HomeMy WebLinkAboutPB-06/06/2016 if,�� MAILING ADDRESS:
PLANNING BOARD MEMBERS Ii#14�QF S0041P.O.Box 1179
DONALD J.WILCENSKI � ®l® Southold, NY 11971
Chair4g sig
OFFICE LOCATION:
WILLIAM J.CREMERS Town Hall Annex
PIERCE RAFFERTY �� 54375 State Route 25
JAMES H.RICH III ®l 'iI (cor. Main Rd. &Youngs Ave.)
MARTIN H.-1. y`°OMM Southold,NY
... 01-
Telephone: 631 765-1938
www.southoldtownny.gov
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
PUBLIC MEETING
MINUTES
June 6, 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 Planning Board meeting for May 2, 2016. The first order of
business is for the Board to set Monday, July 11, 2016 at 6:00 p.m. at the Southold
Town Hall, Main Road, Southold, as the time and place for the next regular Planning
Board Meeting.
James H. Rich III: Motion made.
William Cremers: Second.
Chairman Wilcenski: Motion made by Jim, seconded by Bill. Any discussion? All in
favor?
Ayes.
Motion carries.
Southold Town Planning Board Page 1 2 June 6, 2016
SUBDIVISIONS
Conditional Preliminary Plat Determinations:
Chairman Wilcenski: I am recusing myself from the next application; Vice-Chairman
Jim Rich will take over.
Vice-Chairman Rich: 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
Pierce Rafferty: Mr. Vice-Chairman, I offer the following:
WHEREAS, this proposal is for a Standard Subdivision of a 36.9 acre parcel into 12 lots
where Lot 1 equals 0.72 acres, Lot 2 equals 0.72 acres, Lot 3 equals 0.74 acres, Lot 4
equals 0.72 acres, Lot 5 equals 0.73 acres, Lot 6 equals 0.75 acres, Lot 7 equals 0.73
acres, Lot 8 equals 0.74 acres, Lot 9 equals 0.71 acres, Lot 10 equals 0.74 acres, Lot
11 equals 0.73 acres and Lot 12 equals 12.02 acres located in the A-C Zoning District.
This subdivision includes 15.20 acres of subdivision open space and 1.71 acres for a
proposed road; and
WHEREAS, on October 20, 2015, the agent submitted 12 sets of Preliminary Plats for
the Preliminary Plat Application; and
WHEREAS, on November 16, 2015, the agent submitted 6 copies of revised plans; and
WHEREAS, on November 19, 2015, the Planning Board at their Work Session reviewed
the application and requested that revisions to the Preliminary Plat be made; and
WHEREAS, on November 23, 2015, the agent submitted 7 copies of revised plans; and
WHEREAS, on December 7, 2015, the Planning Board reviewed the application with
regard to the moderate-income family dwelling unit requirement; and
WHEREAS, on December 10, 2015, the agent submitted a letter from the Office of
Parks Recreation and Historic Preservation; and
WHEREAS, on December 28, 2015, the agent submitted a response from the
Department of Environmental Conservation and a letter with regard to the affordable
housing requirement; and
WHEREAS, on January 7, 2016, the agent submitted a Letter of Water Availability from
the Suffolk County Water Authority; and
Southold Town Planning Board Page 13 June 6, 2016
WHEREAS, on January 11, 2016, the Planning Board, at their Public Meeting, agreed
to set the Preliminary Plat Public Hearing for their March 7, 2016 Public Meeting; and
WHEREAS, on February 9, 2016, the Planning Board set the Preliminary Plat Public
Meeting for their March 7, 2016 Public Meeting; and
WHEREAS, on February 10, 2016, referrals were sent out to all the applicable
agencies; and
WHEREAS, on February 23, 2016, the Planning Board, at their Public Meeting,
determined that the proposed action is considered an Unlisted Action under SEQRA;
and
WHEREAS, on February 26, 2016, the Suffolk County Planning Commission responded
to the referral request; and
WHEREAS, on February 29, 2016, the Mattituck Fire District responded to the referral
request; and
WHEREAS, on March 7, 2016, the Planning Board held and closed the Preliminary Plat
Public Hearing; and
WHEREAS, on March 8, 2016, the Local Waterfront Revitalization Program Coordinator
responded to the referral request; and
WHEREAS, on March 10, 2016, the Department of Environmental Conservation
responded to the referral request; and
WHEREAS, on March 25, 2016,'a referral was sent to the Southold Town Board of
Trustees; and
WHEREAS, on March 30, 2016, the agent submitted a revised Environmental
Assessment Form; and
WHEREAS, on March 30, 2016, the agent submitted a letter stating that the developers
are committed to using alternative methods of wastewater treatment for the proposed
subdivision and are committed to using the established Best Management Practices
regarding the use of fertilizers, herbicides and pesticides on the proposed subdivision
and the existing developed areas; and
WHEREAS, on March 31, 2016, the Office of the Town Engineer submitted a response
to the referral request; and
WHEREAS, on April 6, 2016, the agent submitted a Progress Print; and
Southold Town Planning Board Page 14 June 6, 2016
WHEREAS, on April 8, 2016, the Southold Town Trustees responded to the referral
request; and
. WHEREAS, on April 22, 2016, the Planning Board requested information to continue
review of the application; and
WHEREAS, on April 22, 2016, the Planning Board sent a memo to the Building
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Department; and
WHEREAS, on April 26, 2016, the agent submitted a Letter of Water Availability; and
WHEREAS, on May 2, 2016, the Planning Board, at their Work Session, reviewed'
allowed uses in the Open Space Easement; and
WHEREAS, on May 2, 2016, the Planning Board, pursuant to SEQRA, made a
Determination of Non-significance for the proposed action and granted a Negative
Declaration; and
WHEREAS, on May 3, 2016, the agent submitted a Tree/Shrub Inventory; and
WHEREAS, there are three uses on Lot 12, a riding academy (indoor riding arena), the
keeping, breeding and training of horses, and a single family dwelling. The Bulk
Schedule requires that these three uses have a minimum area of 13.67 acres; and
WHEREAS, Lot 12 is 12.21 acres in size, 1.46 acres less than the required minimum of
13.67 acres. The Planning Board has agreed to cluster Lot 12 pursuant to Article XI of
the Southold Town Code and due to the clustering of Lot 12, there is 1.46 acres of
subdivision Open Space associated with Lot 12 located in the Open Space; and ,
WHEREAS, on June 3, 2016, the Planning Board received a memo from the Southold
Town Building Department and the Office of the Town Attorney agreeing to cluster Lot
12; and
WHEREAS, on June 6, 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.
William Cremers: Second.
Vice-Chairman Rich: Motion made by Pierce, seconded by Bill. Any discussion? All in
favor?
Southold Town Planning Board Page 15 ' June 6, 2016
Ayes.
Motion carries.
Pierce Rafferty: And be it further
i
RESOLVED, that the Southold Town Planning Board hereby grants Conditional
Preliminary Plat Approval upon the map entitled "Estates at Royalton Preliminary
Plat", dated November 13, 2015, prepared by Howard Young, Land Surveyor, with the
following conditions:
1. Submission of a Final Plat Application meeting all the requirements of Section
240-20 of the Southold Town Code.
2. Two (2) moderate-income family dwelling units (MIFDU) are required pursuant to
§240-10 (B) (c) of the Southold Town Code. Indicate on the Final Plat Application
how the affordable housing requirement will be satisfied from the choices that are
available at the time that the Final Plat Application is submitted.
3. The Final Plat must include the following:
a. Revise the wording "Open Space Homeowners Common Element" to
"Open Space". 1
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b. Lot 12 is clustered pursuant to Article XI Cluster Development of the
Southold Town Code and has the three uses on the parcel
c. Show all proposed buffer areas. These renderings should show the
proposed amount, species, size and spacing of the trees.
d. Place a table on the map that shows the size of each lot, the Bulk
Schedule requirement for size, then the difference between the lot size
and the Bulk Schedule requirement.
e. Relocate the 4' wide trail on the west property line to allow,space between
the property line and the 4' wide trail.
4. The Final Road and Drainage Plan must include the following:
a. Show Street Trees pursuant to §161-44 of the Southold Town Code.
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-b. Show Street Lights pursuant to §161-46 of the Southold Town Code.
5. Submit the following draft legal documents:
a. Draft Homeowners Association By-laws
Southold Town Planning Board Page 16 June 6, 2016
b. Draft Road and Maintenance Agreements (this may be included in the
Homeowners Association By-laws)
c. Draft Covenants and Restrictions
d. Draft Open Space Conservation Easement
6. The following Covenants and Restrictions are required to be placed on the
property. Please note that additional C&Rs might be required after further review
of the application:
I
a. There are three uses on Lot 12, a riding academy (indoor riding arena),
the keeping, breeding and training of horses, and a single family dwelling.
The Bulk Schedule requires that these three uses have a minimum area of
13.67 acres.
Lot 12 is 12.21 acres in size, 1.46 acres less than the required minimum of
13.67 acres. The Planning Board has agreed to cluster Lot;12 pursuant to
Article XI Cluster Development of''the Southold Town Code and due to the
clustering of Lot 12, there is 1.46 acres of subdivision open' space
associated with Lot 12 located in the Open Space. i
I
b. There is a total of 13.63 acres of subdivision open space located in the
Open Space and it is associated with Lots 1-12.
c. Require the use of native, drought-tolerant plants in landscaping.
d. Require only the use of organic fertilizers where the water-soluble nitrogen
is no more than 20% of the total nitrogen in the mixture.
e. 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 1,000
square feet per year. �
1
f. Prohibit the application of fertilizer products containing nitrogen,
phosphorus, or potassium between November 1st and April 1st.
g. The use of phosphorous containing lawn fertilizer is prohibited unless
establishing a new lawn or soil test shows that the lawn does not have
enough phosphorus. Fertilizer labels have three bold numbers. The
number in the middle is the percentage of 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 indicates it is necessary.'
Southold Town Planning Board Page 17 1 June 6, 2016
h. No further subdivision.
William Cremers: Second.
Vice-Chairman Rich: Motion made by Pierce, seconded by Bill. Any discussion? All in
favor?
Ayes.
Motion carries.
I will now turn it back over to Chairman Wilcenski.
Chairman Wilcenski: Ridgway - 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
James H. Rich Ill:
WHEREAS, this proposal is to subdivide a 9.6 acre parcel into 3 clustered lots where
Lot 1 equals 4.3 acres inclusive of 2.4 acres of Open Space and 1.4 acres of
unbuildable land, Lot 2 equals 1.6 acres inclusive of 0.95 acres of Open Space and Lot
3 equals 3.7 acres inclusive of 1.1 acres of Open Space and 0.8 acres of unbuildable
land; and
WHEREAS, on August 3, 2015, the Southold Town Planning Board granted Conditional
Sketch Plat Approval upon the map prepared by Richard M. Strouse, Land Surveyor,
entitled "Sketch Plan for the Ridgway Clustered Subdivision prepared for EPR Fishers
Island Trust", dated December 11, 2002 and last revised June 15, 2015, with conditions;
and
WHEREAS, on December 11, 2015, the agent submitted a Preliminary Plat Application
and NYSDEC response to requests for natural heritage information; and
WHEREAS, on December 22, 2015, the Planning Board reviewed the application at
their Work Session and found the Preliminary Plat Application incomplete;with
Certificates of Occupancy to be submitted for all existing buildings on site; and
WHEREAS, on December 31, 2015, the applicant submitted Certificates of Occupancy
for all existing buildings on site and, as such, the Preliminary Plat Application was found
complete; and
Southold Town Planning Board 18 June 6, 2016
WHEREAS, on January 12, 2016, the Planning Board, at their Public Meeting, set the
Preliminary Plat Public Hearing and determined that the action is an Unlisted Action
under SEQRA; and
WHEREAS, on January 22, 2016, referrals were sent out to all applicable;agencies and
SEQRA Lead Agency was coordinated; and
WHEREAS, on February 4, 2016, the Office of the Town Engineer responded to the
referral request; and
WHEREAS, the February 8, 2016 Public Meeting was postponed due to inclement
weather and was rescheduled to February 22, 2016; and
a
WHEREAS, on February 10, 2016, the Department of Environmental Conservation
responded to the referral request; and
WHEREAS, on February 22, 2016, the Planning Board held the Preliminary Plat Public
Hearing open due to a noticing error; and
WHEREAS, on February 22, 2016, the Suffolk County Planning Commission responded
to the referral request; and
WHEREAS, on February 23, 2016, the Preliminary Plat Public Hearing wds held open;
and
WHEREAS, on February 25, 2016, the Fishers Island Fire District responded to the
referral request; and
WHEREAS, on February 26, 2016, the Local Waterfront Revitalization Program
Coordinator responded to the referral request; and
WHEREAS, on March_3, 2016, the agent submitted an Affidavit of Mailingiand Certified
Mail Receipts; and
WHEREAS, on.March 7, 2016, the Preliminary Plat Public Hearing was held and
closed; and
WHEREAS, on March 25, 2016, the Planning Board reviewed the application at their
Work Session and requested changes to the Preliminary Plat based upon Ireferral
comments received; and
WHEREAS, on April 25, 2016, the agent submitted revised plans; and
WHEREAS, on April 25, 2016, the agent submitted a letter from the Suffolk County
Health Department certifying that potable water is available; and
Southold Town Planning Board Page 1 9 ;_ June 6, 2016
WHEREAS, on May 17, 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.
William Cremers: Second.
Chairman Wilcenski: Motion made by Jim, seconded by Bill. Any discussion? All in
favor?
Ayes.
Motion carries.
James H. Rich Ill: And be it further
RESOLVED, that the Southold Town Planning Board hereby grants Conditional
Preliminary Plat Approval upon the map entitled "Ridgway Standard Subdivision
Prepared for Peter O. Crisp, as Trustee of EPF Fishers Island Trust II U/A", dated June
10, 2015'and last revised March 28, 2016, prepared by Richard M. Strouse, Land
Surveyor, with the following conditions:
1. Submission of a Final Plat Application meeting all-the requirements of Section 240-
20 of the Southold Town Code.
2. Submission of Draft Covenants and Restrictions (a template will be provided by the
Planning Department) with the following clauses (please note that not all clauses
that will be required are outlined below):
a. Require the use of native, drought-tolerant plants in landscaping.
-b. Require only the use of organic fertilizers where the water-soluble nitrogen
is no more than 20% of the total nitrogen in the mixture.
c. Require a maximum of 1 lb. of nitrogen per 1,000 square feet in any one
application, with a cumulative application of no more than 2 lbs. per 1,000
square feet per year.
d. Prohibit the application of fertilizer products containing nitrogen,
phosphorus, or potassium between November 1st and April [1st.
e. The use of phosphorous containing lawn fertilizer is prohibited unless
establishing a new lawn or soil test shows that the lawn does not have
7
Southold Town Planning Board P g o 110 June 6, 2016
enough phosphorus. Fertilizer labels have three bold numbers. The
number in the middle is the percentage of 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 indicates it is necessary.
f. The Preservation of the 60% Open Space will be included in the
Covenants and Restrictions; the following will be allowed in the Open
Space:
i. Conservation of open land in its natural state, including woodland,
fallow field or managed meadow. Clearing of woodland generally
prohibited, except as necessary to clear trails, removing invasive
species or to install subsurface sewage disposal systems.
ii. Game preserve, wildlife sanctuary, or other similar conservation
use.
iii. Neighborhood open space uses, picnic areas, community gardens,
trails, and similar low-impact passive recreational uses specifically
excluding motorized off-road vehicles, rifle ranges, and other uses
similar in character and potential impact as determined by the
Planning Board.
iv. Water supply and sewage disposal systems, and storm water
retention areas designed, landscaped, and available for use as an
integral part of the Open Space Area.
(a) Sanitary sewage disposal systems of either an individual or
community nature may be located within or extend into required
Open Space Areas provided that subsurface sewage'disposal
methods are employed, all required separation distances are
observed and the ownership and maintenance responsibilities
associated therewith are clearly defined in agreements submitted
• for approval as part of the subdivision application. Nolapplication
shall be approved that does not provide property owners with both
the legal authority and the responsibility, individually or collectively,
to maintain all sewer facilities on a continuing basis. This may
include the creation of a special district under Articles;12 and 12-A
of New York State Town Law.
(b) Conservation of water. It is the requirement of the Planning _
Board to return storm water to the ground within subdivisions. This
is to be done through the use of natural recharge basinsland/or
leaching basins and/or lots specifically designated as{drainage lots
to be used for no other purpose. In addition, applicants shall be
required to covenant that buildings and-structures shall be
Southold Town Planning Board Page 111 ; June 6, 2016
equipped with leaders, gutters and dry wells to return storm water
runoff to the ground.
v. Easements for drainage, access, sewer or water lines, or other
public purposes.
3. Submission of a Tidal Wetlands Permit, as required by the New York State
Department of Environmental Conservation, must be submitted to the Planning
Board prior to Final Plat approval.
William Cremers: Second.
Chairman Wilcenski: Motion made by Jim, seconded by Bill. Any discussion? All in
favor?
Ayes.
Motion carries.
Final Plat Extensions:
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 Light Industrial 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 Member Sidor is recused from this project.
William Cremers: �I
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 March 7, 2016, the Southold Town Planning Board granted Final Plat
Approval upon the map entitled "Final Plat for the Clustered Standard Subdivision of
Cutchogue Business Center", dated September 10, 2001 and last revisedJanuary 19,
2016, prepared by Martin Donald Hand, Land Surveyor; and
WHEREAS, the Final Plat must be filed with the Suffolk County Clerk by the applicant
- within 62 days of the date of Final Plat Approval or such approval shall expire; and
WHEREAS, on May 8, 2016, the approval expired; and
Southold Town Planning Board P a g e 112 June 6, 2016
WHEREAS, on May 25, 2016, the agent submitted a request for an extension of time to
file the approved subdivision map; be it therefore
RESOLVED, that the Southold Town Planning Board hereby grants an Extension of
Final Plat Approval for 62 days through July 9, 2016, on 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.
James H. Rich Ill: Second.
Chairman Wilcenski: Motion made by Bill, seconded by Jim. Any discussion? All in
favor?
Ayes.
Motion carries.
Final Plat Determinations:
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 at
8402 Soundview Avenue, on the s/s/o Soundview Avenue, 854' w/o Kenney's Road,
Southold. SCTM#1000-59-7-29.2
Martin Sidor:
WHEREAS, this proposal is to amend Lot 3 of the approved Minor Subdivision for
Robert T. Bayley which created 4 lots on 16 acres; and
WHEREAS, Jennifer and Michael Boccio own Lot 3, SCTM#1000-59-7-29.5, which
totals 4.5 acres which has upon it a 50' wide area noted as "Reserved for Possible
Future Dedication to the Town", running alongside a Long Island Power Authority power
line utility easement; and
WHEREAS, on June 23, 2015, the petitioner requested that the Southold Town
Planning Board consider removing the 50' wide area reserved delineation and notation
from Lot 3 of the approved subdivision map; and ,
WHEREAS, this 50' wide area with the above-referenced notation was created as a
condition of subdivision approval in the event adjacent properties were to be further
subdivided and the use of a connecting road would have been required; and
WHEREAS, the adjacent property has been subdivided and there is no connecting
road; and
Southold Town Planning Board Page 113 i June 6, 2016
WHEREAS, the Southold Town Planning Board has reviewed the file for the creation of
the above-referenced Minor Subdivision and has found no reason to keep the notation
on the map; and
WHEREAS, on May 2, 2016, a public hearing on the matter was held and, closed by the
Planning Board; be it therefore
RESOLVED, that the Southold Town Planning Board hereby grants Approval to the
petitioner's request to amend Lot 3 of the approved subdivision map known as "Minor
Subdivision Plat made for Robert T. Bayley" shown on the submitted map "Revised
Subdivision Plat made for Robert T. Bayley", dated May 20, 1976 and last revised
February 3, 2016.
William Cremers: Second.
Chairman Wilcenski: Motion made by Martin, seconded by Bill. Any discussion? All in
favor?
Ayes.
Motion carries.
SITE PLANS
Determinations:
Chairman Wilcenski: Cornell Properties Amended - This Amended Agricultural Site
Plan is for the proposed construction of a 60' x 25' (1,500 sq. ft.) addition to an existing
60' x 42' (2,520 sq. ft.) barn for agricultural equipment storage on 8.5 acre of Southold
Town Development Rights land in the R-80 Zoning District. The property is located at
2325 Hortons Lane, ±360' s/e/o County Road 48 and Hortons Lane, Soutlold.
SCTM#1000-63-1-1.5
James H. Rich Ill:
WHEREAS, this Amended Agricultural Site Plan is for the proposed construction of a
60' x 25' (1,500 sq. ft.) addition to an existing 60' x 42' (2,520 sq. ft.) barn for agricultural
equipment storage on 8.5 acres of Southold Town Development Rights land in the R-80
Zoning District, Southold; and
WHEREAS, on April 25, 2016, Clifford Cornell, Jr., owner, submitted an application for
Site Plan review; and
WHEREAS, the Southold Town Planning Board, pursuant to §280-133 C of the
Southold Town Code, has the discretion to waive any or all of the requirements in §280-
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Southold Town Planning Board ` P age 1 14 1 June 6, 2016
133 for those applications involving uses strictly related to agriculture as long as they
are not necessary to further the objectives set forth in Town Code §280-129 to maintain
public health, safety, and welfare. The Planning Board has found that this application is
eligible for a waiver of certain elements of the Site Plan requirements because it is an
agricultural use, the details of which are included in the Staff Report dated May 16,
2016; and'
WHEREAS, the Southold Town Planning Board, pursuant to Southold Town Code
§280-131 B (5), has the discretion to vary or waive the parking requirements for Site
Plan Applications where doing so would not have a detrimental effect on the public
health, safety or general welfare, and will not have the effect of nullifying the intent and .
provision of the Site Plan Requirements chapter of the Town Code. The Planning Board
has found that this application is eligible for a waiver of parking requirements because
there is no need to provide for parking - the application is for an agricultural use, the
building is for owner use only and the parcel is large in size relative to the:proposed
structure (less than 1% lot coverage); and
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WHEREAS, on May 19, 2016, the Planning Board formally accepted the agricultural
application as complete for review with additional information required; an'd
WHEREAS, on May 19, 2016, the Planning Board, pursuant to Southold Town Code
§280-131 C., distributed the application to the required agencies for their comments;
and
WHEREAS, the Southold Town Planning Board, pursuant to State Environmental
Quality Review Act (SEQRA) 6 NYCRR, Part 617.5 (c), has determined that the
proposed action is a Type II Action as it falls within the following description for 6
NYCRR, Part 617.5(c)(3) agricultural farm management practices, including
construction, maintenance and repair of farm buildings and structures, and land use
changes consistent with generally accepted principles of farming. The action is for the
construction of a 60' x 25' (1,500 sq. ft.) addition to an existing 60' x 42' (2,520 sq. ft.)
metal farm storage building; 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 May 24, 2016, the Southold Town Land Preservation Committee
reviewed the proposed action and determined it is consistent with the purposes and
other terms and conditions of the recorded easement; and
WHEREAS, on May 25, 2016, the Architectural Review Committee reviewed the
application and approved it as submitted; and
WHEREAS, on June 2, 2016, the Southold Town Fire Inspector reviewed and .
determined that there was adequate fire protection and emergency access for the site;
and
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Southold Town Planning Board Page 1 15 ! June 6, 2016
WHEREAS, on June 3, 2016, the Southold Town Engineer reviewed the above-
referenced application and has determined that the proposed building and site meet the
minimum requirements of Chapter 236 for Storm Water Management; and
WHEREAS, on June 6, 2016, the Town of Southold Local Waterfront Revitalization
Program Coordinator reviewed the above-referenced project and has determined the
proposed project to be consistent with Southold Town LWRP policies; and
WHEREAS, on June 6, 2016, the Southold Fire District determined there.was adequate
fire protection for the site; and
WHEREAS, on June 6, 2016, the Southold Town Chief Building Inspector reviewed and
certified the proposed Site Plan as a permitted use in the A-C Zoning District; and
WHEREAS, on June 6, 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; and
WHEREAS, the Southold Town Planning Board, pursuant to §280-131(H), may waive
the public hearing requirement for applications involving modifications to existing
structures with no substantial change to the existing footprint, where the Planning Board
determines that such modifications or any change in use will not require significant
changes to existing major site design features, as well as applications involving uses
strictly related to agriculture (but excepting retail winery operations). The Planning
Board finds this agricultural application eligible for this waiver due to the existing farm
operation that is consistent with the easement held by the Town of Southold Land
Preservation Committee, the small building addition (less than 1% lot coverage) to
expand the existing use on 8.5 acres and the orientation and substantial distance from
nearby residences; therefore, be it
RESOLVED, that the Southold Town Planning Board hereby waives certain Site Plan
Application requirements as noted above.
William Cremers: Second.
Chairman Wilcenski: Motion made by Jim, seconded by Bill. Any discussion? All in
favor?
Ayes.
Motion carries.
James H. Rich Ill: And be it further
RESOLVED, that the Southold Town Planning Board hereby waives the parking
requirements as noted above.
Southold Town Planning Board P a g e 1 16 June 6, 2016
William Cremers: Second.
Chairman Wilcenski: Motion made by Jim, seconded by Bill. Any discussion?All in
favor?
.
Ayes.
Motion carries.
James H. Rich Ill: And be it further .
RESOLVED, that the Southold Town Planning Board hereby waives the public hearing
requirement as noted above.
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 has determined that this proposed
action is a Type II Action and not subject to review under SEQRA.
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 has determined that this proposed
action is consistent with the policies of the Town of Southold Local Waterfront
Revitalization Program.
William Cremers: Second.
i
Southold Town Planning Board Page 1 17 June 6, 2016
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 grants Approval to the Site Plan
entitled "Cornell Properties" prepared by Howard W. Young, LLS, dated June 25, 2012
and last revised July 23, 2012, and authorizes the Chairman to endorse the Site Plan.
William Cremers: Second. .
Chairman Wilcenski: Motion made by Jim, seconded by Bill. Any discussion? All in
favor?
Ayes.
Motion carries.
Chairman Wilcenski: Braun Seafood Retail Store - This Site Plan is for the proposed
conversion of an existing 1,128 sq. ft. residential dwelling to retail use on 0.4 acres in
the General Business (B) Zoning District. The property is located at 31000 Route 25,
±430' n/e/o of Stillwater Avenue & Main Road, Cutchogue. SCTM#1000-103-1-1
Martin Sidor:
WHEREAS, this Site Plan is for the proposed conversion of an existing 1,128 sq. ft.
residential dwelling to retail use on 0.4 acres in the General Business (B) Zoning
District, Cutchogue; and
WHEREAS, on March 27, 2015, Michael Kimack, authorized agent, submitted a Site
Plan Application for review; and
WHEREAS, on April 20, 2015, the Planning Board found the application incomplete for
review and required additional information; and
WHEREAS, on May 8, 2015 and May 18, 2015, Michael Kimack, authorized agent,
submitted a revised Site Plan Application for review; and
WHEREAS, on May 21, 2015, the Planning Board formally accepted the application as
complete for review; and
Southold Town Planning Board P a g e 1 18 I June 6, 2016
WHEREAS, on May 22, 2015, the Planning Board, pursuant to Southold Town Code
§280-131 C., distributed the application to the required agencies for their;comments;
and
{
WHEREAS, on June 1, 2015, the Southold Town Planning Board, pursuant to State
Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617.5 (c), determined that
the proposed action is a Type II Action as it falls within the following description for 6
NYCRR, Part 617.5(c)(7) construction or expansion of a primary or
accessory/appurtenant, non-residential structure or facility involving less than 4,000
square feet of gross floor area and not involving a change in zoning or a Use Variance
and consistent with local land use controls, but not radio communication or microwave
transmission facilities; 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 May 27, 2015, the Southold Town Fire Inspector reviewed and
determined that there was adequate fire protection and emergency access for the site;
and
WHEREAS, on June 17, 2015, the Architectural Review Committee reviewed the
proposed project and approved it as submitted; and 1
i
WHEREAS, on June 19, 2015, the Town of Southold Local Waterfront Revitalization
Program Coordinator reviewed the above-referenced project and determined the
proposed project to be consistent with Southold Town LWRP policies; and
1
WHEREAS, on June 22, 2015, the Cutchogue Fire District determined there was
adequate fire protection for the site; and
WHEREAS, on June 27, 2015, the Southold Town Engineer reviewed they,above-
referenced application and determined that the proposed drainage meets the minimum
requirements of Chapter 236 for Storm Water Management; and
1
WHEREAS, on July 6, 2015, a public hearing was held and closed; and
1
WHEREAS, at their Work Session held on July 23, 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
i
WHEREAS, on August 21, 2015, the Southold Town Chief Building Inspector reviewed
and certified the proposed retail use as a permitted use in the General Business (B)
Zoning District; and
1
Southold Town Planning Board Page 1 19 ' June 6, 2016
1
WHEREAS, on May 21, 2016, the Suffolk County Department of Health Services
(SCDHS) granted approval to reference #C10-16-0001 for Mixed Uses @ 1042 gallons
per day; and
WHEREAS, on June 6, 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. 1
William Cremers: Second.
Chairman Wilcenski: Motion made by Martin, seconded by Bill. Any discussion? All in
favor?
Ayes.
i
Motion carries.
Martin Sidor: And be it further
I
RESOLVED, that the Southold Town Planning Board approves the Site Plan with two
(2) conditions entitled "Brauns", prepared by Mark K. Schwartz, R.A., dated May 22,
2015, and authorizes the Chairman to endorse the Site Plan.
Conditions:
1. Prior to the issuance of a Certificate of Occupancy, a Cross Access
Easement must be filed with the Office of the Suffolk County Clerk and
proof of filing must be provided to this department; 1
1
2. Any exterior signage must be compliant with §280-80 and approved by the
Planning Board prior to installation.
William Cremers: Second.
Chairman Wilcenski: Motion made byMartin, seconded byBill. Anydiscussion? All in
favor?
Ayes.
Motion carries.
Southold Town Planning Board Page 120 June 6, 2016
Approval Extensions:
Chairman Wilcenski: De Art of Nature - This approved Site Plan is for a 17,888 sq. ft.
addition to an existing 37,183 sq. ft. glass greenhouse structure and two '(2) new office
trailers @ 720 sq. ft each on a 5.8 acre parcel in the A-C Zoning District. The property
is located at 23423 CR 48, ±900' east of Cox Lane and CR 48, Cutchogue.
SCTM#1000-84-1-10.4 f
1
William Cremers: 1
i
,
WHEREAS, this Site Plan is for a 17,888 sq. ft. addition to an existing 37183 sq. ft.
glass greenhouse structure and two (2) new office trailers @ 720 sq. ft. each on a 5.8
acre parcel in the A-C Zoning District, Cutchogue; and
WHEREAS, on May 5, 2012, the Southold Town Zoning Board of Appeals reviewed the
application and request for Variances, whereby granting the Variances as applied for
with three (3) conditions for the Site Plan, dated December 15, 2011, prepared by
Garrett A. Strang, Architect; and i
I
WHEREAS, on August 13, 2012, the Southold Town Planning Board granted approval
on the Site Plan entitled "Proposed Greenhouse Addition for De Art of Naure", prepared
by Garrett A. Strang, R.A., dated December 15, 2011 and last revised June 29, 2012;
and
II
WHEREAS, on February 14, 2014, the Site Plan Approval expired; and
WHEREAS, on May 2, 2014, the agent, Garrett Strang, submitted a request for an
Extension of Site Plan Approval due to several circumstances including weather related
matters; and
1
WHEREAS, on June 2, 2014, the Planning Board extended the Site Plan Approval for
one (1) year to August 14, 2015; and
WHEREAS, on August 14, 2015, the Site Plan Approval expired; and
i
WHEREAS, on April 18, 2016, the Planning Board notified the applicant that the
Extension of Site Plan Approval had expired; and
WHEREAS, on May 18, 2016, Eddy Creces, owner, submitted a letter requesting an
Extension of Site Plan Approval in order to complete on-site construction that was
delayed due to several circumstances including refocusing of funds to another site and
possibly reducing the scope of the project; and
WHEREAS, ata Work Session held on June 6, 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
Southold Town Planning Board Page 1 21 June 6, 2016
.
RESOLVED, that the Southold Town Planning Board grants an Extension of Site Plan
Approval for one (1) year from June 6, 2016 to June 6, 2017 on the Site Plan entitled
"Proposed Greenhouse Addition for De Art of Nature", prepared by Garrett A. Strang,
R.A., dated December 15, 2011 and last revised June 29, 2012.
Martin Sidor: Second.
Chairman Wilcenski: Motion made by Bill, seconded by Martin. Any discussion? All in
favor?
Ayes.
Motion carries.
Chairman Wilcenski: Crescent Beach Condominiums Storage Facility - This
approved Site Plan is for the demolition of an existing barn and the proposed
construction of a 2,797 sq. ft. one-story storage facility on 0.41 acres in the RR Zoning
District. The property is located at 1985 Maple Lane, ±2,000' s/e/o NYS Rt. 25 & Maple
Lane, Greenport. SCTM#1000-35-8-3.2
Pierce Rafferty: Mr. Chairman, I offer the following:
WHEREAS, this Site Plan is for the demolition of an existing barn and the proposed re-
construction of a 2,797 sq. ft. one-story storage facility on 0.41 acres in the RR Zoning
District, Greenport; and
WHEREAS, on August 13, 2012, the Southold Town Planning Board granted approval
on the Site Plan entitled "New Storage Building for Greenport Crescent Beach
Association", prepared by Brandon K. Hamchuk, R.A., dated June 11, 2013, Sheet A-1,
last revised July 8, 2014; and {
WHEREAS, on February 5, 2016, the Site Plan Approval expired; and
WHEREAS, on May 9, 2016, Joseph Hrzich, owner, submitted a request for an
Extension of Site Plan Approval and a request for a final site inspection; and
i
WHEREAS, at a Work Session held on June 6, 2016, the Planning Board,reviewed the
application and determined the expired Site Plan is in compliance with current rules and
regulations; be it therefore
I
RESOLVED, that the Southold Town Planning Board grants an Extension of Site Plan
Approval for one (1) year from June 6, 2016 to June 6, 2017 on the Site Plan entitled
"New Storage Building for Greenport Crescent Beach Association", prepared by-
Brandon K. Hamchuk, R.A., dated June 11, 2013, Sheet A-1, last revised July 8, 2014.
1
Southold Town Planning Board Page 122 June 6, 2016
I
James H. Rich Ill: Second.
Chairman Wilcenski: Motion made by Pierce, seconded by Jim. Any discussion? All in
favor?
Ayes. 1
Motion carries.
1
Chairman Wilcenski: Showalter Farms - This approved Site Plan is for;a horse farm
and riding academy, and includes one 24' x 30' (720 sq. ft.) 3-stall barn, two 24' x 10'
(240 sq. ft.) 2-stall barns, an outdoor riding/training area approximately 140' x 270' and
twelve (12) parking stalls on 24.2 acres in the A-C Zoning District. The property is
located at 18625 Main Road, ±1,190' w/o Elijah's Lane, in Mattituck. SCTM#1000-108-
4-1.4
1
James H. Rich Ill:
WHEREAS, this proposed Site Plan is to construct one (1) 24' x 30' 3-stal portable
barn, two (2) 24' x 10' 2-stall portable barns, an outdoor sand training area and twelve
parking stalls, 2 trailer parking stalls on 24.2 acres in the A-C Zoning District, Mattituck;
and "
i
WHEREAS, on December 15, 2014, the Planning Board granted approval to the Site
Plan entitled "Showalter Farm", prepared by Raymond W. Nemschick, dated June 20,
2014 and last revised November 18, 2014; and -
WHEREAS, on March 23, 2016, the Planning Board notified the applicant of the
impending Site Plan Approval expiration; and
WHEREAS, on May 5, 2016, Chris Showalter, owner, submitted a letter requesting an
Extension of Site Plan Approval and provided reasoning that the Approved Site Plan
was not entirely completed due to financial considerations and preceding weather; and
WHEREAS, at a Work Session held on June 6, 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 June 6, 2016 to June 6, 2017 on the Site Plan entitled
"Showalter Farm", prepared by Raymond W. Nemschick, dated June 20, 2014 and last
revised November 18, 2014.
William Cremers: Second.
Southold Town Planning Board Page 123 June 6, 2016
Chairman Wilcenski: Motion made by Jim, seconded by Bill. Any discussion?All in
favor?
Ayes.
Motion carries.
Set Hearings/ SEQRA Type Classifications:
Chairman Wilcenski: Fishers Island Club Addition - This Amended Site Plan is for
the proposed addition of 10,471 sq. ft. to expand the existing use areas Within the club
house and increase the existing 14,270 sq. ft. Fishers Island Country Club to 24,741 sq.
ft., including the addition of 28 parking stalls and a new sanitary system on 12.3 acres in
the R-120 Zoning District. The property is located ±820t s/w/o of East Main Road & East
End Road, Fishers Island. SCTM#1000-4-6-9
Martin Sidor:
WHEREAS, this Amended Site Plan is for the proposed addition of 10,471 sq. ft. to
expand the existing use areas within the club house and increase the existing 14,270
sq. ft. Fishers Island Country Club to 24,741 sq. ft., including the addition[of 28 parking
stalls and a new sanitary system on 12.3 acres in the R-120 Zoning DistriOt, Fishers
Island; 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 a1Type 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 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 sets Monday, July 11, 2016 at
6:01 p.m. for a Public Hearing regarding the Site Plan entitled "Fishers Island Club",
prepared by CME Associates, dated March 22, 2016 and last revised April 26, 2016.
Southold Town Planning Board Page 124 June 6, 2016
William Cremers: Second.
Chairman Wilcenski: Motion made by Martin, seconded by Bill. Any discussion? All in
favor?
Ayes.
Motion carries.
Chairman Wilcenski: Fox Lane Residences - This proposed Site Plan is for the
construction of four (4) tenant-occupied affordable housing units in three structures; two
at 1,282 sq. ft., one at 1,784 sq. ft., and one at 507 sq. ft. on 0.75 acres in the AHD
Zoning District, Fishers Island. The property is located ±350' n/w/o Fox Lane &Whistler
Avenue, Fishers Island. SCTM#1000-12-1-1.2
William Cremers:
WHEREAS, this proposed Site Plan is for the construction of four (4) tenant-occupied
affordable housing units in three structures: two at 1,282 sq. ft., one at 1,784 sq. ft., and
one at 507 sq. ft. on 0.75 acres in the AHD Zoning District, Fishers Island;; 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
1
I
RESOLVED, that the Southold Town Planning Board has determined that this proposed
action is an Unlisted Action under SEQRA as described above. ,
,
Martin Sidor: Second. I
1
Chairman Wilcenski: Motion made by Bill, seconded by Martin. Any discussion? All in
favor?
,
Ayes. j
Motion carries.
William Cremers: And be it further
I
RESOLVED, that the Southold Town Planning Board sets Monday, July 11, 2016 at
6:02 p.m. for a Public Hearing regarding the Site Plan entitled "The Fox Lane
Residences", prepared by CME Associates, dated December 16, 2015.
Martin Sidor: Second.
Southold Town Planning Board Page 125 June 6, 2016
Chairman Wilcenski: Motion made by Bill, seconded by Martin. Any discussion? All in
favor? '
{
Ayes.
Motion carries.
PUBLIC HEARINGS
Chairman Wilcenski: 6:01 pm - Roy Reeve & Raymond Nine - This proposed Lot
Line Change will transfer 0.21 acres from SCTM#1000-114-11-22.2 to SCTM#1000-
114-11-9.6. SCTM#1000-114-11-9.6 will increase from 0.83 acres to 1.04 acres;
SCTM#1000-114-11-22.2 will decrease from 1.10 acres to 0.89 in the HB and R-40
Zoning Districts. The property is located at 13400 Route 25 & 855 New Suffolk Avenue,
approximately 478' east of Love Lane, in Mattituck. I
Chairman Wilcenski: At this time I would like to ask anyone from the audience if they
would like to address the Board to step to one of the podiums, state your name and
write your name for the record.
Karen Hoeg: Good evening, Karen Hoeg from the law firm Twomey, Latham and Shea,
I have some additional green card receipts as well as a letter from Thomas McCarthy
Real Estate in support of the application I'd like to submit.
Chairman Wilcenski: You can give that to Aly, thank you.
1
Karen Hoeg: I am here on behalf of the applicant, 13400 Main Road Corp. the
Raymond Nine Trust is the owner of the adjoining parcel a part of which is the subject of
this lot line modification application, Mr. Nine and his family are in attendance this
evening. The application, as stated, is for lot line modification involving two parcels; tax
lot 9.6 is the property belonging to 13400 Main Road Corp. and contains 36,364 square
feet located in the HB Zone, it is improved with a one story commercial building. Tax lot
22.2, property of the Raymond Nine Trust, is 48,247 square feet located within the HB
and R-40 district, the Nine lot is improved with a single family dwelling, a pool and a two
accessory garages, the HB portion of that parcel has a permitted use of stand and gravel
storage. We are seeking a lot line modification to transfer 9,258 square feet from the
Nine parcel to lot 9.6, as you can see from the map this area is in the rear of both
parcels. As a result of the transfer lot 9.6 will increase to .83 acres and lot 22.2 will
decrease from 1.10.acres to .89 acres, the transfer will allow lot 9.6 to expand its
parking in the rear of its building. A ZBA determination was issued on October 15, 2015
granting the lot line change and requiring Town Planning Bboard site plan approval. The
site plan application was filed with the Town and we are in the process of!some map
i
Southold own Planning Board Page I 26 June 6, 2016
revisions. The applicant agrees that as a condition of any lot line change determination
that the applicant will proceed with the site plan process as required and*ill provide a
covenant and restriction to the Town stating that there will be no further subdivision of
lot 9.6. Although a health department application has been filed, we respectively request
that a lot line determination be rendered prior to receiving approval from the Suffolk
County Department of Health. I am happy to answer any questions that the Board may
have.
1
Chairman Wilcenski: Okay, does anyone have any questions? None. Would anyone
else from the audience like to address the Planning Board on Roy Reeve and Raymond
Nine? Anyone? Seeing none.
James H. Rich III: I make a motion to close the hearing. I
i
William Cremers: Second.
Chairman Wilcenski: Motion made by Jim, seconded by Bill. Any discussion? All in
favor? j
• Ayes. 11
Motion carries. 1
Chairman Wilcenski: 6:02jpm -Joint Industry Board & McBride - This proposed re-
subdivision will reconfigure the lot lines of two parcels, SCTM#1000-83-2-17.1 (28.7 ac)
and SCTM#1000-83-2-16 (30.8 ac), with no change to the current lot sizes . Currently
both parcels front on and run perpendicular to Oregon Road. The proposed re-
subdivision would result in the majority of the road frontage shifting to Lot116. Lot 17.1
would be located behind (to the northwest) of Lot 16. This proposal is located in the AC
and RR Zoning Districts. The property is located at 10475 Oregon Road, Cutchogue.
Chairman Wilcenski: If anyone would like to address the Board please step to one of
the podiums, state your name and write your name.
1
Charles Cuddy: Good evening, Charles Cuddy for the applicant, with me;is Vito Mundo
who is the attorney for the Joint Industry Board Electrical workers and William Moore
who is the attorney for the McBrides. Basically what this is doing is taking two vertical
lots and turning them into horizontal lots, it allows the Electrical Industry to have a buffer
along its property to the north and it allows the McBride's to have a wider,'much wider
farm along Oregon Road. I think it's an appropriate division of land, I know you are
treating it as a re-subdivision, but frankly it's a subdivision that doesn't harm anyone and
ends up with exactly, as you said, the same amount of land for each of them so that the
Joint Industry Board ends up with 28 acres and the McBrides with 30 acres, and I ask
that it be approved, thank you.
M
{
Southold Town Planning Board Page 127 j June 6, 2016
Chairman Wilcenski: Thank you Mr. Cuddy. Would anybody else like to address the
Planning Board? Please step to the podium, state your name and write your name for
the record.
Gary Long: Hi, my name is Gary Long and I am a property owner adjacent to the
proposed re-subdivision.
1
Chairman Wilcenski: If you could just speak up sir, into the microphone.
Gary Long: Sure. I am a homeowner adjacent to the proposed re-subdivision. So, as
stated by one of the attorneys here, the proposed re-subdivision plan is to use it as a
buffer zone for the Electrical Union. So my question is why would they need, this ROW
if it's a buffer zone to the Oregon Road entrance as you see stated on the site map?
Chairman Wilcenski: It's to gain access to the rear property.
i
Gary Long: Ok, so they already own the residential resort property up ahead so they
actually have access from the resort that is theirs already, so it still doesn't answer my
question. They have access from the north end. 1
Chairman Wilcenski: I'll ask Mr. Cuddy if he'd like to respond to that.
1
Charles Cuddy: The site, if you're familiar with it, is very steep in the back so the only
access they have now is from Oregon Road. They are just retaining that access, they're
not, this is not double access there is only one way to get in and that's the only way you
can get in.
,I
Gary Long: Ok, so my question is the ROW, if it's a ROW, according to my research, at
least on the internet, it would basically not be owned by the Electrical Union it would be
that McBride would be allowing a right of way to this property, is this correct?
Chairman Wilcenski: No.
Charles Cuddy: No.
Gary Long: I just wanted to know why it's called a ROW if that's not the right usage of
it?
1
Charles Cuddy: Only because the engineer chose to term it that way, but it's not a right
of way it's an actual access way.
Gary Long: So it's more, the way I look at it- II
Chairman Wilcenski: Excuse me; you can't have a conversation you have to address
the Board. I appreciate you answering Charles but please address the Board,i thank
you.
Southold Town Planning Board Page 128 June 6, 2016
Gary Long: Sure, so my question is then to the Board, from a legal point of view then it
really looks like a flag lot, in a sense. If it is not a ROW then it is an access road to their
property?
Chairman Wilcenski: Right but as Mr. Cuddy stated, the reason why they're looking for
access to Oregon Road from there is because of the steep grade in the back of the
property towards the sound.
1
Gary Long: Ok, so I am an officer for Woodbine Manor, gentlemen and ladies, I am one
of the four officers, we're here, a few of us are here to just ask a little bit about what is
going to happen to that property as a buffer zone and what could happen; to it, what will
the future plans be possibly. We are interested because we've had issue of water.
runoff onto land, homeowner's residential property from that north side to the point
where water was entering garages and basements. We've been in discussion with them
for the past several years and were at a stalemate now where our property association
is probably going to take up the responsibility to fix the problem with bursror berms
rather or some sort of engineering solution. My question is, to the Board,,if this property,
will it be just a buffer zone or is there a future disclosure that possibly we'could have as
an association to know what the future use of this property would be.
Chairman Wilcenski: I'll ask Mr. Cuddy if he has a comment on that.
Charles Cuddy: Mr. Mundo is here and I think that they would be glad toy meet with
your association and discuss with you what your plans are; right now they, don't have
another plan for it.
Chairman Wilcenski: Thank you.
Gary Long: Ok, I just wanted to make the Board clear that if there was a i y further
development on that property, if there could be even with variances or wh11atever, it
would definitely have to be a discussion with us because of that farm runoff , the water
runoff that actually is imposing upon our association and the residents that live there.
also am just a bit concerned as well as this road now, it's really a right of way but it's
owned by the Joint Electrical Union. What is the proposal for this road, quote, unquote
road, will it be paved or will it be left in an unpaved position where it is farmed by
McBride, I just thought maybe we should know that because again our properties are
abutting that road.
Chairman Wilcenski: Charles can you answer that question.
Charles Cuddy: It's not intended to be farmed and it will be a hard surface at this point
I don't think they intend to pave it.
Gary Long: Ok, so it's not intended to be farmed. And I also wanted the Board to know
they own that residential piece on Oregon Road there's a house there and they're left
Southold Town Planning Board Page 129 June 6, 2016
property in back of that too and that will sort of make the property look as though it has
a large back yard there so my question is what will that property become', will it be an
extension of that back yard to left to tall grass? Again our property owners are abutting
against that and we've been there for quite some time now, for about 20 ;years, so I
think we have a right to know what's going to happen to that large back yard as well, is
it going to be extended as residential property, because it doesn't quite indicate that on
the map, or will it be included in the AC property zoning.
Chairman Wilcenski: That is something we would have to ask Mr. McB fide, I don't
know if Mr. Moore if you have the answer to that.
William Moore: I don't have it right now, I am assuming though- ,
Chairman Wilcenski: You have to step to the microphone, I'm sorry.
William Moore: William Moore for the McBrides, the gentlemen have not told me what
they intend to do if it gets reconfigured this way, I can't answer that. I assume it,would
be farmed but I wouldn't want to say that for certain.
Chairman Wilcenski: Thank you.
Gary Lonq: I am misunderstanding what you asked him because I am talking about the
property directly in back of this house; there is a slice of it right before it gets to the road.
It looks as though that's actually part of the residential piece, the back yard of the
residential piece owned by the Electrical Union so it really doesn't concern McBride, am
I wrong?
Chairman Wilcenski: You are right; it was my mistake I apologize. So M . Cuddy and
Bill I apologize, I misread the dark line, so from the right of way to the east all the way
over to the property line.
Charles Cuddy: I understand what he is speaking of, yes we are going to be, the
Electrical Industry will maintain that piece as residential.
Gary Lonq: Ok, so my last question is then this residential piece is basically still
residential, am I correct to understand that?
Chairman Wilcenski: Yes.
Gary Lonq: And it's been cut out, was that piece that is going to be retained residential
was it ever AC because I know it's farmed now, because my piece is actually right there
that's where my acre and a half is. I know I've seen farm there for the last 20 years so
my question again is I guess they'll just let it go to residential and McBride',won't farm it
anymore? They'll let it grow to weed maybe?
Chairman Wilcenski: McBride doesn't own it.
Southold Town Planning Board Page 130 1 June 6, 2016
Charles Cuddy: That's right, McBride is not going to own it.
Gary Long: Right, alright so thank you very much for hearing me out.
Chairman Wilcenski: Would anyone else like to address the Board on the Joint
Industry Board and McBride application? Anyone?
William Cremers: I make a motion to close the hearing.
Chairman Wilcenski: Second.
Chairman Wilcenski: Motion made by Bill, seconded by Don. Any discussion? All in
favor?
Ayes.
Motion carries.
Chairman Wilcenski: 6:03 pm - Craft Master Hops - This Agricultural Site Plan is for
the proposed construction of a 120' x 60' (7,200 sq. ft.) frame barn for agricultural
storage on Suffolk County Development Rights land; 19.9 acres in the A ;C Zoning
District. The property is located at 10765 CR 48, ±1,400' s/w/o Wickham Avenue and
CR 48, Mattituck. SCTM#1000-108-1-1.1
Chairman Wilcenski: At this time I'd like to ask anyone from the audience if they would
like to address the Board, please step to one of the podiums, state your name, write
your name and address the Board with any of your comments. Anyone? Seeing and
none.
William Cremers: I make a motion to close the hearing. 1
Martin Sidor: Second.
Chairman Wilcenski: Motion made by Bill, seconded by Martin. Any discussion? All in
favor?
Ayes.
Motion carries.
Chairman Wilcenski: Now we'd like to read a prepared resolution for this application.
Chairman Wilcenski: Craft Master Hops - This Agricultural Site Plan is for the
proposed construction of a 120' x 60' (7,200 sq. ft.) frame barn for agricultural storage
on Suffolk County Development Rights land; 19.9 acres in the A-C Zoning District. The
property is located at 10765 CR 48, ±1,400' s/w/o Wickham Avenue and CR 48,
Mattituck. SCTM#1000-108-1-1.1
Southold Town Planning Board Page 131 June 6, 2016
Pierce Rafferty:
WHEREAS, this proposed Agricultural Site Plan is for the construction of a 120' x 60'
(7,200 sq. ft.) frame barn for agricultural storage on Suffolk County Development Rights
land; 19.9 acres in the A-C Zoning District; and
WHEREAS, on April 1, 2016, Marcos Ribeiro, owner, submitted an application for Site
Plan review; and
WHEREAS, on April 8, 2016, the Suffolk County Farmland Committee reviewed the
proposed action and approved the application with Permit#PFC-2016009 as consistent
with the recorded easement with four (4) conditions; and
WHEREAS, the Southold Town Planning Board, pursuant to §280-133 C of the
Southold Town Code, has the discretion to waive any or all of the requirements in §280-
133 for those applications involving, uses strictly related to agriculture as long as they
are not necessary to further the objectives set forth in Town Code §280-129 to maintain
public health, safety, and welfare. The Planning Board has found that this application is
eligible for a waiver of certain elements of the Site Plan requirements because it is an
agricultural use, the details of which are included in the Staff Report dated April 18,
2016; and
WHEREAS, the Southold Town Planning Board, pursuant to Southold Town Code
§280-131 B (5), has the discretion to vary or waive the parking requirements for Site
Plan Applications where doing so would not have a detrimental effect on the public
health, safety or general welfare, and will not have the effect of nullifying the intent and
provision of the Site Plan Requirements chapter of the Town Code. The Planning Board
has found that this application is eligible for a waiver of parking requirements because
there is no need to provide for parking -the application is for an agricultural use, the
building is for owner use only and the parcel is large in size relative to the proposed
structure (less than 1% lot coverage); and
WHEREAS, on April 18, 2016, the Planning Board formally accepted the agricultural
application as complete for review; and
WHEREAS, on April 26, 2016, the Planning Board, pursuant to Southold Town Code
§280-131 C., distributed the application to the required agencies for their comments;
and
WHEREAS, the Southold Town Planning Board, pursuant to State Environmental
Quality Review Act (SEQRA) 6 NYCRR, Part 617.5 (c), has determined that the
proposed action is a Type II Action as it falls within the following description for 6
NYCRR, Part 617.5(c)(3) agricultural farm management practices, including
construction, maintenance and repair of farm buildings and structures, and land use
Southold Town Planning Board Page 132 June 6, 2016
changes consistent with generally accepted principles of farming. The action is for the
construction of a 120' x 60' (7,200 sq. ft.) metal farm storage building; and
WHEREAS, the proposed action is exempt from Suffolk County Planning Commission
review because the proposed action is less than 10,000 sq. ft. of land disturbance; and
WHEREAS, on May 18, 2016, the Southold Town Fire Inspector reviewed and
determined that there was adequate fire protection and emergency access for the site;
and
WHEREAS, on May 25, 2016, the Architectural Review Committee reviewed the
application and approved it as submitted; and
WHEREAS, on May 25, 2016, the Southold Town Engineer reviewed the above-
referenced application and has determined that the proposed building and site meet the
minimum requirements of Chapter 236 for Storm Water Management; and
WHEREAS, on May 31, 2016, the Mattituck Fire District determined there was adequate
fire protection for the site; and
WHEREAS, on June 3, 2016, the Town of Southold Local Waterfront Revitalization
Program Coordinator reviewed the above-referenced project and has determined the
proposed project to be consistent with Southold Town LWRP policies; and
WHEREAS, on June 6, 2016, the Southold Town Chief Building Inspector reviewed and
certified the proposed Site Plan as a permitted use in the A-C Zoning District; and
WHEREAS, on June 6, 2016, a public hearing for the proposed action was held and
closed; and
WHEREAS, on June 6, 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 hereby waives certain Site Plan
Application requirements as noted above.
William Cremers: Second.
Chairman Wilcenski: Motion made by Pierce, seconded by Bill. Any discussion? All in
favor?
Ayes.
Motion carries.
Southold Town Planning Board Page 1 33 June 6, 2016
Pierce Rafferty: And be it further
RESOLVED, that the Southold Town Planning Board hereby waives the parking
requirements as noted above.
William Cremers: Second.
Chairman Wilcenski: Motion made by Pierce, seconded by Bill. Any discussion? All in
favor?
Ayes.
Motion carries.
Pierce Rafferty: And be it further
RESOLVED, that the Southold Town Planning Board has determined that this proposed
action is a Type II Action and not subject to review under SEQRA.
William Cremers: Second.
Chairman Wilcenski: Motion made by Pierce, seconded by Bill. Any discussion? All in'
favor?
Ayes.
Motion carries.
Pierce Rafferty: And be it further
RESOLVED, that the Southold Town Planning Board has determined that this proposed
action is consistent with the policies of the Town of Southold Local Waterfront
Revitalization Program.
William Cremers: Second.
Chairman Wilcenski: Motion made by Pierce, seconded by Bill. Any discussion? All in
favor?
Ayes.
Motion carries.
Pierce Rafferty: And be it further
Southold Town Planning Board Page 134 June 6, 2016
RESOLVED, that the Southold Town Planning Board grants Approval with two (2)
conditions regarding the Site Plan shown on the survey for SCTM#1000-108-1-1.1,
prepared by Lisa McQuilkin, L.S., dated October 17, 2015 and last revised June 2,
2016.
Conditions:
1. This site is designed and approved for owner use only and shall not be
open to the public;
2. Remove the "drywell note" from the Site Plan.
William Cremers: Second.
Chairman Wilcenski: Motion made by Pierce, seconded by Bill. Any discussion? All in
favor?
Ayes.
Motion carries.
APPROVAL OF PLANNING BOARD MINUTES
Chairman Wilcenski: The last order of business is for the Board to approve the
minutes of May 2, 2016.
James H. Rich III: I make a motion 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: I need a motion for adjournment.
William Cremers: So moved.
Martin Sidor: Second.
Chairman Wilcenski: Motion made by Bill, seconded by Martin. Any discussion? All in
favor?
Southold Town Planning Board Page 135 June 6, 2016
Ayes.
Motion carries. Good evening.
There being no further business to come before the Board, the meeting was adjourned.
Respectfully submitted,
•
4, Illy!
Jessica Michaelis
•.
Y i Transcribing Secretary
Donald Wilcenski, Chairman