot Lane approximately 1,468 feet to the south
of Route 48, Cutchogue.
Southold Town Planning Board Page 1 11 July 6, 2015
William Cremers:
WHEREAS, this Lot Line Change will transfer 0.48 acres from SCTM#1000-96-5-10 to
SCTM#1000-96-5-12.1. Lot 12.1 will increase from 35.03 acres to 35.51 acres and Lot
10 will decrease from 1.74 acres to 1.26 acres located in the A -C Zoning District; and
WHEREAS, on December 16, 2013, the Southold Town Planning Board granted Final
Approval on the map entitled "Lot Line Modification Situate: Cutchogue", prepared by
John C. Ehlers, Land Surveyor, dated November 25, 2013; and
WHEREAS, a copy of the recorded deeds must be submitted to the Southold Town
Planning Department within 62 days of the date of Final Approval, or such approval
shall expire and be null and void; and
WHEREAS, on February 19, 2014, Final Approval expired; and
WHEREAS, on May 1, 2014, the agent submitted a request for a 180 day Extension of
Final Plat Approval due to delays related to the final closing of the property; and
WHEREAS, on May 5, 2014, the Southold Town Planning Board granted an Extension
of Final Approval through August 19, 2014 on the maps entitled "Lot Line Modification
Situate: Cutchogue", prepared by John C. Ehlers, Land Surveyor, dated November 25,
2013; and
WHEREAS, on August 19, 2014, the Extension of Final Approval expired; and
WHEREAS, on February 9, 2015, the deed was recorded in the Office of the Suffolk
County Clerk; and
WHEREAS, on June 16, 2015, an Extension of Final Approval was requested; be it
therefore
RESOLVED, that the Southold Town Planning Board grants an Extension of Final
Approval from August 19, 2014 to August 1, 2015 on the maps entitled "Lot Line
Modification Situate: Cutchogue", prepared by John C. Ehlers, Land Surveyor, dated
November 25, 2013.
Martin Sidor: Second.
Chairman Wilcenski: Motion made by Bill, seconded by Martin. Any discussion? All in
favor?
Ayes.
Motion carries.
Southold Town Planning Board Page 112 July 6, 2015
SUBDIVISIONS - STATE ENVIRONMENTAL QUALITY REVIEW ACT
(SEQRA)
Lead Agency:
Chairman Wilcenski: 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 at 2595 Orchard Street, on the northeast side of
Orchard Street, approximately 17' northwest of Platt Road, in Orient.
SCTM#1000-27-1-3
Pierce Rafferty:
WHEREAS, this proposal is for a Clustered Standard Subdivision to subdivide a 13.3
acre parcel into five lots where Lot 1 = 9.33 acres including a 1.35 acre building
envelope and 7.98 acres of preserved Open Space, Lot 2 = 0.99 acres, Lot 3'= 1.14
acres, Lot 4 = 0.92 and Lot 5 = 0.92 acres in the R-80 Zoning District; and
WHEREAS, the Southold Town Planning Board, pursuant to State Environmental
Quality Review (SEAR) 6 NYCRR, Part 617, has determined that the proposed action is
an Unlisted Action; and
WHEREAS, pursuant 6 NYCRR Part 617, Section 617.7 of the State Environmental
Quality Review Act (SEQRA), the Planning Board coordinated with all involved and
interested agencies on February 13, 2015; and
WHEREAS, the Planning Board, as Lead Agency, performed a coordinated review of
this Unlisted Action pursuant to 6 NYCRR Part 617, Section 617.7 of the State
Environmental Quality Review Act (SEQRA); be it therefore
RESOLVED, that the Planning Board hereby declares Lead Agency status for the
SEQRA review of this Unlisted Action.
William Cremers: Second.
Chairman Wilcenski: Motion made by Pierce, seconded by Bill. Any discussion? All in
favor?
Ayes.
Motion carries.
Pierce Rafferty: And be it further
Southold Town Planning Board Page 113 July 6, 2015
RESOLVED, that the Southold Town Planning Board has determined that this
proposed action is an Unlisted Action under SEQRA as described above.
William Cremers: Second.
Chairman Wilcenski: Motion made by Pierce, seconded by Bill. Any discussion? All in
favor?
Ayes.
Motion carries.
Pierce Rafferty: And be it further
RESOLVED that Type I procedures will be used for the review of this Unlisted Action
due to the Lead Agency determination that there are potential adverse impacts
regarding a sensitive resource within its jurisdiction and the Type I procedures would be
more helpful.
William Cremers: Second.
Chairman Wilcenski: Motion made by Pierce, seconded by Bill. Any discussion? All in
favor?
Ayes.
Motion carries.
Pierce Rafferty: And be it further
RESOLVED, that the Southold Town Planning Board, pursuant to SEQRA, hereby
makes a determination of significance for the proposed action and issues a
Positive Declaration.
William Cremers: Second.
Chairman Wilcenski: Motion made by Pierce, seconded by Bill. Any discussion? All in
favor?
Ayes.
Motion carries.
Southold Town Planning Board Page 114 July 6, 2015
Chairman Wilcenski: Koehler Family Limited Partnership - This proposal is a
Clustered Standard Subdivision of a 14.94 acre parcel into eight lots where Lot 1 equals
0.83 acres inclusive of 0.04 acres of unbuildable lands; Lot 2 equals 0.85 acres
inclusive of 0.05 acres of unbuildable lands; Lot 3 equals 1.13 acres inclusive of 0.26
acres of unbuildable lands; Lot 4 equals 0.70 acres; Lot 5 equals 0.66 acres; Lot 6
equals 0.70 acres; Lot 7 equals 0.73 acres; and Lot 8 equals 8.72 acres of Open Space
and 0.05 acres of unbuildable lands, located in the R-80 Zoning District. This property
includes a proposed road totaling 0.54 acres. The property is located at 4180 New
Suffolk Avenue, on the corner of Marratooka Road and New Suffolk Avenue, in
Mattituck. SCTM#1000-115-10-1
Martin Sidor:
WHEREAS, this proposal is a Standard Subdivision of a 14.94 acre parcel into eight lots
where Lot 1 equals 0.83 acres inclusive of 0.04 acres of unbuildable lands; Lot 2 equals
0.85 acres inclusive of 0.05 acres of unbuildable lands; Lot 3 equals 1.13 acres
inclusive of 0.26 acres of unbuildable lands; Lot 4 equals 0.70 acres; Lot 5 equals 0.66
acres; Lot 6 equals 0.70 acres; Lot 7 equals 0.73 acres; and Lot 8 equals 8.72 acres of
Open Space and 0.05 acres of unbuildable lands, located in the R-80 Zoning District.
This property includes a proposed road totaling 0.54 acres; and
WHEREAS, on February 9, 2015, the Planning Board determined that this proposed
action is an Unlisted Action under SEQRA as described above; and
WHEREAS, pursuant 6 NYCRR Part 617, Section 617.7 of the State Environmental
Quality Review Act (SEQRA), the Planning Board coordinated with all involved and
interested agencies on January 30, 2015; be it therefore
RESOLVED, that the Planning Board hereby declares Lead Agency status for the
SEQRA review of this Unlisted Action.
William Cremers: Second.
Chairman Wilcenski: Motion made by Martin, seconded by Bill. Any discussion? All in
favor?
Ayes.
Motion carries.
Determinations - Positive Declarations
Chairman Wilcenski: Tuthill Conservation Subdivision - This proposal is for an
80/60 Conservation Subdivision of four parcels SCTM#s 1000-17-4-16, 1000-17-6-14.2,
1000-18-3-30.3 and 1000-18-6-17.3 (total area=112 acres) into 17 residential lots, with
Southold Town Planning Board Page 115
July 6, 2015
94 acres to be preserved. This project proposes the transfer of yield pursuant to §240-
42 G of the Southold Town Code.
SCTM#1000-17-4-16 (North Dyer) equals 21 acres proposed to be subdivided into 6
lots where the lots range in size from 0.7 - 0.9 acres. This property includes a 0.7 acres
private right-of-way and 15.6 acres of preserved subdivision open space inclusive of 5.7
acres of unbuildable lands. North Dyer is located on the n/s/o NYS Route 25,
approximately 366 feet west of Oysterponds Lane, in Orient.
SCTM#1000-17-6-14.2 (South Dyer) equals 35.3 acres proposed to be subdivided into
5 lots and includes a reserve area for agricultural related use where the lots range in
size from 0.5 - 0.9 acres; property includes a 0.5 acre right-of-way and 28.5 acres of
open space inclusive of 14.6 acres of unbuildable lands. South Dyer is located on the
s/s/o NYS Route 25, approximately 460 feet west of Oysterponds Lane, in Orient.
SCTM#1000-18-3-30.3 (North Brown) equals 28.7 acres proposed to be subdivided into
5 lots where the lots range in size from 0.7 - 0.8 acres. This property includes a 1.3 acre
private right-of-way and 23.7 acres of open space inclusive of 2 acres of unbuildable
lands. North Brown is located on the n/s/o of NYS Route 25, approximately 2,223 east
of Platt Road, in Orient.
SCTM#1000-18-6-17.3 (South Brown) equals 26.9 acres proposed to be subdivided
where Lot 1 equals 0.92 acres. This property includes 25.5 acres of open space
inclusive of 0.62 acre of unbuildable lands. South Brown is located on the s/s/o NYS
Route 25, approximately 1,960 feet east of Platt Road, in Orient.
William Cremers:
WHEREAS, this proposal is for an 80/60 Conservation Subdivision of four parcels
SCTM#s 1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 and 1000-18-6-17.3 (total area
= 112 acres) into 17 residential lots, with 94 acres to be preserved. This project
proposes the transfer of yield pursuant to §240-42 G of the Southold Town Code, and is
further described as follows:
SCTM#1000-17-4-16 (North Dyer) equals 21 acres proposed to be subdivided
into 6 lots where the lots range in size from 0.7 - 0.9 acres. This property
includes a 0.7 acres private right-of-way and 15.6 acres of preserved subdivision
open space inclusive of 5.7 acres of unbuildable lands.
SCTM#1000-17-6-14.2 (South Dyer) equals 35.3 acres proposed to be
subdivided into 5 lots and includes a reserve area for agricultural related use
where the lots range in size from 0.5 - 0.9 acres; property includes a 0.5 acre
right-of-way and 28.5 acres of open space inclusive of 14.6 acres of unbuildable
lands.
Southold Town Planning Board Page 116 July 6, 2015
SCTM#1000-18-3-30.3 (North Brown) equals 28.7 acres proposed to be
subdivided into 5 lots where the lots range in size from 0.7 - 0.8 acres. This
property includes a 1.3 acre private right-of-way and 23.7 acres of open space
inclusive of 2 acres of unbuildable lands.
SCTM#1000-18-6-17.3 (South Brown) equals 26.9 acres proposed to be
subdivided where Lot 1 equals 0.92 acres. This property includes 25.5 acres of
open space inclusive of 0.62 acre of unbuildable lands; and
WHEREAS, The Planning Board recognizes that the applicant has proposed a 80/60
Conservation Subdivision that supports and meets many of the Town's goals; and
WHEREAS, due to the environmental, scenic and cultural sensitivity of the hamlet of
Orient, the Planning Board has determined that the proposed action may result in a
moderate to large impact; and
WHEREAS, the Planning Board, as Lead Agency, is requiring the review of the whole
action of 17 lots on 4 parcels; and
WHEREAS, pursuant to 6 NYCRR Part 617.4 (b) (8) "Any Unlisted Action that includes
a non-agricultural use occurring wholly or partially within an Agricultural District (certified
pursuant to Agriculture and Markets Law, Article 25 -AA, Sections 303 and 304) and
exceeds 25 percent of any threshold established in this section" is a Type I Action under
SEQRA; and
WHEREAS, pursuant to 6 NYCRR Part 617.4 (b) (5), one of the thresholds established
for a Type I Action is the following: "Construction of new residential units that meet or
exceed the following thresholds: 50 units not to be connected (at the commencement of
habitation) to existing community or public water and sewerage systems including
sewage treatment works" and 25 percent of this threshold equals 12.5 residential units;
and
WHEREAS, this proposed subdivision includes the potential future construction of 17
new residential units in an area without access to public water and sewerage systems;
and
WHEREAS, pursuant to 6 NYCRR Part 617.4 (b) (9), another Type 1 Action is "any
Unlisted Action (unless the action is designed for the preservation of the facility or site)
occurring wholly or partially within, or substantially contiguous to, any historic building,
structure, facility, site or district or prehistoric site that is listed on the National Register
of Historic Places, or that has been proposed by the New York State Board on Historic
Preservation for a recommendation to the State Historic Preservation Officer for
nomination for inclusion in the National Register, or that is listed on the State Register of
Historic Places (The National Register of Historic Places is established by 36 Code of
Federal Regulation (CFR) Parts 60 and 63, 1994 [see 617.17]"; and
Southold Town Planning Board Page 117 July 6, 2015
WHEREAS, this proposed subdivision is located substantially contiguous to the Orient
National Historic District located to the east of the South Dyer property; and
WHEREAS, based upon the above requirements, the Planning Board performed a
coordinated review of this Type I Action pursuant to 6 NYCRR Part 617, Section 617.7
of the State Environmental Quality Review Act (SEQRA); and
WHEREAS, on January 12, 2015, the Southold Town Planning Board declared Lead
Agency status for the SEQRA review of this action; and
WHEREAS, on January 12, 2015, the Southold Town Planning Board classified the
action as a Type I Action; and
WHEREAS, the Planning Board, as Lead Agency, performed a coordinated review of
this Type I Action pursuant to 6 NYCRR Part 617, Section 617.7 of the State
Environmental Quality Review Act (SEQRA); be it therefore
RESOLVED, that the Planning Board, pursuant to SEQRA, hereby makes a
determination of significance for the proposed action and issues a Positive
Declaration for this action.
Martin Sidor: Second.
Chairman Wilcenski: Motion made by Bill, seconded by Martin. Any discussion? All in
favor?
Ayes.
Motion carries.
SITE PLANS
Determinations:
Chairman Wilcenski: Creative Courses Catering, LLC - This proposed Site Plan is
for the renovation and conversion of an existing 60'x 40' (2,400 sq. ft.) masonry
building, formerly a machine'shop, to a 16 seat take-out restaurant with six (6) parking
stalls on .33 acres in the LB Zoning District. The property is located at 41150 CR 48,
±850' s/w/o CR 48 & Tuckers Lane, Southold. SCTM#1000-59-10-4
Pierce Rafferty:
Southold Town Planning Board Page 118 July 6, 2015
WHEREAS, this proposed Site Plan is for the renovation and conversion of an existing
60' x 40' (2,400 sq. ft.) masonry building, formerly a machine shop, to a 16 seat take-out
restaurant with six (6) parking stalls on .33 acres in the LB Zoning District; and
WHEREAS, on November 19, 2014, Ray Nemschick, agent to the applicant, submitted
an application for Site Plan review; and
WHEREAS, on December 1, 2014, the Planning Board formally accepted the
application as complete for review; and
WHEREAS, on December 2, 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 proposed action is exempt from Suffolk County Planning Commission
review because the proposed addition is less than 1,000 square feet with no change to
use or occupancy; and
WHEREAS, on December 10, 2014, the Southold Town Fire Inspector reviewed and
determined that there was adequate fire protection and emergency access for the site;
and
WHEREAS, on December 12, 2014, the Southold Fire District determined there was
adequate fire protection for the site; and
WHEREAS, on December 19, 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 January 12, 2015, a public hearing was held and closed; and
WHEREAS, on January 22, 2015, 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 January 26, 2015, the applicant was required to obtain a Highway Work
Permit from the Suffolk County Department of Public Works (SCDPW) to provide a safe
turning lane for westbound traffic into the proposed site; and
WHEREAS, on February 9, 2015, the Southold Town Planning Board, pursuant to State
Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617.5 (c), 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
Southold Town Planning Board Page 119 July 6, 2015
transmission facilities. The action is for interior renovations and to construct an 8, x 12,
concrete pad for a walk-in cooler in the location of an existing concrete pad and not
subject to review under SEQRA; and
WHEREAS, on February 25, 2015, the Planning Board granted permission for the
applicant to commence interior work to the building necessary to opening the proposed
kitchen in order to support an existing catering business prior to Site Plan approval. The
catering business operates off site and no public is permitted on site until Site Plan
approval has been received and the turning lane has been provided pursuant to the
SCDPW; and
WHEREAS, on May 11, 2015, the Suffolk County Department of Health Services
(SCDHS) granted Approval Reference #C10-14-006 for "Wet Store (16 seat maximum;
single serve only)" at 402 gallons per day; and
WHEREAS, on June 11, 2015, the Suffolk County Department of Public Works
(SCDPW) approved a plan to re -stripe County Road 48 to provide a turning lane for
westbound traffic into the proposed site; and
WHEREAS, on June 15, 2015, the Southold Town Planning Board determined that all
applicable requirements of the Site Plan Regulations, Article XXIV, §280 — Site Plan
Approval of the Town of Southold, have been met; and
WHEREAS, on July 6, 2015, the Southold Town Chief Building Inspector reviewed and
certified the proposed Site Plan as a permitted use in the LB Zoning District; therefore,
be it
RESOLVED, that the Southold Town Planning Board has determined that this proposed
action is consistent with the policies of the Town of Southold Local Waterfront
Revitalization Program;
William Cremers: Second.
Chairman Wilcenski: Motion made by Pierce, seconded by Bill. Any discussion? All in
favor?
Ayes.
Motion carries.
Pierce Rafferty: And be it further
RESOLVED, that the Southold Town Planning Board grants Approval with one (1)
condition to the Site Plan entitled "Creative Courses", prepared by Raymond W.
Nemschick on August 8, 2014, last revised September 17, 2014, and authorizes the
Chairman to endorse the Site Plan including the following two (2) plans:
Southold Town Planning Board Page 120 July 6, 2015
1. SP -1 Plot Plan and Calculations
2. SP -2 Details
Condition:
Obtain and execute a 239-F from the Suffolk County Department of Public
Works (SCDPW) to change the striping of County Road 48 to create a
turning lane prior to the issuance of a Certificate of Occupancy.
William Cremers: Second.
Chairman Wilcenski: Motion made by Pierce, seconded by Bill. Any discussion? All in
favor?
Ayes.
Motion carries.
Approval Extensions:
Chairman Wilcenski: Purita Winery - This Site Plan is for the alteration and expansion
of existing buildings into a new winery totaling 6,304 sq. ft. which includes 267 sq. ft. of
office, 347 sq. ft. of retail, 3,249 sq. ft. of tasting room, 671 sq. ft. of storage area, 1,770
sq. ft. of production area and stone terrace with 25 parking spaces on a 3.7431 -acre
parcel in the A -C Zoning District. The property is located on the n/s/o Old North Road,
approximately 286 ft. w/o County Road 48, known as 19110 Old North Road, in
Southold. SCTM#1000-51-3-4.11
Martin Sidor:
WHEREAS, this Site Plan is for the alteration and expansion of existing buildings into a
new winery totaling 6,304 sq. ft. which includes 267 sq. ft. of office, 347 sq. ft. of retail,
3,249 sq. ft. of tasting room, 671 sq. ft. of storage area, 1,770 sq. ft. of production area
and stone terrace with 25 parking spaces on a 3.7431 -acre parcel in the A -C Zone
located on the n/s/o Old North Road, approximately 286 ft. w/o County Road 48, known
as 19110 Old North Road, in Southold. SCTM#1000-51-3-4.11; and
WHEREAS, on March 10, 2008, the Planning Board granted Approval to the Site Plan
entitled "Renovations and Additions to the Purita Winery", prepared by Nancy L.
Steelman, R.A., originally dated October 8, 2007 and last revised March 7, 2008; and
WHEREAS, on March 10, 2011, the Site Plan Approval expired; and
Southold Town Planning Board Page 121 July 6, 2015
WHEREAS, on April 21, 2015, the Planning Board sent the applicant a notice that Site
Plan Approval had expired and requesting a response in writing or the application would
be considered withdrawn; and
WHEREAS, on May 22, 2015, Nancy Steelman, agent, submitted a letter requesting an
Extension of Site Plan Approval; and
WHEREAS, at a Work Session held on July 6, 2015, the Planning Board reviewed the
application and determined the expired Site Plan is in compliance with current rules and
regulations; be it therefore
RESOLVED, that the Southold Town Planning Board grants an Extension of Site Plan
Approval from March 10, 2011 to January 14, 2017 on the Site Plan entitled
"Renovations and Additions to the Purita Winery", prepared by Nancy L. Steelman,
R.A., originally dated October 8, 2007 and last revised March 7, 2008 with the following
two (2) conditions:
Conditions:
1. Provide a Photometric Plan pursuant to §172 of the Town Code that includes foot
candle values for all proposed exterior light fixtures;
2. Revise the parking calculations on the Site Plan by rounding up to the nearest
whole number to determine the amount of required spaces and provide the
number of employees in lieu of the light industrial parking calculation.
William Cremers: Second.
Chairman Wilcenski: Motion made by Martin, seconded by Bill. Any discussion? All in
favor?
Ayes.
Motion carries.
Set Hearings:
Chairman Wilcenski: A & S Southold Oil Corp. Gas Station Canopy - This amended
Site Plan is for the construction of a 1,568 sq. ft. canopy pursuant to ZBA File #6757 to
cover the existing fuel pumps on 0.3 acres in the General Business (B) Zoning District.
The property is located at 49670 NYS Route 25, on the corner of NYS Rt. 25 & Main
Bayview Road, Southold. SCTM#1000-70-7-4
Southold Town Planning Board Page 122 July 6, 2015
William Cremers:
WHEREAS, this Amended Site Plan is for the construction of a 1,568 sq. ft. canopy
pursuant to ZBA File #6757 to cover the existing fuel pumps on 0.3 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.
Chairman Wilcenski: Motion made by Bill, seconded by Martin. Any discussion? All in
favor?
Ayes.
Motion carries.
William Cremers: And be it further
RESOLVED, that the Southold Town Planning Board sets Monday, August 3, 2015 at
6:01 p.m. for a Public Hearing regarding the Site Plan entitled "Proposed Canopy
Addition to Existing Gasoline Sales Station", prepared by Garrett A. Strang, Registered
Architect, dated November 12, 2013 and last revised June 1, 2015.
Martin Sidor: Second.
Chairman Wilcenski: Motion made by Bill, seconded by Martin. Any discussion? All in
favor?
Ayes.
Motion carries.
Chairman Wilcenski: Southold Gas Station & Convenience Store - This amended
Site Plan is for the proposed conversion of an existing 3,476 sq. ft. building (formerly for
vehicle detailing, RV sales and servicing) to a convenience store and vehicle fuel sales,
with: 6 fuel pumps (12 fueling stations), two canopies, one at 50' x 24' (1,200 sq. ft.) and
the other at 50'x 50' (2,500 sq. ft.) and 29 parking spaces on 1.46 acres in the General
Business (B) Zoning District. The property is located at 45450 CR 48, on the s/w corner
of CR 48 and Youngs Avenue, Southold. SCTM#1000-55-5-2.2
Southold Town Planning Board Page 123 July 6, 2015
Pierce Rafferty:
WHEREAS, this Amended Site Plan is for the proposed conversion of an existing 3,476
sq. ft. building (formerly for vehicle detailing, RV sales and servicing) to a� convenience
store and vehicle fuel sales, with: 6 fuel pumps (12 fueling stations), two canopies, one
at 50'x 24'(1,200 sq. ft.) and the other at 50'x 50'(2,500 sq. ft.) and 29 parking spaces
on 1.46 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.
William Cremers: Second.
Chairman Wilcenski: Motion made by Pierce, seconded by Bill. Any discussion? All in
favor?
Ayes.
Motion carries.
Pierce Rafferty: And be it further
RESOLVED, that the Southold Town Planning Board sets Monday, August 3, 2015 at
6:02 p.m. for a Public Hearing regarding the Site Plan entitled "Proposed Alterations
to Building for Southold Property", prepared by Garrett A. Strang, Registered Architect,
dated May 9, 2015 and last revised June 25, 2015.
William Cremers: Second.
Chairman Wilcenski: Motion made by Pierce, seconded by Bill. Any discussion? All in
favor?
Ayes.
Motion carries.
SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT
Determinations — Negative Declarations:
Southold Town Planning Board P' a g e 124 July 6, 2015
Chairman Wilcenski: Mattituck Fire District Telecommunications Facility - This
proposed wireless communications Site Plan is to replace an existing ±84'
communications tower with a 120' antenna support structure/tower with associated
equipment and a generator to be mounted on the roof of the existing firehouse. There
are ±14,370 sq. ft. of existing buildings including the main fire house and associated
accessory structures, all on 1.38 acres in the Hamlet Business Zoning District. The
property is located at 1000 Pike Street, on the s/w corner of Pike Street & Wickham
Avenue, Mattituck. SCTM#1000-140-3-11.1
Martin Sidor:
WHEREAS, this proposed wireless communications Site Plan is to replace an existing
±84' communications tower with a 120' antenna support structure/tower with associated
equipment and a generator to be mounted on the roof of the existing firehouse. There
are ±14,370 sq. ft. of existing buildings including the main fire house and associated
accessory structures, all on 1.38 acres in the Hamlet Business Zoning District,
Mattituck; and
WHEREAS, the applicant submitted a revised application for Site Plan review on
January 21, 2015; and
WHEREAS, on May 18, 2015, the Planning Board accepted the application for review;
and
WHEREAS, on June 1, 2015, the Southold Town Planning Board, pursuant to State
Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617, determined that the
proposed action is an Unlisted Action as it does not meet any of the thresholds of a
Type I Action, nor does it meet any of the criteria on the Type II list of actions; and
WHEREAS, on June 1, 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 June 11, 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 SEAR lead agency coordination process 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.
William Cremers: Second.
Southold Town Planning Board Page 125 July 6, 2015
Chairman Wilcenski: Motion made by Martin, seconded by Bill. Any discussion? All in
favor?
Ayes.
Motion carries.
Chairman Wilcenski: Berry & Berry, LLC - This proposed Site Plan Application is to
convert an existing 1,096 sq. ft. dwelling to a business office and construct a 64' x 40'
(2,560 sq. ft.) four bay storage garage pursuant to ZBA File #6818 on 20,419 sq. ft.
(0.47 acres) in the General Business (B) Zoning District. The property is located at
41535 NYS Route 25, ±495' s/w/o Peconic Lane & NYS Route 25, Peconic.
SCTM#1000-75-5-13
William Cremers:
WHEREAS, this proposed Site Plan Application is to convert an existing 1,096 sq. ft.
dwelling to a business office and construct a 64'x 40' (2,560 sq. ft.) four bay storage
garage pursuant to ZBA File #6818 on 20,419 sq. ft. (0.47 acres) in the General
Business (B) Zoning District, Peconic; and
WHEREAS, the applicant submitted a revised application for Site Plan review on March
19, 2015; and
WHEREAS, on April 10, 2015, the Planning Board accepted the application for review;
and
WHEREAS, on May 4, 2015, the Southold Town Planning Board, pursuant to State
Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617, determined that the
proposed action is an Unlisted Action as it does not meet any of the thresholds of a
Type I Action, nor does it meet any of the criteria on the Type II list of actions; and
WHEREAS, on May 4, 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 May 11, 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; 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.
Southold Town Planning Board Page 126 July 6, 2015
Chairman Wilcenski: Motion made by Bill, seconded by Martin. Any discussion? All in
favor?
Ayes.
Motion carries.
That ends our section of resolutions for this evening and we will move to public hearings
now.
PUBLIC HEARINGS
Chairman Wilcenski: 6:01 p.m. - Grace & Grit - This Site Plan Application is for the
proposed conversion of an existing 1,021 sq. ft. retail store to a six (6) seat restaurant
and three (3) parking spaces on 0.13 acres in the Hamlet Business Zoning District. The
property is located at 55750 Route 25, ±64' n/e/o Hobart Road & NYS Rt. 25, Southold.
SCTM#1000-62-3-8
At this time I'd like to ask anyone to step to one of the podiums, state your name, write
your name for the record and please direct all your comments to the Planning Board.
Jeffrey T. Butler: Good evening members of the Board, thank you for your time, my
name is Jeffrey T. Butler, professional engineer, office is 206 Lincoln Street Riverhead.
I am here on behalf of the applicant, as you mentioned it's an existing retail facility that's
being converted to a six seat restaurant. As part of that there will be some site
improvements, including some parking and paving and storm water management, as
well as a new sanitary system and hooking up to public water. I am here answering
questions you might have, or any details you may need about the application.
Chairman Wilcenski: Thank you, anyone else in the audience would like to step to the
podium.and address the Board on Grace & Grit?
Anyone? Any Board members have any questions? Seeing none -
William Cremers: I make a motion to close the hearing.
Martin Sidor: Second.
Chairman Wilcenski: Motion made by Bill, seconded by Martin. Any discussion? All in
favor?
Ayes.
Motion carries.
Southold Town Planning Board Page 127 July 6, 2015
Chairman Wilcenski: 6:02 p.m. - Harold R. Reeve & Sons, Inc.,- This proposal is for
a Standard Subdivision of a 5.1 acre split -zoned parcel into 4 lots where Lot 1 equals 1
acre inclusive of 0.06 acres of unbuildable land, Lot 2 equals 1 acre inclusive of 0.05
acres of unbuildable land, Lot 3 equals 1 acre inclusive of 0.04 acres of unbuildable
land located in the R-40 Zoning District and Lot 4 equals 1.8 acres located in both the
R-40 and B Zoning Districts. A 0.3 acre proposed private road, Creek View Lane, is
located on the northeast side of the subdivision off of Wickham Avenue. This proposal
includes a Change of Zone Application where the zoning on Lot 4 is proposed to
change from the R-40 and B Zoning Districts to the LB Zoning District. The property is
located at 1605 Wickham Avenue, on the n/s/o County Road 48, approximately 190' w/o
Wickham Avenue, in Mattituck. SCTM#1000-140-1-6
Just a note, before we start this hearing. This hearing will be held open after tonight
due to notification issues. So please be aware that this will carry over to August 3,
2015. Thank you. At this time I would like anyone that would like to address the
Planning Board on the Harold R. Reeve & Sons application, to please step to the
podium, state your name and write your name for the record.
Abigail Wickham: Good evening, my name is Abigail Wickham of Wickham, Bressler
and Geasa, we are at 13015 Main Road, Mattituck New York and we represent Harold
R. Reeve & Sons Inc., who has owned this property for quite a number of years. This is
a 4 lot subdivision in a mixed zoning use districts on County Route 48, near the
Wickham Avenue intersection. All of the lots that are proposed comply with the code
sections of the Southold Town Zoning Ordinance and there are no variances requested
or needed as to any of the lots. This subdivision is made in conjunction with a request
that we have made to the Town Board for a rezoning and I think there may be many
questions tonight regarding the rezoning, but as this is a hearing regarding the
subdivision, not the rezoning, I will only briefly explain the rezoning aspects but not
address the merits of the rezoning tonight. Lots 1 through 3 as the Chairman
mentioned are 40,000 square foot residential lots on Mattituck Creek that will be utilized
each for a single family dwelling. Lot 4 will be located with frontage on County Route
48, 40,000 square foot area, it is currently zoned B, which is a General Business
category and R-40. The part of lot 4 which is B zoning, consists of the existing building,
which originally was the Mattituck Laundromat and more recently has been used by the
Reeve Construction firms for their operation, as well as the remainder of the frontage on
Route 48 all the way west to Maiden Lane, which is zoned B, General Business. As to
lot 4, which is the lot on Route 48, the applicant has agreed or is willing to give up the
Business Zoning on that property and the ability to have an additional lot on that
property in favor of limiting the use on that Lot 4, to Limited Business. Limited Business
being much, much more restrictive as to the uses that could occur. We've discussed
this for some time with different branches of Town Government and we think it is a fair
and reasonable position in terms of the use of this property, and considering the
surrounding areas. If there are any questions, I'm happy to answer them. That is just a
general overview, more for the benefit of the people here, I think than you gentlemen
and ladies who know that already. Thank you.
Southold Town Planning Board Page 128 July 6, 2015
Chairman Wilcenski: Thank you. Would anyone like to speak to the Planning Board
with regard to Harold R. Reeve & Sons?
Bill Toedter: Hi, my name is Bill Toedter, I am representing North. Fork Environmental
Council. Harold R. Reeve & Sons have been an important part of this community for a
long time and done an extraordinary amount of work in terms of residential properties,
town properties, taking a lead in the building of what is now the Peconic Bay Medical
Center. The comments that I am about to make have nothing to do about their
character or their ability and right to request an application for subdivision or rezoning
but I'd like to focus right now on the process because that's what I am concerned about
at the moment. First and foremost, the applicants have asked for both a change in zone
and an approval for a subdivision plan, and they haven't provided a lot of information, at
least in the public file that we can see around that and while it's convenient to separate
the two, at this point it's my understanding that these processes are sort of intertwined.
You'll be looking at the subdivision plan, looking at that and then making a
recommendation to the Town Board as to its approval and what to do moving forward
from that point. So I think, for everyone's benefit, it would be helpful to know is the
applicant retaining ownership of the various lots, and building on them for use by Reeve
family members. If not will they be developing the property, building residential homes
and building a commercial business for spec? If not will they be looking to sell off the
lots individually for building? If the applicant is looking to build on the business parcel,
either for their own business or for spec, what type of building and business does the
applicant foresee going on the rezoning increased building lot? All of these questions,
more important not just to the Town and other agencies so they can properly gauge the
impact to the immediate community, in terms of things like night time lights, traffic, noise
and added nitrogen load to the inlet. It's important to the community so they can better
gauge the impact on the immediate surroundings. Without full disclosure of the
intended use there can be no full assessment of the determination of impact. Now the
applicants filled out a Full Environmental Assessment Form, however as noted above
the applicant has not divulged plans for the rezoned LB parcel. This is unusual and not
helpful to the process, however with that said, in looking at that form we found errors
and inconsistencies, we've noted 11, in a letter which we'll submit to you tomorrow, but
we can just go over a few right now to just give you a general idea of some of our
concerns. If I look over Section D, Project Details, Sub -Section D-1, Proposed and
Potential Development, "Will the proposed action be constructed in multiple phases?"
The answer is not applicable; N/A is not a presented answer option. If the rezoning and
subdivision are approved, there will be four building lots as stated before. If there are
multiple lots there are only two available answers, yes it will be done in phases or no it
won't be done in phases. This is why the answers to the questions that I raised above
are important and why this application and environmental assessment form is lacking.
In the same section and same sub -section, question G is, "Does the proposed action
include new non-residential construction (including expansions)?" In a moment of
clarity this was answered yes, and then whited-out, and then answered no. This is
perhaps the most telling and egregious of the answers submitted because clearly the
applicant knew that the application to rezone and expand the business area would be
Southold Town Planning Board Page 129 July 6, 2015
leading to either proposed or potential new non-residential construction, but to say that
the effort to rezone and expand the available business area with no proposed or
potential business development is wrong. We should be very clear that simply
answering no does not eliminate the applicant's obligations under SEAR. Section D,
Project Details, Sub -Section D-2, Project Operations, "Will the proposed action generate
liquid wastes?" The answer was no, both the residential and business sites will clearly
produce liquid waste in the form of sanitary wastes. If you look further down and
Question -D, II, the question clearly includes sanitary wastes as it reads, "Nature of liquid
waste to be generated, (e.g. sanitary waste water, industrial: if a combination describe
all the components and approximate volumes or proportions of each)." Again this was
left blank, not providing the proposed use of the LB Zoned lot does not mean that these
answers do not apply, they do. Without this information, how can this Board, how can
the Town and how can other people make a full assessment of the property? As I said
there are others, and I won't get into all of here, the other one I'll leave here is Section
E, Site and Setting of Proposed Action, Sub -Section E-2, Natural Resources on or Near
Project Site, Question H -V, "Are any of the above water bodies listed in the most recent
compilation of NYS water quality -impaired waterbodies?" The question was
unanswered. The answer is yes, Mattituck Inlet is on the most recent list of water
quality -impaired waterbodies. Not to answer this question, which can be easily
researched is another emission which brings this process into question. These are
major items, we have sort of identified at this point. What they indicate to us is that the
process may not be correct; first if an applicant is proposing a rezoning and doesn't
want to state the proposed use, then a Generic Environmental Impact Study (GEIS)
should be prepared in order to evaluate the full spectrum of proposed uses. This form
and the information provided in the file now do not allow the Planning Board, the Town,
or other agencies and the community to properly evaluate the impact of the proposed
actions. Secondly it should be noted that if the use and impacts are reasonably known
they should be addressed now and not after the property has been rezoned, and it
should be noted that it is well within the Town Boards discretion to deny or dismiss this
Change in Zone until such time as a use has been identified, it's very important. When
we look at Lead Agencies in looking over this integrated process, we were told that
Suffolk County Department of Health Services was the Lead Agency, I don't know if that
is correct or not but if it is, it raises some concern because its highly unusual for the
SCDHS to be Lead Agency in a subdivision and Change of Zone application. Typically
the ultimate permitting authority, in this case the Town, is the Lead Agency. We, like
the Town, have grave concerns about the effect of the sanitary flow going into the
already impaired Mattituck Inlet. This property lies in the zero to two year zone, but for
all intents and purposes output from sanitary systems likely would hit the water within a
period of months not years, but again without the applicant giving more information
about the nature .of the proposed use for the LB parcel, how can this impact be properly
evaluated by anybody? More important to the point, whether the Town of Southold or
SCDHS, who has greater awareness and knowledge and sensitivity of local issues,
such as and not limited to, how the rezoning and subdivision fit into the Comprehensive
Plan especially with other Mattituck rezoning applications in the Pike. How does the
past non -conforming use in commercial buildings in the current R-40 zone with no buffer
between them and adjoining residential lots affect the rezoning and the subdivision
Southold Town Planning Board Page 1 30 July 6, 2015
application? Does the proposed increase of almost 300% in the business parcel, which
now affects 6-7 adjoining residential lots fit into the existing expected nature of the
immediate community. These and other issues are best handled by the Town and to
have the Lead Agency other than the Town does not make sense, and makes us
wonder the reason behind this unusual move. One thing to be aware of, and you'll have
pictures submitted with the letter too, is that the submitted plan shows a proposed
Suffolk County water line coming off of County Road 48 going on to Maiden Lane, a
private road, and entering the Reeve property from the West. What's interesting is that
the path of these water lines have already been marked on the roads in question. All of
this is taking place before the first Public Hearing, of this rather complex process
covering both the rezoning and the subdivision application. What's even more strange,
and a little more disconcerting is that despite the applicant not presenting information in
the file about the proposed use of the LB parcel and how they look to develop
residential lots, the following has already been taking place. Last week National Grid
did roadwork on County Road 48, branching off the main gas line from the South side of
the Road to the North side, and for the time being terminating the line extension right in
front of the current Reeve building in the B -Zoned lot. If you drive past you'll see the
pile of rubble marked by 2 orange cones, and that again is in the pictures. Prior to that,
markings in the road also show the extension of the gas lines West along CR -48 to
Maiden Lane and following the markings of the Suffolk County water line markings up
Maiden Lane to again the proposed water line entrance to the property. So the question
is, in our minds, who jumped the gun and why? Again before the first Public Hearing
has been held extension of gas lines, which are not shown in the application, have been
made and marked and water line extensions have been marked. This doesn't seem like
the proper process, the evidence points to the fact that the applicant knows what they
want to do with the property. We strongly doubt a utility would do the above work
without any understanding of the use. Suffolk County Water Authority and National Grid
would both want to know what was being proposed in order to determine the needed
service standards. So the NFEC is requesting that the Planning Board request copies
of the permit applications to both Suffolk County Water Authority and to National Grid,
and make their findings part of the public record as to when and why these applications
were made. In conclusion, as I said this is about process and not the actual particulars
of the plan, there are many more issues NFEC would love to address to lessen the
impact of the proposed rezoning and subdivision on the immediate neighborhood and
the environment, however we don't want to uncover those at this point to imply that we
are approving the current application in its current state. Therefore given a lack of
information presented by the applicant and other issues outlined the NFEC is calling on
the Planning Board, and if it goes further in the process the Town Board to dismiss this
application outright and have the applicant and the Town restart the process so that
proper and meaningful procedures can be adhered to, and so the application can be
reviewed with full and complete information. Thank you.
Chairman Wilcenski: Thank you for your comments and you did say you would be
sending a letter, so all of your comments will be taken into consideration and are put
into the file. Would anybody else like to address the Planning Board on Harold R.
Reeve & Sons, please step to one of the podiums, state your name and write your
Southold Town Planning Board Page 131 July 6, 2015
name for the record. Anyone else? Again this hearing will be held open until August 3,
2015, the hearing will not be closed tonight.
Sharmini Jayamaha: My name is Sharmini Jayamaha, I am a local physician practicing
in this area for the last 14 years with privileges to Eastern Long Island Hospital, Peconic
Bay Medical Center and Southampton Hospital. I live on Maiden Lane; I oppose the
change in zoning from residential to business or rather the expansion of the little strip of
business on the North Road to two acres. This expansion is going to reduce the value
of the properties around that area including our properties. Also it will affect the quality
of our lives. I plead with the Southold Town Planning Board to consider the rights of all
the property owners in the neighborhood and not just the rights of the applicant. Thank
you.
Chairman Wilcenski: Thank you for your comments. Anyone else like to address the
Planning Board? Yes -
Raymond Smilovich: Hi, I am Raymond Smilovich, I am one of the adjacent properties
and my concerns are what they are going to do, because it is actually right past my
back yard, where it would be the commercial zoning. When I bought my house, I've
been living out here and I've been a business owner for 15 years in Cutchogue and I
raised my whole family in that house. My daughter Samantha was born in that house.
My house was General B, and I bought it for that one reason because it was General B.
They were going to change it, I came up to a hearing and I fought it and they didn't
change it, and then in the middle of the night they changed it to RO. Part of my
concerns are was that ever changed to RO like my house was and the surrounding
properties, and again it is my back yard so I want to know what is going to go there
before they just start building. If it's a convenience store it going to hurt my property
and the surrounding properties. I am very concerned.
Chairman Wilcenski: Okay, thank you for your comments. Anyone else?
Leroy Heyliger: Good evening, my name is Leroy Heyliger, I live at 1585 Wickham
Avenue, my house is located at the Southwest corner of Mill Creek Lane, not Road but
Lane. I have lived here in Mattituck since 1966, having purchased my home from the
late Mr. William Ruland, along with my wife, the former Louise Theresa Fun whose
family and relatives settled here in the late 1920's. They worked on the farms, they
were caregivers and they were domestics, they were from Virginia. I currently hold the
position of Deacon at the Unity Baptist Church, 84 year old church located on Factory
Avenue in Mattituck, the Reverend Dr. Marvin Dozier as Pastor. Some may see this
zoning change application as just a tempest in the tea pot however, I see it as an
infringement on my and my neighbor's quality of life issue. I am far from one who
enjoys joining the ranks of the nimby's or the banana crowd, build absolutely nothing
near anyone. As I serve of the member of the Southold Town Housing Advisory
Commission and the Southold Town Anti -Bias Task Force, however if I can quote the
famous line from Shakespeare's Hamlet, Act 3 Scene 1, "To be, or not to be, that is the
question. Whether'tis nobler in the mind to suffer the slings and arrows of outrageous
Southold Town Planning Board Page 1 32 July 6, 2015
fortune, or to take arms against a sea of troubles, and oppose them, to die, to sleep,
perchance to dream. Ay, there is the rub." Referring to Shakespeare's nobler in the
mind concept, reminds me of something I read and have seen on the news that made
me sit up and take notice. A project was being undertaken to acquaint Iraq and
Afghanistan wounded warriors with therapy dogs to help them in their rehabilitation back
to civilian life and its apparent stresses. Being a Vietnam era veteran, no such support
was available for us who came through those terrible tours of duty, outside of
counseling sessions at the North Fork VA. What I did have is my loving family, my
church and my little, God's little acre plot here in Mattituck, Town of Southold. When I
purchased my home, at the closing, held in Mr. Wickham's law office in Mattituck, which
was held a week before leaving for duty in Southeast Asia in September 1966, it was
discovered that an additional 10 feet of property had been purchased by the seller, Mr.
William Ruland, from the late Mr. Reeve in order to prevent the property adjacent to my
home and that of my neighbors Mr. & Mrs. Wagoneer to become a road, hence the
designation was given it Creek View Lane on the town map. This lane effectively
buffered, this lane effectively bisects the lots 1, 2, 3 and ended at Maiden Lane. This
lane was used daily by the late Mrs. Reeve who would greet me with a cheery, "Good
morning, how are you today?" We would exchange pleasantries and at one point she
called the wooded area, lots 1, 2 and 3, her bird sanctuary and her wildlife creature
preserve. She also made the comment that she would include the land in her will to
preserve it unto perpetuity. I have no idea if she ever did so, but it was a wonderful
thought since now that the North Fork has suddenly become discovered thanks to the
Wall Street Journal articles. We North Forker's are being deluged with developers
eager to snatch up properties where they can put up restaurant, hotels and other similar
structures with little regard for the residents. Our way of life is suddenly being
threatened by the peace of mind that comes from having been blessed with a small
portion of God's little acre. In conclusion I pray that this Board will carefully examine
this zoning application change and be open with us the people who are the ones you
serve and who deserve a fair and just decision. I urge you to consider its effects on the
residents, not only on this small portion of Southold Town, but on its effect of others that
live near the wetlands along Mattituck Inlet Creek and its subsequent pollution and
flooding., Respectfully submitted, Leroy Heyliger.
Chairman Wilcenski: Thank you very much for your comments, and if you would like
to submit a copy of that letter for the record we can do that. Would anybody else like to
speak to the Planning Board? Step to one of the podiums and state your name, and
write your name.
Richard Drake: My name is Richard Drake, I live across the street from the
development Wickham and Freeman. What I'm worried about is we have a flooding
problem across the street from us now, since the bulk head was put on the marina.
When they build this so called building area here, I'm sure they're going to put up
another bulk head on the other side, which just brings that water right into the creek
behind my house. Everybody in our neighborhood has been flooded several times
because of that creek. The doors are never opened or are closed or whatever their
situation is there, I'm concerned that if they do this, 1- the creek is polluted, 2- if they put
Southold Town Planning Board Page 133 July 6, 2015
more septic's in its going to even get worse. The creek behind us is going to be filled up
with water constantly and I already lost over a foot and a half of land there, that keeps
on dwindling because of that creek being filled all the time. We never had that problem
when I first moved there years ago in 1978. We never had a problem with it until
recently, so this is my concern. I'm just worried about the flooding and the creek being
filled up and the pollution. I used to eat the oysters out of there, years and years ago
when we first moved here. I used to eat all the shellfish out of there and now it's all
polluted. You can't touch anything in there. That's my concern, thank you.
Chairman Wilcenski: Thank you for your comments, anybody else?
Anthony Waggoner: Hi, my name is Anthony Waggoner, I live at 1695 Wickham
Avenue. I've been there about 27 years, my wife's family has owned that piece of
property for 4 generations that I know of. One of my concerns is of course the road, as
far as Light Business or Limited Business I should say. If that Creek View Lane is going
to be the access road for the business or what because its 25 feet from my back door
and I know for Mr. Heyliger it's about 15 feet from the side of his house. Also as Mr.
Drake said, and I guess this is further down the road but if the houses that are allowed
to go in there do put bulk heads up I think it's going to be very bad for Freeman. Since
the marina did the bulk head 15-20 years ago, then they -started to flood. All their
basements flood, I have a well so of course I'm concerned about any septic or sewage.
Is that going to mean that I will now have to go to city water or are the wells going to be
contaminated from the additional usage, again as far as the business and the homes. I
guess those are my big concerns, partly because that creek really does not flush out. It
has very little movements at the back of that creek, so any additional waste products of
any kind are just going to make it worse. Again those are my main concerns, the road
is it going to be paved or dirt road because again we're in and out of the side of the
house and my kids and hopefully in the future my grandchildren, but that's it. Thank you.
Chairman Wilcenski: Thank you for your comments, anybody else? Yes sir -
Bob Deluca: Good evening Mr. Chairman and members of the Board my name is Bob
Deluca and I serve as president for the Group for The East End. We'll be submitted
additional comments and participating in the continuation of this hearing but just one
thought I wanted to offer this evening listening to what I've heard. There is almost a
sequence problem here that I think you can fix through the SEAR process, as you know
obviously it's the Town Board's jurisdiction to determine what the uses are in the land
and the Planning Board is usually here to figure out what to do once those uses are
determined. In this application you have a little bit of both, so the SEQR process is
supposed to pull those two things together through a coordinated review and start with
essentially the Town Board's determination as to whether or not the LB and B zoning
piece make sense from the standpoint of comprehensive planning. If it does, and if in
their wisdom they choose to make that decision then the rest of it would fall to you.
During that process the Planning Board would always advise the Town Board with
respect to the rest of the subdivision, but it may be that some of the difficulty here is just
in the sequence in the way this application preceded. Which is its before you, and
Southold Town Planning Board Page 1 34 July 6, 2015
obviously you've had it for a while and been working on it, and its less clear to me
where it is with respect to the Town Board, if the Town Board and you are in sequence
then the Town Board's opinion and attention to whether or not this fits in with the
Comprehensive Plan and whether or not this is the direction they want to see it going
then inform what it is you are going to do afterwards. I would only say that as we move
forward to the next phase here, the Town Board piece really needs to catch up and if it
does and you go through a full SEQR process then you have the benefits of your input,
their input, the public has the disclosure that SEQR requires and it also allows us to look
at mitigation measures in terms of how we can reduce potential impact to community
and environment with the knowledge as to what that parcel might actually be should it
become a change from what it is today. It could be a number of things, as you've heard
a restaurant and other things. As we look at water quality well a wet use on that
property like a restaurant could have a very different use or a very different impact then
say a workshop or a professional office or something like that. So that all needs to be
brought together and I think if it is you have the best opportunity to look at everything at
the same time, the public has the best opportunity to look at everything at the same time
and we have the best opportunity to develop mitigation measures for whatever happens
on that property, that are in the best interest of the community. All you have to do is
really look at that piece and what you see is for better or worse, that's the last clear
open piece of property in that area of impaired water and heavy development. A
number of houses and a restaurant could give you 1,000 gallons 1,500 gallons or more
of septic waste every day. If we don't have setbacks, we don't have clearing restrictions
and we don't have buffers imposed what is going to happen to what's left of that creek,
as you've heard people talk about it used to be a great creek, and it's got problems. All
of these are the objectives of the SEAR law and there is a process to sequence these
things and if you do it the right way I think we all have the best chance to make the best
decision. So I will just leave you at that thought and as I say, we'll be here at the next
hearing and submitting additional comments. Thank you for your time.
Chairman Wilcenski: Thank you for your comments.
Samantha Smilovich: Hi folks, my name is Samantha Smilovich I live in the house
1098 Wickham Avenue. My concern is the quality of life, as my father said I was born in
that house, my younger sister was also born in that house, we've been raised there, and
my father has been working on our backyard for quite a few years and we have finally
completed all of his projects. I am worried about the lack of peace and the lack of
safety we would have concerning people who we don't know, if this is used as a
restaurant or a 7-11 with types of people who maybe hanging around at night, that
would inflict on our quality of life. I don't feel that this is fair, I feel that this should be
addressed because my main concern is the safety of my younger sister, my niece, my
nephew who live in the house with us as well. I just feel this is imposing on our quality
of life. Thank you.
Chairman Wilcenski: Thank you very much for your comments, anyone else?
Southold Town Planning Board Page 135 July 6, 2015
Benia Schwartz: My name is Benja Schwartz, as I say I am a sailor, I have a boat in
the area. I also own waterfront property on the Bays, but as an East End waterfront
property owner I consider myself a neighbor of this property and I do visit the
neighborhood and have friends there. I spent some time recently with some of the other
people that are speaking tonight and that live in that area and could not be here tonight
but wish they could be. I just note that a quick check of the zoning map for the Town of
Southold reveals that the business zone on which the subject property is partly located
is the only business zone in this whole section of the map, at least in that area. There is
R-40, Limited Business, Hamlet Business, M-2 Zones but this is the only business zone
in that area. As we've heard from one of the neighbors today, their property which used
to be business was rezoned to Residential Office, presumably in an effort to shield and
buffer the residential properties on the other side of that property. It really kind of
boggles my mind that the Town is considering extending the commercial zoning into the
center of this subject parcel. The story which Leroy Heyliger told us tonight about his
predecessor and interest purchasing, in effect subdividing the subject parcel,
purchasing part of the subject parcel to add 10 feet, and you can see it on the map
outside where those 10 feet are on the side of the access to the property, which fronts
on Wickham Avenue. By the way in the description of the action in the agenda today
there is only one address given, 1605 Wickham Avenue, the address 5600 County
Road 48 seems to have been left out, there was an error in the notice, this whole
process just seems to be confused and I don't want to go into details of it but I don't
believe that this Board could decide the subdivision application until it makes a SEQR
determination and I think the nature of this property, it's an extremely complex piece of
property, the shape of it, the fact that it borders on the North Road and in fact it's very
close to the location where Kings Highway used to end and all the traffic would go up
Wickham Avenue. I won't take time but maybe Leroy will tell you someday about how
the traffic used to cut through the subject lot when there was a backup at the light,
before they built the North Road all of the traffic heading West came down the old
concrete Wickham Avenue that branches off the North Road and then down past this
Wickham Avenue and people that were stuck behind other cars at the light used to cut
through this property. The Reeve's closed that road off, and then the Reeve's sold to
William Ruland Sr. they sold him the 10 feet to prevent the Town from putting in a road
into this property and bringing the adverse impacts of a lot of development to those
houses. There are some things I don't understand, I don't understand how the applicant
could suggest or think that if the commercial zoning is extended back to that proposed
street that the commercial property wouldn't use that street or that people wouldn't
access the property from that street. In addition to this property being on the North
Road and on Wickham Avenue, it's also on a private dirt road, which are getting rarer
and rarer in this town, Maiden Lane. A very beautiful scenic lane with a lot of people
there who really love their houses and the value of their property depends on preserving
the natural and scenic beauty that's there. Mattituck Creek which also is very close to
the federal anchorage and those culverts under the road, which I don't quite understand
how they operate, but apparently they can open and close and control some of the flow
into the wetlands on the other side of the road. That whole end of the creek is not only,
has probably the lowest flow of any part of Mattituck Creek, but it's also impaired by the
presence of the marina, the intense development on the other side of the creek. I
Southold Town Planning Board Page 136 July 6, 2015
respectfully present to you that the presence of other development nearby should not be
a sign to this Board to allow the neighbors to do the same. That's not the way my family
taught me, and it's not the way we grew up, just because they got that marina over
there it doesn't, I think there might have been an application for Marine Zoning, I believe
there was an application to change the zoning on this property at one point to Marine
Commercial Zoning, and I believe the Town Board denied that already years ago, I
heard something about that. There is also, next to this, on this property there are a lot
of woods and animals there, it appears to me, from my reading of this application that
the applicant intends to demolish the two buildings to the rear, I should note too that the
front building, that maybe used to be the laundry building, I'm not sure, is not in the
Business Zone I don't believe, I believe it's only half way in the Business Zone, although
that might be disputed also, but if it's not in the Business Zone, and even if it is, the fact
that the other two buildings are not in the Business Zone makes it a non -conforming
use, which should give a whole another approach to the way that the Board approaches
this application. I know the Board has been discussing this application with the
applicant for well over a year but this is the first time that the public has been invited to
participate in the process. Providing for legal limits for potential development on this
parcel of land is imperative, since by all appearances the property owner is currently
intent on developing the property to the maximum legally permitted extent, he has a
right to do that, but you also have a right, and a duty, as the Planning Board. The
owner checked off in the application that, "Has any preservation been attempted, or is
he interested in preservating?" No. Well I don't know, that may change, that may not
reflect, I hope the owner is not that dismissive of preservation of some parts at least of
the natural beauty that's on this property currently. Who would own the proposed
private road, if its contiguous with, if the commercial zoning is extending, whether it is
Limited Business or Business, it's still business and that's extended back to the new
proposed road, I think the property would have a right to use that. I don't know if you
could do an easement, or if it would help, but I think they would use it, in fact anyway.
Now there are a lot of things in this application that imply that this is really an up zoning,
because it's going from Business to Limited Business. If you look at the whole
application, the non -conforming character of the current commercial use would be
expanded by expanding the Commercial Zoning and bringing it up to that access road
to Wickham Avenue, so they would have frontage in the back and the North Road. In
conclusion, before I conclude, one other thing the, I don't remember if I mentioned it,
excuse me, I've been doing all kinds of things today, I hit my head yesterday on a bird
feeder, I feel a little woozy, but more and more things in the world today, this is an
application to add more to an already very complicated mix of uses and properties and
natural features back there. There's things in there, this is not really on a historic
designated zone or anything, in the environmental assessment form, that environmental
assessment form, I think I don't know if it really is applicable to any project with the yes
or no choices. If I was the applicant and I was trying to answer it honestly I probably
would have to put maybe on many of those questions and then I would have to explain.
The complexities involved in this situation and the history of the property owners trying
to preserve the land, I think deserve your best shot at helping us maintain some, protect
the existing character of the area, if not improve it. I think it's entirely possible to design
a development here to improve it, but this one appears to me to be designed to realize
Southold Town Planning Board Page 137 July 6, 2015
the maximum economic benefit for the one subject property owner, and I just ask you to
consider the public interest and the interest of the other property owners. Thank you.
Chairman Wilcenski: Thank you very much for your comments. Would anybody else
like to address the Planning Board on the Harold R. Reeve & Sons application that is
before us tonight, again this will be held open through the August 3, 2015 meeting.
Abigail Wickham: Just briefly, Abigail Wickham, to hopefully address some of the
comments that were made tonight, keeping in mind we will be back here next month.
Regarding Mr. Toedter's questioning of the process and some of the questions he
raised, the applicant does not intent to retain ownership, he is proceeding with this
application because his family needs to sell the property and because of the mixed use
it was not readily apparent how to do that without coming to the Town and coming up
with a plan. As a result he will be listing the property for sale and the Limited Business
parcel use will depend on who the ultimate purchaser is, so we are unable to address a
Site Plan process at this point, but certainly you get to see all this again at the time that
the actual use of the property is determined. That Site Plan process, as you know, is
accompanied by a public hearing, so any questioning that the neighborhood may have
as to that particular process will be fully aired. On the SEQR, or the environmental form
those answers are addressed to the subdivision and the rezoning, not to the ultimate
use of the property, so it is somewhat confusing sometimes when you read the long
environmental form. The comment about gas and water lines, we have no idea what
motivated that, the applicant has not made any inquiries to any of the public utilities
about any work being done. Mr. Smilovich and Mr. Heyliger, and I apologize if I'm
pronouncing their names incorrectly, those properties back up to what is now the full B -
Zoned property, so this is not going to adversely impact them and the roadway that is
proposed, Creek View Lane, will not be used for the business parcel that is only a
residential roadway. The bulk heading issues are unrelated to this process, Mr.
Deluca's comment on the sequence, we are before the Town Board and yes that does
have to be coordinated. In general I just want to say that the development potential on
this property is actually being decreased by this proposal, if you would like I can read to
you the many different uses allowed in a B -Zone that are not allowed in a Limited
Business, if you'd prefer I not do that I won't but it's very extensive list and I have it right
here.
Chairman Wilcenski: No, I understand, I think that -
Abigail Wickham: If that would help clarify, just an unrelated matter, but it seems to be
the focal point.
Chairman Wilcenski: No, I think that all that information can be found on the website,
unless, I'll ask the people here, do you want to hear the list of the uses? Go ahead, let's
hear them.
Abigail Wickham: Okay, these are the uses that will be eliminated by the rezoning, in
other words they are not allowed in a Limited Business Zone but they are allowed in a
Southold Town Planning Board Page 138 July 6, 2015
,jer.
Business Zone. I'm going to go through them quickly; you're free, as the Chairman
suggested to read them more carefully online. Boarding houses, business and
professional government offices, banks, financial institutions, retail stores of 8,000
square feet or less, bake shops, retail bake shops, personal service shops like beauty
and barber, auction galleries, auditoriums, meeting halls, bus and train stations,
theatres, indoor theatres, laundromats, multiple dwellings, large grocery stores,
wholesale businesses and warehouses, cold storage plants, baking and food
processing and packaging, wholesale retail beverage distributor, train and bus station,
convenience store, that is one that people are concerned about, that is not allowed in a
Limited Business Zone, it would be allowed in the current zone, hotels, tourist camps,
these are required by special exception and the applicant has agreed to eliminate hotel
use in any event, tourist camps, research and development labs, enclosed recreational
facilities, laundromats, dry cleaning plants, non-profit meeting halls, take-out
restaurants, drinking establishments, car washes, public garages, private transport,
formal food, oh that's a shopping center, that's inapplicable, flea markets and large retail
centers, also allowed in a Business Zone with a special exception but not in the
proposed Limited Business, places of worship, schools, nursery schools, philanthropic
and life care centers, public utility right-of-ways, beach and membership clubs,
children's camps, farm labor camps, veterans institutions, cemeteries, stables and riding
academies, so there is a very, very long list of uses that will no longer be allowed to
occur and that's all I have to say this evening.
Chairman Wilcenski: Thank you very much, and again if you have access to the
computer it is on the website, the Town website. Does anybody else want to address
the Board tonight on the Harold R. Reeve & Sons application?
Benja Schwartz: Fairly brief, again it's Benja Schwartz -
Chairman Wilcenski: Excuse me; you have to speak into the microphone.
Benta Schwartz: Benajmin Schwartz, I'll be very brief, I just don't understand how the
applicant can represent that the business zone already exists up to that corner of the
property where Mr. Heyliger lives. It's very clear from the zoning maps that the
business zone does not, it appears that the Business Zone -
Abigail Wickham: I will send you the letter, I will send you the paperwork.
Benia Schwartz: Okay, we will talk about it on August 3, 2015.
Chairman Wilcenski: Okay, thank you, anybody else? Seeing none for tonight.
William Cremers: I make a motion to keep the hearing open until August 3, 2015.
Chairman Wilcenski: There is a motion on the floor to keep this hearing open until
August 3, 2015.
Southold Town Planning Board Page 139 July 6, 2015
Martin Sidor: Second.
Chairman Wilcenski: Motion made by Bill, seconded by Martin. Any discussion? All in
favor?
Ayes.
Motion carries.
Thank you all very much, we still have two more public hearings tonight so if you are
leaving, please leave quietly.
Chairman Wilcenski: 6:03 p.m. - Braun Seafood Retail Store - This Site Plan is for
the proposed conversion of an existing 1,128 sq. ft. residential dwelling to retail use on
0.4 acres in the General Business (B) Zoning District. The property is located at 31000
Route 25, ±430' n/e/o Stillwater Avenue & Main Road, Cutchogue. SCTM#1000-103-1-1
Anyone that would like to address the Board,, please step to the microphone, state your
name, sign your name for the record please.
Michael Kimack: I am Michael Kimack, for the applicant.
Chairman Wilcenski: Okay, any comments?
Michael Kimack: No, I think this has been addressed, we got the type two approved
last time, there were some changes made but primarily, I think the plan has changed
slightly but that is primarily because we have been dealing with Suffolk County Health
Department basically in terms of the sewer and septic etcetera. Other than that it's
pretty much, essentially the same plan we submitted the last time. In terms of the
building itself and the parking spaces etcetera and the requirements for septic and
requirements for stormwater management are essentially the same from the plan we
submitted the last time. The whole property is obviously involved with a review through
Suffolk County, in terms of what we're doing we're just really focusing on that 1,111
square foot building.
Chairman Wilcenski: Okay, thank you, anybody else would like to address the Board?
Going once -
William Cremers: I make a motion to close the hearing.
Martin Sidor: Second.
Chairman Wilcenski: Motion made by Bill, seconded by Martin. Any discussion? All in
favor?
Ayes.
Southold Town Planning Board Page 1 40 July 6, 2015
Motion carries.
Thank you.
Chairman Wilcenski: 6:04 p.m. - Krupski Farm Storage Building - This Agricultural
Site Plan is for the construction of a 62'x 30' (1,860 sq. ft.) agricultural storage building
to replace an existing greenhouse on 19.5 acres in the A -C Zoning District. The property
is located at 38030 Route 25, ±745' n/e/o Skunk Lane & NYS Rt. 25, Peconic.
SCTM#1000-85-3-8
If anybody wants to address the Planning Board on this application please step to one
of the microphones, please state your name and write your name for the record.
Albert Krupski Jr: Good evening, Albert Krupski Jr., from Cutchogue, I'm here with my
wife Mary. We have equipment and material sitting outside and we'd like to ask for your
approval to build the storage barn so we can go to the Building Department and get a
permit. You can see from the aerial that there was a greenhouse there, a permitted
greenhouse, we got a demolition permit and took it down recently, and we are ready to
site for the barn.
Chairman Wilcenski: Okay, thank you. Anyone else? Seeing none -
Martin Sidor: I recuse myself from this project.
William Cremers: I make a motion to close the hearing.
Pierce Rafferty: Second.
Chairman Wilcenski: Motion made by Bill, seconded by Pierce. Any discussion? All in
favor?
Ayes.
Motion carries.
We will read the resolution at this time.
Pierce Rafferty:
WHEREAS, this Agricultural Site Plan is for the construction of a 62' x 30' (1,860 sq. ft.)
agricultural storage building to replace an existing greenhouse on 19.5 acres in the A -C
Zoning District, Peconic; and
WHEREAS, on April 30, 2015, Albert Krupski, Jr, owner, submitted an application for
Site Plan review; and
Southold Town Planning Board Page 1 41 July 6, 2015
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 May 18,
2015; and
WHEREAS, the Southold Town Planning Board, pursuant to Southold Town Code
§280-131 B (5), has the discretion to vary or waive the parking requirements for Site
Plan Applications where doing so would not have a detrimental effect on the public
health, safety or general welfare, and will not have the effect of nullifying the intent and
provision of the Site Plan Requirements chapter of the Town Code. The Planning Board
has found that this application is eligible for a waiver of parking requirements because
there is no need to provide for parking - the application is for an agricultural use, the
building is for owner use only and the parcel is large in size relative to the proposed
structure (less than 1 % lot coverage); and
WHEREAS, on May 21, 2015, the Planning Board formally accepted the agricultural
application as complete for review with additional information required; and
WHEREAS, on June 11, 2015, 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 Act (SEQRA) 6 NYCRR, Part 617.5 (c), has determined that the
proposed action is a Type II Action as it falls within the following description for 6
NYCRR, Part 617.5(c)(3) agricultural farm management practices, including
construction, maintenance and repair of farm buildings and structures, and land use
changes consistent with generally accepted principles of farming. The action is for the
construction of a 62'x 30' (1,860 sq. ft.) metal farm storage building accessory to an
existing farm operation including production, general farming and a farm stand; and
WHEREAS, on June 16, 2015, 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 June 16, 2015, the Southold Town Engineer reviewed the above -
referenced application and has determined that the proposed building and site meet the
minimum requirements of Chapter 236 for Storm Water Management; and
WHEREAS, on June 17, 2015, the Southold Town Fire Inspector reviewed and
determined that there was adequate fire protection and emergency access for the site;
and
Southold Town Planning Board Page 142 July 6, 2015
WHEREAS, on June 17, 2015, the Cutchogue Fire District determined there was
adequate fire protection for the site; and
WHEREAS, on June 18, 2015, the Architectural Review Committee reviewed the
application and approved it as submitted; and
WHEREAS, on July 6, 2015, 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 July 6, 2015, the Southold Town Planning Board determined that all
applicable requirements of the Site Plan Regulations, Article XXIV, §280 — Site Plan
Approval of the Town of Southold, have been met; and
WHEREAS, on July 6, 2015, a public hearing was held and closed; therefore, be it
RESOLVED, that the Southold Town Planning Board hereby waives certain Site Plan
Application requirements as noted above.
William Cremers: Second.
Chairman Wilcenski: Motion made by Pierce, seconded by Bill. Any discussion? All in
favor?
Ayes.
Motion carries.
Pierce Rafferty: And be it further
RESOLVED, that the Southold Town Planning Board hereby waives the parking
requirements as noted above.
William Cremers: Second.
Chairman Wilcenski: Motion made by Pierce, seconded by Bill. Any discussion? All in
favor?
Ayes.
Motion carries.
Pierce Rafferty: And be it further
RESOLVED, that the Southold Town Planning Board has determined that this proposed
action is a Type 11 Action and not subject to review under SEQRA.
Southold Town Planning Board Page 143 July 6, 2015
William Cremers: Second.
Chairman Wilcenski: Motion made by Pierce, seconded by Bill. Any discussion? All in
favor?
Ayes.
Motion carries.
Pierce Rafferty: And be it further
RESOLVED, that the Southold Town Planning Board has determined that this proposed
action is consistent with the policies of the Town of Southold Local Waterfront
Revitalization Program.
William Cremers: Second.
Chairman Wilcenski: Motion made by Pierce, seconded by Bill. Any discussion? All in
favor?
Ayes.
Motion carries.
Pierce Rafferty: And be it further
RESOLVED, that the Southold Town Planning Board grants Approval to the Site Plan
as shown on the survey of the property for SCTM#1000-85.-3-8 dated April 28, 2015,
last revised by hand by Albert J. Krupski, Jr. on May 27, 2015, and authorizes the
Chairman to endorse the Site Plan.
William Cremers: Second.
Chairman Wilcenski: Motion made by Pierce, seconded by Bill. Any discussion? All in
favor?
Ayes.
Motion carries.
APPROVAL OF PLANNING BOARD MINUTES
Chairman Wilcenski: We need a motion to approve the Planning Board minutes of:
June 1, 2015.
Southold Town Planning Board Page 144 July 6, 2015
Pierce Rafferty: So moved.
William Cremers: Second.
Chairman Wilcenski: Motion made by Pierce, seconded by Bill. Any discussion? All in
favor?
Ayes.
Motion carries.
We need a motion for adjournment.
William Cremers: Motion made.
Pierce Rafferty: Second.
Chairman Wilcenski: Motion made by Bill, seconded by Pierce. Any discussion? All in
favor?
Ayes.
Motion carries.
Good evening.
There being no further business to come before the Board, the meeting was adjourned.
Respectfully submitted,
Jessica Michaelis
p Transcribing Secretary
Donald J. Wilcenski, Chairman
RECEIVED
AUG m 5, 2015
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