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Home My WebLink AboutPB-11/02/2015 OFFICE LOCATION: i,��' MAILING ADDRESS: Town Hall Annex ,i'��Qf S0(j4y- P 0 Box 1179 54375 State Route 25 ®� ®l® Southold,NY 11971 (cor Main Rd &Youngs Ave) Southold, NY 4g 4g , Telephone: 631 765-1938 co• • C www.southoldtownny.gov 0. lyto `I: :.1 PLANNING BOARD OFFICE TOWN OF SOUTHOLD PUBLIC MEETING MINUTES November 2, 2015 4:30 p.m. Present were Donald J Wilcenski, Chairman James H Rich III, Vice Chairman William J Cremers, Member Pierce Rafferty, Member Martin Sidor, Member Brian Cummings, Planner Alyxandra Sabatino, Planner Jessica Michaelis, Clerk Typist SETTING OF THE NEXT PLANNING BOARD MEETING Chairman Wilcenski: Good afternoon ladies and gentlemen, and welcome to the regularly scheduled November 2, 2015 Southold Town Planning Board meeting The first order of business is for the Board to set Monday, December 7, 2015 at 4:30 p.m. at the Southold Town Hall, Main Road, Southold, as the time and place for the next regular Planning Board Meeting William Cremers: So move¢, .. Martin Sidor: Second Southold Town Planning Board Page 12 November 2, 2015 Chairman Wilcenski: Motion made by Bill, seconded by Martin Any discussion'? All in favor'? Ayes Motion carries SUBDIVISIONS Conditional Preliminary Plat Extensions: 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 The property is located at 12820 Oregon Road, on the corner of Cox Lane & Oregon Road, Cutchogue SCTM#1000-83-3-4 6 Martin Sidor: Let the record show that I am recusing myself from this application Pierce Rafferty: 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 July 7, 2014, the Southold Town Planning Board granted Conditional Preliminary Plat Approval 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, and WHEREAS, on October 5, 2015, Conditional Preliminary Plat Approval expired, and WHEREAS, on October 5, 2015, the agent submitted a letter requesting a 90 day extension of Conditional Preliminary Plat Approval as the application is currently with the Health Department, be it therefore RESOLVED, that the Southold Town Planning Board hereby grants a 90 day Extension of Conditional Preliminary Plat Approval from October 5, 2015 until January 3, 2016 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 James H. Rich Ill: Second Chairman Wilcenski: Motion made by Pierce, seconded by Jim Any discussion'? All in _____ favors — -- -- - -- — - --- Southold Town Planning Board Page 13 November 2, 2015 Ayes Motion carries Let the record show that Martin recused himself from Cutchogue Business Center SITE PLANS Approval Extensions: Chairman Wilcenski: Strong's Marine Pavilion - This amended application is for the proposed construction of a 32' x 24' (640 sq ft ) pool cabana with two (2) pergolas at 14' x 20', storage and attached changing rooms with no plumbing on 8 8 acres in the Marine II Zoning District The property is located at 2255 Wickham Avenue, 670' n/w/o CR 48 and Wickham Avenue, Mattituck SCTM#1000-114-3-1 James H. Rich Ill: Mr Chairman, I'd like to offer the following WHEREAS, this amended application is for the proposed construction of a 32' x 24' (640 sq ft ) pool cabana with two (2) pergolas at 14' x 20', storage and attached changing rooms with no plumbing on 8 8 acres in the Marine II Zoning District, Mattituck, and WHEREAS, on April 12, 2010, the Planning Board granted Approval to the Amended Site Plan entitled "Amended Site Plan for Strong's Marine Pavilion", prepared by Daniel A Butler, R A , last dated March 24, 2014, and WHEREAS, on October 22, 2015, Jeff Strong, owner, submitted a letter requesting an Extension of Site Plan Approval for six (6) months on the Site Plan that is set to expire December 2, 2015, and WHEREAS, at a Work Session held on November 2, 2015,,the Planning Board reviewed the application and determined that 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 for one (1) year from December 2, 2015 to December 2, 2016 on the amended Site Plan entitled "Amended Site Plan for Strong's Marine Pavilion" prepared by Daniel A Butler, R A , last dated March 24, 2014 William Cremers• Second Chairman Wilcenski: Motion made by Jim, seconded by Bill Any discussion'? All in favor'? Southold Town Planning Board Page 14 November 2, 2015 Ayes Motion carries Set Hearings: Chairman Wilcenski: Boyle Agricultural Barn II -This Amended Site Plan Application is for a 60' x 130' (7,800 sq ft ) metal agricultural barn where there exists a 60' x 120' (7,200 sq ft ) metal barn and a 25' x 95' (2,375 sq ft ) metal barn on 22 3 acres in the R-80 Zoning District The property is located at 24435 Route 25, ±125' n/e/o Platt Road and NYS Route 25, Orient SCTM#1000-18-2-34 Martin Sidor: WHEREAS, this Amended Site Plan Application is for a 60' x 130' (7,800 sq ft ) metal agricultural barn where there exists a 60' x 120' (7,200 sq ft ) metal barn and a 25' x 95' (2,375 sq ft ) metal barn on 22 3 acres in the R-80 Zoning District, and WHEREAS, the Southold Town Planning Board, pursuant to State Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617 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 60' x 130' (7,800 sq ft ) metal agricultural barn, be it therefore RESOLVED, that the Southold Town Planning Board has determined that this proposed action is a Type II Action and not subject to review under SEQRA James H. Rich Ill: Second Chairman Wilcenski: Motion made by Martin, seconded by Jim Any discussion? All in favor? Ayes Motion carries Martin Sidor: And be it further RESOLVED, that the Southold Town Planning Board sets Monday, December 7, 2015 at 4:31 p.m. for a Public Hearing regarding the Site Plan on the survey for property at Orient, NY SCTM#1000-18-2-33 & 34, prepared by John T Metzger L S , dated December 11, 2013 and last revised August 30, 2015 James H. Rich HI: Second Southold Town Planning Board Page 15 November 2, 2015 Chairman Wilcenski: Motion made by Martin, seconded by Jim Any discussion'? All in favor'? Ayes Motion carries Chairman Wilcenski: McCall Wine Production Facility - This application is for the proposed construction of a multi-level 17,100 sq ft wine production and storage facility, including agricultural equipment storage, on a 1 8 acre reserve area (SCTM#1000-109- 1-38) attached to ±35 8 acre of farmland (SCTM#1000-116-1-3 4) with Development Rights held by Suffolk County in the AC Zoning District This facility will not be open to the public The property is located at 22600 NYS Route 25, ±1,800' s/w/o Alvahs Lane & NYS Route 25, Cutchogue SCTM#1000-109-1-38 William Cremers: WHEREAS, this application is for the proposed construction of a multi-level 17,100 sq ft wine production and storage facility, including agricultural equipment storage, on a 1 8 acre reserve area (SCTM#1000-109-1-38) attached to ±35 8 acres of farmland (SCTM#1000-116-1-3 4) with Development Rights held by Suffolk County in the AC Zoning District This facility will not be open to the public, 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 multi-level 17,100 sq ft wine production and storage facility, including agricultural equipment storage, be it therefore RESOLVED, that the Southold Town Planning Board has determined that this proposed action is a Type II Action and not subject to review under SEQRA 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 Southold Town Planning Board Page 16 November 2, 2015 RESOLVED, that the Southold Town Planning Board sets Monday, December 7, 2015 at 4:32 p.m. for a Public Hearing regarding the Site Plan entitled "McCall Winery", prepared by Alexander Badalamenti, dated September 18, 2015 Martin Sidor: Second Chairman Wilcenski: Motion made by Bill, seconded by Martin Any discussion? All in favor'? Ayes Motion carries SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Determinations. Chairman Wilcenski: 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 Pierce Rafferty: Mr Chairman, I'd like to offer the following resolution 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 applicant submitted an amended application for Site Plan review on April 24, 2015, and WHEREAS, on July 6, 2015,'the Planning Board accepted the application for review, and WHEREAS, on July 6, 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 July 6, 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 Southold Town Planning Board Page 17 November 2, 2015 WHEREAS, on August 7, 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 James H. Rich Ill: Second Chairman Wilcenski: Motion made by Pierce, seconded by Jim 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 , James H. Rich Ill: Mr Chairman, I offer the following 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, on July 6, 2015, the Southold Town Planning Board, pursuant to State Environmental Quality Review (SEQR) 6 NYCRR, Part 617, determined the proposed action as an Unlisted Action, and WHEREAS, pursuant to 6 NYCRR Part 617, Section 617 7 of the State Environmental Quality Review Act (SEQRA), the Planning Board coordinated with all involved and interested agencies on August 5, 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 Southold Town Planning Board Page 18 November 2, 2015 RESOLVED, that the Town of Southold Planning Board as Lead Agency, has determined that the proposed action may have a significant impact on the environment and that a Draft Environmental Impact Statement will be prepared William Cremers: Second Chairman Wilcenski: Motion made by Jim, seconded by Bill Any discussion'? All in favor'? Ayes Motion carries James H. Rich III: 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 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, 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 Jim, seconded by Bill Any discussion'? All in favor'? Ayes Motion carries PUBLIC HEARINGS Southold Town Planning Board Page 19 November 2, 2015 Chairman Wilcenski: 4:31 p.m. - Peconic Land Trust/The Farm Beyond LLC Greenhouse - This Agricultural Site Plan Application is for the proposed construction of a 48' x 35' (1,680 sq ft ) greenhouse for vegetable production and not open to the public on a 3 6 acre farm where the Development Rights are held by Southold Town, in the Limited Business Zoning District, Southold The property is located at 45025 CR 48, ±240' s/w/o CR 48 and Youngs Avenue, Southold SCTM#1000-55-1-11 3 At this time I would like to ask anyone if you wish to address the Planning Board, please step to one of the podiums, state your name, write your name for the record and address all your comments to the Board Anyone? Anyone wish to address the Board on Peconic Land Trust/The Farm Beyond Greenhouse'? James H. Rich Ill: Mr Chairman I make a motion to close the hearing William Cremers: Second Chairman Wilcenski: Motion made by Jim, seconded by Bill Any discussion'? All in favor? Ayes Motion carries Martin Sidor WHEREAS,this Agricultural Site Plan Application is for the proposed construction of a 48' x 35' (1,680 sq ft ) greenhouse for vegetable production and not open to the public on a 3 6 acre farm where the Development Rights are held by Southold Town, in the Limited Business Zoning District, Southold, and WHEREAS, on September 24, 2015, Peconic Land Trust and Melissa Henrey, owner, submitted an application for Site Plan review, and WHEREAS, the Southold Town Planning Board, pursuant to §280-133 C of the Southold Town Code, has the discretion to waive any or all of the requirements in §280- 133 for those applications involving uses strictly related to agriculture as long as they are not necessary to further the objectives set forth in Town Code §280-129 to maintain public health, safety, and welfare The Planning Board has found that this application is eligible for a waiver of certain elements of the Site Plan requirements because it is an agricultural use, the details of which are included in the Staff Report dated October 5, 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 Southold Town Planning Board Page 110 November 2, 2015 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 (the greenhouse will not be open to the public) and the parcel is large in size relative to the proposed structure (3 6 acres / 1,680 sq ft greenhouse = 1% lot coverage), and WHEREAS, on September 14, 2015, the Planning Board formally accepted the agricultural application as complete for review, and WHEREAS, on September 23, 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 48' x 35' (1,680 sq ft ) greenhouse on Southold Town Development Rights land owned by Peconic Land Trust, and WHEREAS, on September 29, 2015, the Southold Town Land Preservation Committee reviewed the application and determined that the proposed greenhouse is an agricultural use consistent with the purposes and other terms and conditions of the recorded easement and that the recorded easement for the property allows land within the easement to be used for agricultural production, and WHEREAS, on October 14, 2015, the Southold Town Fire Inspector reviewed and determined that there was adequate fire protection and emergency access for the site, and WHEREAS, on October 20, 2015, the Southold Town Code Enforcement Officer determined that there were no current violations on record for the subject parcel, and WHEREAS, on October 22, 2015, the Architectural Review Committee reviewed the application and approved it as submitted, and WHEREAS, on October 23, 2015, the Southold Town Chief Building Inspector reviewed and certified the proposed agricultural greenhouse as a permitted use in the Limited Business (LB) Zoning District, and WHEREAS, on October 26, 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 ____ _ _______ Southold Town Planning Board Page 111 November 2, 2015 WHEREAS, on October 27, 2015, the Southold Fire District determined there was adequate fire protection for the site, and WHEREAS, on October 29, 2015, the Southold Town Engineer reviewed the above- referenced application and has determined that the greenhouse and trench drains meet the minimum requirements of Chapter 236 for Storm Water Management, and WHEREAS, on November 2, 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 November 2, 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 James H. Rich III: Second Chairman Wilcenski: Motion made by Martin, seconded by Jim Any discussion'? All in favor'? Ayes Motion carries Martin Sidor: And be it further RESOLVED, that the Southold Town Planning Board hereby waives the parking requirements as noted above James H. Rich III: Second Chairman Wilcenski: Motion made by Martin, seconded by Jim Any discussion'? All in favor'? Ayes Motion carries Martin Sidor: And be it further RESOLVED, that the Southold Town Planning Board has determined that this proposed action is a Type II Action and not subject to review under SEQRA James H. Rich III: Second Southold Town Planning Board Page 112 November 2, 2015 Chairman Wilcenski: Motion made by Martin, seconded by Jim Any discussion? All in favor? Ayes Motion carries Martin Sidor: And be it further RESOLVED, that the Southold Town Planning Board has determined that this proposed action is consistent with the policies of the Town of Southold Local Waterfront Revitalization Program James H. Rich Ill: Second Chairman Wilcenski: Motion made by Martin, seconded by Jim Any discussion? All in favor? Ayes Motion carries Martin Sidor: And be it further RESOLVED, that the Southold Town Planning Board grants Approval to the Site Plan entitled "Proposed Site Plan for 35' x 48' High Tunnel Greenhouse", dated September 21, 2015, prepared by Melissa Henrey, and authorizes the Chairman to endorse the Site Plan James H. Rich Ill: Second Chairman Wilcenski• Motion made by Martin, seconded by Jim Any discussion? All in favor? Ayes Motion carries HEARINGS HELD OVER FROM PREVIOUS PUBLIC MEETING Chairman Wilcenski: Beninati Standard Subdivision - This proposal is for a Standard Subdivision of a 2 01 acre parcel where in 1999 the Zoning Board of Appeals granted an Area Variance to allow for this parcel to be subdivided into two lots where Lot 1 equals 0 71 acres and Lot 2 equals 1 30 acres, located in the RO Zoning District 1 Southold Town Planning Board Page 113 November 2, 2015 The property is located on the east side of Peconic Lane and on the south side of CR 48, in Peconic SCTM#1000-74-3-15 At this time I'd like to ask anyone from the audience if they would like to address the Planning Board on Beninati Standard Subdivision Please step to one of the podiums, state your name and write your name for the record Patricia Moore: Patricia Moore on behalf of Mr & Mrs Beninati, I am here to answer any questions Otherwise we hope you will proceed to approve it Thank you Chairman Wilcenski: Thank you, does anybody else from the audience wish to address the Board on the Beninati Subdivision'? Anyone from the Planning Board or Staff have any questions? Hearing none, 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 Chairman Wilcenski: Commercial Solar Energy Production System at Southold Town Landfill - This proposed Site Plan is to construct a ground-mounted commercial solar energy production system consisting of 3,456 modules at ±714" tall covering 1 65 acres on the existing landfill cap with a ±17' x 8' inverter and transformer along with associated ground equipment Existing on site are ±25,000 sq ft of existing buildings including the Town transfer station and associated accessory structures, all on 61 2 acres in the Light Industrial Zoning District The property is located at 6155 Cox Lane, ±450' n/w/o Cox Lane & CR 48, Cutchogue SCTM#1000-96-1-17 5 At this time I'd like to ask anyone if they would like to address the Planning Board on Commercial Solar Energy Production System at Southold Town Landfill to step to one of the podiums, state your name and write your name for the record Anyone? William Cremers: I make a motion to close the hearing James H. Rich III. Second Chairman Wilcenski: Motion made by Bill, seconded by Jim Any discussion? All in favor? ---- _ 'Ayes _ — — -- – Southold Town Planning Board Page 114 November 2, 2015 Motion carries APPROVAL OF PLANNING BOARD MINUTES Chairman Wilcenski: The last order of business is for the Board to approve the minutes of October 5, 2015 James H. Rich Ill: I make a motion to approve the minutes William Cremers: Second Chairman Wilcenski: Motion made by Jim, seconded by Bill Any discussion'? All in favor'? Ayes Motion carries Chairman Wilcenski: We need a motion for adjournment Martin Sidor: So moved William Cremers: Second Chairman Wilcenski: Motion made by Martin, seconded by Bill Any discussion'? All in favor'? Ayes Motion carries There being no further business to come before the Board, the meeting was adjourned Respectfully submitted, CV29aSSLebakeluasal, �._ Jessica Michaelis Transcribing Secretary _Donald J Wilcenski,_Chairman_ _—