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HomeMy WebLinkAboutPB-08/03/2015 MAILING ADDRESS: PLANNING BOARD MEMBERS toe AQF SOOP,.- P.O. Box 1179 DONALD J.WILCENSKI 1�®� ® Southold,NY 11971 Chair t • OFFICE LOCATION: WILLIAM J.CREMERS spa � Town Hall Annex PIERCE RAFFERTY % 1� 54375 State Route 25 JAMES H.RICH III _®l� .} - ��,, (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR COM,`` �oil Southold,NY 04 Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD RECEIVED .p.ELAI SEP - 1 2015 • 7 /, /moi Southold Town Cler PUBLIC MEETING MINUTES August 3, 2015 6:00 p.m. Present were: Donald J. Wilcenski, Chairman James H. Rich Ill, Vice Chairman William J. Cremers, Member Pierce Rafferty, Member Martin Sidor, Member Heather Lanza, Planning Director Mark Terry, Principal Planner Brian Cummings, Planner Carol Kalin, Secretary SETTING OF THE NEXT PLANNING BOARD MEETING Chairman Wilcenski: Good evening ladies and gentlemen, and welcome to the regularly scheduled August 3, 2015 Southold Town Planning Board meeting. The first order of business is for the Board to set Monday, August 31, 2015 at 6:00 p.m. at the Southold Town Hall, Main Road, Southold, as the time and place for the next regular Planning Board Meeting. William Cremers: So moved. Martin Sidor: Second. Southold Town Planning Board Page 12 August 3, 2015 Chairman Wilcenski: Motion made by Bill,I seconded by Martin. Any discussion? All in favor? Ayes. Motion carries. SUBDIVISIONS Conditional Sketch Plat Determinations: Chairman Wilcenski: Ridgway - This propiosal is to subdivide a 9.6 acre parcel into 3 clustered lots where Lot 1 equals 4.3 acres.inclusive of 3.8 acres of open space and 1.4 acres of unbuildable land, Lot 2 equals 1.6 acres and Lot 3 equals 3.7 acres inclusive of 2.0 acres of Open Space and 0.8 acres unliluildable land. The parcel is located in the R- 80 Zoning District at 1588 Fox Avenue, on the west side of Fox Avenue and adjacent to Hay Harbor, on Fishers Island. SCTM#1000-6-1-3 Pierce Rafferty: Mr. Chairman I'd like to offer the following resolution: WHEREAS, this proposal is to subdivide a 9.6 acre parcel into 3 clustered lots where Lot 1 equals 4.3 acres inclusive of 3.8 acres of Open Space and 1.4 acres of unbuildable land, Lot 2 equals 1.6 acres and Lot 3 equals 3.7 acres inclusive of 2.0 acres of Open Space and 0.8 acres of unbuildable land; and WHEREAS, on December 23, 2013, the agent submitted the Sketch Plan Application; and WHEREAS, on January 17, 2014, Planning'Staff reviewed the submitted Yield Plan and Sketch Plan and requested that changes be made to meet the Town Code; and WHEREAS, on February 14, 2014, the age Tt submitted a revised Yield Plan and a revised Sketch Plan as requested in the January 17, 2014 letter; and WHEREAS, on March 13, 2014, the Planning Board reviewed the application at their Work Session and found the application complete. The Board also requested that the agent submit a Project Review Cover Form to the Office of Parks, Recreation and Historic Preservation (OPRHP) and that the Existing Resource Analysis Plan (ERSAP) be revised to identify areas of slopes that are 20 percent or greater; and WHEREAS, on May 13, 2014, the agent submitted a letter from the OPRHP that states that they have no archaeological concerns regarding the proposed project and that further archaeological investigation is not warranted; and WHEREAS, on June 2, 2014, the applicant wrote an e-mail requesting that the Planning Board consider including the Open Space in each of the three proposed lots; and Southold Town Planning Board Page 13 August 3, 2015 WHEREAS, on June 10, 2014, Staff responded stating that the Planning Board and Staff must make a site visit to the property before discussing site design; and WHEREAS, on August 3, 2014, staff made a site visit to the property; and WHEREAS, on September 3, 2014, the agent submitted a Yield Plan showing four lots; and WHEREAS, on September 8, 2014, the Planning Board, at their Work Session, reviewed the Yield Plan and found that it met the requirements for Yield Plans in Town Code §240-10 B and as such, the yield of the property was determined by the Planning Board to be four lots; and WHEREAS, Town Code Article XI, Cluster Development, grants authority to the Planning Board to create clustered subdivisions; and WHEREAS, the lots in this subdivision were clustered according to the requirements of Article XI, and this resulted in the creation of three residential lots and an area of open space, for which the natural and scenic qualities must be preserved; and WHEREAS, pursuant to §240-43 D, Determination of Location of Open Spaces Created by Cluster Development, open space land should generally remain undivided; and WHEREAS, on September 8, 2014, the Planning Board, at their Work Session, reviewed the applicant's request to divide the required 60% Open Space among all three proposed lots, and denied this request, pursuant to Town Code §240-43 D; and WHEREAS, on May 7, 2015, the agent again requested that the Open Space be allocated in three proposed lots; and WHEREAS, on June 1, 2015, the Planning Board reviewed the application at their Work Session and agreed to allow the Open Space to be divided and allocated to two lots (Lots 1 and 3), for the following reasons: 1. The small size of the property with only 7.5 acres of buildable land, together with steep topography occurring on much of the property, as well as wetlands and shoreline restrictions, and the existence of two homes to plan around all created a challenging situation for subdivision. 2. The yield of the property has been voluntarily reduced by 25%. 3. It is a relatively small subdivision of only three lots. 4. The property has never been, and is not likely to be, used for agriculture due to the location, size and topography. Southold Town Planning Board Page 14 August 3, 2015 5. There is no adjacent Open Space to attempt to create a larger contiguous open area; and WHEREAS, on June 23, 2015, the surveyor submitted revised maps that show the Open Space in proposed Lots 1 and 3; and WHEREAS, on July 20, 2015, the Planning Board, at their Work Session, reviewed the submitted map and found that all requirements have been met pursuant to Article V Sketch Plat; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants Conditional Sketch Plan Approval upon the map prepared by Richard M. Strouse, Land Surveyor, entitled "Sketch Plan for the Ridgway Clustered Subdivision prepared for EPR Fishers Island Trust", dated December 11, 2002 and last revised June 15, 2015, with the following conditions: 1. 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 change 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. To protect the water quality of Long Island Sound and the environmental sensitivity of the area adjacent to the Sound, the Board has agreed to allow the existing two (2) footpaths to the Sound to remain, however, a Covenant and Restriction is required to limit all three lots to one common dock. 4. Submission of a Certificate of Occupancy for all existing buildings on site. 5. 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. 6. The Preliminary Plat must show the following: i. The development area on proposed Lots 1 & 2 must be shown with a dotted line attached to the proposed Open Space. ii. Clarify the location of the 100' non-disturbance non-fertilization buffer located adjacent to Hay Harbor with a more distinct dotted line clearly labeled as such. Southold Town Planning Board Page 15 August 3, 2015 iii. Remove the "Hay Harbor" notation and replace it with "Long Island Sound". iv. The property line shown adjacent to the Sound must be shown as a solid line. James H. Rich Ill: Second. Chairman Wilcenski: Motion made by Pierce, seconded by Jim. Any discussion? All in favor? Ayes. Motion carries. Conditional Preliminary Plat Extensions/ Performance Bond Determinations: Chairman Wilcenski: Cutchogue Business Center- This proposal is a Standard Subdivision of a 6.10 acre parcel into five lots where Lot 1 equals 1.29 acres, Lot 2 equals 0.92 acres, Lot 3 equals 1.47 acres, Lot 4 equals 0.92 acres, and Lot 5 equals 1.06 acres, located in the LI Zoning District at 12820 Oregon Road, on the corner of Cox Lane & Oregon Road, Cutchogue. SCTM#1000-83-3-4.6 Martin Sidor: Let it be known that I recuse myself from this project. James H. Rich III: Mr. Chairman I'd like to offer the following resolution: WHEREAS, this proposal is a Standard Subdivision of a 6.10 acre parcel into five lots where Lot 1 equals 1.29 acres, Lot 2 equals 0.92 acres, Lot 3 equals 1.47 acres, Lot 4 equals 0.92 acres, and Lot 5 equals 1.06 acres, located in the LI Zoning District; and WHEREAS, on April 7, 2015, Conditional Preliminary Plat Approval expired; and WHEREAS, on April 16, 2015, the Office of the Town Engineer submitted a draft Performance Bond Estimate for Cutchogue Business Center in the amount of $189,825.00; and WHEREAS, on May 1, 2015, the agent requested an Extension of Conditional Preliminary Approval due to additional time needed to complete the requested legal documents; and WHEREAS, on June 1, 2015, the Southold Town Planning Board granted a 90 day Extension of Conditional Preliminary Plat Approval until July 7, 2015 upon the map entitled "Preliminary Plat for the Clustered Standard Subdivision", dated February 8, Southold Town Planning Board Page 16 August 3, 2015 2002 and last revised March 17, 2014, prepared by Martin Donald Hand, Licensed Land Surveyor, with ten (10) conditions; and WHEREAS, on June 24, 2015, the applicant submitted a Performance Bond in the amount of$189,825.00; and WHEREAS, on July 1, 2015, a referral was sent to the Office of the Town Attorney for review of the submitted Performance Bond; and WHEREAS, on July 7, 2015, Conditional Final Approval expired; and WHEREAS, on July 10, 2015, the agent requested an Extension of Conditional Preliminary Approval due to additional time needed to complete the requested legal documents; and WHEREAS, on July 17, 2015, the Office of the Town Attorney responded to the referral stating that the Performance Bond meets all requirements of the Town Code; and WHEREAS, on July 29, 2015, the Southold Town Highway Superintendent approved the Draft Performance Bond Estimate, dated April 16, 2015; be it therefore RESOLVED, that the Southold Town Planning Board hereby accepts the Performance Bond secured by Fidelity and Deposit Company of Maryland, Performance Bond Number 09180383, for Cutchogue Business Center (F&S, LLC) in the amount of $189,825.00 and recommends the same to the Southold Town Board. William Cremers: Second. Chairman Wilcenski: Motion made by Jim, seconded by Bill. Any discussion? All in favor? Ayes. Motion carries. James H. Rich Ill: And be it further RESOLVED, that the Southold Town Planning Board hereby grants a 90 day Extension of Conditional Preliminary Plat Approval from July 7, 2015 until October 5, 2015 upon the map entitled "Preliminary Plat for the Clustered Standard Subdivision", dated February 8, 2002 and last revised March 17, 2014, prepared by Martin Donald Hand, Licensed Land Surveyor, with ten (10) conditions. William Cremers: Second. Chairman Wilcenski: Motion made by Jim, seconded by Bill. Any discussion? All in favor? Southold Town Planning Board Page 17 August 3, 2015 Ayes. Motion carries. Determinations: Chairman Wilcenski: Gonzalez - This proposal is for a Standard Subdivision of a 4.29 acre parcel into two lots where Lot 1 = 2.13 acres and Lot 2 = 2.17 acres located in the R-80 Zoning District. The property is located at 2050 Platt Road, approximately 1823' to the south of N.Y.S. Route 25, in Orient. SCTM#1000-27.-1-9 William Cremers: WHEREAS, this proposal is for a Standard Subdivision of a 4.29 acre parcel into two lots where Lot 1 = 2.13 acres and Lot 2 = 2.17 acres located in the R-80 Zoning District; and WHEREAS, on July 14, 2015, a Sketch Plan Application was submitted to the Planning Board for a Standard Subdivision; and WHEREAS, on August 3, 2015, the Planning Board reviewed the application and found that, pursuant to Town Code §240-10 B, the Yield Plan submitted with the application does not conform to all the requirements of the Town Code. The minimum lot width in the Town Code for the R-80 Zoning District is 175', and neither proposed lot meets this requirement; and WHEREAS, the Planning Board has found that, in its judgment, the number of dwelling units that can be permitted on this property is one; be it therefore RESOLVED, that the Southold Town Planning Board hereby denies the subdivision map entitled "Subdivision for Veronica Gonzalez ", dated April 29, 2015, prepared by John T. Metzger, Licensed Land Surveyor. Martin Sidor: Second. - Chairman Wilcenski: Motion made by Bill, seconded by Martin. Any discussion? All in favor? Ayes. Motion carries. SPECIAL EXCEPTIONS Determinations: Southold Town Planning Board Page 18 August 3, 2015 Chairman Wilcenski: Mattituck Fire District Telecommunications Facility - This proposed Special Exception (and 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, applications for a Special Exception & Site Plan Approval for a Wireless Communications Facility were accepted for review on May 18, 2015, including a Site Plan prepared by Gary Musciano, RA, on March 14, 2013; and WHEREAS, the Southold Town Planning Board reviewed the above-referenced request for a Special Exception for a Wireless Communications Site Plan 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, 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 1, 2015, the Southold Town Planning Board, pursuant to Part 617, Article 6 of the Environmental Conservation Law acting under the State Environmental Quality Review Act, initiated the SEQR Lead Agency coordination process for this Unlisted Action; and WHEREAS, the submission by the applicant has been reviewed and corroborated with an independent Radio Frequency Engineer retained by the Town to assist in the review process; and WHEREAS, on June 1, 2015, a public hearing was held and closed; and WHEREAS, on July 6, 2015, the General Requirements in §280-70 were met; and WHEREAS, on July 6, 2015, the Southold Town Planning Board made a determination that the applicant has satisfied the requirements for a Special Exception pursuant to Town Code Section 280-142 and the additional standards for a Special Exception in Town Code Section 280-73B as detailed in the Staff Report dated July 6, 2015; and Southold Town Planning Board Page 19 August 3, 2015 WHEREAS, on July 6, 2015, the Southold Town Planning Board, as Lead Agency pursuant to SEQRA, made a determination of non-significance for the proposed action and granted a Negative Declaration; and WHEREAS, on July 27, 2015, the Southold Town Building Inspector reviewed the plan and certified that the proposed Wireless Communication Facility is a permitted use in the Hamlet Business Zoning District; be it therefore RESOLVED, that the Southold Town Planning Board hereby finds and determines that the standards for Special Exception Approval have been met. 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 after deliberation of the application and consideration of the above factors, the Southold Town Planning Board grants a Special Exception for the Wireless Communications Facility as shown in the Site Plan Application for"Mattituck 1000 Pike Street", prepared by Gary Musciano, RA on March 14, 2013, last revised on May 20, 2015. William Cremers: Second. Chairman Wilcenski: Motion made by Martin, seconded by Bill. Any discussion? All in favor? Ayes. Motion carries. SITE PLANS Determinations: 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 Southold Town Planning Board Page 110 August 3, 2015 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. William Cremers: 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 agent to the applicant, John Coughlin, Esq., submitted applications for Site Plan review and Special Exception review on January 21, 2015; and WHEREAS, on February 9, 2015, the Planning Board found the application incomplete for review with revisions to be made and further information to be submitted; and WHEREAS, on February 10, 2015, pursuant to §280-74A(4) of the Town Code, the Planning Board entered into a Letter of Agreement with CityScape Consultants, Inc. to assist the Board in reviewing and evaluating the proposed wireless application; and WHEREAS, on February 23, 2015, the agent to the applicant, John Coughlin, Esq., submitted a portion of the information requested; and WHEREAS, on March 9, 2015, the Planning Board received a report from CityScape Consultants outlining concerns with the Lease Agreement; and WHEREAS, on April 22, 2015, the agent to the applicant, John Coughlin, Esq., submitted the remainder of the information requested including a revised Lease Agreement; and WHEREAS, on May 5, 2015, Elite Towers submitted a letter to the Planning Board agreeing to the construction of the proposed monopole within six (6) months of receiving Building Permits; and WHEREAS, on May 18, 2015, the Planning Board formally accepted the application as complete for review; and WHEREAS, on May 21, 2015, the Planning Board, pursuant to Southold Town Code §280-131 C., distributed the application to the required agencies for their comments; and Southold Town Planning Board Page I 11 August 3, 2015 WHEREAS, on May 21, 2015, the Southold Town Planning Board, pursuant to §617.6 of the Environmental Conservation Law acting under the State Environmental Quality Review Act, initiated the SEQR Lead Agency coordination process for this Unlisted Action; and WHEREAS, on May 24, 2015, the Southold Town Fire Inspector reviewed and determined that there was adequate fire protection and emergency access for the site; 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 1, 2015, a public hearing was held and closed by the Planning Board for the above-referenced Site Plan; and WHEREAS, on June 17, 2015, the Southold Town Engineer reviewed the above- referenced application and determined the project meets the minimum requirements of Chapter 236 for Storm Water Management; and WHEREAS, on June 18, 2015, the Architectural Review Committee (ARC) reviewed the proposed project and approved the design as submitted; and WHEREAS, on June 30, 2015, the Mattituck Fire District determined there was adequate fire protection and emergency access for the site; and WHEREAS, on July 1, 2015, the Town of Southold LWRP Coordinator reviewed the above-referenced project and recommended that the proposed project be found consistent with Southold Town LWRP Policies; and WHEREAS, on July 6, 2015, the Southold Town Planning Board, as Lead Agency pursuant to SEQRA, made a determination of non-significance for the proposed action and granted a Negative Declaration; and WHEREAS, at a Work Session held on July 6, 2015, the Planning Board reviewed the report issued by CityScape Consultants and determined the requirement of nine (9) conditions; and WHEREAS, at a Work Session held on July 6, 2015, the Planning Board reviewed the recommendation to waive §280-701(2) for the maximum height of 80 feet in this Hamlet Business (commercial) Zone. They found that the overall height of the proposed tower of 120' with potential future co-locations would achieve the result of improved Southold Town Planning Board Page 112 August 3, 2015 emergency communications for the MFD and fewer antenna support structures in the immediate area of this commercial zone; and WHEREAS, at a Work Session held on July 6, 2015, the Planning Board reviewed the request to waive §280-701(3) for the minimum distance of all wireless equipment to adjacent residential property lines. They found that the proposed ground equipment is contained on the roof of the existing fire department and the proposed tower has been certified to be constructed with a smaller fall zone; and WHEREAS, at a Work Session held on July 6, 2015, the Planning Board reviewed the request to waive §280-70N(4) for base equipment and shelter landscaping. They found that the proposed ground is contained on the roof of the existing fire department which accomplishes the goal of concealing the base equipment shelter from other properties and roads; and WHEREAS, at a Work Session held on July 6, 2015, the Planning Board found that all applicable requirements of the Site Plan Regulations Article XXIV, §280 — Site Plan Approval of the Town of Southold have been met; and WHEREAS, on July 22, 2015, revised Site Plans showing the nine (9) conditions were submitted by the agent to the applicant, John Coughlin, Esq., and reviewed by CityScape and the Planning Board and accepted; and WHEREAS, on July 27, 2015, the Southold Town Chief Building Inspector reviewed and certified the proposed Wireless Communications Facility as a permitted use in the Hamlet Business Zoning District; and WHEREAS, at their public meeting on August 3, 2015, the Planning Board granted approval to the Special Exception Application for this site; be it therefore RESOLVED, that the Southold Town Planning Board hereby waives §280-701(2) of the Town Code for the maximum height of 80 feet in this Hamlet Business Zone as described above. 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 113 August 3, 2015 William Cremers: And be it further RESOLVED, that the Southold Town Planning Board waives §280-701(3) for the minimum distance of all wireless equipment to adjacent residential property lines as described above. 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 waives §280-70N(4) for base equipment and shelter landscaping 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 has determined that this proposed action is consistent with the policies of the Town of Southold Local Waterfront Revitalization Program. 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 114 August 3, 2015 William Cremers: And be it further RESOLVED, that the Southold Town Planning Board grants Approval with Nine (9) Conditions to the Site Plan entitled "Mattituck 1000 Pike Street", prepared by Gary Musciano, RA, on March 14, 2013, last revised on May 20, 2015, and authorizes the Chairman to endorse the Site Plan, including the following five plans: 1. Z-1 Title Sheet 2. Z-2 Site Plan 3. Z-3 Compound Plan 4. Z-4 Elevations 5. Z-5 Vicinity Map & Radius Map Conditions: 1. Elite Towers shall begin construction within six (6) months of receipt of all Building Permits and completion including the installation of the Fire District's antennas, feed lines and mounting brackets up to operational condition; 2. Should three (3) months pass following the date of issuance of all Building Permits and there has been no construction, Elite Towers will update the Fire District with an updated schedule and reassure the construction will begin prior to the six (6) month period; 3. Elite Towers shall make best efforts to protect the wireless communications frequencies utilized by the Fire District and will not deny the Fire District the ability to expand to additional frequencies as either mandated by law or by need of the Fire District; 4. Elite Towers has stated that a Wireless Personal Service Provider, more specifically, Verizon Wireless, shall occupy the top (canister) position on the tower. Furthermore, Elite Towers shall inform all parties that the top positions will be whip-type antennas operated by the Mattituck Fire District and installed at the top most position, better defined as the top of the tower's steel structure which is assumed to be one hundred twenty (120) feet above ground level; 5. All feed lines for antennas mounted above the forty-five (45) foot level shall be concealed within the tower proper. Elevations below forty-five (45) feet may be installed on the outside of the tower; 6. Elite Towers shall remove the existing tower and return the area around the former site to standard expectations; 7. All feed line and antenna access ports shall be reasonably sealed to prevent inhabitation by birds and any other wildlife; Southold Town Planning Board Page 115 August 3, 2015 8. Elite Towers shall assure the noise output of the emergency power generator shall comply with the Town's Noise Requirements which are as low as 45dB at certain times and that any testing of the generator shall be between the hours of 9:00 a.m. until 4:00 p.m., Monday through Friday. 9. Elite Towers shall adhere to the Fire District's antenna allocations as represented on Figure 3 in the approved plans, unless the FD proposes a change. Martin Sidor: Second. Chairman Wilcenski: Motion made by Bill, seconded by Martin. Any discussion? All in favor? Ayes. Motion carries. Set Hearings/ SEQRA Type Classifications: Chairman Wilcenski: I am recusing myself from this project and will turn it over to the Vice Chairman. Vice Chairman Rich: ADF Ventures - This Site Plan is for an electrical contractor's yard and proposed construction of a 64' x 36' (2,304 sq. ft.) building for storage and bathroom with four parking stalls on 0.22 acres in the Light Industrial Zoning District. The property is located at 620 Corwin Street, on the s/e corner of Seventh Street & Corwin Street, Greenport. SCTM#1000-48-2-44.2 Pierce Rafferty: Mr. Vice Chairman I'd like to offer the following resolution: WHEREAS, this Site Plan is for an electrical contractor's yard and proposed construction of a 64' x 36' (2,304 sq. ft.) building for storage and bathroom with four parking stalls on 0.22 acres in the Light Industrial Zoning District, Greenport; and WHEREAS, the Southold Town Planning Board, pursuant to State Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617, has determined that the proposed action is an Unlisted Action as it does not meet any of the thresholds of a Type I Action, nor does it meet any of the criteria on the Type II list of actions; be it therefore RESOLVED, that the Southold Town Planning Board has determined that this proposed action is an Unlisted Action under SEQRA as described above. William Cremers: Second. Vice Chairman Rich: Motion made by Pierce, seconded by Bill. Any discussion? Any opposed? All in favor? Southold Town Planning Board Page 116 August 3, 2015 Ayes. Motion carries. Pierce Rafferty: And be it further RESOLVED, that the Southold Town Planning Board sets Monday, August 31, 2015 at 6:01 p.m. for a Public Hearing regarding the Site Plan entitled "ADF Ventures LLC", • prepared by Steven L. Maresca, P.E., dated November 21, 2014 and last revised June 23, 2015. William Cremers: Second. Vice Chairman Rich: Motion made by Pierce, seconded by Will. Any discussion? Any opposed? All in favor? Ayes. Motion carries. I will turn the podium back over to the Chairman. Chairman Wilcenski: Okay, that ends our resolutions part of the meeting and we have four public hearings this evening. Just a couple of footnotes before we get started here, everyone is obviously asked to speak, if you can, you can use both podiums as you come up. Please speak and direct all your comments to the Planning Board, after you finish speaking you can write your name for the record. PUBLIC HEARINGS Chairman Wilcenski: 6:01 p.m. - A & S Southold Oil Corp. - 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 At this time the floor is open to anyone that would like to address the Board. Please step to one of the podiums, state your name and write your name for the record. Charles Cuddy: Good evening, it's Charles Cuddy. I am the attorney for the applicant. As you indicated there is a ZBA Variance that was granted last July, I'm going to hand in a copy of that so it will be in the record. This simply is a canopy to cover the existing pump islands at this service station, which is known as the Cherry Hill gas station. It's appropriate that we have a canopy and it's necessary because it's not only shelter for the customers, it helps the attendants during inclement weather. We have dark sky Southold Town Planning Board Page 117 August 3, 2015 lighting at this site, we have drainage that's on site. Garrett Strang is with me tonight, he's the architect and he can discuss briefly the size and shape of the canopies. Either one of us can answer any questions that you may have. Thank you. Chairman Wilcenski: Okay, thank you. Garrett A. Strang: Good evening, Garrett A. Strang, architect, office is at 1230 Travelers Street Southold. We've been through this as Mr. Cuddy mentioned with Zoning, they addressed the many, many questions and issues they had at the time. The canopy is basically the smallest that we could possibly make that would be effective. It is an unusual configuration because the property is an unusual configuration. To address lighting real quickly, we're using recessed, fully recessed cut off LED dark sky compliant lighting fixtures in the canopy, in place of the pole mounted lighting fixtures that are above the pumps now. The shape of the canopy at this point is intended to have a slight mansard pitch to the exterior and be finished with a shingle look type of material, but this is obviously up for discussion with the Board as we move further on. As Mr. Cuddy mentioned, we did address drainage as required by the requirements of the Site Plan application, the canopy area will be a dry well installed and the canopy will drain into that dry well. Other than that I have nothing else to add at this point. ` Chairman Wilcenski: Thank you, anybody else would like to addressthe Planning Board on A&S Southold Oil Corp. on the canopy? Victor Trunce: Hi, Victor Trunce of 95 Bayview Road. I've come to terms with, of course I wish I didn't live across from a gas station, but it's been there for 60 years, as has my family. My one concern is about lighting. I know there is the dark sky lighting but I have seen on two other sites in Southold Town where the LED lighting, though it's not visible from the street, is at a higher wattage than the existing lighting. So it ends up creating a broader spillover of light. So, I'm not an electrician, I don't know what the wattage is proposed but if it ends up being brighter than what's there, what is the recourse and can they reduce the amount of light? My second issue, I looked at the file and I was surprised to see that in the whole plan, it specifically said the existing lighting mounted on the building, which are these open fluorescent tubes, will remain as is. Now those, though they were pre-existing, their use was not pre-existing and they were historically on during the hours of operation and turned off when the station closed. A few years ago they claimed to have had a break in so their rationale for leaving them on all night is now for security reasons, for the security cameras. It's a big determent to my property to have those lights shining in all night. I assume that they would include a revamping of that lighting, since you'll see half of them are out. So I would just hope, that in the interest of just, kind of trying to do something, you know when you do a development you have the opportunity to make it better. I was just hoping that, that could be addressed. Thank you. Chairman Wilcenski: Thank you, your comments as well as everyone else's will be taken into consideration. Part of the process of the planning application is going Southold Town Planning Board ' Page 118 August 3, 2015 through a dark sky compliant lighting where they have to meet certain levels, so it will be addressed. Victor Trunce: The fixtures are, but it doesn't speak about the net effect. I didn't count the number of lights above the pump, but maybe there are eight, and I've seen some of these canopies that have twenty down cast LED lights. Mr. Roberts is a perfect example, where there's more light on the site now than there was prior. Chairman Wilcenski: Thank you for your comments; they'll all be taken into consideration. Would anybody else like to address the Planning Board on A&S Southold Oil Corp? Garrett Strang: I'd just like to revisit the comments that were made, I think that's certainly a concern, that this gentleman has and it's well-grounded. We're making every effort to make sure that lighting is proper and adequate. There has been a photometric plot submitted to the Board that shows the spillover from the site is minimal and within the Town requirements and the illumination at the pumps within industry standards. With respect to the lighting on the building, the soffit mounted lighting, the fluorescent tubes have been there for quite some time, we'll certainly, the client is willing to work with the Board to put shielding on those if necessary or as we move along with the process. Chairman Wilcenski: Okay, thank you. Anyone else? Anybody would like to address the Planning Board on A&S Southold Oil Corp? Any Board members or staff have any questions? William Cremers: Mr. Chairman, I make a motion to close the hearing. James H. Rich Ill: Second. Chairman Wilcenski: Motion made by Bill, seconded by Jim. Any discussion? All in favor? Ayes. Motion carries. Chairman Wilcenski: 6:02 p.m. - 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 119 August 3, 2015 Now at this time I would like to ask anyone from the audience to please step to one of the podiums, state your name, write your name for the record and address the Board please. Charles Cuddy: Charles Cuddy, for the applicant. This is, as you indicated, a 1.4 acre site that's at the corner of Youngs Avenue and Route 48. The site is a Business B, General Business, to the West of it is Limited Business, I have a copy of the Zoning Map and I'll hand that up to you because I think it's important that everybody takes a look at that. Chairman Wilcenski: Thank you. Charles Cuddy: The General B zoning district is the only district in the Town of Southold that you can locate a gas station in. There is no other district that permits a gas station. The General Business B in the Town or hamlet of Southold is only for 3 particular sites, one of them is the site that we are proposing, one of them is the Ford Motor Vehicle site and the other is Mullen Motors. There is no other General Business B, that's it. The General Business B that's here allows a number of uses besides Gas Stations, allows retail stores of 8,000 square feet, it allows warehousing, it allows building and contractors yards, plumbing and electrical contractors, it allows packaging plants, it allows beverage and distribution businesses, it also allows by special permit laundries, taverns, that is bars, and flea markets. This type of use certainly fits in to this district as a gasoline service station that is only the second one in the hamlet, not only that but all the other hamlets have at least two stations, that is hamlets of any size have two stations. We believe that the intersection with a traffic light is appropriate because it will be helpful in traffic coming and going at that site. We also point out that we do have street pump islands and that's because we suspect that those islands will be used. We would also like to tell you that the hours that we are operating under would be from 5 in the morning until 12 midnight. We believe that the design provides adequate access, that the interior circulation is appropriate, it's a large place that's going to be landscaped, significantly landscaped, nearly 40% of the area. We'll provide screening as required, again provide dark sky lighting and the drainage will be contained on site. Once again Garrett Strang is here with me and he can perhaps add a little bit more to the landscaping and the lighting so if you have any questions, again both of us will be prepared to answer them. Thank you. Chairman Wilcenski: Thank you Mr. Cuddy. Garrett A. Strang: Once again, Garrett A. Strang, architect. It's pretty straight forward I think at this point, the canopy size is once again the minimum absolutely necessary to provide adequate protection over the pumps. It will have, at this point it's proposed to have again a mansard shaped roof with a shingle style, shingle type finish on it, this is all subject to review obviously by the Board. Both canopies will be the same, not in size but in configuration and appearance. We've addressed drainage, illumination again, once again is kept to a minimum with no spillover outside of the property lines, in this case the canopies are far enough away from the property lines in this case we can Southold Town Planning Board Page 120 August 3, 2015 control that and bring it to zero foot candles as we move away from the property. Landscaping, we've submitted a preliminary landscaping plan but certainly we're receptive to enhancing that as the Board reviews this application and comes up with some additional suggestions they may have or desires for additional landscaping or screen planting: Other than that the building is there as it is, they'll be some parts of it that will be removed, so that the original footprint of the building, the building itself will remain and be rehabbed and refaced. Other than that, that's all I have to say. Chairman Wilcenski: Thank you. Anyone else would like to address the Board? Carol Bertsch: My name is Carol Bertsch, and I live on Youngs Avenue. I believe that a gas station and 24 hour convenience store presents a clear and present danger to the unique rural and open space character of our neighborhood. As described in Southold Town Code Section 100-251(a), the proposed site will definitely impact detrimentally on the well-being of the population of this area, in complete violation of Southold Town Code Section 100-251(a). Crime levels are so high in the category of convenience store and gas stations on eastern Long Island the Police Departments consider this to be the highest priority for their departments this year. The amount of tax revenue from the proposed site will never be sufficient to cover the additional major expenditures that will over burden our economy as Southold find its necessary to increase the number of Police and Task Force personnel necessary to protect its citizens in the immediate neighborhood and to beneficially preserve the well-being of the population, per section 100-251(a). Robberies are not the only crime being committed in these locations however, most of the perpetrators are armed and dangerous and murders have been committed, not just the workers in the convenience store but customers who happen upon a robbery in progress. One suspect out East was accused of nine armed robberies and at least one fatal shooting. This type of publicity in our town will discourage new businesses and homeowners from considering Southold as a safe, unique rural environment in which to work and live, eventually lowering our Towns tax base. Code 100-246(b) protects the property values and established character and most appropriate use of land while the proposed gas station and convenience store will result in lower property values and destroy the land and the unique rural and open space character of the neighborhood. Code 100-246(m) states that the proposed use of the site be particularly suitable for this location and 100-251(b) states that the proposed site lessen and prevent congestion in this area. The proposed use will add an undue burden to the traffic congestion, due to the fact that the traffic will be impacted by this type of business at an already busy intersection, I'm a little nervous, a traffic light was installed at this intersection several years ago that reduced the number of accidents and lowered the death rate. I believe this application will increase the number of accidents immeasurably; first there is no access for any vehicle to turn left onto Route 48 from the proposed driveway on the site map. Second a vehicle in the right lane, in the right turn lane from 48 onto Youngs Avenue has no visibility of a car exiting onto Youngs where a driveway is drawn on the plans site. There is now a new traffic pattern, party buses and limos are turning right from Route 48 onto Youngs Avenue and again there is no site line. I purposely looked at this, the past few times when I've come around that corner. Code 100-251(b) safety from fire, is one of the Towns primary concerns and 100-263(c) Southold Town Planning Board Page 121 August 3, 2015 protects the safety, health, welfare and convenience and order of the Town from being adversely effected by the proposed site, however the half mile of Youngs Avenue between Routes 48 & 25 is the most densely populated street in all of Southold Town. There are approximately 17 homes and 92 units in Founders Village, several very busy long established businesses as well as a bank and the Town Hall Annex on this street. Several homes have been designated as historical landmarks. Any accident that happens at the proposed gas station would prove a catastrophe for the neighborhood. There are not enough ambulances in all of Southold Town to evacuate the more than 200 residents, workers and customers in this neighborhood. I cannot imagine the position of the person who makes the decision, whom to evacuate first, the young children or the wheelchair bound elderly residents in the neighborhood. Also immediately adjacent to the proposed site is Peconic Land Trust farmland, currently being cultivated with organic products. The storage tanks for the gas station are proposed to be placed under ground, immediately adjacent to this farm land. Any leakage from these tanks, either underground or while being filled, will increase the risk of pollution to groundwater and surface water, again in violation of Southold Town Code 100-264(p). I believe the special exemption application should be denied for all these, and all the other reasons put forth at the first ZBA meeting and I, please, I appeal to you not to create a dangerous situation where none exists. Thank you. Chairman Wilcenski: Thank you. Anyone else would like to address the Board, please step to one of the podiums. State your name and write your name for the record please, you can write after you finish speaking, thank you. John Abele: My name is John Abele, I am a part time and full time resident of Southold for almost 50 years, I like it here, and I'd like to keep it the way it has been. Carol mentioned, I currently live in Founders Village also, Carol mentioned some of the traffic problems, and I frequently walk up Youngs Avenue up to the light house, so I'm rather familiar with the traffic situation on Route 48 and I just think of a lot of the problems that are going to result if we have a gas station here. I just think it's the wrong location for a gas station, there's not enough room and it's a two lane road, 48 is a two lane road. I assume if a car is going West and wants to cut in to get gasoline it's going to have to cut across the Eastbound traffic, it's going to have to wait until it has a chance to do that and the Westbound traffic is just going to pile up behind it. The Eastbound traffic meanwhile, that turn from Route 48 onto Youngs Avenue, and most of the cars go through that turn at full speed. If there's a car coming out of the gas station at that point there's going to be trouble. I think there are serious traffic problems that have to be considered in this, I also think it's ironic that they want to build a gas station with flashing lights and signs and so forth directly across from this land that the Peconic Land Trust has been gradually putting together for a long time, and has put back into farm, has preserved it as farmland. The present building on this site has not, does not generate much traffic, it's rather a quiet business, there are really no complications with it. I think we're going to have a lot more complications with a gas station there. I also know there are a lot of big old trees on this property and I can't imagine a gas station is going to let them survive. Thank you. Southold Town Planning Board Page 122 August 3, 2015 Chairman Wilcenski: Thank you for your comments. Anyone else, if you can step to this side or microphone, or whichever is closer. State your name and write your name please. Phil Ferrato: Hi my name is Phil Ferrato, I live on Youngs Avenue as well, and I just want to address the visual issue here. People don't come to Southold to get gas, they can get gas in Peconic, they can get gas further down in Greenport and in Orient. They do come to Southold for the scenery, across the street and immediately next door is Peconic Land Trust property, it's being farmed, it's being accurately used. The building that the owners are discussing is not a renovation, if you look at what's there and you look at the plan, it's clearly a demolition of a structure that's old, that's shingled, that has the right windows and it's a contributing factor to the landscape, as are the trees. There are trees on that property that are at least a 100 years old. Now, I'm not a fan of the trailers and I understand they are in violation of the lease and I think they should be removed, because nobody wants to drive past a trailer park. I think this is a beautiful site, with beautiful landscaping and a beautiful building that could be used for another purpose and I don't think that a gas station, especially one that is going to demolish the landscape and the building that exists now, is the right purpose, is the right use. Thanks. Chairman Wilcenski: Thank you for your comments. Anyone else? Melissa Talarico: Good evening, my name is Melissa Talarico and I live on Youngs Avenue. My neighbors and I have put together a petition, we've obtained almost 300. signatures, a number of these petitions have been dropped off to the Planning Board, in opposition to the gas station. Some of the issues that we've stated in the petition, that Carol and others have mentioned here tonight, I'm going to recap again, I'm sorry. I think for those of you who zip past Youngs Avenue on your way into town, I'm sure you are familiar with all the various commercial and business interest we have on our street. We have Agway, we have Burts, we have the taxi stand, we have the train station, we have of course the Town parking lot, we have the Town Annex and the Capital One Bank, and we of course have IGA. The traffic that comes along with all those .commercial interests is just growing leaps and bounds. Every day 18-wheelers barrel down our street, as well as large landscape vehicles, tractors going to the Charnews Farm and community garden, we have Hampton Jitney, we have limousines, we have buses. On weekends we have a lot of recreational traffic, motorcycles, bicycles, joggers, dog walkers, it's a congested neighborhood. On top of it, as Carol mentioned, it's very densely populated, with a number of families and homes and we feel the addition of a gas station will only increase the amount of traffic onto our street and will ruin the quality of life, not only for us but for Southold. As someone who does come in from the City on Friday nights, I can tell you that the gas station that we currently have is very quiet at 8 o'clock at night. It's almost, there are no cars on the street at midnight, so I'm hard pressed to understand why a 24-hour convenience store, even though now I understand the hours are 5 to midnight, is something that is necessary. I'd like to also second Carol's opinions and comments and research on crime. Gas stations are magnets for crime, not only armed robberies but tremendous amount of drug dealing Southold Town Planning Board Page 123 August 3, 2015 goes on in gas stations, as does prostitution, as does other crimes that go unreported that relate to our inbred population. I think to introduce crime into our neighborhood would be a crime, and would terribly affect the quality of our life. I'm not necessarily, I'm a new time person here, I've been here 12 years, and I've seen how our town has changed, and I sort of feel that our block is on the tipping point with traffic and other congestion and I'm just asking all of you to please, really consider how the traffic will affect us, how the crime will affect us, and that we want to preserve at least some level of quality of life here in Southold. Thank you very much. Chairman Wilcenski: Thank you, anyone else? Yes. Cheryl Amara: Hi, my name is Cheryl Amara, I live on Youngs Avenue and I'm a lifetime Southold resident. The one thing I wanted to ask the Planning Board is has anybody really and truly studied the traffic pattern along with this Site Plan, because up until the time that they put the light in we had an average of 10 accidents in June, July and August in the summer. Since the traffic light that's reduced to about an average of 6. The road has no shoulders, the sidewalk ends at Founders Village as you go towards the North Road and there is no place for people to pull over. What this lovely lady over here brought up, when you are coming east and you make your turn onto Youngs Avenue where Tidy Car is now, and where this proposed gas station is going to be, when you're merging onto Youngs Avenue, you're looking left, you're not looking in front of you, and there is a blind spot there. It's very, I really hope you guys think about this, and gals because the traffic nightmare and accidents that are going to happen with the proposal, the Site Plan that you have, its really going to be horrible, it's going to be horrible for the people who live there, and it's going to be horrible for the people that are involved in these accidents. At one point in the last couple of months I had heard a quote from a Planning Board member that there was a need for another gas station here and I think that's a personal opinion and should not be stated by somebody that is supposed to be looking at all of the facts and what you guys do. That bothered me a little bit too, because at the end of the day I don't think anybody, my opinion is nobody is really suffering for another gas station and this is a really, with the spot, it's just a very scary spot. So I just wanted to reiterate that, I know I cut you off, did anyone look at the traffic? Chairman Wilcenski: That is all part of the process that is still ongoing. Cheryl Amara: That is part of the process? Chairman Wilcenski: Yes it is. Cheryl Amara: That is very, I hope everybody looks at that very, very carefully because that's the scariest part of this. Chairman Wilcenski: I promise that definitely is one of the major factors that will be looked into. Southold Town Planning Board Page 124 August 3, 2015 Cheryl Amara: Okay, alright, thank you very much. Chairman Wilcenski: Thank you. Again everybody's comments are on record, they are being recorded, they are on record and everything will be addressed. Anybody else would like to address the Board on Southold Gas Station and Convenience Store? Mary McCarthy Leary: Hi, just a little question about the traffic survey that you're going to make. Chairman Wilcenski: I'm sorry, you have to state your name please. Mary McCarthy Leary: Mary McCarthy Leary, in Southold. Who is going to do the study of the traffic? Are you guys going to go check out the traffic or is there a professional who does it? Chairman Wilcenski: We might be hiring an outside agency to do the traffic right now. Mary McCarthy Leary: That would be a good idea, thank you. Chairman Wilcenski: Thank you. Anybody else would like to address the Board? Yes sir? John Abele: I just want to make one observation. Chairman Wilcenski: I'm sorry you have to state your name so we know who is speaking. John Abele: John Abele from Southold. I want to make one observation that the only other gas station on Route 48 is where it is a four lane highway, it's not a two lane road. Chairman Wilcenski: Thank you, anybody else would like to address the Board? Carol Bertsch: Hi, Carol Bertsch again, I clocked it on my car, the gas station at North Bayview and 25 is 11/2 miles away from the proposed gas station and the BP gas station on Route 48 in Peconic is 2.7 miles. I really think that this proposed piece of property is over-kill for the Town of Southold. Thank you. Chairman Wilcenski: Thank you. Anybody else? Elfin Corwin: This is very quick, Elfin Corwin, Founders Village. I wanted to ask if the Public Hearing would be kept open until the traffic report is completed, and the SEQR determination has been made? Chairman Wilcenski: That's something that the Board, after we get done hearing everybody we will make a determination. Anybody else would like to address the Board? Southold Town Planning Board Page I 25 August 3, 2015 James H. Rich Ill: Mr. Chairman I offer the motion that we hold the hearing open until we get the traffic report. Heather Lanza: Can we adjourn the hearing so we do not have to have to keep holding it open over time. Adjourn it and come back. Chairman Wilcenski: Okay, what we are going to do is, we are basically holding it open, but it's called-an adjournment. So we don't have to, because we are not sure when, if we do the traffic study, which it looks like we are headed that way, that we don't have to keep coming back each public meeting and giving you an update. We will adjourn it until we have the facts that we are looking for and then you will be notified and it will be publicly posted as to when the next hearing will be had on this, Southold Gas Station and Convenience Store. So we have a motion on the floor to adjourn this meeting. James H. Rich Ill: I amend my motion to adjourn. William Cremers: Second. Chairman Wilcenski: Jim has made the motion to adjourn the hearing, seconded by Bill. Any discussion? All in favor? Ayes. Motion carries. Thank you very much for all your comments. We have two more public hearings tonight so please leave quietly. Thank you. Chairman Wilcenski: 6:03 p.m. - Mercier & Mattituck Park District- This proposed Lot Line Change will transfer 0.08 acres from SCTM#1000-140-1-19.1 to SCTM#1000- 140-1-21. Lot 21 will increase from 0.16 acres to 0.24 acres and Lot 19.1 will decrease from 1.23 acres to 1.15 acres located in the R-40 Zoning District. The property is located at 1045 & 1215 Love Lane, on the corner of Love Lane and County Road 48, Mattituck. At this time anybody that would like to address the Planning Board on the Mercier and Mattituck Park District application, please step to one of the podiums, state and write . your name for the record. Eileen Powers: My name is Eileen Powers, I'm the attorney for the applicants, Barbara Mercier and Dr. Thomas Mercier. The application concerns the transfer of a 33 by 115 strip of property which is located behind Dr. Mercier's medical office. The transfer is between the Mattituck Park District and Dr. Mercier and Mrs. Mercier. It's really a Southold Town Planning Board Page 126 August 3, 2015 simple application to modify the lot line between the two properties and formalizes a lot line which has, in essence, existed for at least 30 years. Thank you. Chairman Wilcenski: Thank you. Anyone else for Mercier and Mattituck Park District? David Prokop: Good evening, David Prokop, I represent the Mattituck Park District. I just want to additionally add for the record that the Park District has held a public hearing on this matter, we've had a referendum, which was overwhelmingly approved, with respect to the transfer of the parcel to Dr. and Mrs. Mercier. We are almost at the conclusion of having legislative approval with New York State. Both the senate and the assembly have passed bills, which are waiting for the Governor's signature, with respect of the approval of this transaction. So we obviously join the application of Eileen with respect to this lot line change. Thank you Chairman Wilcenski: Thank you, anyone else would like to address the Board on Mercier and Mattituck Park District? Dr. Thomas Mercier: My name is Thomas Mercier and I would just like to say that my wife and I purchased the property in 1983 and the Park District had told us that we could use that piece of property for our parking lot. Approximately 20 years ago we approached the Park District to ask if we could buy it, and they were willing, but for different reasons it just never happened. The reason that we would like to purchase it, is just to secure, for the security of knowing we own that piece of property which we would need in order to operate our medical practice. Thank you very much. Chairman Wilcenski: Thank you very much. Anyone else have any comments, or would like to address the Board, for Mercier and Mattituck Park District. Anybody else? Seeing, hearing 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. Thank you very much. HEARINGS HELD OVER • Chairman Wilcenski: Our last hearing of the evening is a hearing that's been held over. It was held over for a couple of reasons. One major reason was everybody did Southold Town Planning Board Page 127 August 3, 2015 not get notified in time, in a timely fashion. So we'll reopen this hearing and take your testimony, the one thing I would just like to add is that, everybody has got all the time in the world to speak and address the Board, but just listen to what everybody else is saying, don't be repetitive and redundant. Again, I can't stop you from speaking, with that said, let me read the proposal. Chairman Wilcenski: 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 At this time anyone please step to one of the podiums to address the Planning Board on the Harold R. Reeve & Sons application. Abigail Wickham: Good evening, my name is Abigail Wickham, representing the applicants. Mr. Reeve and Mr. Reeve are here tonight. I would like to just clarify for the audience really, that based on our discussions at the Work Session, that we are awaiting comments from the Town on the SEQR process and will be submitting, based on that review, an amended environmental assessment form. We expect that, that will be completed, I hope, very shortly. And beyond that we would like to move forward with this application, it is a conforming subdivision in a commercial area, and it does incorporate a zoning change that involves both an up and a down zoning, but a limitation, a severe limitation of the allowable uses. I think rather than say anything more, I would like to wait until there are additional comments at the conclusion, in case I can help address any of them or if you have any questions. Thank you. Chairman Wilcenski: Thank you. Anybody, yes, yes sir. Bob Deluca: Good evening Mr. Chairman and members of the Board, my name is Bob Deluca, I serve as president of Group for the East End, we're located at 54895 Main Road Southold. I'll be very brief, and appreciate comments of the applicant's council. We had raised the issue last time about how the SEQR process is going to be managed here and it continues to be our concern that this project, which has two elements that are sort of functionally interdependent, be pulled together, under one hood if you will, for the purpose of review. SEQR obviously frowns upon segmentation and from the public standpoint it's very difficult to try to review and chase these applications when the Town Board is looking at one piece of it and the Planning Board is looking at another piece of it, and the potential impacts are collective to the overall project. So what I would ask is that while we also await the Town's comments, in terms of how this is going be Southold Town Planning Board Page 128 August 3, 2015 reviewed under SEQR, at least you could leave the hearing open so the public might be able to comment on that when you get an answer back from the Town Board. And I would just say that I think there's enough going on here with this project, for the respect to a standard subdivision adjacent to an impaired waterbody, a commercial, a change in commercial zoning with a variety of different potential uses under special exception and as of right, and all of that collectively raises a lot of questions for consideration with respect to alternatives. It's difficult to know what alternatives we might ask the Board to consider if we don't really know where the Town Board is with respect to the underlying zoning, or the zoning that might change. In many other towns, as you may know, when an application like this comes in, the Town Board assumes lead agency status because the underlying foundation of all land use is the zoning, and you all on the Planning Board obviously take it from there and do your site plan and subdivision review. I'm not suggesting that there's one Board here that may be absolutely the Board to handle it but I can tell you that it's difficult for the public to know how to comment to you effectively if we don't really know what the potential use is on that piece of the project, which has come in as a change with respect to business. So with that lack of clarity we can't be more effective in providing comment to you and I think that we certainly could address the Town Board as well but I would hope again that SEQR is pretty clear in its direction for agencies to act cooperatively and collectively in projects like this and to the extent that that happens in the SEQR review process, it can actually consolidate things for the applicant because everybody is looking at the same information at the same time and that makes it most effective for everyone. So I thank you for your time and attention and if you didn't leave this open for an additional hearing, I would ask that you would at least leave it open for written comments which we'd like to submit within the next couple of days if possible, thank you. Chairman Wilcenski: Thank you, would anyone else like to address the Board on the Reeve application? Anyone? Okay go ahead Gail. Abigail Wickham: Thank you, what I'd like to say is that I do believe this is a modest application under both the subdivision code and the SEQR code. Yes the property does front on Mattituck Creek. It is going to be subdivided into 3 conforming lots, which will be approved by the Town Planning Department eventually prior to building and also during the subdivision process, by the Suffolk County Health Department. To the extent that all 3 lots are in the jurisdiction of the DEC, no building will occur without a DEC permit and to the extent any jurisdiction during building occurs it will be within the jurisdiction of the Southold Town Trustees._ The SEQR actions that we are reviewing now are the rezoning and the subdivision, we are not reviewing the ultimate construction, but having said that I'd like to point out, again, that the commercial uses that are available to this property after the proposed rezoning, if granted, are significantly fewer in number and significantly lesser in intensity than those that could be employed under current zoning. In fact there is the potential for two business uses on this property now, first the existing business, where Mr. Reeve's construction contracting company is located, and secondly along the rest of the frontage with precedent in the Town for going to the Zoning Board of Appeals for parking usage for business areas beyond it. So, we think after many, many months and years of talking to Southold Town Planning Board Page 129 August 3, 2015 the Town about what the best use of this property is, this is a good plan. I'd like to mention that while these lots are all conforming to the size and other aspects of the Town code, the lots in the neighborhood are significantly smaller and I do have a map that I'd like to submit. It's a very rough map, but it shows the subject property here and the size of the 3 residential lots, and with a red X, the immediately surrounding lots, all of which are significantly smaller than the 1 acre lots we are talking about, many of which are on the water, on the Mattituck Creek, 1,2,3,4,5,6,7, seven of them. So I have another copy for anyone here, I will hand this up when I am done. I'd also like to say that the zoning aspects are significant, this is a parcel that is located in the heart of commercial area on a busy highway and it is surrounded by other intensive uses. The, in fact someone said to me today in any other town this would've been a business property exclusively. But it's not, we have residential, we're using residential along the water front even though it is directly opposite a huge M-2 zone that has intensive uses. Four of the neighboring lots that are near here, three on Maiden Lane and one on Wickham Avenue are zoned Residential Office, they are not zoned Residential. There is, behind them a large M-2 zoning which is also, has potential for significant commercial impact, and all across the street is Residential Office zoning, Light Industrial zoning and then Hamlet Business. So we think over 5 acres, this is a very restrictive and reasonable and rational use of the property and it is not something that should trigger any kind of significance under SEQR, so if I may, I'm going to hand these in for the record and as I said I have copies too. So I realize it's very upsetting to people when they see the prospect of business zoning coming in their neighborhood but it is already there, at the Site Plan stage there are going to be many, many protections for buffering, for traffic review, traffic flow and we are certainly going to be discussing that as we go along through the process. So if there are any specific questions, I'm glad to answer them, other than that I have nothing further. Chairman Wilcenski: Yes, you can step to the microphone and address the Board please. Julie Amper: Julie Amper from Mattituck. I just want to know how much of the parcel- Chairman Wilcenski: You have to address the Board please. Julie Amper: How much of the parcel that you are requesting the zone change for is currently residential and how much is business at the moment? What are the percentages? Chairman Wilcenski: Go ahead Gail. Abigail Wickham: I believe it's a little bit less than 50% of the residential area because- Heather Lanza: I have the exact number if you'd like, it's an estimate but about 1/2 an acre is B Zoned now and 4.6 acres is R-40, in terms of the whole parcel. Abigail Wickham: Okay, I think- Southold Town Planning Board Page 130 August 3, 2015 Heather Lanza: And then the parcel number 4 in the proposed subdivision- Abigail Wickham: I think the question was how much is being converted from Residential to Limited Business. Julie Amper: On parcel number 4- Chairman Wilcenski: Hold on, we have to, state your name when you speak because this is being recorded, each time you speak. Julie Amper: Julie Amper again, of the parcel number 4 how much is currently zoned Business and is currently Residential? Heather Lanza: This is Heather speaking, half an acre is B zone now, and lot 4 is, and Gail will tell us how big it is, because I don't have the map in front of me, I have the description. Abigail Wickham: Lot 4 is 80,400 square feet. Heather Lanza: So about 55,000 square feet will be converted from R-40 to LB, that's the proposal. The whole 80,000 is proposed. Abigail Wickham: Yes but I'd also like to point out that not only is the entire frontage currently Business zone from Dinizio's line all the way west to Maiden Lane, but the portion of the improved property is also non-conforming business, so that is currently allowed to be used as business. So I'm not, there are two answers to that question, one is how much business, how much residential land is being converted, which is about 55,000 or 60,000 square feet because you have to take out the cul-de-sac. And then there is the portion that is currently used for business, exclusive of the zoned portion, and that is about 18,000 square feet. I can get you the exact figures, perhaps that would be smart. Thank you very much. Chairman Wilcenski: Okay, yes. Thank you. Anybody else would like to address the Board? Yes. Bill Toedter: Yes, Bill Toedter, currently president of the North Fork Environmental Council and I won't repeat what Bob so eloquently said but I think he really hit the nail on the head and spoke very well to issues and concerns of everyone out here in terms of process. I will say that while the half acre you see on the front is currently zoned Business does have a greater intensity I think that the three neighbors, especially those three along Maiden's Lane, where when you pull this back to what the plan called for about 1.8 acres, you now have three residents that will now be touched by expanded business use and I don't think that they look at that necessarily as a smaller use of the property. Yes it's less intensive but if those properties weren't touched by the expansion and the rezoning, they might agree with that. So there are a number of Southold Town Planning Board Page 131 August 3, 2015 issues here directly centered around zoning of those parcels and what is going to be there and again to bring the processes together as Bob said, I think is a wise choice. Thank you. Chairman Wilcenski: Thank you for your comments. Anyone else? Marie Drake: My name is Marie Drake, 65 Freeman Road in Mattituck, I was born in Mattituck. I was born and raised in Mattituck, and the many years that I've lived there I've watched one business after another come into the town, it started with North Fork Bank Corporation, CVS, a 7-11, it's a very small town with very few miles to it. Its moving into the neighborhoods now with business and from what I'm seeing is everything that they don't want in Southold and the surrounding towns; they're pushing it to Mattituck. Now we are a very short distance from where this is all coming into the inlet and we're right at end of it there. When they were having problems across the street with the marina we had flooding throughout the neighborhood, now they want to build more buildings and sewage, a factory of some sort over there, we still don't know exactly what's coming in, but I'm seeing a lot going on in Mattituck. It's to the point where you can't even walk down the street because they're bringing so much tourists into the area, and just the other day I went to walk to the post office and I had to walk in the street because of the crowds on the sidewalk. That is a very small town and I'm sure everybody agrees with me, enough is enough as far as businesses starting up in the town of Mattituck. Its pushing the people right out of town to make it into just a tourist trap and I don't know what kind of building they are going to be putting over there, we don't know yet, but I'm sure it's not going to be anything we are going to appreciate. Like I said I am right at the end, I'm right across the street, and I'm really not looking forward to any changes over there myself and I'm sure that all of the other neighbors are, have the same feelings. I thank you very much. Chairman Wilcenski: Thank you for your comments. Anyone else? Richard Drake: I'm Richard Drake, I live on Wickham and Freeman. I am still worried about the creek, whether they are going to put bulkheads up to keep that land from disappearing like my land is, or what they are going to do with it, because if they do that then my land is gone. It's just going to erode everything that's there and across the street going into the creek, unless you close it off and fill it in like it was supposed to be done 20-30 years ago. I own, the property I have half of it's in that creek, I can't even use it, I pay taxes on it every year and I don't, I can't use the property because its swamp land. Now what are they going to do across the street, they're just going to bulkhead it up and then the rest of the neighborhood down the line is just going to go, well we are going to have to fill in the basements because they have nice houses over there. That's what my concern is, about that creek, because it's just a mud hole right now and it should've been cleaned out 20 years ago, it's just a big mud hole, it stinks, you got the, granted the marina cleaned up its act since I've been here. When we first moved here our water was pristine, all the shellfish and everything was great back in there, now it's all dead, the whole creek is dead, all the mussels, there is nothing in there, the mussels, clams, everything is dead in there. The creek is so polluted, what Southold Town Planning Board Page 132 August 3, 2015 are you going to do dump the sewage from those houses into there too, I mean there's enough sewage going in there. That's my comment, thank you. Chairman Wilcenski: Thank you for your words. Anyone else? Anybody else would like to address the Board? Benjamin Schwartz: I have a question, Benjamin Schwartz, I'm from Cutchogue. The thing about this application, too much, I've come up with the conclusion that what the applicant wants here is to have their cake and eat it too. It's a popular expression it means you can't have a cake and eat the cake, when you eat it its gone, and this applicant is trying to re-zone the property and change the zoning and still preserve a non-conforming business use on the property. You know, make up your mind, either you're going to sell it and change it and do something different or keep the use that you have. The use that is there is pretty clearly a non-conforming use. Before we get into that, the reason that we're here tonight is that the original hearing date was improperly noticed. Chairman Wilcenski: I mentioned that at the beginning of the hearing, I think before you got here. Benjamin Schwartz: In connection with that, in reviewing the files today I saw something in the original re-zoning application that it looked like it identified 18 adjacent property owners to receive a notice, when the original application was filed it was a joint re-zoning and subdivision application, but now as the subdivision application has proceeded ahead of the re-zoning it seems the notice was only sent to 6 property owners, the 6 owners whose property is contiguous and abuts the subject property, rather than all the properties that are within 200 feet. So I guess somebody might want to look into that, whether even tonight's notice hearing is properly noticed. Carol Kalin: There were 20. Chairman Wilcenski: Okay, Carol. Carol Kalin: There were 20 sent out. Benjamin Schwartz: For this one? Because I only saw- Carol Kalin: Yes and the last one too. - Benjamin Schwartz: There were only 6. Chairman Wilcenski: Okay we can argue over the number- Benjamin Schwartz: We can argue but the proof of service, the certified mail receipts that I saw was 6. Southold Town Planning Board Page 133 August 3, 2015 Chairman Wilcenski: We can prove that when you come back to the Planning office tomorrow, we can count. Benjamin Schwartz: That's fine, I just thought I'd bring up that point. I really feel like this whole process is recently been going in the wrong direction, maybe when it started out with the environmental assessment form. It's essentially before the Planning Board and also the Town Board, and the environmental assessment interestingly only refers to the rezoning and doesn't reference the subdivision, but that same full environmental assessment form, it's called a full environmental form, doesn't mean it's a full environmental assessment, it's just a full initial take on the environment by the applicant- Chairman Wilcenski: That has already been addressed, that has been addressed already. Benjamin Schwartz: Well it's my opinion that, from the perspective of the property owner and the applicant, the subdivision application, naturally they would want to subdivide the property and worry about the zoning later, but from the perspective of Southold Town and as representatives of Southold Town, members of the Planning Board, I think the zoning application is the lead application here, and it was. Apparently the lead application from the review of, both the subdivision file and the rezoning file, the change of zone analysis that was done by the Planning Board in June 11, 2014 identified the area in question on the property that is zoned business as 25,500 square feet. Now the minimum lot size in a business zone is 30,000 square feet, so the business zoning on that lot is 5,000, maybe it was a mistake when the property was zoned by the Town Board however many years ago but that is the way it is now. Chairman Wilcenski: It's a pre-existing condition. Benjamin Schwartz: It's a pre-existing and any business on that, whether the buildings were in the area that's zoned business or not would still be a non-conforming business. Chairman Wilcenski: Pre-existing, non-conforming, that is correct. Benjamin Schwartz: Pre-existing, non-conforming but those words, the language non- conforming is, I couldn't find it in either of the files, the subdivision or the rezoning. The only thing I found was the not that the business zone area was 25,500 square feet, now the minimum lot, okay the proposed limited business zone area of 80,000 square feet would've had 55,000 or approximately you know more than double what is currently in commercial zoning, triple the area, the commercial zoned area. So to see that as an up zoning is kind of hard, the original, in 2014, the change of zone analysis that was done by the Planning Board for I guess the Town Board, recommended that the Limited Business zone be further limited by restricting the uses permissible to eliminate restaurant, hotel and winery. Approximately a year later in June of 2015, a recent memory, the subdivision application, review of the application, the subdivision application for completeness, preliminary plat approval included the statement that the Southold Town Planning Board Page 134 August 3, 2015 Planning Board agreed to support the change of zone conditioned on removing only the two uses of hotel and winery, thus leaving in the restaurant use. Now I appreciate that the Town is trying to do a, the right thing, and is doing a wonderful job and a very difficult application, a very complex application, but I couldn't find anywhere, first of all I couldn't find anything other than this indication that the application agreed to support the change of zone. There was no document anywhere, no opinion from the Planning Board, and I think that would come way later in the process seeing that the zone change application hasn't even been fully filed yet, it was filed and rejected and the applicant chose not to continue to pursue that application. So, you know, one of the, the first things according to the SEQR law, one of the first things that is the charge of the Planning Board or the Town Board, whoever receives an application, before they accept it as complete, is to start the SEQR process and in speaking with one of the senior planners today, going over the full environmental assessment form here it appears that there are some very serious deficiencies in that document that would short circuit the process before it even begins. So I think we should go, I would suggest maybe you need to go back and- Chairman Wilcenski: We'll revisit that- Bnejamin Schwartz: Fill in some of the blanks and some of the, I don't know if you want, I can try to put them in writing, but I mean are you going to go forward with this environmental assessment form? Chairman Wilcenski: Yes. Heather Lanza: It's being corrected. Benjamin Schwartz: Because the environmental assessment form does not- Heather Lanza: It's being corrected. Benjamin Schwartz: It's blank. Heather Lanza: It's in the middle of being corrected. Chairman Wilcenski: I'm sorry, its- Benjamin Schwartz: It's going to be corrected? Chairman Wilcenski: Its already, that was discussed after the last public hearing we had last month and council was made aware of the changes and she has made the changes. Benjamin Schwartz: Okay well we'll be keeping an eye out. Chairman Wilcenski: Okay. Southold Town Planning Board Page 135 August 3, 2015 Benjamin Schwartz: To see if the changes are suitable because at this point it seems that the environmental assessment barely recognizes the fact that there is a waterbody nearby, not only is there a waterbody nearby but this property is located at the penultimate location at the head of Mattituck Inlet. So that means that the flow of the salt water and that the tidal flow is not very strong, basically the salt water pretty much sits there. I won't go, waste any of your time but I just think that for the record it should be noted, that contrary to the understanding of the environment that was in effect at the time the zoning, which we're considering changing, even back them they basically saw the creeks as drainage basins, and now we know they're not, they're tidal creeks. Chairman Wilcenski: Okay we're here to address the Reeve application- Benjamin Schwartz: Yes, and in light of the fact that that creek is a tidal creek, rather than a drainage creek. Which there are in the world in many places, drainage creeks, the rain falls and the head of the creek contains fresh water, that is not the case here this is a tidal creek and to squeeze those three lots in the way that they're being squeezed into this property, there's barely enough property in the tail end of one lot that goes out towards Wickham's Avenue is being counted, even though its essentially like a flag lot and not that much of a property, but that's alright, but why can't we just have two lots on the creek? I think that would be more protective and more appropriate. Limit the business lot to say the minimum lot size for the Limited Business 30,000 square feet and include the rest of the 5.1 acres on those two lots on the creek. That would be my request for you. Chairman Wilcenski: We'll take your comments into consideration, thank you very much. Benjamin Schwartz: Thank you. Chairman Wilcenski: Would anybody else like to address the Planning Board on the Harold R. Reeve & Son Inc. application? Mark Terry: Gail, I have a question for you, as Benja referenced a limitation of uses in the Limited Business zone, what has your client offered as a limitation of uses, or exclusion of certain uses in the Limited Business zone? Abigail Wickham: The hotel use. Mark Terry: The hotel use, okay. Chairman Wilcenski: Okay- Abigail Wickham: There are others in that zone that are impractical, but that's the one that would be specifically, they have offered to exclude that. Southold Town Planning Board Page 136 August 3, 2015 Chairman Wilcenski: Okay if no one else has anything else to add, last time, anybody? We've just discussed it with the Board and we will close the public hearing but we will leave the record open for the next two weeks for written comments, as someone had requested. So again, the public hearing is closed once we make a motion. I am looking for a motion to close the public hearing and leave the record open for the next two weeks for written comment. William Cremers: So moved. Martin Sidor: Second. Chairman Wilcenski: Motion made by Bill, seconded by Martin. Any discussion? All in favor? Ayes. Motion carries. Thank you very much. APPROVAL OF PLANNING BOARD MINUTES Chairman Wilcenski: The last item we have is for the Board to approve the minutes of: July 6, 2015. William Cremers: So moved. Martin Sidor: Second. Chairman Wilcenski: Motion made by Bill, seconded by Martin. Any discussion? All in favor? Ayes. Motion carries. Chairman Wilcenski: We need a motion made for adjournment. William Cremers: So moved. Martin Sidor: Second. Chairman Wilcenski: Motion made by Bill, seconded by Martin. Any discussion? All in favor? Ayes. Southold Town Planning Board Page 137 August 3, 2015 Motion carries. Good evening. There being no further business to come before the Board, the meeting was adjourned. Respectfully submitted, Jessica Michaelis Transcribing Secretary 3 . c.01.40afj, . Donald J. Wilcenski, Chairman