HomeMy WebLinkAboutPB-04/04/2016 •
OFFICE LOCATION: i�'�'� MAILING ADDRESS:
Town Hall Annex �����®F S01J7/, - P.O. Box 1179
54375 State Route 25 Of,`® 4 Southold,NY 11971
(cor.Main Rd. &Youngs Ave.) - jig
Southold, NY ; Telephone: 631 765-1938
www.southoldtownny.gov
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PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
PUBLIC MEETING
MINUTES
April 4, 2016
6:00 p.m.
Present were: Donald Wilcenski, Chairman
James H. Rich Ill, Vice Chairman
Martin Sidor, Member
William Cremers, 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 evening ladies and gentlemen and welcome to the
regularly scheduled April 4, 2016 Planning Board meeting for Southold Town. The first
order of business is for the Board to set Monday, May 2, 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.
William Cremers: So moved.
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 12 April 4, 2016
SUBDIVISIONS
Conditional Preliminary Plat Determinations:
Chairman Wilcenski: Noone, Margaret- This proposal is for a 2-lot Standard
Subdivision of a 21,016 sq. ft. parcel where Lot 1 = 10,501 sq. ft. and Lot 2 = 10,515 sq.
ft. in the R-40 & B Zoning Districts. The property is located at 210 Sigsbee Road, on the
west side of Sigsbee Road, 164' south of Main Road, in Mattituck. SCTM#1000-143-1-
4.1
Pierce Rafferty: Mr. Chairman I offer the following:
WHEREAS, this proposal is for a standard 2-lot subdivision of a 21,000 sq. ft. parcel
where Lot 1 = 10,501 sq. ft. and Lot 2 = 10,500 sq. ft. in the R-40 & B Zoning Districts;
and
WHEREAS, the proposed lot sizes are below the minimum required in the zoning
district; and
WHEREAS, the Zoning Board of Appeals granted an Area Variance on March 13, 2008
(reference ZBA#6107); and
WHEREAS, on April 11, 2011, the Southold Town Planning Board granted Sketch Plan
Approval upon the map entitled "Minor Subdivision Map Prepared for Margaret A. &
Thomas E Noone, Mattituck", dated March 27, 2009 and last revised December 1, 2010
prepared by Nathan Taft Corwin, Ill, Land Surveyor; and
WHEREAS, on May 21, 2012, the agent submitted a request for an Extension of Sketch
Plan Approval; and
WHEREAS, on June 5, 2012, the Planning Board granted an Extension of Sketch Plan
Approval until December 4, 2012; and
WHEREAS, on June 15, 2012, the agent submitted a check in the amount of$1,250.00
as required as a condition of Sketch Plan Approval and the agent submitted two revised
prints; and
WHEREAS, on June 18, 2012, the Office of the Town Engineer required revisions
based upon drainage requirements; and
WHEREAS, on July 9, 2012, the Southold Town Planning Board, at their Work Session,
reviewed and accepted the Office of the Town Engineer's comments. The Board also
stated that to continue review of the application, a Preliminary Plat Application and Fee
must be submitted; and
WHEREAS, on December 5, 2012, the agent submitted a request to extend Sketch
Plan Approval; and
Southold Town Planning Board Page 13 April 4, 2016
WHEREAS, on December 17, 2012, the Planning Board, at their public meeting,
granted an Extension of Sketch Plan Approval until June 4, 2016; and
WHEREAS, on June 11, 2015, the agent submitted a request to extend Sketch Plan
Approval with the explanation that there was a death in the family and the applicant
could not continue with the proposed subdivision; and
WHEREAS, on July 6, 2015, the Planning Board, at their Work Session, reviewed the
Preliminary Plat Application submitted on June 11, 2015 and found it incomplete; and
WHEREAS, on July 6, 2015, the Planning Board, at their public meeting, granted an
Extension of Sketch Plan Approval until January 1, 2016; and
WHEREAS, on July 31, 2015, the applicant submitted additional maps; and
WHEREAS, on August 19, 2015, the application was deemed complete; and
WHEREAS, on August 31, 2015, the Planning Board determined that the action was an
Unlisted Action under SEQRA; and
WHEREAS, on September 3, 2015; referrals were sent to all applicable agencies; and
WHEREAS, on September 18, 2015, the LWRP Coordinator responded to the Board's
referral request and found it Consistent with the LWRP; and
WHEREAS, on September 21, 2015, the Office of the Town Engineer responded to the
Board's referral request; and
WHEREAS, on September 23, 2015, the agent submitted a Long Environmental
•
Assessment Form; and
WHEREAS, on September 28, 2015, the Suffolk County Planning Commission
responded to the Board's referral request; and
WHEREAS, on September 28, 2015, the Mattituck Fire District responded to the
Board's referral request; and
WHEREAS, on October 6, 2015, the Preliminary Plat Public Hearing was held and
closed; and
WHEREAS, on November 6, 2015, the Planning Board requested revisions to the
Preliminary Plat based upon recommendations from applicable agencies' comments;
and
WHEREAS, on December 7, 2015, the Planning Board, at their public meeting, issued a
Negative Declaration; and
Southold Town Planning Board Page 1 4 April 4, 2016
WHEREAS, on February 23, 2016, the agent submitted revised plans; and
WHEREAS, on March 21, 2016, the Planning Board reviewed the revised map at their
Work Session and agreed that the map and the application 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.
William Cremers: Second.
Chairman Wilcenski: Motion made by Pierce, seconded by Bill. Any discussion? All in
favor?
Ayes.
Motion carries.
Pierce Rafferty: And be it further
RESOLVED, that the Southold Town Planning Board hereby grants Conditional
Preliminary Plat Approval upon the map entitled "Standard Subdivision Preliminary
Plan prepared for Margaret A. and Thomas E. Noone", dated March 27, 2009 and last
revised February 2, 2016, 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 following Covenants and Restrictions are required to be placed on the
property:
a. Clearing limits of 75% pursuant to Town Code §240-49 Clearing on
proposed Lots 1 and 2.
b. Lot 1 is for residential use only, however, if the lot is merged with an
existing B-zoned lot, commercial uses could be allowed. (Planning Staff
will work with the Town Attorney to provide the wording of this clause.)
c. The 18" Oak on Lot 1 and the 18" Oak, 12" Oak and 27" Oak located on
Lot 2 adjacent to Sigsbee Road and designated on the subdivision plat are
preserved in perpetuity.
d. Require the use of native, drought-tolerant plants in landscaping.
Southold Town Planning Board Page 15 April 4, 2016
e. Require only the use of organic fertilizers where the water-soluble nitrogen
is no more than 20% of the total nitrogen in the mixture.
f. 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.
g. Prohibit the application of fertilizer products containing nitrogen,
phosphorus or potassium between November 1st and April 1st.
h. 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.
3. The Final Plat must show all property monuments pursuant to §240-41 C of the
Southold Town Code. All proposed monuments must be concrete.
4. Property monuments must be installed on the property pursuant to §240-41 C of
the Southold Town Code before Final Approval is granted.
5. The required street tree on proposed Lot 1 pursuant to §161-44 must be planted
before Final Approval is granted.
William Cremers: Second.
Chairman Wilcenski: Motion made by Pierce, seconded by Bill. Any discussion? All in
favor?
Ayes.
Motion carries.
Chairman Wilcenski: Sutton, Alexander & Tracy - This proposal is for a Standard
Subdivision of a 1.82 acre parcel where in 2010 the Zoning Board of Appeals granted
an Area Variance to allow for this parcel to be subdivided into two lots where Lot 1
equals 1.13 acres and Lot 2 equals 0.69 acres, located in the R-40 Zoning District. The
property is located at 1160 North Bayview Road, 111.56 feet northeast of Liberty Lane
and Victoria Drive, Southold. SCTM#1000-78-9-54 & 78
James H. Rich Ill: Mr. Chairman I offer the following:
WHEREAS, this proposal is for a Standard Subdivision of a 1.82 acre parcel where in
2010 the Zoning Board of Appeals granted an Area Variance to allow for this parcel to
Southold Town Planning Board Page 16 April 4, 2016
be subdivided into two lots where Lot 1 equals 1.13 acres and Lot 2 equals 0.69 acres,
located in the R-40 Zoning District; and
WHEREAS, on October 7, 2010, the Zoning Board of Appeals granted an Area
Variance #6385; and
WHEREAS, on May 25, 2011, the applicant submitted to the Planning Board a Variance
granted by the Zoning Board of Appeals and four revised prints; and
WHEREAS, on July 11, 2011, the Planning Board reviewed the application and agreed
that the Board would allow the application to begin at the Preliminary Plat Stage. The
Board required that a new Preliminary Plat Application be submitted to begin the review
process; and
WHEREAS, on October 3, 2013, the agent submitted an approved Health Department
map; and
WHEREAS, on April 3, 2014, the agent submitted a Preliminary Plat Application that
included 12 prints of the Preliminary Plat, a copy of the Health Department approved
map and a check in the amount of$1,000.00; and
WHEREAS, on May 5, 2014, the Planning Board reviewed the application at their Work
Session and found the application incomplete with items to be submitted; and
WHEREAS, on May 15, 2014, the agent submitted additional information that was
required to find the application complete; and
WHEREAS, on June 2, 2014, the Planning Board reviewed the application at their Work
Session and found the application complete and agreed to set the Preliminary Plat
Public Hearing; and
WHEREAS, on June 5, 2014, referrals were sent out to applicable agencies for review;
and
WHEREAS, on June 12, 2014, the Southold Fire District responded to the referral
request; and
WHEREAS, on July 7, 2014, the Suffolk County Planning Commission responded to the
referral request; and
WHEREAS, on July 8, 2014, the Planning Board held and closed the Preliminary Plat
Public hearing; and
WHEREAS, on July 23, 2014, the Office of the Town Engineer responded with
comments to the referral request; and
Southold Town Planning Board Page 17 April 4, 2016
WHEREAS, on August 22, 2014, the Planning Board reviewed the application at their
Work Session and requested that revisions be made to the map; and
WHEREAS, on September 8, 2014, the Planning Board reviewed the application at their
Work Session and agreed to place a Covenant on the property that the right-of-way will
remain open and accessible to emergency vehicles over its entire length; and
WHEREAS, on September 24, 2014, a referral was sent to the Highway Superintendent
and the Office of the Town Engineer requesting that the right-of-way remain as it
currently exists and not up-graded to meet Highway Specifications; and
WHEREAS, on October 17, 2014, the Office of the Town Engineer sent a response to
the Planning Board's request stating that, after review, the Highway Superintendent and
the Office of the Town Engineer have agreed to waive the requirement to meet Highway
Specifications; and
WHEREAS, on October 20, 2014, the Planning Board reviewed the application at their
Work Session and agreed to waive the Highway Requirements for the right-of-way; and
WHEREAS, on February 6, 2015, the agent submitted 12 revised prints and a Letter of
Water Availability from the Suffolk County Water Authority; and
WHEREAS, on February 26, 2015, the Planning Board reviewed the application at their
Work Session and accepted Draft Covenants and Restrictions. The Board also
requested that an Access Easement be submitted for Lot 2 over the 50' right-of-way;
and
WHEREAS, on May 27, 2015, the agent submitted revised Covenants and Restrictions;
and
WHEREAS, on June 3, 2015, Staff sent an e-mail to the agent stating that the last item
to submit, as per the letter dated February 26, 2015, was the Access Easement for Lot
2 over the 50' right-of-way; and
WHEREAS, on December 15, 2015, the agent submitted an Access Easement for Lot 2
over the 50' right-of-way; and
WHEREAS, on January 19, 2016, Staff sent a referral to the Office of the Town
Engineer requesting review of the Access Easement; and
WHEREAS, on February 22, 2016, the Planning Board reviewed the application at their
Work Session and accepted Planning Staff's revised Access Easement; and
WHEREAS, on March 21, 2016, the Planning Board reviewed the revised Covenants
and Restrictions at their Work Session and agreed that it meets all the requirements for
Preliminary Plat Approval pursuant to Article VI Preliminary Plat Review; be it therefore
Southold Town Planning Board Page 1 8 April 4, 2016
RESOLVED, that the Southold Town Planning Board, pursuant to SEQRA, declares
itself Lead Agency status for the SEQRA review of this Unlisted Action.
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 non-significance for the proposed action and grants a
Negative Declaration.
William Cremers: Second.
Chairman Wilcenski: Motion made by Jim, seconded by Bill. Any discussion? All in
favor?
Ayes.
Motion carries.
James H. Rich IH: And be it further
RESOLVED, that the Southold Town Planning Board has determined that this proposed
action is consistent with the policies of the Town of Southold Local Waterfront
Revitalization Program.
William Cremers: Second.
Chairman Wilcenski: Motion made by Jim, seconded by Bill. Any discussion? All in
favor?
Ayes.
Motion carries.
James H. Rich III: And be it further .
RESOLVED, that the Southold Town Planning Board hereby grants Conditional
Preliminary Plat Approval upon the map entitled "Preliminary Plat Standard
Southold Town Planning Board Page 19 April 4, 2016
Subdivision prepared for Alexander L. & Tracy M. Sutton", dated June 15, 2007 and last
revised December 3, 2014, 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 Final Plat must show the following:
a) Show the required 20' wide vegetated buffer located on proposed
Lot 1 adjacent to North Bayview Road.
b) The Board has agreed to preserve all existing significant trees on
proposed Lot 2 except the two significant trees identified in the
center of the building envelope. The Final Plat must identify the
significant trees to be preserved and mark them with the notation "to
be preserved".
3. Submission of revised Covenants and Restrictions, dated March 30, 2016,
and the revised Access Easement, dated March 30, 2016.
William Cremers: Second.
Chairman Wilcenski: Motion made by Jim, seconded by Bill. Any discussion? All in
favor?
Ayes.
Motion carries.
Final Plat Determinations:
Chairman Wilcenski: Aries Estates - This proposal is for a Standard Subdivision of an
11.4-acre parcel into two lots, where Lot 1 equals 5.7 acres, including 3.3 acres of open
space, and Lot 2 equals 5.7 acres, including 3.2 acres of open space, in the R-80
Zoning District. The property is located at 3995 Private Road #1, approximately 334.1'
to the east of Stars Road, in East Marion. SCTM#1000-22-3-2
Martin Sidor:
WHEREAS, this proposal is for a Standard Subdivision of an 11.4-acre parcel into two
lots where Lot 1 equals 5.7 acres, including 3.3 acres of open space, and Lot 2 equals
5.7 acres, including 3.2 acres of open space, in the R-80 Zoning District; and
WHEREAS, on March 10, 2014, the Southold Town Planning Board granted Conditional
Final Approval upon the map entitled "Final Plat for the Subdivision Map Shawn Tully",
Southold Town Planning Board Page 110 April 4, 2016
prepared by Howard Young, L.S., dated June 25, 2010 and last revised October 1,
2013, subject to conditions to be completed prior to Final Plat Approval; and
WHEREAS, on April 9, 2015, the agent submitted a diagram showing reduced clearing
limits allowing a larger building envelope on proposed Lots 1 and 2; and
WHEREAS, on April 13, 2015, the agent submitted a letter stating that 35,000 sq. ft. is
not a large enough building area to allow appropriate aesthetic placement of a home, a
tennis court and a swimming pool; and
WHEREAS, on April 23, 2015, the Southold Town Board approved the security payment
in the sum of$34,520.00; and
WHEREAS, on April 27, 2015, the agent submitted a map showing the buildable area of
Lots 1 and 2 as 40,000 sq. ft.; and
WHEREAS, on May 18, 2015, the Planning Board reviewed the application at their
Work Session and agreed to allow a reduced clearing limit and an increase of the
building envelope on Lots 1 and 2 to 38,000 sq. ft. The Planning Board allowed this
because the applicant is proposing a sixty percent (60%) reduction in the number of lots
shown in the Yield Plan (from 5 lots to 2 lots); and
WHEREAS, on July 6, 2015, the agent submitted 8 prints of the Final Plat; and
WHEREAS, on July 10, 2015, the agent submitted an endorsed Suffolk County
Department of Health Services map; and
WHEREAS, on July 10, 2015, the agent submitted an endorsed Open Space
Conservation Easement; and
WHEREAS, on July 17, 2015, the agent submitted a revised endorsed Open Space
Conservation Easement; and
WHEREAS, on July 17, 2015, Planning Staff sent a letter to the agent that the utility
poles must be removed as stated as a condition of Conditional Final Approval; and
WHEREAS, on July 24, 2015, Planning Staff emailed the agent a list of items required
to be submitted to complete the legal document review; and
WHEREAS, on July 31, 2015, the agent submitted revised legal documents; and
WHEREAS, on September 1, 2015, the Open Space Easement, endorsed by the Town
Supervisor, was sent to the agent; and
WHEREAS, on October 2, 2015, the agent submitted a map showing the removal of the
telephone poles except for a connecting telephone pole at the end of the driveway; and
Southold Town Planning Board Page 111 April 4, 2016
WHEREAS, on November 5, 2015, the agent submitted a map showing the required
widening of the right-of-way area on the east side of the parcel; and
WHEREAS, on December 7, 2015, Planning Staff sent a letter to the agent requesting a
clarification of the development area; and
WHEREAS, on December 23, 2015, the engineer submitted a letter clarifying the
development area; and
WHEREAS, on March 7, 2016, the agent submitted copies of the Declaration of
Covenants and Restrictions, Liber D00012852 and Page 490, Open Space
Conservation Easement, Liber D00012855 and Page 101, Grant of Access Easement,
Liber D00012855 and Page 102, and Common Driveway Agreement, Liber D00012855
and Page 103, filed with the Office of the Suffolk County Clerk; and
WHEREAS, on March 22, 2016, the applicant submitted an email that stated that all
electrical wires have been placed underground; and
WHEREAS, on March 31, 2016, Planning Staff went out to the site and verified that
there were no visible wires on the property; and
WHEREAS, on April 4, 2016, the Planning Board, at their Work Session, reviewed the
submitted documents andfound 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 modifies the clearing
restriction requirements to allow an increase in the building envelopes from 21,198 sq.
ft. on Lot 1 and 24,590 sq. ft. on Lot 2 to 38,000 sq. ft. for Lot 1 and 2 pursuant to §240-
56 Waivers of Certain Provisions.
William Cremers: Second.
Chairman Wilcenski: Motion made by Martin, seconded by Bill. Any discussion? All in
favor?
Ayes.
Motion carries.
Martin Sidor: And be it further
RESOLVED, that the Southold Town Planning Board hereby waives, pursuant to §240-
24 of the Southold Town Code, the Final Plat Public Hearing, on the basis that there
were no changes to the Final Plat.
Southold Town Planning Board P a g e 1 12 April 4, 2016
William Cremers: Second.
Chairman Wilcenski: Motion made by Martin, seconded by Bill. Any discussion? All in
favor?
Ayes.
Motion carries.
Martin Sidor: And be it further
RESOLVED, that the Southold Town Planning Board hereby grants Final Plat
Approval upon the map entitled ""Final Plat for the Subdivision Map Shawn Tully",
prepared by Howard Young, L.S., dated June 25, 2010 and last revised October 20,
2015, and authorizes the Chairman to endorse the map.
William Cremers: Second.
Chairman Wilcenski: Motion made by Martin, seconded by Bill. Any discussion? All in
favor?
Ayes.
Motion carries.
Chairman Wilcenski: Robertson and Johnson - This proposed Lot Line Change will
transfer 0.46 acres from SCTM#1000-74-1-2 to SCTM#1000-67-3-10. SCTM#1000-67-
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. Tabled
Chairman Wilcenski: We need a motion to table Robertson and Johnson.
William Cremers: So moved.
James H. Rich Ill: Second.
Chairman Wilcenski: Motion made by Bill, seconded by Jim. Any discussion? All in
favor?
Ayes.
Motion carries.
Set Hearings:
Southold Town Planning Board Page 113 April 4, 2016
Chairman Wilcenski: Boccio, Michael & Jennifer - This proposal is to remove a 50'
right-of-way notation from Lot 4 of the previously approved subdivision map entitled
"Minor Subdivision of Robert T. Bayley dated May 20, 1976. The property is located on
s/s of Soundview Avenue, 854' W/of Kenney's Road, Southold. SCTM#1000-59-7-29.5
William Cremers:
WHEREAS, this proposal is to remove a 50' right-of-way notation from Lot 4 of the
previously approved subdivision map entitled "Minor Subdivision of Robert T. Bayley
dated May 20, 1976; therefore, be it
RESOLVED, that the Southold Town Planning Board sets Monday, May 2, 2016 at
6:01 p.m. for a Public Hearing upon the map entitled "Revised Subdivision Map of
Minor Subdivision Plat Made for Robert T. Bayley", prepared by Hands On Surveying,
Licensed Land Surveyors, dated May 20, 1976 and last revised February 3, 2016.
Martin Sidor: Second.
Chairman Wilcenski: Motion made by Bill, seconded by Martin. Any discussion? All in
favor?
Ayes.
Motion carries.
SUBDIVISIONS - STATE ENVIRONMENTAL QUALITY REVIEW ACT
(SEQRA)
SEQRA Draft Environmental Impact Statement Adequacy:
Chairman Wilcenski: Tuthill Conservation Subdivision - This proposal is for an
80/60 Conservation Subdivision of four parcels SCTM#s 1000-17-4-16, 1000-17-6-14.2,
1000-18-3-30.3 and 1000-18-6-17.3 (total area=112 acres) into 17 residential lots, with
94 acres to be preserved.
Pierce Rafferty: Mr. Chairman I offer the following:
WHEREAS, this proposal is for an 80/60 Conservation Subdivision of four parcels
SCTM#s 1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 and 1000-18-6-17.3 (total area
= 112 acres) into 17 residential lots, with 94 acres to be preserved. This project
proposes the transfer of yield pursuant to §240-42 G of the Southold Town Code, and is
further described as follows:
SCTM#1000-17-4-16 (North Dyer) equals 21 acres proposed to be subdivided into 6
lots where the lots range in size from 0.7 - 0.9 acres. This property includes a 0.7
Southold Town Planning Board Pdq e 1 14 April 4, 2016
acres private right-of-way and 15:6 acres of preserved subdivision open space
inclusive of 5.7 acres of unbuildable lands.
SCTM#1000-17-6-14.2 (South Dyer) equals 35.3 acres proposed to be subdivided
into 5 lots and includes a reserve area for agricultural related use where the lots
range in size from 0.5 - 0.9 acres; property includes a 0.5 acre right-of-way and 28.5
acres of open space inclusive of 14.6 acres of unbuildable lands.
SCTM#1000-18-3-30.3 (North Brown) equals 28.7 acres proposed to be subdivided
into 5 lots where the lots range in size from 0.7 - 0.8 acres. This property includes a
1.3 acre private right-of-way and 23.7 acres of open space inclusive of 2 acres of
unbuildable lands.
SCTM#1000-18-6-17.3 (South Brown) equals 26.9 acres proposed to be subdivided
where Lot 1 equals 0.92 acres. This property includes 25.5 acres of open space
inclusive of 0.62 acre of unbuildable lands; and
WHEREAS, the Planning Board recognizes that the applicant has proposed a 80/60
Conservation Subdivision that supports and meets many of the Town's goals; and
WHEREAS, due to the environmental, scenic and cultural sensitivity of the Hamlet of
Orient, the Planning Board has determined that the proposed action may result in a
moderate to large impact; and
WHEREAS, a Draft Environmental Impact Statement (DEIS) was submitted to the
Planning Board on February 11, 2016; and
WHEREAS, the Planning Board pursuant to SEQRA has 45 days to determine the
adequacy of the DEIS; and
WHEREAS, on March 23, 2016, Planning Staff sent a letter to the applicant requesting
an Extension of the Determination of Adequacy time frame from March 27, 2016 until
April 26, 2016; and
WHEREAS, the Southold Town Planning Board and the applicants have mutually
agreed to extend the DEIS Determination of Adequacy time frame as stated in a letter
received by the Planning Board dated March 30, 2016; and
WHEREAS, on April 4, 2015, the Planning Board, at their Work Session, reviewed the
DEIS and found it to be inadequate for public review pursuant to SEQRA; be it therefore
RESOLVED, that the time frame to determine the Determination of Adequacy on the
DEIS has been mutually extended from March 27, 2016 until April 26, 2016.
William Cremers: Second.
Southold Town Planning Board Page 1 15 April 4, 2016
Chairman Wilcenski: Motion made by Pierce, seconded by Bill. Any discussion? All in
favor?
Ayes.
Motion carries.
Pierce Rafferty: And be it further
RESOLVED, that the Planning Board, pursuant to SEQRA, hereby determines that the
DEIS is inadequate for public review.
William Cremers: Second.
Chairman Wilcenski: Motion made by Pierce, seconded by Bill. Any discussion? All in
favor?
Ayes.
Motion carries.
SITE PLANS
Determinations:
Chairman Wilcenski: Shizen/Oki-do, Ltd. - This proposed action requires a special
exception and site plan to construct a holistic health center with a total of 114 transient
motel rooms consisting of 23 guest lodges totaling 87 accessory motel units (14 lodges
containing 3 unit motel rooms & 9 guest lodges containing 5 unit motel rooms). The
remaining 27 motel units are to be located in the main spa building along with a 185
seat restaurant (103 private guest seats, 72 public guest seats), 10 public bar seats,
office space, retail gift shop, 27 personal service treatment suites and accessory uses.
The proposed action also involves a 3,864 sq. ft. private restaurant annex with 45-99
private guest seats and a covered 758 sq. ft. deck, 1,987 sq. ft. manager's residence
with a 687 sq. ft. deck, pool, a 7,205 sq. ft. maintenance and utility building, a sanitary
waste treatment facility, 1,160 sq. ft. for three (3) gazebos, man-made water features,'
replacement of the existing bulkhead, dredging of the 16 slip private marina basin, and
various outdoor amenities on a 18.7 acre parcel in the Mil Zone located approximately
3,278 ft. south of New York State Road 25 at the south east end of Shipyard Lane
known as 2835 Shipyard Lane in East Marion. SCTM #1000-38-7-7.1
James H. Rich Ill: Mr. Chairman I offer the following:
WHEREAS, this proposed action is to construct a holistic health center with a total of
114 transient motel rooms consisting of 23 guest lodges totaling 87 accessory motel
units (14 lodges containing 3 unit motel rooms & 9 guest lodges containing 5 unit motel
Southold Town Planning Board P a g e 1 16 April 4, 2016
rooms). The remaining 27 motel units are to be located in the main spa building along
with a 185 seat restaurant (103 private guest seats, 72 public guest seats), 10 public
bar seats, office space, retail gift shop, 27 personal service treatment suites and
accessory uses. The proposed action also involves a 3,864 sq. ft. private restaurant
annex with 45-99 private guest seats and a covered 758 sq. ft. deck, 1,987 sq. ft.
manager's residence with a 687 sq. ft. deck, pool, a 7,205 sq. ft. maintenance and utility
building, a sanitary waste treatment facility, 1,160 sq. ft. for three (3) gazebos, man-
made water features, replacement of the existing bulkhead, dredging of the 16 slip
private marina basin, and various outdoor amenities on a 18.7 acre parcel in the Marine
- II (M-ll) Zoning District; and
WHEREAS, on June 25, 2003, a Site Plan Application was submitted to the Planning
Board for review; and
WHEREAS, on July 11, 2006, 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 Type
action pursuant to Part 617.4 (b) (6) (i); and
WHEREAS, on August 14, 2006, the Southold Town Planning Board assumed lead
agency for this Type I Action; and
WHEREAS, on September 11, 2006, the Southold Town Planning Board adopted a
Positive Declaration for the proposed action; and
WHEREAS, on September 9, 2008, the Southold Town Planning Board received the
Draft Environmental Impact Statement (DEIS); and
WHEREAS, on November 18, 2008, the Southold Town Planning Board, after reviewing
the DEIS, deemed it inadequate for public review, and sent a letter that requested the
applicant submit a revised DEIS; and
WHEREAS, on February 26, 2013, the Southold Town Planning Board sent a letter to
the applicant's agent Patricia Moore that noted there had been no activity on this
application since November 18, 2008, and requested that the required items from that
letter be submitted within sixty days. The applicant was also provided with the
opportunity to explain why more time was needed if they could not submit the required
items in that time-frame, and put on notice that the application would be considered
withdrawn if no satisfactory explanation was provided; and
WHEREAS, on March 8, 2013, the applicant's agent, Patricia Moore, Esq., submitted a
letter providing the explanation for the delay and the need for more time, and requested
a meeting to discuss the timeline for their re-submission; and
Southold Town Planning Board P a g a 1 17 April 4, 2016
WHEREAS, on April 24, 2013, the Planning Board, after reviewing the March 8, 2013
letter, sent a letter to the applicant's agent, Patricia Moore, Esq., requesting that the
new information be submitted for review by all relevant agencies; and
WHEREAS, on May 7, 2015, the Planning Board returned unused funds to the applicant
that were being held by the Town to pay for review under the State Environmental
Quality Review Act due to the inactivity on the application; and
WHEREAS, on May 22, 2015, the applicant's agent, Patricia Moore, Esq., sent the
check back to the Planning Board stating that work was being conducted towards
submitting a revised DEIS; and
WHEREAS, on June 5, 2015, the Planning Board sent a letter to the applicant's agent,
Patricia Moore, Esq., returning the check referenced above, and requesting that revised
application materials be submitted; and
WHEREAS, as of April 1, 2016, there have been no formal submittals of any materials
to progress this application since September of 2008; and
WHEREAS, in the eight years that have passed with no formal activity on the
application, there have been changes to the Southold Town Code, changes to the
FEMA Flood Maps, and potential changes to the property itself due to a series of severe
storms during this interim which have rendered this application obsolete; be it therefore
RESOLVED, that the Southold Town Planning Board hereby denies, without
prejudice, the Site Plan entitled "GAZA Holistic Circle," prepared by Butt, Otruba and
O'Connor Architects, AIA, dated March 17, 2004 and last revised January 10, 2006,
including six (6) pages.
Martin Sidor: Second.
Chairman Wilcenski: Motion made by Jim, seconded by Martin. Any discussion? All in
favor?
Ayes.
Motion carries.
Chairman Wilcenski: 8 Hands Farm Amended - This Amended Site Plan is for the
proposed construction of a 24 x 42 (1,008 sq. ft.) steel building for cheese making to be
connected to an existing agricultural building by a 10 x 12 breezeway and add kitchen
and bathrooms to the existing farm stand on 27.5 acres (2 acre reserve; 25.5 acres
DRT) in the AC Zoning District. The property is located at 4735 Cox Lane, ±550' s/e/o
Cox Lane & CR 48, in Cutchogue. SCTM#1000-96-2-10.1
Martin Sidor:
Southold Town Planning Board Page 1 18 April 4, 2016
WHEREAS, this Amended Site Plan is for the proposed construction of a 24 x 42 (1,008
sq. ft.) steel building for cheese making to be connected to an existing agricultural
building by a 10 x 12 breezeway and add kitchen and bathrooms to the existing farm
stand on 27.5 acres (2 acre reserve; 25.5 acres DRT) in the AC Zoning District,
Cutchogue; and
WHEREAS, on October 30, 2014, William Kelly, authorized agent, submitted a Site Plan
Application for review; and
WHEREAS, on November 17, 2014, the Planning Board formally accepted the
application as complete for review; and
WHEREAS, on November 17, 2014, the Southold Town Planning Board, pursuant to
State Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617.5 (c), determined
that the proposed action is a Type II Action as it falls within the following description for
6 NYCRR, Part 617.5(c)(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 24' x 42' (1,008 sq. ft.) metal cheese making building accessory to an
existing farm operation including livestock production, general farming and a farm stand;
and
WHEREAS, on November 19, 2014, the Planning Board, pursuant to Southold Town
Code §280-131 C., distributed the application to the required agencies for their
comments; and
WHEREAS, the proposed action is exempt from Suffolk County Planning Commission
review because the proposed action is less than 5,000 sq. ft. of new floor area; and
WHEREAS, on November 25, 2014, the Architectural Review Committee reviewed the
proposed project and approved it as submitted; and
WHEREAS, on November 27, 2014, the Southold Town Fire Inspector reviewed and
determined that there was adequate fire protection and emergency access for the site;
and
WHEREAS, on November 27, 2014, the Cutchogue Fire District determined there was
adequate fire protection for the site; and
WHEREAS, on December 15, 2014, a public hearing was held and closed; and
WHEREAS, on December 15, 2014, 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
Southold Town Planning Board Page 119 April 4, 2016
WHEREAS, on January 7, 2015, the Town of Southold LWRP Coordinator reviewed the
above-referenced project and determined the proposed project to be consistent with
Southold Town LWRP policies; and
WHEREAS, at their Work Session held on January 12, 2015, the Southold Town
Planning Board reviewed the proposed Site Plan and determined that all applicable
requirements of the Site Plan Regulations have been met with exception of approval
from the Suffolk County Department of Health Services (SCDHS); and
WHEREAS, on March 29, 2016, the Suffolk County Department of Health Services
(SCDHS) granted approval to reference #C10-15-0002 for Market/Residence/Cheese
Processing/Barn/Garage @ 913.28 gallons per day; and
WHEREAS, on April 1, 2016, the Southold Town Chief Building Inspector reviewed and
certified the proposed Agricultural Building as a permitted use in the AC Zoning District;
and
WHEREAS, on April 4, 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.
William Cremers: Second.
Chairman Wilcenski: Motion made by Martin, seconded by Bill. Any discussion? All in
favor?
Ayes.
Motion carries.
Martin Sidor: And be it further
RESOLVED, that the Southold Town Planning Board approves the Site Plan entitled
"8 Hands Farm," prepared by Jeffrey T. Butler P.E., dated October 20, 2014 and last
revised March 25, 2016, and authorizes the Chairman to endorse the Site Plan
including the following four (4) plans:
1. 1 of 4: Overall Site Plan
2. 2 of 4: Partial Site Plan
3. 3 of 4: Details
4. 4 of 4: Partial Lighting Plan and Details
Southold Town Planning Board Page 120 April 4, 2016
William Cremers: Second.
Chairman Wilcenski: Motion made by Martin, seconded by Bill. Any discussion? All in
favor?
Ayes.
Motion carries.
Approval Extensions:
Chairman Wilcenski: Tidy Car - This Amended Site Plan is for the applicant to
conduct motor vehicle and accessory sales on a previously developed 1.49-acre parcel
located in the General Business Zoning District located at 3585 Youngs Avenue,
Southold. The property is located at 3585 Youngs Avenue, on the corner of Youngs
Avenue & CR 48, in Southold. SCTM#1000-55-5-2.2
William Cremers:
WHEREAS, this amended Site Plan is for the applicant to conduct motor vehicle and
accessory sales on a previously developed 1.49-acre parcel located in the General
Business Zoning District, pursuant to the decision of the Zoning Board of Appeals File
#SE6319; and
WHEREAS, on June 2, 2014, the Planning Board granted approval to the Site Plan
entitled "Tidy Car", prepared by Steven L. Maresca, P.E., dated December 21, 2005,
last revised May 7, 2014; and
WHEREAS, on October 13, 2015, the Planning Board notified the applicant that Site
Plan Approval had expired; and
WHEREAS, on November 11, 2015, William Penney Ill, owner, submitted a letter
requesting an Extension of Site Plan Approval; and
WHEREAS, at a Work Session held on April 4, 2016, 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 April 4, 2016 to April 4, 2017 on the Site Plan entitled
"Tidy Car", prepared by Steven L. Maresca, P.E., dated December 21, 2005, last
revised May 7, 2014.
Martin Sidor: Second.
Southold Town Planning Board Page 121 April 4, 2016
Chairman Wilcenski: Motion made by Bill, seconded by Martin. Any discussion? All in
favor?
Ayes.
Motion carries.
Set Hearings/ SEQRA Type Classifications:
Chairman Wilcenski: East End Tick & Mosquito Pest Control - This Site Plan is for
the proposed conversion of an existing building to a single family dwelling with an
attached business office with four (4) parking stalls on 0.25 acres in the Limited
Business (LB) Zoning District. The property is located at 36570 Route 25, ±420' s/w/o of
Skunk Lane & Main Road, Cutchogue. SCTM#1000-97-3-2
Pierce Rafferty: Mr. Chairman I offer the following:
WHEREAS, this Site Plan Application is for the proposed conversion of an existing
building to a single family dwelling with an attached business office with four (4) parking
stalls on 0.25 acres in the Limited Business (LB) Zoning District; 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.
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 sets Monday, May 2, 2016 at
6:02 p.m. for a Public Hearing regarding the Site Plan shown on the survey for
SCTM#1000-97-3-2, prepared by John T. Metzger, LLS, dated November 1, 2012 and
last revised March 14, 2016.
William Cremers: Second.
Southold Town Planning Board Page 122 April 4, 2016
Chairman Wilcenski: Motion made by Pierce, seconded by Bill. Any discussion? All in
favor?
Ayes.
Motion carries.
Chairman Wilcenski: Sports East Fitness Club - This Site Plan is for a proposed
multi-sport membership club consisting of an outdoor soccer field and five (5) tennis
courts, a 150' x 550' (82,500 sq. ft.) building to include a pool, basketball court, soccer
field and space for physical fitness activities with 224 parking spaces on 20.8 acres in
the R-80 Zoning District. The property is located at 9300 Route 25, ±141's/w/o Sigsbee
Road & NYS Route 25, Mattituck. SCTM#1000-122-7-9
James H. Rich Ill: Mr. Chairman I offer the following:
WHEREAS, this Site Plan is for a proposed multi-sport membership club consisting of
an outdoor soccer field and five (5) tennis courts, a 150' x 550' (82,500 sq. ft.) building
to include a pool, basketball court, soccer field and space for physical fitness activities
with 224 parking spaces on 20.8 acres in the R-80 Zoning District, Mattituck; and
WHEREAS, the Southold Town Planning Board, pursuant to State Environmental
Quality Review Act (SEQRA) 6 NYCRR, Part 617, has determined that the proposed
action is an Unlisted Action as it does not meet any of the thresholds of a Type I Action,
nor does it meet any of the criteria on the Type II list of actions; be it therefore
RESOLVED, that the Southold Town Planning Board has determined that this proposed
action is an Unlisted Action under SEQRA as described above.
William Cremers: Second.
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 the Southold Town Planning Board sets Monday, May 2, 2016 at
6:03 p.m. for a Public Hearing regarding the Site Plan entitled "Sports East Recreation
Club", prepared by L.K. McLean Associates, P.C., dated February 2016 and last revised
March 14, 2016.
Southold Town Planning Board Page 123 April 4, 2016
William Cremers: Second.
Chairman Wilcenski: Motion made by Jim, seconded by Bill. Any discussion? All in
favor?
Ayes.
Motion carries.
APPROVAL OF PLANNING BOARD MINUTES
Chairman Wilcenski: The last order of business is for the Board to approve the
minutes of: March 7, 2016.
James H. Rich III: 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.
James H. Rich III: I make a motion for adjournment.
Martin Sidor: Second.
Chairman Wilcenski: Motion made by Jim, seconded by Martin. Any discussion? All in
favor?
Ayes.
Motion carries.
Have a good evening.
Southold Town Planning Board Page 1 24 April 4, 2016
There being no further business to come before the Board, the meeting was adjourned.
Respectfully submitted,
t
Jessica Michaelis
Irli°442/414)4PC1:- Transcribing Secretary
Donald Wilcenski, Chairman