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HomeMy WebLinkAboutPB-03/07/2016 OFFICE LOCATION: N'w MAILING ADDRESS: i Town Hall Annex ��� .0 S®(jry_ PLO.Box 1179 54375 State Route 25 ���,`O`� ®�® Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) � •ifig Southold,NY ` Telephone: 631 765-1938 www.southoldtownny.gov �.v PLANNING BOARD OFFICE TOWN OF SOUTHOLD PUBLIC MEETING MINUTES March 7, 2016 4:30 p.m. Present were: Donald Wilcenski, Chairman James H. Rich Ill, Vice Chairman Martin Sidor, Member Pierce Rafferty, Member Heather Lanza, Planning Director Mark Terry, Principal Planner 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 March 7, 2016 Planning Board meeting for Southold Town. The first order of business is for the Board to set Monday, April 4, 2016 at 6:00 p.m. at the Southold Town Hall, Main Road, Southold, as the time and place for the next regularly Planning Board Meeting. James H. Rich Ill: I make a motion. Martin Sidor: Second. Chairman Wilcenski: Motion made by Jim, seconded by Martin:Any discussion? All in favor? Ayes. Motion carries. SUBDIVISIONS Southold Town Planning Board Page 12 March 7, 2016 Conditional Preliminary Plat Determinations: Chairman Wilcenski: Math, Theodore C. Jr. - This proposal is for a Standard Subdivision of a 1.62 acre parcel into two lots where Lot 1 equals 0.71 acres and Lot 2 equals 0.92 acres, located in.the R-40 Zoning District. The Zoning Board of Appeals granted an Area Variance to allow for Lot 1 to be less than 40,000 sq. ft. The property is located at 555 Broadwaters Road, approximately 80 feet west of Wunneweta Road, Cutchogue. SCTM#1000-104-12-6.1 Pierce Rafferty:Mr. Chairman I offer the following: WHEREAS, this proposal is for a Standard Subdivision of a 1.62 acre parcel into two lots where proposed Lot 1 equals 0.71 acres and proposed Lot 2 equals 0.92 acres, located in the R-40 Zoning District. The Zoning Board of Appeals granted an Area Variance to allow for Lot 1 to be less than 40,000 sq. ft.; and WHEREAS, on August 11, 2015, the applicant submitted a Preliminary Plat Application; and WHEREAS, on August 31, 2015, the Planning Board reviewed the application at their Work Session and found the application complete. The Board also agreed to set the Preliminary Plat Public Hearing; and WHEREAS, on September 3, 2015, referrals were sent out to applicable agencies for review; and WHEREAS, on September 14, 2015, the Cutchogue Fire District responded to the referral request; and WHEREAS, on September 16, 2015, the applicant submitted six additional copies of the Preliminary Plat; and WHEREAS, on September 18, 2015, the Local Waterfront Revitalization Coordinator responded to the referral request; and WHEREAS, on September 28, 2015, the Suffolk County Planning Commission responded to the referral request; and WHEREAS, on September 29, 2015, the Office of the Town Engineer responded to the referral request; and WHEREAS, on October 6, 2015, the Planning Board, at their Public Meeting, held and closed the Preliminary Plat Public Hearing; and Southold Town Planning Board Page 13 March 7, 2016 WHEREAS, on November 2, 2015, the Planning Board reviewed the application at their Work Session and requested that revisions to the map be mad_a based upon comments made from the referral comments received; and WHEREAS, on December 7, 2015, the Planning Board issued a Negative Declaration on the action; and . WHEREAS, on January 13, 2016, the applicant submitted revised copies of the map; and WHEREAS, on February 10, 2016, a referral was sent to the Office of the Town Engineer for review of the submitted map; and , WHEREAS, on February 16, 2016, the Office of the Town Engineer sent comments to the Planning Board regarding the submitted map; and WHEREAS, on February 22, 2016, the Planning Board reviewed the application and agreed that it meets all the requirements for Preliminary Plat Approval pursuant to Article VI Preliminary Plat Review; be it therefore 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 Pierce, seconded by Jim. Any discussion? All in favor? Ayes. Motion carries. Pierce Rafferty: And be it further RESOLVED, that the Southold Town Planning Board hereby grants Conditional Preliminary Plat Approval upon the map entitled "Proposed Land Division at Broadwaters for Theodore C. Martz Jr.", dated April 30, 2007 and last revised December 15, 2015, prepared by Nathan Taft Corwin III, Land Surveyor, with the , following conditions: 1. Submission of all requirements pursuant to §240-20 Final Submission and §240- 21 Technical requirement of the Southold Town Code. 2. The title of the Final Plat must contain the words "Final Plat". Southold Town Planning Board Page 14 March 7, 2016 3. Revise the Final Plat to show the following as recommended by the Office of the Town Engineer: a) Drainage calculations indicate the use of gravel trench drains. The maximum amount of voids found within a section of stone depends on size and gradation. General void ratios within the industry indicate that these voids may reach as much as 30%. Therefore, the drainage calculations must be revised using this 30% coefficient and the drainage design must be revised to show that additional drainage is provided to meet requirements of Chapter 236. b) Correct the design of the storm water run-off prevention for the driveway on Lot 2 to meet Chapter 236: Based on the contours shown, the center section of the existing crushed stone driveway on Lot# 2 appears to be sloped away from the indicated gravel trench drainage. This current design does not meet the requirements of Chapter 236 for Storm Water Management. 4. Submission of a Draft Access Easement for proposed Lot 2 over Lot 1. This Access Easement will preserve perpetual access to proposed Lot 2. A template has been provided. 5. Submission of Draft Covenants and Restrictions (a template will be provided by the Planning Department during the Final Plat review stage), including but not limited to, the following clauses: i. "The existing structure on Lot 2 shall not be occupied unless and until a Certificate of Occupancy is issued for the existing structure to meet the minimum livable dwelling requirements of a one family dwelling unit as defined by Section 280-4 of the Southold Town Code. A Certificate of Occupancy for the upgraded residence must be procured prior to the expiration of the Variance granted by the Zoning Board of Appeals (#6844)." ii. A 20 foot natural and undisturbed buffer of 170 feet on the east property line, a 20 foot natural undisturbed buffer of 362 feet on the west property line and a 30 foot natural undisturbed buffer along the entire southern property line which will remain in perpetuity. iii. Clearing limits of 50% pursuant to Town Code §240-49 Clearing on proposed Lots 1 and 2. (Planning Staff will work with the Town Attorney to create a clause that states that the location of the clearing limits can be revised with Planning Board approval). iv. All new work within the Town Right-of-Way, Broadwaters Road, must meet the minimum requirement of Town Highway Specifications. Southold Town Planning Board Page 15 March 7, 2016 v. Require the use of native, drought-tolerant plants in landscaping. vi. Require only the use of organic fertilizers where the water-soluble nitrogen is no more than 20% of the total nitrogen in the mixture. vii. Require a maximum of 1 lb. of nitrogen per 1000 square feet in any one application with a cumulative application of no more than 2 lbs. per 1000 sq. ft. per year. viii. Prohibit the application of fertilizer products containing nitrogen, phosphorus or potassium between November 1st and April 1st. ix. The use of phosphorous containing lawn fertilizers is prohibited unless establishing a new lawn or soil test shows that the lawn does not have enough phosphorus in the product, e.g. 22-0-15. Use of products with 0.67 in the middle or lower is not restricted. Products with a number higher than 0.67 may only be used if a new lawn is being established or a soil test indicated it is necessary. James H. Rich Ill: Second. Chairman Wilcenski: Motion made by Pierce, seconded by Jim. Any discussion? All in favor? Ayes. Motion carries. Final Plat Determinations: Chairman Wilcenski: Cutchoque 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 Chairman Wilcenski: Please note that Martin Sidor is recused from this project. James H. Rich III: Mr. Chairman I offer the following: 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 January 11, 2016, the Southold Town Planning Board granted Conditional Final Approval upon the map entitled "Final Plat for the Clustered Standard Southold Town Planning Board Page 16 March 7, 2016 Subdivision of Cutchogue Business Center", prepared by Martin Donald Hand, Licensed Land Surveyor, dated September 19, 2001 and last revised July 27, 2015, subject to the following conditions: 1. File all signed and approved legal documents with the Office of the Suffolk County Clerk. The Town Supervisor must sign the Open Space Conservation Easement before it can be filed. 2. Submission of the Administration Fee in the amount of$11,389.00 pursuant to §240-37 Administration Fee of the Southold Town Code. 3. Confirmation of removal of the 8' x 11' Metal Shed (Lot 2), Movable 8' x 9' Frame Shed (Lot 2), 32' x 37' Metal Frame Hut (Lot 2) and Light Pole (Lot 1). 4. Remove from the Final Plat the notation in the Open Space Conservation Easement Area "future water service". Water service extending through the Open Space Conservation Easement will negatively affect the existing vegetation that acts as a buffer to Oregon Road. 5. Add to the Final Plat the metes and bounds of the Open Space Easement Area. 6. Remove from the Final Plat all shading and hatching. 7. The Final Plat must meet all Subdivision Map Filing Requirements as outlined by the Suffolk County Clerk's Office. Please see the following link to their website for all requirements: http://www.suffolkcountyny.gov/Departments/CountyClerk/Maps/SubdivisionM ap.aspx 8. Submit to the Town Planning Department twelve (12) paper copies of the Final Plat and four (4) Mylar copies of the Final Plat, all endorsed by the Suffolk County Department of Health Services with their approval stamp; and WHEREAS, on February 10, 2016, the agent submitted the approved Access Easement filed with the Office of the Suffolk County Clerk Liber 12852 and Page 84, the approved Declaration of Covenants and Restrictions filed with the Office of the Suffolk County Clerk Liber 12852 and Page 82 and the approved Road Maintenance Agreement filed with the Office of the Suffolk County Clerk Liber 12852 and Page 83; and WHEREAS, on February 22, 2016, the agent submitted mylars and prints endorsed by the Suffolk County Department of Health Services and the Administration Fee in the amount of$11,389.00; and { Southold Town Planning Board Page 17 March 7, 2016 i WHEREAS, on March 2, 2016, the agentsubmitted photo confirmation that the 8' x 11' Metal Shed, Movable 8' x 9' Frame Shed, 32' x 37' Metal Frame Hut and Light Pole have been removed. Staff confirmed through a site visit on March 4, 2016 that all items have been removed; and WHEREAS, on March 7, 2016, the Planning Board, at their Work Session, reviewed the submitted documents and found that all requirements of Final Plat pursuant to §240-21 Technical Requirements have been met; be it therefore RESOLVED, that the Southold Town Planning Board hereby waives the Final Plat Public Hearing on the basis that there were no changes to the Final Plat. I Pierce Rafferty: Second. I Chairman Wilcenski: Motion made by Jim, seconded by Pierce. Any discussion? All in favor? Ayes. I Motion carries. James H. Rich Ill: And be it further RESOLVED, that the Southold Town Planning Board hereby grants Final Plat Approval upon the map entitled "Final Plat for the Clustered Standard Subdivision of Cutchogue Business Center", dated September 10, 2001 and last revised January 19, 2016, prepared by Martin Donald Hand, Land Surveyor, and authorizes the Chairman to endorse the map. Pierce Rafferty: Second. Chairman Wilcenski: Motion made by Jim, seconded by Pierce. Any discussion? All in favor? Ayes. Motion carries. Chairman Wilcenski: Biggane & Yenicay - This proposed Lot Line Change will transfer 1.2 acres from SCTM#1000-95-1-11.2 to SCTM#1000-83-1-33 & 34. Lot 11.2 will decrease from 19.7 acres to 18.5 acres. Lot 33 will increase from 1.9 acres to 2.5 acres, and Lot 34 will increase from 2.1 acres to 2.6 acres located in the R-80 &A-C Zoning Districts. This project includes the proposed Sale of Development Rights to the Town of Southold upon 18.59 acres located on SCTM#1000-95-1-11.2. The property is located at 8865, 8869 and 8871 Oregon Road, on the north side of Oregon Road, approximately 525' west of Duck Pond Road, in Cutchogue. Southold Town Planning Board Page 18 March 7, 2016 Martin Sidor: WHEREAS, this proposed Lot Line Change will transfer 1.2 acres from SCTM#1000-95- 1-11.2 to SCTM#1000-83-1-33 & 34. Lot 11.2 will decrease from 19.7 acres to 18.5 acres. Lot 33 will increase from 1.9 acres to 2.5 acres, and Lot 34 will increase from 2.1 acres to 2.6 acres located in the R-80 &A-C Zoning Districts. This project includes the proposed Sale of Development Rights to the Town of Southold upon 18.59 acres located on SCTM#1000-95-1-11.2; and WHEREAS, on November 2, 2015, a Lot Line Modification Application was submitted; and WHEREAS, the Planning Board has reviewed this project with the knowledge that the application includes rectifying the encroachment of two existing driveways on Parcel 3, before the Sale of Development Rights to the Town can take place. Based upon this comprehensive review and basis for the application, the Planning Board will not approve the application until the Development Rights have been preserved though an easement that is held by Southold Town; and WHEREAS, on November 16, 2015, at their Work Session, the Planning Board reviewed the application and found it complete. The Board also agreed that a Covenant and Restriction be placed on Parcels 1 and 2 (SCTM#s1000-83-1-33 & 34) stating no further subdivision; and WHEREAS, on January 11, 2016, the Planning Board held and kept open the public hearing until the February 22, 2016 public meeting due to a noticing error; and WHEREAS, on February 22, 2016, the Planning Board reviewed the application at their Work Session and the Board has agreed to reduce the area of the flag on the east side of Parcel 2 by approximately 750 square feet. This would allow both Parcel 1 and Parcel 2 to have direct access to the approved 25 foot wide right-of-way, and eliminating the need for an Access Agreement; and WHEREAS, on February 22, 2016, at the Public Meeting, the Planning Board held and closed the Public Hearing; and WHEREAS, on March 1, 2016, the agent submitted revised plans showing the reduced flag area as well as revised metes and bounds; and WHEREAS, the Southold Town Planning Board, pursuant to Town Code §240-56, Waivers of Certain Provisions, may waive certain elements of the subdivision review if in its judgment they are not requisite in the interest of the public health, safety and general welfare. After reviewing the information submitted for this application, the Planning Board has determined that it is eligible for a waiver of the Environmental Resources Site Analysis Plan (ERSAP), the Primary and Secondary Conservation Area Southold Town Planning Board Page 1 9 March 7, 2016 Plan, the Public Hearing, and the Sketch Plat and Preliminary Plat steps of the subdivision process for the following reasons: 1. No new lots are being created; 2. No changes will occur as a result of this Lot Line Change that would adversely affect the character of the neighborhood; and WHEREAS, the Planning Board performed an uncoordinated review of this Unlisted Action pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality Review Act (SEQRA); and WHEREAS, pursuant to the Lot Line Modification Policy set by the Planning Board in February 2011, this application is eligible for a decision from the Planning Board prior to receiving approval by the Suffolk County Department of Health Services (SCDHS) as it meets the following criterion set forth in that policy: • where no new development potential will be created in the parcel to which the land is transferred; and WHEREAS, on March 7, 2016, at their Work Session, the Planning Board determined that the proposed action meets all the necessary requirements of Town Code §240-57 for a Lot Line Modification; be it therefore RESOLVED, that the Southold Town Planning Board, pursuant to SEQRA, hereby makes a determination of non-significance for the proposed Lot Line Modification and grants a Negative Declaration. 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 hereby waives the requirements of Town Code §240 to submit the ERSAP, Primary and Secondary Conservation Plans, Sketch Plat and Preliminary Plat steps. James H. Rich Ill: Second. Chairman Wilcenski: Motion made by Martin, seconded by Jim. Any discussion? All in favor? Southold Town Planning Board P a g e 1 10 March 7, 2016 Ayes. Motion carries. Martin Sidor: And be it further RESOLVED, that the Southold Town Planning Board hereby waives the requirement for SCDHS approval prior to Planning Board approval of this Lot Line Modification. 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 grants Final Approval with Conditions on the maps entitled "Lot Line Modification Map situated Cutchogue", prepared by Nathan Taft Corwin II, Land Surveyor, dated August 25, 2015 and last revised February 10, 2016, with the following conditions: a. File with the Office of the Suffolk County Clerk the approved Covenants and Restrictions stating no further subdivision of Parcels 1 and 2 (SCTM#s1000-83-1-33 & 34). Failure to file the Covenants and Restrictions will result in the Planning Board's approval of the re- subdivision being null and void. b. Submit a copy of the recorded deed showing the change in lot lines to the Southold Town Planning Department within 62 days of the date of Final Approval, or such approval shall expire and be null and void. c. Submit a copy of the recorded Deed, Deed of Development Rights, or Conservation Easement providing evidence that the required amount of open space has been protected from future development and shall be submitted to the Town of Southold Planning Department within six (6) months from the date of Final Approval. Failure to do so will result in the Planning Board's approval of the re-subdivision being null and void. James H. Rich III: Second. Southold Town Planning Board Page 111 March 7, 2016 Chairman Wilcenski: Motion made by Martin, seconded by Jim. Any discussion? All in favor? Ayes. Motion carries. BOND DETERMINATIONS Bond Reduction: Chairman Wilcenski: Aries Estates - This proposal is for a Standard Subdivision of an 11.4-acre parcel into two lots, where Lot 1 equals 5.7 acres, including 3.3 acres of open space, and Lot 2 equals 5.7 acres, including 3.2 acres of open space, in the R-80 Zoning District. The property is located approximately 334.1' to the east of Stars Road in East Marion. SCTM#1000-22-3-2 Pierce Rafferty: Mr. Chairman I offer the following: WHEREAS,this proposal is for a Standard Subdivision of an 11.4-acre parcel into two lots where Lot 1 equals 5.7 acres, including 3.3 acres of open space, and Lot 2 equals 5.7 acres, including 3.2 acres of open space, in the R-80 Zoning District; and WHEREAS, on November 4, 2013, the Southold Town Planning Board accepted the Draft Bond Estimate for Aries Estates/Shawn Tully in the amount of$34,520.00 and recommended the same to the Southold Town Board; and WHEREAS, on April 21, 2015, the Southold Town Board accepted the Security Payment in the sum of$34,520.00; and WHEREAS, on January 4, 2016, the agent submitted a request to reduce the Performance Bond as the applicant has installed the fire well required by the East Marion Fire Department; and WHEREAS, on January 15, 2016, a referral was sent to the East Marion Fire Department requesting their review and approval of the fire well; and WHEREAS, on February 9, 2016, the Fire Department responded stating that they approved the installation of the fire well; and WHEREAS, on February 12, 2016, the Office of the Town Engineer reviewed the Fire Department's response and agreed to the reduction of the bond in the amount of $15,000.00, the cost of the fire well, as shown on the Bond Estimate dated October 11, 2013; and • Southold Town Planning Board P age 1 12 March 7, 2016 WHEREAS, on March 7, 2016, the Planning Board, at their Work Session, agreed to a reduction in the bond from the amount of$34,520.00 to $19,520.00; be it therefore RESOLVED, that the Southold Town Planning Board hereby recommends to the Southold Town Board the reduction of the Aries Estates Bond from the amount of $34,520.00 to $19,520.00. James H. Rich Ill: Second. Chairman Wilcenski: Motion made by Pierce, seconded by Jim. Any discussion? All in favor? Ayes. Motion carries. SITE PLANS 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 James H. Rich Ill: Mr. Chairman I offer the following: 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, on July 14, 2014, the Zoning Board of Appeals (ZBA) granted Area Variances for an accessory structure not located in the rear yard and less than the required setbacks from NYS Rt . 25 and Main Bayview Road as applied for in File #6757 with one (1) condition: Southold Town Planning Board Site Plan Approval is required; and WHEREAS, on April 24, 2015, the applicant submitted an application for an Amended Site Plan for review; and WHEREAS, on May 18, 2015, the Planning Board found the application incomplete for review and required corrections and additional information to be submitted; and WHEREAS, on June 25, 2015, the applicant submitted a corrected Site Plan and provided additional information as required; and Southold Town Planning Board Page 113 March 7, 2016 WHEREAS, on July 6, 2015, the Planning Board formally accepted the application as complete for review but in need of some minor corrections; 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 WHEREAS, on July 20, 2015, the applicant submitted remaining items as required; and WHEREAS, on August 3, 2015, a public hearing was held and closed; and WHEREAS, on August 7, 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 proposed action is exempt from Suffolk County Planning Commission review because the proposed action is less than 5,000 sq. ft. of new floor area; and 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; and WHEREAS, on August 12, 2015, the Southold Town Fire Inspector reviewed and determined that there was adequate fire protection and emergency access for the site; and WHEREAS, on August 17, 2015, the Southold Fire District determined there was adequate fire protection for the site; and WHEREAS, on August 21, 2015, the applicant submitted a revised Photometric Plan for exterior light fixtures on site that was found incomplete because it did not account for existing light fixtures; and WHEREAS, on August 25, 2015, the Southold Town Engineer reviewed the above- referenced application and determined that the proposed drainage meets the minimum requirements of Chapter 236 for Storm Water Management; and WHEREAS, on August 27, 2015, the Town of Southold LWRP Coordinator reviewed the above-referenced project and determined the proposed project to be consistent with Southold Town Planning Board P a g e 1 14 March 7, 2016 Southold Town LWRP policies and included specific recommendations for proposed exterior lighting citing the proximity of the Custer Institute and Observatory; and WHEREAS, on September 9, 2015, the Architectural Review Committee reviewed the proposed project and approved it as submitted with recommendations; and WHEREAS, on September 11, 2015, the applicant provided a revised Photometric Plan that included all proposed and existing light fixtures on site; and WHEREAS, at their Work Session held on September 14, 2015, the Southold Town Planning Board required revisions to the proposed Site Plan and proposed Photometric Plan; and WHEREAS, on October 5, 2015, the applicant submitted a letter requesting the clarification of certain Code requirements with regard to the September 14, 2015 Work Session; and WHEREAS, on October 9, 2015, Planning Board Staff responded to the applicant's request and provided Code section references for requirements listed in the follow-up letter from the September 14, 2015 Work Session; and WHEREAS, on November 2, 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 December 11, 2015, the applicant submitted information, revisions to the Site Plan and a revised Photometric Plan; and WHEREAS, on December 18, 2015, the Planning Board Staff reviewed the proposed Photometric Plan and found that it continued to exceed the lighting levels permitted in the Code at the property line and on site and provided guidance with regard to the IESNA Guidelines for security lighting of areas such as convenience stores and gas stations and provided a copy of the IESNA guidelines for reference; and WHEREAS, on January 26, 2016, the Southold Town Chief Building Inspector reviewed and certified the proposed Gasoline Service Station as a pre-existing permitted use in the General Business "B" Zoning District pursuant to ZBA File #6757; and WHEREAS, on January 28, 2016, the applicant submitted a revised Photometric Plan; and WHEREAS, at their Work Session held on February 22, 2016, the Planning Board reviewed the revised Site Plan, Photometric Plan and additional materials and required revisions to the Site Plan and clarification of certain elements of the Photometric Plan. This Amended Site Plan Application was scheduled to be reviewed at the February 8, 2016 Work Session but the Work Session was cancelled due to inclement weather; and Southold Town Planning Board Page 1 15 March 7, 2016 WHEREAS, §172(5)(C)(2) permits the Planning Board to allow more than the Code maximum illuminance level if it can be demonstrated that a higher level is necessary for the proposed use as established in the IESNA Handbook Recommended Practices Guidelines. Section 7.2.9 of the IESNA G-1-03 Guideline for Security Lighting for People, Property, and Public Spaces includes the use of convenience stores and gas stations and recommends an average illuminance level of 6.0 foot candles may be used in areas where security is a concern; and WHEREAS, at their Work Session held on February 22, 2016, the Planning Board reviewed the revised Photometric Plan and permitted illuminance levels to be greater than the Code maximum 5.0 foot candles, permitting an average of 5.8 foot candles under the canopy, pursuant to §172(5)(C)(2) Standards for Exterior Lighting and consistent with the IESNA Guidelines (G-1-03) for convenience stores and gas stations (G-1-03; Section 7.2.9); and WHEREAS, on February 29, 2016, the applicant submitted the clarification as required for the proposed Photometric Plan; and WHEREAS, on March 2, 2016, the applicant submitted the remaining requirements and revised Site Plan as required; and WHEREAS, on March 7, 2016, the Southold Town Planning Board determined that all applicable requirements of the Site Plan Regulations, Article XXIV, §280 — Site Plan Approval of the Town of Southold, have been met; therefore, be it RESOLVED, that the Southold Town Planning Board 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 Jim, seconded by Martin. Any discussion? All in favor? Ayes. Motion carries. , James H. Rich Ill: And be it further RESOLVED, that the Southold Town Planning Board approves the Amended Site Plan with eight (8) conditions entitled "Proposed Canopy Addition to existing Gasoline Sales Station", prepared by Garrett A. Strang, R.A., dated November 12, 2013 and last revised March 1, 2016, and authorizes the Chairman to endorse the Site Plan including the following four (4) plans: Southold Town Planning Board Page 116 March 7, 2016 1. SP — 1: Site Plan 2. S — 100.00: Construction Details Canopy Plan and Elevations, dated February 2, 2015; 3. SK— 1: Canopy Elevations, dated January 23, 2015; last revised December 10, 2015; 4. Photometric Plan, dated June 23, 2015; last revised January 27, 2016, prepared by LSI Industries; Conditions: 1. The only exterior light fixtures permitted at this site are as shown on the Lighting Plan of the Approved Site Plan. The approved lights are located under the canopy and on the light pole over the vacuum/air pump station. Any future exterior light fixtures beyond those shown on the Approved Lighting Plan must be reviewed for compliance and approved by the Planning Board prior to installation; 2. The soffit light fixtures existing on the front and side of the building at the time of this Site Plan approval do not comply with the Town Code and must be removed immediately; 3. All canopy and site lighting shall be shut off within 15 minutes of close of business. Future security lighting via motion sensors or similar may be permitted with Planning Board review and approval prior to installation; 4. All neon or other internally illuminated signs or advertisements located on the building or in windows existing at the time of this Site Plan approval must be removed immediately; 5. All advertisement and merchandise signs in excess of the permitted signs must be removed from the property immediately; 6. Any changes to existing signage must be reviewed and approved by the Planning Board prior to installation, including changes to the color of the signs, or type of lighting used in the main fuel price sign; 7. No outdoor video/TV screens are permitted; 8. No outdoor speakers are permitted except for a small intercom system to allow a pump operator to communicate with the staff inside (no advertisements or music will be played on this intercom system). Southold Town Planning Board P a g e 117 March 7, 2016 Martin Sidor: Second. Chairman Wilcenski: Motion made by Jim, seconded by Martin. Any discussion? All in favor? Ayes. Motion carries. Heather Lanza: I have a comment, there are 4 plans not 3. Chairman Wilcenski: Okay please make note that there are 4 plans not 3. Can I have a motion on that? James H. Rich Ill: I make a motion. Martin Sidor: Second. Chairman Wilcenski: Motion made by Jim, seconded by Martin. Any discussion? All in favor? Ayes. Motion carries. OTHER Extend Written Public Comment Period: Chairman Wilcenski: The Heritage at Cutchogue - This proposed Residential Site Plan is for the development of 124 detached and attached dwellings classified in three types: 48 "Type A" units (1,999 +/- sq. ft. livable area), 72 "Type B" units (1,599 +/- sq. ft. livable area) and 4 "Type "C" units (1,999 +/- sq. ft. livable area). In addition, there are proposed the following: a 6,188 sq. ft. community center with a ±1,125 sq. ft. outdoor swimming pool, one tennis court, 284 parking spaces of which 256 are associated with the individual dwelling units and 28 are associated with the community center, and various other associated site improvements, on a vacant 46.17-acre parcel in the Hamlet Density (HD) Zoning District located at 75 Schoolhouse Road, on the n/w corner of Griffing Street and Schoolhouse Road, approximately 1,079 feet n/o the Main Road, in Cutchogue. SCTM#1000-102-1-33.3 Martin Sidor: WHEREAS, the Combined Public Hearing was held on Monday, January 11, 2016 & February 22, 2016 and closed with written comments accepted for a period of two weeks thru March 7, 2016, 4:00 p.m.; therefore, be it Southold Town Planning Board Page 118 March 7, 2016 RESOLVED, that the Southold Town Planning Board extends the written public comment period from March 7, 2016, 4:00 p.m. to Friday, March 11, 2016, 4:00 p.m. regarding the Site Plan, dated July 10, 2015, entitled The Heritage at Cutchogue, prepared by VHB Engineering, Surveying and Landscape Architecture, P.0 and the Draft Environmental Impact Statement for The Heritage at Cutchogue, prepared by VHB Engineering, Surveying and Landscape Architecture, P.C., dated October 30, 2015. James H. Rich Ill: Second. Chairman Wilcenski: Motion made by Martin, seconded by Jim. Any discussion? All in favor? Ayes. Motion carries. PUBLIC HEARINGS Chairman Wilcenski: 4:31 p.m. — Robertson & Johnson - This proposed Lot Line Change will transfer 0.46 acres from SCTM#1000-74-1-2 to SCTM#1000-67-3-10. SCTM1000-67-3-10 will increase from 0.24 acres to 0.70 acres, and SCTM#1000-74-1- 2 will decrease from 0.46 acres to 0 acres in the R-40 Zoning District. This project is located at 55 Dickerson Street & 2730 Henry's Lane, approximately 2,690 feet north of County Route 48, in Peconic. Chairman Wilcenski: At this time I would like to ask anyone from the audience or from the public if they would like to address the Planning Board, please do so at one of the podiums, step to the podium state your name and write your name for the record. Anyone, Robertson & Johnson? Hearing none, seeing none. James H. Rich Ill: I make a motion to close the hearing. Martin Sidor: Second. Chairman Wilcenski: Motion made by Jim, seconded by Martin. Any discussion? All in favor? Ayes. Motion carries. Chairman Wilcenski: I am recusing myself from The Estates at Royalton and Vice- Chairman Jim will take over. Southold Town Planning Board P a g e 119 March 7, 2016 Vice-Chairman Rich: 4:32 p.m. — The Estates at Royalton - This proposal is for a Standard Subdivision of a 36.9 acre parcel into 12 lots where Lots 1-11 equal 0.7 acres, and Lot 12 equals 12 acres, located in the A-C Zoning District. This subdivision includes 15.2 acres of open space and 1.7 acres for a proposed road. The property is located at 55 Cox Neck Road, approximately 490 feet north of Sound Avenue, Mattituck. SCTM#1000-113-7-19.23 Vice-Chairman Rich: Anyone wishing to address the Planning Board please step forward to either podium, state and write your name. You are speaking to us, thank you. Charles Cuddy: Good evening Charles Cuddy for the applicant. As indicated this is in the AC district and the 37 acre site has 12 lots, the lot#12 is a 12 acre parcel which is devoted to an agricultural use equestrian site, it's already in existence and the Board is aware of that. We also now have 11 residential lots that are going to compliment that 12th lot. The area includes screening all along Cox Neck Lane, it will include screening along the west side of the site. The lots are all clustered as the Board knows, we have 60% open space, it's serviced by public water. Mr. Libretto is here, he is agent for the applicant and I'd like him also to speak. Thank you. Vice-Chairman Rich: Thank you Charles. Steve Libretto: Good afternoon, Steve Libretto agent for the applicant. I'll just write my name. I just wanted to address the Board briefly regarding wastewater management. We've recently started to explore different alternatives that we might be able to employ for wastewater management. We have made the application for the Subdivision to the Department of Health using the standard septic systems because currently that is all that is approvable by Suffolk County Department of Health, however we had recently met with the Department of Health and representative from the Department of Health and they've indicated to us that there will probably be alternative methods of wastewater treatment that will come online as of, on or about July 1St. We got some information on those systems from them and assuming if they do become approvable by the Suffolk County Department of Health we have every intention of employing those systems to try to mitigate nitrogen and denitrify some of the wastewater and use green methods of wastewater treatment. Vice-Chairman Rich: Thank you. Anyone else wish to address, please step forward state and write your name. Michael Harkin: Hi Michael Harkin at 6175 Sound Avenue I'm right next door to this development. My question is to the developers, is that road- Vice-Chairman Rich: Sir, you have to speak to us. Michael Harkin: One of my questions is, there's a road going, it's on the westerly side of the property going to Sound Avenue, is that going to stay intact or is it going to be Southold Town Planning Board Page 120 March 7, 2016 removed? If it's not going to be removed, what kind of traffic is it going to be handling? Is it going to be handling the farm traffic, the equestrian horse farm, or is it just private in and out from the neighbors with the 12 acres, and will all the other traffic be going out Cox Road? That's just one of my questions. Vice-Chairman Rich: What I'd like to do is have you finish speaking and then if Steve wants to answer those questions to us. I don't want to get into anything between you guys. Michael Harkin: Okay no problem. Another thing is this is agricultural land right, that they're looking to get a residential rezoning for? Vice-Chairman Rich: Its AC zone yes. Michael Harkin:.So its agricultural, so if these people get their ambition who is to say, what's going to make this land different than the farmer down the road a bit, and the next one, and the next one, and the next one until we're just as busy in traffic as Nassau County, that's another question I had. The retention pond for the run off, what's its capacity and what's the over flow and what's to prevent any wildlife from drinking that toxic water that's going to be emitted from the sewer system of that road way they want to put in. There's also, I believe its 36 horse stables, that once they cut away that 26 acres of land from the 12, they'll no longer be eligible to have the 22 acre barn/stable that I'm sure they'd like to keep and are they going to be able to keep that? How big are the trees that are going to be screening the westerly border of the property to give the adequate privacy? Has Peconic Land Trust been involved in any of these discussions that are being held today, because I can't believe, when I moved into my house I had to pay so that we would be able to preserve lands like these and I just want to know what their participation has been? Basically those are my questions. Vice-Chairman Rich: Thank you. Steve Libretto: Again Steve Libretto for the applicant. To answer the first question, the road that currently exists on the western portion of the property is currently a service access road for the entire property including the existing horse farm. That is going to be largely kept and somewhat the use is going to change into a bridle path, a trail for people to ride their horses along. It will also still have the curb cut from Sound Avenue and can be used as a service entrance all the way back to the farm, it will not at all be used for the residential.11 lots. All the 11 lots will be off of Cox Neck into the Main Road, there aren't going to be no other entrances into the subdivision. Just for the record or more so for Mr. Harkin the AC zone- Vice-Chairman Rich: Please direct your comments to us Steve, thank you. Steve Libretto: I'm sorry, the AC zone as you know is also allowed to be used as residential use, the code allows for residential development, not only on our piece but any AC zoned. The drainage, the pond is strictly for esthetic and to make a picnic area Southold Town Planning Board Page 121 March 7, 2016 and to be used just as a picnic area, a nature area as part of the open space. I'm not quite sure what the question was regarding the horses, but I believe the question was alluding to the fact that by having a 12 acre parcel can we still have 36 horses and there is nothing, to my knowledge in the code that says that there's "x" amount of hordes or livestock per acre. As to the size of the screening, our intention is to use existing nursery stock; it is a cultivated nursery currently that exists on the 24.9 acres. We have all different sizes of screening that will be used for various different purposes, but the screening for the purposes of Cox Neck Road, Sound Avenue and along the western service entrance will be somewhere in the vicinity of 10-14 foot stock that will then obviously grow from there. Our intention is to both screen the neighbors as well as screening the development from the inside out. Vice-Chairman Rich: Thank you. Anyone else wish to address, please step forward and state your name and write your name. Anthony Holbrooke: Hello my name is Anthony Holbrooke and we live and own the property 6960 Sound Avenue, directly across the street from this ambitious property. I just want to echo some of our neighbor's general concerns and I'm not a developer or a zoner so it's difficult for me to go back and forth with zoning codes. But for instance when you say the trees are growing, well the nurseries there before were on the property with one house, I'm sorry I'm supposed to address you, and very little traffic so to say that the previous nurseries trees growing would be adequate to obscure the 12 homes, 11 homes excuse me, concerns me quite frankly concerns me a lot. Noise, traffic, I'm concerned, because you say lay it out, I'm concerned about the construction period, I'm concerned about the road as he said, I'm concerned about the moving ambitions, I heard or read a quote just doing quick research, we have lives to live too, that's not our job where it said that this was a pipe dream, quote unquote a pipe dream, these ambitious, that it was going to be a horse farm. So we're not against the development, I want to be careful. Vice-Chairman Rich: Sir, speak to the Planning Board. Anthony Holbrooke: Specifically I'm concerned about who's going to own these homes if you get there. Is it going to be people that live there, are they going to be investments, are they going to be second homes, what's the story? We have a 5 year old son, we bought our house along with this gentlemen we paid the Peconic Land Trust and we see it as a neighborhood in the future so we want to have a sense of who's going to be across the street. Is it going to be an empty development? When I drive down Sound Avenue, which is itself an economic engine, just look at the agriculture all it brings out there, when you get to the end of it right before Garden of Eve and you turn left, there's a development there and it's just naked to the eye, to me that an eyesore, a simple substantial row of trees or whatever you want to call it would go a long way to the esthetics. But I'm also concerned if you build one, two houses, what happens if you sell two of them? Does that mean it just, then what happens, for five year it just goes on, I mean I don't understand the process, maybe we could have more detail on those things. Also the environmental concerns drain water, the birds I don't know if they'll Southold Town Planning Board Page 122 March 7, 2016 come back, the wild birds that circle overhead, it may sound, I hope it doesn't sound trite to anyone, because it's part of the charm and beauty of this place. So I think there is so much, so many details not filled in here, I want to be clean am not opposed to this but I am opposed to keeping the nurseries the way they are, we should not have to look or hear the noise of 12 homes rattling back. There's a lot unexplained in there and that's my rambling of concern, but they're significant because we're directly across the street from them. When we moved in we were told that there is a minimum amount of land per house, so you know if they put up a house right there we'd be straight across. And of course there were previous plans before to put 17 homes there or something more. So where is this going, what's the time frame if its approved and what assurances do we have in case of the worst case scenario where the ground water does get affected? Is there some account or something, what if it all goes belly up and were left with polluted land? Though were just the immediate neighbors I think Harbe's and all those people who have business down the road don't want to just gamble with the incredible beauty of that Sound Avenue corridor. And I would love to hear what you have to say. Vice-Chairman Rich: Thank you for your comments. Anyone else wish to address the Planning Board on this issue. Michael Harkin: I would like to speak a second time. Vice-Chairman Rich: If nobody else wants to speak you are welcome to speak a second time sure. Anthony Holbrooke: Can we ask for a specific answer about what they're going to do since both of us share that simple concern that seems to me could be addressed. That they would make a commitment to put up a substantial green screen or row of significant trees there? Vice-Chairman Rich: All of your comments will be reviewed by the Planning Board and we will discuss that, we read and reread everybody's comments from these Public Hearings. It doesn't mean everybody gets what they want, because obviously some people are for something and some people are against it, we obviously can't give everyone what they want but we really do seriously listen to all of your comments and appreciate them too. Anthony Holbrooke: Okay I will leave it at that then. Vice-Chairman Rich: Thank you. Sir? Ma'am, I'm sorry. Marilyn Gatz: My name is Marilyn Gatz and my husband Walter, we live directly west of the subdivision Royalton, we want to say that we approve this subdivision. We actually like it, it's beautiful, we've seen the whole thing, and they haven't forgotten anything, the landscaping is great, that's the business we are in. They are wonderful neighbors, I can only tell you that, the time that they've been there we have no complaints with these Southold Town Planning Board Page 123 March 7, 2016 people at all. I think that they will do everything that they say they're going to do, I can assure you they will do that. Everything is top shelf with them, and I can't see it being any other way. Walter and I both want to say that we approve this subdivision. Thank you. • Vice-Chairman Rich: Thank you very much for your comments. Anyone else? Michael Harkin: Michael Harkin again, so the Local Waterfront Revitalization Program speaks specifically of Main Road and Sound Avenue and it seems to speak directly to the nature of these two roads and they should be maintained at any cost. If this was a development say in the woods somewhere, off of these roads but this is like the premier which has been stated in that Waterfront Program, so keep that in mind when you guys are discussing this by yourselves. My understanding of this pond is that its connected to the sewers of that road, and I looked at the piping, so maybe Mr. Steve would like to think about what he said when he mentioned that it was just going to be a pond. Of course you're going to get oil and sand run off and all of the stuff that goes with a road and it's going to be fed into that pond and I really think there should be an 8 foot gate or fence around the pond. There should also be some discussion regarding the say like a heavy rain, what's it capacity, what's the overflow and what's the result of the road runoff in that pond area, it's going to leach into the ground. Just a few more questions that you guys can think about. Vice-Chairman Rich: My understanding that those questions are actually interpreted by the Town Engineer. Michael Harkin: So they've been answered? Vice-Chairman Rich: I didn't say they've been answered, they are interpreted. Michael Harkin: Will I have an answer by the next meeting say? Will somebody be here that can answer that question? Heather Lanza: The Board doesn't typically answer the questions, they take the comments and they will make sure that they get answered during the review. You can call the Planning office and get the comments from the Town Engineer who will review the drainage plans. Michael Harkin: Yes, because there is the 100 year flood that's happening every 10 years now. Thank you. Vice-Chairman Rich: Again every comment is reviewed by us, we can't react to, we can't give everybody what they want but we do listen and try to- Michael Harkin: I can also attest that these are nice people that own the property and I've never had a problem with them either but this is a big project and we all have concerns. Further down the road, think about the big picture, down the road. Southold Town Planning Board Page 124 March 7, 2016 Vice-Chairman Rich: Thank you. Anthony Holbrooke: I just want to add one more thing, I just want to echo what they said- Vice-Chairman Rich: Sir, please state and write your name. Anthony Holbrooke: Anthony Holbrooke,6960 Sound Avenue and my wife Agathe Snow, I just want to echo what they said. I think thoughtful and think about, I take what you said to heart and I believe you know the area much longer than we have and it's a long future ahead and I think what this gentlemen said were some very good points. I think the more you include the neighbors, we're showing up for the first time we have no complaints but if we're clear about how we can get as many answers to these things as possible, it could make for happier neighbors should this go through in the future. Thank you very much. Vice-Chairman Rich: Thank you. Anyone else wish the address the Planning Board on this issue? Anyone else? Martin Sidor: I make a motion to close the hearing. Pierce Rafferty: Second. Vice-Chairman Rich: Motion made to close the hearing by Martin, seconded by Pierce. Any discussion? All in favor? Ayes. Motion to close the hearing has passed. Thank you for your participation. We'll ask Don to come back in. Michael Harkin: When you say the meeting is passed, does that mean it's been approved? Vice-Chairman Rich: No, it just means that the hearing is closed. We are going,to continue our review. Michael Harkin: Will there be another discussion publicly. Vice-Chairman Rich: No. Michael Harkin: That's it? From this it goes to- Heather Lanza: We can't have this discussion on the microphones. Southold Town Planning Board Page 125 March 7, 2016 Michael Harkin: From here it goes to trustees? I'm just curious. Vice-Chairman Rich: You can call the office. Alyxandra Sabatino: I can speak to you in the lobby. HEARINGS HELD OVER Chairman Wilcenski: Just as a general comment, if anyone has any concerns or questions you can always call the Planning Staff at the Planning office. Chairman Wilcenski: Ridgway Standard Subdivision - 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. The parcel is located in the R-80 Zoning District. The property is located at 1588 Fox Avenue, on the west side of Fox Avenue and adjacent to Hay Harbor, on Fishers Island. SCTM#1000-6-1-3 Chairman Wilcenski: At this time I would like to ask anyone from the audience if they'd like to address the Planning Board on this project to please step to one of the podiums, state your name, write your name for the record and direct your comments to the Board. Linda Margolin: My name is Linda Margolin and I'm the attorney for the applicant. I don't have anything to say unless you have any questions. Chairman Wilcenski: Do any staff or Board members have any questions? Hearing and seeing none. James H. Rich Ill: I make a motion to close the hearing. Martin Sidor: Second. Chairman Wilcenski: Motion made by Jim, seconded.by Martin. Any discussion? All in favor? Ayes. Motion carries. ************************* APPROVAL OF PLANNING BOARD MINUTES Chairman Wilcenski: I need a motion for the Board to approve the minutes of: February 22, 2016. Southold Town Planning Board Page 126 March 7, 2016 Martin Sidor: I make a motion. James H. Rich III: Second. Chairman Wilcenski: Motion made by Martin, seconded by Jim. Any discussion? All in favor? Ayes. Motion carries. Chairman Wilcenski: I need a motion for adjournment. James H. Rich III: I make a motion. Martin Sidor: Second. Chairman Wilcenski: Motion made by Jim, seconded by Martin. Any discussion? All in favor? Ayes. Motion carries. Have a good evening. There being no further business to come before the Board, the meeting was adjourned. Respectfully submitted, v • Jessica Michaelis Transcribing Secretary Donald Wilnski, Cha man