HomeMy WebLinkAboutPB-10/03/2016 MAILING ADDRESS:
PLANNING BOARD MEMBERS ��®F S®Ury® So uhOold,oNY 11971
DONALD J.WILCENSKI �® �®
Chair
OFFICE LOCATION:
WILLIAM J.CREMERS CA 5e Town Hall Annex
PIERCE RAFFERTY ® �Q 54375 State Route 25
JAMES H.RICH III ®�� (cor.Main Rd. &Youngs Ave.)
MARTIN H.SIDOR c®ul�y 9� Southold, NY
Telephone: 631765-1938
www.southoldtownny.gov
PLANNING BOARD OFFICE -
TOWN OF SOUTHOLD
PUBLIC MEETING
MINUTES RECEIVED
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October 3, 2016 MOV 1 4 20 l -.CCP*)
6:00 p.m. I
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Present were: Donald J. Wilcenski, Chairman
James H. Rich III, 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 October 3, 2016, Planning Board meeting. The first order of
business is for the Board to set Monday, November 7, 2016 at 4:30 p.m. at the
Southold Town Hall, Main Road, Southold, as the time and place for the next regular
Planning Board Meeting.
William Cremers: So moved.
Martin Sidor: Second.
Chairman Wilcenski: Motion made by Bill, seconded by Martin. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Southold Town Planning Board Page 12 October 3, 2016
Motion carries.
SUBDIVISIONS
Conditional Final Plat Determinations:
Chairman Wilcenski: Stanton, Phil & Jennifer- This proposal is a Standard
Subdivision of a 5.32 acre parcel into three lots where Lot 1 equals 2.45 acres, Lot 2
equals 1.25 acres, and Lot 3 equals 1.63 acres in the R-40 Zoning District. The property
is located at 845 Maple Avenue, at the end of Maple Avenue approximately 679 feet
south of Route 25, in Southold. SCTM#1000-64-1-29
Pierce Rafferty: Mr. Chairman, I offer the following:
WHEREAS, this proposal is a Standard Subdivision of a 5.32 acre parcel into three lots
where Lot 1 equals 2.45 acres, Lot 2 equals 1.25 acres, and Lot 3 equals 1.63 acres,
located in the R-40 Zoning District; and
WHEREAS, on June 2, 2014, the Southold Town Planning Board granted Conditional
Preliminary Plat Approval upon the map prepared by Peconic Surveyors, P.C., entitled
"Preliminary Map of Philip and Jennifer Stanton", dated July 16, 2008 and last revised
December 3, 2013; and
WHEREAS, on March 19, 2015, the agent submitted the Final Plat Application; and
WHEREAS, on April 8, 2015, the Planning Board, at their Work Session, found the Final
Plat Application incomplete with items to be submitted; and
WHEREAS, on May 5, 2015, Charles Cuddy, on behalf of a neighbor to the above
referenced property, submitted a letter objecting to a potential future pathway for
proposed Lot 3 and requested that a Final Public Hearing be held; and
WHEREAS, on December 28, 2015, the agent submitted the requested additional
plans; and
WHEREAS, on January 22, 2016, the agent submitted an approved Suffolk County
Department of Health Services Approved Plan; and
WHEREAS, on January 22, 2016, Planning Staff sent an email to the agent stating that
the submitted Heath Department endorsement only certified and approved 2 lots
instead of the proposed 3 lots. Staff asked for clarification regarding what the
certification of only 2 lots instead of 3 lots means; and
WHEREAS, on January 25, 2016, the Planning Board required that the applicant submit
a Health Department map that endorses and approves all lots proposed; and
WHEREAS, on February 23, 2016, the agent submitted endorsed maps stamped by the
Health Department for a 3 lot subdivision; and
Southold Town Planning Board Page 13 October 3, 2016
WHEREAS, on March 23, 2016, the agent responded to the Board's request regarding
the location of the potential future pathway for proposed Lot 3; and
WHEREAS, on April 4, 2016, the Planning Board reviewed the above-referenced
application at their Work Session and agreed that to continue to process the application,
the Board has required the submission of a proposed location for the 4' wide path to the
water on proposed Lot 2; and
WHEREAS, on May 2, 2016, the Planning Board reviewed letters sent from Charles
Cuddy, David Theoharides and Patricia Moore, agent for the applicant, discussing a
future access way to the water. The Board agreed that the future pedestrian access
path to Town Creek on Lot 2 must be located at the narrowest area of the non-
disturbance buffer where it will disturb the least amount of buffer area. It was also
agreed that prior to installation, the location of the proposed pedestrian access path
must be reviewed by the Planning Board and a public hearing must be held pursuant to
Chapter 55 of the Southold Town Code. The Board agreed that this must be
memorialized in a Covenant and Restriction; and
WHEREAS, on May 2, 2016, the Planning Board, at their Work Session, agreed to
waive the Final Public Hearing as the Final Map has not significantly changed from the
Preliminary Plat; and
WHEREAS, on September 7, 2016, the agent submitted revised Covenants and
Restrictions that include the required future pedestrian access path clause; and
WHEREAS, on September 26, 2016, the Planning Board found that all items pursuant
to §240-20 Submission of Final Plat have been met; be it therefore
RESOLVED, that the Southold Town Planning Board hereby grants Conditional Final
Approval upon the map entitled "Final Plat for the Standard Subdivision of Philip and
Jennifer Stanton" prepared by David Saskas, Licensed Land Surveyor, dated July 16,
2008 and last revised June 30, 2014, subject to the following conditions to be completed
prior to Final Plat Approval:
1. Installation of all concrete survey monuments as shown on the
Final Plat.
2. File all signed and approved legal documents with the Office of the Suffolk
County Clerk.
3. The Final Plat must meet all Subdivision Map Filing Requirements as
outlined by the Suffolk County Clerk's Office. Please see the following link to
their website for all requirements:
http://www.suffolkcountynV.gov/Departments/CountVClerk/Maps/Subdivision
Map.aspx
4. Submit to the Southold Town Planning Department twelve (12) paper copies
of the Final Plat and four (4) Mylar copies of the Final Plat, all endorsed by
Southold Town Planning Board Page 1 4 October 3, 2016
the Suffolk County Department of Health Services with their approval stamp
with the revision that all significant trees must be shown on the Final Plat.
5. Submit the Park and Playground Fee in the amount to $14,000.00 pursuant
to §240-53 of the Southold Town Code.
6. Submit the Administration Fee in the amount to $4,000.00 pursuant to §240-
37 of the Southold Town Code.
James H. Rich III: Second.
Chairman Wilcenski: Motion made by Pierce, seconded by Jim. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
Final Plat Determinations/ SEQRA Determinations:
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.
James H. Rich III: Mr. Chairman, I offer the following:
WHEREAS, 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; and
WHEREAS, on November 7, 2012, a Lot Line Modification Application was submitted;
and
WHEREAS, on November 15, 2012, the agent submitted proof of lot recognition as
required by Planning Staff; and
WHEREAS, on December 5, 2012, the Planning Board reviewed the application at their
Work Session and found the application incomplete; and
WHEREAS, on February 5, 2014, the agent submitted the Zoning Board of Appeals
Variance File Number 6701; and
Southold Town Planning Board Page 15 October 3, 2016
WHEREAS, on October 2, 2015, the agent submitted all required Certificates of
Occupancy for the property; and
WHEREAS, on October 19, 2015, the Planning Board reviewed the application at their
Work Session and found the application to be complete. The Board agreed to not set
the public hearing until 6 copies of the Lot Line Change Map were submitted which
illustrated the required 50' wide perpetual non-disturbance buffer landward of the fresh
water wetlands on Tax Map Lot#1000-74-1-2; and
WHEREAS, on February 3, 2016, the agent submitted revised plans that show the non-
disturbance buffer; and
WHEREAS, on March 7, 2016, the Planning Board held and closed the public hearing;
and
WHEREAS, the Southold Town Planning Board, pursuant to Town Code §240-56,
Waivers of Certain Provisions, may waive certain elements of the subdivision review if
in its judgment they are not requisite in the interest of the public health, safety and
general welfare. After reviewing the information submitted for this application, the
Planning Board has determined that it is eligible for a waiver of the Environmental
Resources Site Analysis Plan (ERSAP), the Primary and Secondary Conservation Area
Plan, the Public Hearing, and the Sketch Plat and Preliminary Plat steps of the
subdivision process for the following reasons:
1. No new lots are being created;
2. No changes will occur as a result of this Lot Line Change that would adversely
affect the character of the neighborhood; and
WHEREAS, the Planning Board performed an uncoordinated review of this Unlisted
Action pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality
Review Act (SEQRA); and
WHEREAS, pursuant to the Lot Line Modification Policy set by the Planning Board in
February 2011, this application is eligible for a decision from the Planning Board prior to
receiving approval by the Suffolk County Department of Health Services (SCDHS) as it
meets the following criterion set forth in that policy:
• where no new development potential will be created in the parcel to which the
land is transferred; and
WHEREAS, on March 21, 2016, at their Work Session, the Planning Board required that
the applicant submit filed Covenants and Restrictions citing the use of pesticides and
fertilizers are prohibited on this site and that there shall be a 50' wide non-disturbance
buffer landward of the freshwater wetlands on Suffolk County Tax Map Lot 1000-74-1-2;
and
Southold Town Planning Board Page 16 October 3, 2016
WHEREAS, the Planning Board determined that the proposed action meets all the
necessary requirements of Town Code §240-57 for a Lot Line Modification; be it
therefore
RESOLVED, that the Southold Town Planning Board, pursuant to SEQRA, hereby
makes a determination of non-significance for the proposed Lot Line Modification and
grants a Negative Declaration.
William Cremers: Second.
Chairman Wilcenski: Motion made by Jim, seconded by Bill. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
James H. Rich III: And be it further
RESOLVED, that the Southold Town Planning Board hereby waives the requirements of
Town Code §240 to submit the ERSAP, Primary and Secondary Conservation Plans,
Sketch Plat and Preliminary Plat steps.
William Cremers: Second.
Chairman Wilcenski: Motion made by Jim, seconded by Bill. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
James H. Rich III: And be it further
RESOLVED, that the Southold Town Planning Board hereby waives the requirement for
Suffolk County Department of Health Services approval prior to Planning Board
approval of this Lot Line Modification.
William Cremers: Second.
Southold Town Planning Board Page 17 October 3, 2016
Chairman Wilcenski: Motion made by Jim, seconded by Bill. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
James H. Rich III: And be it further
RESOLVED, that the Southold Town Planning Board grants Final Approval with
Conditions on the maps entitled "Re-subdivision Map situate Peconic", prepared by
John C. Ehlers, Land Surveyor, dated August 8, 2011 and last revised January 15,
2016.
William Cremers: Second.
Chairman Wilcenski: Motion made by Jim, seconded by Bill. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
BOND DETERMINATIONS
Accept Bond Estimate:
Chairman Wilcenski: I am recusing myself from the next application, The Estates at
Royalton. 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
Martin Sidor:
WHEREAS, this proposal is for a Standard Subdivision of a 36.9 acre parcel into 12 lots
where Lots 1-11 equals 0.7 acres, and Lot 12 equals 12 acres, located in the A-C
Southold Town Planning Board Page 18 October 3, 2016
Zoning District. This subdivision includes 15.2 acres of open space and 1.7 acres for a
proposed road; and
WHEREAS, on September 8, 2016, the Office of the Town Engineer submitted a Draft
Bond Estimate for The Estates at Royalton in the amount of$314,870.00; and
WHEREAS, on September 12, 2016, the Planning Board reviewed the Bond Estimate at
their Work Session and accepted the estimate in the amount of$314,870.00; therefore
be it
RESOLVED, that the Southold Town Planning Board hereby accepts the Draft Bond
Estimate for The Estates at Royalton in the amount of$314,970.00 and
recommends the same to the Southold Town Board.
William Cremers: Second.
Vice-Chairman Rich: Motion made by Martin, seconded by Bill. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
Bond Reduction:
Martin Sidor: I am recusing myself from the next application, Cutchogue Business
Center.
Chairman Wilcenski: Cutchogue Business Center - This approved project 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
William Cremers:
WHEREAS, this Approved 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 August 3, 2015, the Southold Town Planning Board accepted the
Performance Bond secured by Fidelity and Deposit Company of Maryland, Performance
Bond Number 09180383, for Cutchogue Business Center (F&S, LLC) in the amount of
$189,825.00; and
Southold Town Planning Board Page 19 October 3, 2016
WHEREAS, on August 25, 2015, the Southold Town Board accepted the Security
Payment in the sum of$189,825.00; and
WHEREAS, on August 25, 2016, the agent submitted a request to reduce the
Performance Bond; and
WHEREAS, the Office of the Town Engineer agreed to the reduction of the bond in the
amount of$93,312.50, and
WHEREAS, on October 3, 2016, the Planning Board, at their Work Session, agreed to a
reduction in the bond from the amount of$189,825.00 to $96,512.50; be it therefore
RESOLVED, that the Southold Town Planning Board hereby recommends to the
Southold Town Board the reduction of the Cutchogue Business Center Bond from
the amount of$189,825.00 to $96,512.50.
James H. Rich III: Second.
Chairman Wilcenski: Motion made by Bill, seconded by Jim. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
SITE PLANS
Determinations:
Chairman Wilcenski: Fishers Island Club Additions - 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 ±820' s/w/o of East Main Road & East
End Road, Fishers Island. SCTM#1000-4-6-9
Pierce Rafferty: Mr. Chairman, I offer the following:
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 District, Fishers
Island; and
Southold Town Planning Board P 2, g e 110 October 3, 2016
WHEREAS, on May 2, 2016, Lisa Poyer, authorized agent, submitted a Site Plan
Application for review; and
WHEREAS, on May 16, 2016, the Planning Board formally accepted the application as
complete for review; and
WHEREAS, on June 6, 2016, the Southold Town Planning Board, pursuant to State
Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617, determined that the
proposed action is an Unlisted Action as it does not meet any of the thresholds of a
Type I Action, nor does it meet any of the criteria on the Type II list of actions; and
WHEREAS, on June 9, 2016, 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 20, 2016, the Suffolk County Planning Commission (SCPC)
reviewed the proposed project and considered it to be an act for local determination as
there appears to be no significant county-wide or inter-community impact(s); and
WHEREAS, on June 23, 2016, the Fishers Island Fire District determined there was
adequate fire protection for the site; and
WHEREAS, on July 11, 2016, the Architectural Review Committee reviewed the
proposed project and approved it as submitted; and
WHEREAS, on July 11, 2016, a public hearing was held and closed; and
WHEREAS, on July 19, 2016, the Southold Town Engineer reviewed the proposed
application and determined that the proposed drainage meets the minimum
requirements of Chapter 236 for Storm Water Management; and
WHEREAS, on August 4, 2016, the Southold Town Fire Inspector reviewed and
determined that there was adequate fire protection and emergency access for the site;
and
WHEREAS, on August 4, 2016, the Town of Southold Local Waterfront Revitalization
Program Coordinator reviewed the proposed project and determined it to be consistent
with Southold Town LWRP policies with recommendations to the Planning Board; and
WHEREAS, on August 9, 2016, the New York State Department of Environmental
Conservation (NYSDEC) reviewed the proposed project and provided a Letter of Non-
jurisdiction; and
WHEREAS, on August 9, 2016, the Southold Town Trustees reviewed the proposed
project and determined that the construction is out of the Coastal Erosion Hazard Area
(CEHA/Chapter 111) and no permit is required but will require an Administrative
Wetland Permit for minor activities proposed within 100' of the bluff; and
Southold Town Planning Board Page 111 October 3, 2016
WHEREAS, on August 11, 2016, Lisa Poyer, authorized agent, submitted an
Engineering Report and revised Septic Plan for the subject site; and
WHEREAS, on August 18, 2016, Lisa Poyer, authorized agent, submitted revised
information for review; and
WHEREAS, on August 31, 2016, Lisa Poyer, authorized agent, submitted revised Site
Plans and additional information for review; and
WHEREAS, on September 12, 2016, the Southold Town Planning Board, as Lead
Agency pursuant to SEQRA, made a determination of non-significance for the proposed
action and granted a Negative Declaration; and
WHEREAS, on September 19, 2016, the NYSDEC received a complete Notice of Intent
(NOI) for proposed construction activities on the subject site for Reference
#NYR11 B248; and
WHEREAS, on September 21, 2016, the Southold Town Trustees issued an
Administrative Work Permit (#8870A) for the subject site; and
WHEREAS, on September 22, 2016, the Suffolk County Department of Health Services
(SCDHS) granted approval to Reference #C10-16-0002 for a country club @ 3,810
gallons per day; and
WHEREAS, on September 29, 2016, the Southold Town Chief Building Inspector
reviewed and certified the proposed golf club as a permitted use in the R-120 Zoning
District; and
WHEREAS, on October 3, 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 Pierce, seconded by Bill. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
Southold Town Planning Board Page 1 12 October 3, 2016
Pierce Rafferty: And be it further
RESOLVED, that the Southold Town Planning Board approves the Site Plan with
three (3) conditions entitled "Fishers Island Club", prepared by CME Associates, dated
January 25, 2016 and last revised September 23, 2016, and authorizes the Chairman to
endorse the Site Plan.
Conditions:
1. Provide a Photometric Plan compliant with Chapter 172.
2. An alternative onsite wastewater treatment system capable of limiting nitrogen in
effluent from the Fishers Island Club's septic system to 19 mg/L or less shall be
installed within five (5) years of the issuance of a Certificate of Occupancy for the
addition approved herein. This system must be approved by the Suffolk County
Department of Health Services (SCDHS). In the event that such a system is not
available to be permitted by the SCDHS, the timing of this condition may be
extended until such time that it is available.
The condition as set forth herein shall also be detailed in a covenant, a draft of
which must be provided to this office within 60 days of the date of this letter, and
filed with the Suffolk County Clerk within 30 days of the Planning Board's
approval of the draft covenant.
3. Best Management Practices for water conservation and water quality:
a. Use of native, drought-tolerant plants in decorative landscaping;
b. No application of fertilizer products containing nitrogen, phosphorus, or
potassium between November 1st and April 1St;
c. Apply only the minimum amount of slow-release and organic fertilizer
needed to sustain healthy turf on golf courses and that fertilizer
application rates shall be limited to 3 lbs. of nitrogen/1000 sq. ft. per
year, over the golf course as a whole. (Consistent with the Organic
Maintenance Plan adopted via Suffolk County Resolution No. 608-
1998.)
William Cremers: Second.
Chairman Wilcenski: Motion made by Pierce, seconded by Bill. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Southold Town Planning Board Page 13 October 3, 2016
Motion carries.
Chairman Wilcenski: McCall Wine Production Facility - This application is for the
proposed construction of a multi-level 17,100 sq. ft. wine production and storage facility,
including agricultural equipment storage, on a 1.8 acre reserve area (SCTM#1000-109-
1-38) attached to ±35.8 acre of farmland (SCTM#1000-116-1-3.4) with Development
Rights held by Suffolk County in the AC Zoning District. This facility will not be open to
the public. The property is located at 22600 NYS Route 25, ±1,800' s/w/o Alvahs Lane &
NYS Route 25, Cutchogue. SCTM#1000-109-1-38
James H. Rich III:
WHEREAS, this application is for the proposed construction of a multi-level 17,100 sq.
ft. wine production and storage facility, including agricultural equipment storage, on a
1.8 acre reserve area (SCTM#1000-109-1-38) attached to ±35.8 acre of farmland
(SCTM#1000-116-1-3.4) with Development Rights held by Suffolk County in the AC
Zoning District. This facility will not be open to the public; and
WHEREAS, on September 23, 2015, Abigail Wickham Esq., authorized agent,
submitted a Site Plan Application for review; and
WHEREAS, on October 6, 2015, building elevations and plans were submitted for
review; and
WHEREAS, on October 19, 2015, the Planning Board found the application complete
for review with additional information required; and
WHEREAS, on November 2, 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 description for 6
NYCRR, §617.5(c)(3) agricultural farm management practices, including construction,
maintenance and repair of farm buildings and structures, and land use changes
consistent with generally accepted principles of farming. The action is for the
construction of a multi-level 17,100 sq. ft. wine production and storage facility, including
agricultural equipment storage and, therefore, not subject to review because the
proposed construction is for an agricultural site; and
WHEREAS, on December 4, 2015, Abigail Wickham Esq., authorized agent, submitted
a revised Site Plan Application for review; and
WHEREAS, on December 7, 2015, a Public Hearing was held and closed; and
WHEREAS, on January 15, 2016, the Planning Board, pursuant to Southold Town Code
§280-131 C., distributed the application to the required agencies for their comments;
and
Southold Town Planning Board Page 114 October 3, 2016
WHEREAS, on January 20, 2016, the Southold Town Fire Inspector reviewed and
determined that there was adequate fire protection and emergency access for the site;
and
WHEREAS, on January 20, 2016, the Cutchogue Fire District determined there was
adequate fire protection for the site; and
WHEREAS, on February 12, 2016, the Town of Southold Local Waterfront
Revitalization Program Coordinator reviewed the proposed project and determined the
project to be consistent with Southold Town LWRP policies; and
WHEREAS, on February 22, 2016, the Suffolk County Planning Commission (SCPC)
reviewed the proposed project and considered it to be an act for local determination as
there appears to be no significant county-wide or inter-community impact(s); and
WHEREAS, on March 2, 2016, the Architectural Review Committee reviewed the
proposed project and approved it as submitted; and
WHEREAS, on March 2, 2016, the Southold Town Engineer reviewed the proposed
project and determined that the proposed drainage meets the minimum requirements of
Chapter 236 for Storm Water Management; and
WHEREAS, on March 18, 2016, the Office of Parks, Recreation, and Historic
Preservation (OPRHP) recommended a Phase I Archaeological Survey be conducted
due to the project sites proximity to Downs Creek; and
WHEREAS, on March 24, 2016, the Planning Board sent a letter to the applicant
requiring revisions to the Site Plan and to obtain necessary Work Permits from
regulatory agencies (SCDHS, NYSDOT, OPRHP, Notice of Intent to NYSDEC); and
WHEREAS, on July 14, 2016, Abigail Wickham, authorized agent, submitted revised
Site Plans and supplemental information; and
WHEREAS, on August 18, 2016, the OPRHP provided comments following a Phase I
Archaeological Study on the subject site and determined it had no concerns regarding
potential impacts of the project to historical architectural resources and no concerns
regarding the potential impacts of the project to architectural or archaeological
resources; and
WHEREAS, at their Work Session, held on August 22, 2016, 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 a Highway Work
Permit from the NYSDOT; and
WHEREAS, on August 31, 2016, the Suffolk County Department of Health Services
(SCDHS) granted approval to Reference #C10-16-0004 for "Winery with private tasting
room and office (10 occupant private tasting room only)" @ 1,208 gallons per day; and
Southold Town Planning Board Page 115 October 3, 2016
WHEREAS, on September 12, 2016, the NYSDOT issued a Highway Work Permit
Reference #52522 for the subject site; and
WHEREAS, on September 12, 2016, the Southold Town Chief Building Inspector
reviewed and certified the proposed winery as a permitted use in the A-C Zoning
District; and
WHEREAS, on October 3, 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 Jim, seconded by Bill. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
James H. Rich III: And be it further
RESOLVED, that the Southold Town Planning Board approves the Site Plan with one
(1) condition entitled "McCall Winery", prepared by Baldassano Architecture, dated
September 18, 2015 and last revised June 24, 2016, and authorizes the Chairman to
endorse the Site Plan.
Condition:
No retail sales or access by the general public permitted.
This site is designed and approved for wine production and storage, not as a public
tasting room, with a small area for office and meetings for staff and wine professionals
only.
William Cremers: Second.
Chairman Wilcenski: Motion made by Jim, seconded by Bill. Any discussion? All in
favor?
Southold Town Planning Board Page 116 October 3, 2016
Ayes.
Opposed?
None.
Motion carries.
Chairman Wilcenski: Hudson City Amended - This Amended Site Plan Application is
for the proposed use change of an approved two story medical office building to a first
floor consisting of a 1,200 sq. ft. restaurant & 3,550 sq. ft. of retail space and the second
floor containing three (3) medical offices on 1.9 acres in the B/R-40 Zoning Districts.
The property is located at 11600 Route 25, s/e/o Pacific Street & NYS Route 25,
Mattituck. SCTM#1000-122-3-17.1
Martin Sidor:
WHEREAS, this proposed Amended Site Plan is for the proposed use change of an
approved two story medical office building to a first floor consisting of a 1,200 sq. ft.
restaurant & 3,550 sq. ft. of retail space and the second floor containing three (3)
medical offices on 1.9 acres in the B/R-40 Zoning Districts; and
WHEREAS, on July 7, 2016, Paul Pawlowski, owner, submitted an Amended Site Plan
Application for review; and
WHEREAS, on July 25, 2016; the Planning Board found the application incomplete for
review and required revisions and additional information; and
WHEREAS, on July 29, 2016, Paul Pawlowski, owner, submitted revised Site Plans and
additional information for review; and
WHEREAS, on August 8, 2016, the Planning Board formally accepted the Amended
Site Plan Application as complete for review; and
WHEREAS, on August 8, 2016, the Southold Town Planning Board, pursuant to State
Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617, 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, on August 10, 2016, the Planning Board, pursuant to Southold Town Code
§280-131 C., distributed the application to the required agencies for their comments;
and
Southold Town Planning Board Page 117 October 3, 2016
WHEREAS, the proposed action is exempt from review by the Suffolk County Planning
Commission (SCPC); and
WHEREAS, on August 24, 2016, the Mattituck Fire District determined there was
adequate fire protection for the site; and
WHEREAS, on September 12, 2016, a Public Hearing was held and closed; and
WHEREAS, on August 30, 2016, the Southold Town Engineer reviewed the amended
application and determined that the proposed drainage meets the minimum
requirements of Chapter 236 for Storm Water Management since there is no proposed
footprint expansion or creation of new impervious surface areas; and
WHEREAS, on September 1, 2016, the Southold Town Fire Inspector reviewed and
determined that there was adequate fire protection and emergency access for the site;
and
WHEREAS, on September 14, 2016, the New York State Department of Transportation
(NYSDOT) provided written confirmation that all approved site work has been
completed for Highway Work Permit#20161053646; and
WHEREAS, on September 22, 2016, the Suffolk County Department of Health Services
(SCDHS) granted approval to Reference #C10-08-0005 for a mixed use building (16
seat max, dry retail, medical office) @ 965.14 gpd; and
WHEREAS, on September 28, 2016, the Town of Southold Local Waterfront
Revitalization Program Coordinator reviewed the proposed project and determined the
project to be consistent with Southold Town LWRP policies with recommendations to
the Planning Board; and
WHEREAS, on September 30, 2016, the Southold Town Chief Building Inspector
reviewed and certified the proposed medical offices, retail and restaurant as permitted
uses in the General Business (B) Zoning District; and
WHEREAS, on October 3, 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.
Southold Town Planning Board Page 18 October 3, 2016
Opposed?
None.
Motion carries.
Martin Sidor: And be it further
RESOLVED, that the Southold Town Planning Board approves the Amended Site
Plan with two (2) conditions entitled "Hudson City Savings Bank", prepared by L. K.
McLean Associates, P.C., dated July 12, 2006 and last revised August 28, 2016.
Conditions:
1. This Amended Site Plan is for the purpose of illustrating approved changes to the
interior uses of the 9,500 sq. ft. building and on-site parking totals; the approved
Site Plan with approval stamp dated September 16, 2009 remains in effect for all
other details that are not specifically noted on this Amended Site Plan; and
2. Best Management Practices to lessen impact on surface water and ground water
quality:
a. Use of native, drought-tolerant plants in landscaping.
b. Use of organic fertilizers where the water-soluble nitrogen is no more than
20% of the total nitrogen in the mixture.
c. A maximum of 1 Ib. 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.
d. Prohibit the application of fertilizer products containing nitrogen,
phosphorus, or potassium between November 1 st 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
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.
William Cremers: Second.
Chairman Wilcenski: Motion made by Martin, seconded by Bill. Any discussion? All in
favor?
Ayes.
Southold Town Planning Board Page 119 October 3, 2016
Opposed?
None.
Motion carries.
Approval Extensions:
Chairman Wilcenski: New Cingular Wireless/AT&T at 10408 Hortons Lane - This
approved Site Plan is for a 95' high wireless telecommunications monopole to include
six (6) AT&T panel antennas and four (4) empty 10' sections for possible future co-
location (all concealed within the pole), along with 300 sq. ft. proposed within an existing
building for associated ground equipment on 6.9 acres in the Light Industrial Zoning
District. The property is located at 1040B Hortons Lane, ±400'n/o Traveler Street &
Hortons Lane, Southold. SCTM#1000-63-1-10
William Cremers:
WHEREAS, this Site Plan is for a 95' high wireless telecommunications monopole to
include six (6) AT&T panel antennas and four (4) empty 10' sections for possible future
co-location (all concealed within the pole), along with 300 sq. ft. proposed within an
existing building for associated ground ,equipment on 6.9 acres in the Light Industrial
Zoning District, Southold; and
WHEREAS, on April 6, 2015, the Planning Board granted approval to the Site Plan
entitled "AT&T @ 1040B Hortons Lane", prepared by Malick & Scherer, P.C. on January
21, 2010, last revised on April 2, 2015; and
WHEREAS, on March 18, 2016, the Planning Board notified the applicant that Site Plan
Approval would expire in six (6) months; and
WHEREAS, on September 28, 2016, John Coughlin, agent, submitted a letter
requesting an Extension of Approval for one (1) year to afford AT&T time to obtain its
building permit and to complete construction; and
WHEREAS, at a Work Session held on October 3, 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 four (4) months from October 3, 2016 to February 3, 2017 on the Site
Plan entitled "AT&T @ 1040B Hortons Lane", prepared by Malick & Scherer, P.C. on
January 21, 2010, last revised on April 2, 2015.
Martin Sidor: Second.
Chairman Wilcenski: Motion made by Bill, seconded by Martin. Any discussion? All in
favor?
Southold Town Planning Board Page 120 October 3, 2016
Ayes.
Opposed?
None.
Motion carries.
Set Hearings/ SEQRA Type Classifications:
Chairman Wilcenski: Purita Winery - This Site Plan is for the proposed construction of
a 30' x 90' (2,652 sq. ft.) addition to an existing 71' x 90' (6,422 sq. ft.) wine production
building to expand the current uses of wine production and storage (not open to the
public) on a 0.76 acre parcel (SCTM#1000-51-3-5) with an existing single family
dwelling and nine (9) parking spaces. The subject parcel is proposed to be merged with
an adjacent 2.7 acre reserve area (SCTM#1000-51-3-4.11) which is attached to ±18.8
acres of farmland (SCTM#1000-51-3-4.14) with Development Rights held by Suffolk
County in the AC Zoning District. The property is located at 5195 Old North Road, ±420'
s/w/o County Road 48 & Old North Rd., Southold. SCTM#1000-51-3-5, 4.11, 4.12, 4.13
& 4.14
Pierce Rafferty: Mr. Chairman, I offer the following:
WHEREAS, this Site Plan is for the proposed construction of a 30' x 90' (2,652 sq. ft.)
addition to an existing 71' x 90' (6,422 sq. ft.) wine production building to expand the
current uses of wine production and storage (not open to the public) on a 0.76 acre
parcel (SCTM#1000-51-3-5) with an existing single family dwelling and nine (9) parking
spaces. The subject parcel is proposed to be merged with an adjacent 2.7 acre reserve
area (SCTM#1000-51-3-4.11) which is attached to ±18.8 acres of farmland
(SCTM#1000-51-3-4.14) with Development Rights held by Suffolk County in the AC
Zoning District, Southold; 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 a Type II Action pursuant to §617.5(c)(3) and, therefore, not subject to review
because the proposed construction is for an existing agricultural site; be it therefore
RESOLVED, that the Southold Town Planning Board has determined that this proposed
action is a Type II Action under SEQRA as described above.
James H. Rich III: Second.
Chairman Wilcenski: Motion made by Pierce, seconded by Jim. Any discussion? All in
favor?
Ayes.
Opposed?
Southold Town Planning Board Page 1 21 October 3, 2016
None.
Motion carries.
Pierce Rafferty: And be it further.
RESOLVED, that the Southold Town Planning Board sets Monday, November 7, 2016
at 4:31 p.m. for a Public Hearing regarding the Site Plan entitled "Renovations &
Additions to the Purita Winery", prepared by Nancy L. Steelman, dated July 27, 2016
and last revised September 22, 2016.
James H. Rich III: Second.
Chairman Wilcenski: Motion made by Pierce, seconded by Jim. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
Chairman Wilcenski: Surrey Lane Vineyard - This Site Plan is for a 3,610 sq. ft.
winery (including a tasting room, retail area, wine production area, case storage and
farm stand) with 39 parking stalls (21 landbanked) on a 1.8 acre parcel (SCTM#1 000-
69-5-18.1) adjacent to ±43.7 acres of farmland (SCTM#1000-69-5-18.6; to be merged)
with Development Rights held by Suffolk County in the AC Zoning District. The property
is located at 46975 Route 25, ±47' e/o South Harbor Road and NYS Rt. 25, Southold.
SCTM#1000=69-5-18.1 & 18.6
James H. Rich III: Mr. Chairman, I offer the following:
WHEREAS, this proposed Site Plan is for a 3,610 sq. ft. winery (including a tasting
room, retail area, wine production area, case storage and farm stand) with 39 parking
stalls (21 landbanked) on a 1.8 acre parcel (SCTM#1000-69-5-18.1) adjacent to ±43.7
acres of farmland (SCTM#1000-69-5-18.6; to be merged) with Development Rights held
by Suffolk County in the AC Zoning District, Southold; 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 a Type II Action pursuant to §617.5(c)(3) and, therefore, not subject to review
because the proposed construction is for an agricultural site; be it therefore
RESOLVED, that the Southold Town Planning Board has determined that this proposed
action is a Type 11 Action under SEQRA as described above.
Southold Town Planning Board Page 1 22 October 3, 2016
William Cremers: Second.
Chairman Wilcenski: Motion made by Jim, seconded by Bill. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
James H. Rich III: And be it further
RESOLVED, that the Southold Town Planning Board sets Monday, November 7, 2016
at 4:32 p.m. for a Public Hearing regarding the Site Plan entitled "A New Winery for
Surrey Lane Vineyard", prepared by Nancy L. Steelman, dated August 24, 2016.
William Cremers: Second.
Chairman Wilcenski: Motion made by Jim, seconded by Bill. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
Chairman Wilcenski: Sannino Winery & Tasting Room - This Site Plan is for the
proposed construction of a 2,800 sq. ft. winery & forty (40) parking stalls on two
adjacent parcels (to be merged pursuant to ZBA File #6882) totaling 8.94 acres in the
A-C Zoning District. The property is located at 7495 Alvahs Lane, ±490' s/w/o Alvah's
Lane and CR 48, Cutchogue. SCTM#1000-101-1-14.4 & 14.6
Martin Sidor:
WHEREAS, this Site Plan is for the proposed construction of a 2,800 sq. ft. winery and
forty (40) parking stalls on two adjacent parcels (to be merged pursuant to ZBA File
6882) totaling 8.94 acres in the A-C 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 a Type II Action pursuant to §617.5(c)(3) and, therefore, not subject to review
because the proposed construction is for an agricultural site; be it therefore
Southold Town Planning Board Page 123 October 3, 2016
RESOLVED, that the Southold Town Planning Board has determined that this proposed
action is a Type II Action under SEQRA as described above.
James H. Rich III: Second.
Chairman Wilcenski: Motion made by Martin, seconded by Jim. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
Martin Sidor: And be it further
RESOLVED, that the Southold Town Planning Board sets Monday, November 7, 2016
at 4:33 p.m. for a Public Hearing regarding the Site Plan entitled "Sannino Vineyard",
prepared by Robert J. Gruber R.A., dated June 22, 2016.
William Cremers: Second.
Chairman Wilcenski: Motion made by Martin, seconded by Bill. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT
SEQRA Determinations:
Chairman Wilcenski: Threes Brewing East- This Site Plan Application is for the
proposed construction of a 100' x 65' (6,500 sq. ft.) steel building for production
(brewery with no retail), office and storage with 21 parking stalls on 0.96 acres in the
Light Industrial Zoning District, Cutchogue. The property is located at 12820 Oregon
Road, the south corner of Cox Lane & Oregon Road, Cutchogue. SCTM#1000-83-3-4.6
TABLED
Chairman Wilcenski: We are tabling Three's Brewing. I need a motion.
Southold Town Planning Board Page 124 October 3, 2016
James H. Rich III: 1 make a motion.
William Cremers: Second.
Chairman Wilcenski: Motion made by Jim, seconded by Bill. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
PUBLIC HEARINGS
Chairman Wilcenski: 6:01 p.m: - E. Lopez Nursery - This Site Plan is for the
proposed outdoor retail and wholesale sale of nursery products with an 8' x 10' (80 sq.
ft.) sales office and 10 parking stalls on 1.48 acres in the Limited Business Zoning
District. The property is located at 36660 NYS Route 25, 270' s/w/o Skunk Lane & NYS
Rt. 25, Cutchogue. SCTM#1000-97-3-3.1
Chairman Wilcenski: At this time I would like to ask anyone that would like to address
the Board, to please step to one of the podiums, state your name, address the Board
not the audience and once you are finished addressing the Board you can sign your
name for the record. Thank you. Would anyone like to address the Board on E. Lopez
Nursery? Anyone? Seeing and hearing none.
William Cremers: I make a motion to close the hearing.
James H. Rich III: Second.
Chairman Wilcenski: Motion made by Bill, seconded by Jim. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
Chairman Wilcenski: 6:02 p.m. -Ackermann Agricultural Barn - This Amended Site
Plan is for the proposed construction of a 7,142 sq. ft. agricultural storage barn on
Southold Town Development Rights land; 22.8 acres in the A-C Zoning District. The
property is located at 1350 Alvahs Lane, ±1175' n/w/o NYS Rt. 25 &Alvahs Lane,
Cutchogue. SCTM#1000-102-4-6.1
Southold Town Planning Board Page 125 October 3, 2016
Chairman Wilcenski: At this time I would like to ask anyone from the audience to step
to one of the podiums and address the Board for this Public Hearing and once you are
finished you can write your name for the record.
Karen Smith: My name is Karen Smith, my mom is Irene Sawastynowicz. She lives
adjacent to this property and she went down her street and got a petition signed of
people who are opposed to this structure, because they feel it's too big and too close.
The original approval was for a barn setback further and it was for a smaller structure.
We just feel that it would be against the rural atmosphere of Alvahs Lane. I have the
petition.
Chairman Wilcenski: Okay, you can bring that up. Thank you. You can just sign your
name, there should be a sheet on the podium. Anybody else? Yes.
Maril Sawastynowicz: I am Maril Sawastynowicz, I am Irene's daughter that lives right
next to the farm, which was supposed to be preservation. 7,000+ square feet is huge, it
does not fit into the scope of a preserved farm and its only 22 acres, it will change the
vista, it will change the rural character of that road. That was my grandparent's farm, it
will ruin that whole area with this big, huge building and who is to say what it can
become later on? It's a vineyard, does he want to turn it into something more than just a
barn? Once you build something that big, what is to say it won't become something
further down than just a storage barn? It makes me very concerned and I am very
against it. It's a rural farm area that is a beautiful road and it's changing so drastically
out here that it's frightening and I am very much opposed. I know a lot of people are
opposed that couldn't come tonight and didn't get a chance to sign the petition. I'd like
to keep this hearing open so that we can get more letters together, more petitions and
let the Board know that there are a lot of people against the size of this structure. I
oppose it.
Chairman Wilcenski: Okay, thank you. Would anybody else like to address the Board?
Benia Schwartz: Good evening, I also live in Cutchogue, Benja Schwartz. I did have a
chance to review briefly some of the paperwork, I haven't been following this
application. I saw that this was called an Amended Site Plan, but I didn't find the original
proposal or anything like that. In the Amended Site Plan there are some interesting
aspects of this proposal that I think deserve some serious consideration. The proposed
use is not specified, the prohibited uses are specified but only very generally, in the
easement, the Development Rights Easement that is held by Southold Town. However,
the proposed use it is clear that the use is not intended just to support the 22 acre
parcel on which this structure is proposed to be built. There's information in there that
this owner runs an agricultural company servicing, I think he put over 100 acres or
something. So, I know that farms are not always in one piece and farmers go from farm
to farm on the road with equipment, etcetera. I don't think there's really a whole lot that
you could do about it in this instance, but I think that this instance deserves further
consideration in the light of the precedent that will be set for other instances where
people are going to be doing similar things. On the one hand we want to support that,
every winery can't afford always to buy all the equipment, they might need to rent it,
they might need to go from one to the other. But the question is can that type of facility
Southold Town Planning Board Page 126 October 3, 2016
be put on land in which the development rights have been sold? And if that type of
facility is put on land that the development rights have been sold, then I would beg you
to take a hard look at all of the impacts of that kind of a use, as opposed to a use that
just supports the property on which the building is located. If I recall correctly, it seems
to me that the design of this building was completely facing the road, not the farm. I
mean if I was going to, I may be wrong, are there doors on the back of the building? I
know there are a lot of doors on the front of the building, but if they're going to be, if the
building is for the purpose of that particular farm. So in addition to giving this particular
specific proposal a hard look and doing what you can to eliminate the possibility of
situations such as the Satur Farm, where we had really an agricultural distribution
facility and processing facility, I think language that prohibits that kind of use should
probably be expressly incorporated into any approval, if you do approve of this
proposal. That language is in the Development Rights Easement, but I'm not sure about
the enforceability of that and whether the design of this building has taken that into
consideration, into account. So, are there any doors on the back of the building?
William Cremers: We're checking.
Benia Schwartz: We don't have it on the computer?
Chairman Wilcenski: Is Mr. Ackermann here? Maybe we'll ask him. If you're finished
Mr. Schwartz, we'll ask Mr. Ackermann to come up because I think we have got a few
questions also.
Benia Schwartz: Surely, thank you.
William Ackermann: Is the question proposed, is there two doors in the back?
Chairman Wilcenski: Just state your name for the record.
William Ackermann: Bill Ackermann, William C. Ackermann.
Chairman Wilcenski: The question was asked, how many doors are facing the road?
And how many doors are in the back?
William Ackermann: Three in the back.
Chairman Wilcenski: Three in the back, which is facing which way?
William Ackermann: Facing east.
Chairman Wilcenski: East okay, and facing west is two?
William Ackermann: I beg your pardon?
Chairman Wilcenski: Facing west are how many doors?
William Ackermann: Three, they're adjacent to each other.
Southold Town Planning Board Page 127 October 3, 2016
Chairman Wilcenski: So there are three on each side?
William Ackermann: Yes, plus windows.
James H. Rich III: The elevation shows four?
Heather Lanza: Or five?
William Ackermann: There is a sliding door in the middle so that I can drive through it
and then close it up.
Chairman Wilcenski: So there are actually five doors?
William Ackermann: If you want to count the sliding door, yea.
Chairman Wilcenski: Okay, alright we have a couple of questions. What are the
intentions for the proposed use of the land?
William Ackermann: The land itself or the barn?
Chairman Wilcenski: The land.
William Ackermann: The land itself, it's a vineyard now and it's going to stay a
vineyard.
Chairman Wilcenski: Is it your vineyard?
William Ackermann: Yeah.
Chairman Wilcenski: Okay.
William Ackermann: There's roughly 8 acres of vineyard, the rest of the parcel, its
22.8, is not conducive to putting a vineyard on. So it'll just be grass.
Chairman Wilcenski: So 8 acres of planted vines and 22 acres of-
William Ackermann: Its 22.8 total, of which 8 are vines, and then there is buffer area
too, I don't know how you want to count that. Its 22.8 acres in total.
Chairman Wilcenski: Okay. Anybody else have any questions? Heather?
Heather Lanza: I do. There are just a couple things we want to have for our record.
One of the questions was, we see that the company is called North Fork Viticulture
Services, and that is actually the address of it, do you intend to run the business out of
this building?
William Ackermann: It's where I am going to store the tractors at.
Southold Town Planning Board Page 128 October 3, 2016
Heather Lanza: You are only using it to store tractors?
William Ackermann: That's it, there's nothing else that needs to be done there, tractors
and implements., I would rather have implements stored inside the barn than rather
unsightly outside of the barn, that's one of the main reasons.
Heather Lanza: Is that the reason for the size of the building, the quantity?
William Ackermann: I actually did a schematic, I can forward it to you if your need it, of
a footprint to show where all the pieces would fit. I still don't have room for all the
implements and things I want to keep under rooves so they are not damaged by
weather and what have you. I'd prefer they weren't outside, just kind of randomly sitting
around.
Heather Lanza: That would be good to provide that to the Board.
William Ackermann: Sure, okay.
Heather Lanza: How about the two driveways? Normally we like to see one curb-cut,
did you have a reason why you wanted the two driveways?
William Ackermann: Just because the ease of just driving, all it is, is a u-shape, that's
all. There are a lot of houses and other- I don't want to be coming in and out of there
onto Alvahs Lane, backing out if you will, I'd rather turn in and make it a safer way to get
in and out. If you're familiar with the property up on the,north side there is a hill, and
quite frankly people do come down there, not necessarily at the speed they should, and
so I just felt that it was safer to have it on the flat area where everybody could see
comings and goings, whether north or south.
Heather Lanza: Okay. The building has dormers, are you intending to add a second
floor?
William Ackermann: No, we have very light, you're probably familiar with them, picking
baskets and picking bins and things of that nature, and I just wanted to make use of
some cubic space.
Heather Lanza: So there is a second floor? Or not?
William Ackermann: It's a loft, it's just a loft above a barn. No access from outside.
Heather Lanza: Is that in any of the materials we have?
William Ackermann: Any of the materials, what do you mean?
Heather Lanza: Like the drawings or anything, because I didn't notice that, but it could
be that I didn't notice that we had it. That there was going to be a loft? I see a floor-
William Ackermann: I gave you the floor plan and the detailed drawings.
Southold Town Planning Board Page 129 October 3, 2016
Heather Lanza: I see a first floor plan, without details, but I didn't see anything about a
loft.
William Ackermann: I don't know if-
Heather Lanza: Do you have that?
William Ackermann: I don't have it with me.
Heather Lanza: No, no, not with you, but that you could give it to us?
William Ackermann: Yes, sure.
Heather Lanza: Okay. Will there be any bathrooms in the building?
William Ackermann: No, it's dry.
Heather Lanza: Will there be an office in the building?
William Ackermann: No.
Heather Lanza: I think that's all for my questions.
Chairman Wilcenski: How about no electric or water?
William Ackermann: They'll be electric.
Chairman Wilcenski: No water?
William Ackermann: The only water that will be there is because it is a vineyard, I'm
going to have to fill tanks for spraying and what have you. There is already a well in
place, etcetera, so it'll just have an outside spicket for water for the tanks.
Chairman Wilcenski: Does anyone else from the Board have any questions for Mr.
Ackermann?
Heather Lanza: I have one more question, I'm sorry Mr. Ackermann, in terms of the
orientation, had you thought about any other ways to orient the building and is there a
good reason why you wanted it this way?
William Ackermann: There is a good reason. I actually had started to look at another
location on the north side of the farm, again 60 feet off the property line, which is
basically 60 something feet off of Alvahs lane. The challenge with that, again is safety,
there's a substantial hill there, relative to the flat land that we're used to around here,
there's a substantial hill there. There's a current driveway that literally opens out onto
the hill and there was a day that I was coming in, just turning into the parking lot with my
truck and looking both ways up and down, just before I turned somebody came
speeding by me, even though I had my blinker on and everything, they came speeding
Southold Town Planning Board Page 130 October 3, 2016
by me, to my left, probably not being able to see me from just below that hill. So to me it
was just not going to be a safe place to put a busy driveway, a busy or not driveway.
Heather Lanza: Okay.
Chairman Wilcenski: Does anyone else have any questions? Thank you for your
answers. Yes, you can address the Board please.
Diane Crosser: Thank you, my name is Diane Crosser and I live at 500 Alvahs Lane.
We purchased our property in 1996, planted some trees in the back. When we needed
to put an addition on to bring my mom out, who was terminally ill, it was a lengthy
process of getting the permits, applying, submitting plans, reviewing plans, the
inspections. So, when I suddenly saw someone right in our backyard, quickly doing a lot
of clearing, I have photos of that and I have videos of that, I got concerned what was
happening. I went to Town and I spoke to Brian and I spoke to Tracey in the Building
Department, Scott Russell several times and also Mr. Kiely in the Attorney's
Department. I was told the only application was from the previous owner, that it was a
four stall horse barn and a small storage shed, that's much different than a 7,142
storage barn. A few people suggested that I speak to Mr. Ackermann and I did ask him
if he had spoken to any of the neighbors, he said yes, but none of the neighbors
recalled having any conversation with him and everyone quite frankly, the rumor on
Alvahs Lane was that it was a cattle farm. So, I did copy and I'll try and be succinct, I did
copy everything just to review what was going to happen, as Benja has said before, the
Town had nothing. Very often in Southold Town things pop up and then oops, they're
there and maybe someone pays the fine but no one seems to know about it, so again I'll
try and be succinct. On the environmental assessment form, the statement, this is from
Mr. Ackermann, the question is, "Does any aspect of the action have a current valid
permit or approval?" and it said, "This is an amendment to the Site Plan previously
approved by the Southold Town Planning Board.", that is not true, because the previous
one had expired and this was the first one coming up before you, so that statement was
not true. When I saw that it made me even more nervous. Continuing with this, and if
you have it, it's on page 9, the statement by Mr. Ackermann is, "That the proposed barn
is at a lower elevation to minimize scenic impact, eliminate the need for major
excavation, safe access for tractors from Alvahs Lane.", nothing is mentioned about the
safe access of kids, and there are a lot of kids on Alvahs Lane, getting on and off school
busses. On the weekend its limo city, limos, vans, you don't go out on the weekend.
Nothing has made mention of safety of pedestrians, people who walk dogs, people who
ride bikes, the only mention is for safety of tractors, I take issue with that, that that is not
a community responsible attitude to have, that were worried about equipment. It also
says rubble and debris has been removed, if you ride by there is plenty of debris still
there. The desire not to build where there is a setback, where there would be a visual
impact, and I could leave these with you, would be up towards the hill so none of the
residences are affected by it and any traffic, and traffic does not go the speed limit on
Alvahs Lane, any traffic would not pose a danger to either the people coming up the
road or danger to Mr. Ackermann, if it was set further back. Page 10, the property
development rights are sold, the proposed farm will provide existing agriculture by
providing storage for tractors, sprayer and the NFVS manages 10-12 local vineyards
totaling hundreds of acres. This is industrial use, this is not agricultural, this is not farm
Southold Town Planning Board Page 131 October 3, 2016
use, I'll take it one step further this is again Mr. Ackermann's words on page 13, "Barn
to be built on 23 acres NFVS is a growing vineyard management company and requires
a barn to store tractors, it directly supports agriculture.", so Alvahs Lane is supporting
the agriculture for all the vineyards that this company manages. I don't think it's fair to
the residents on Alvahs Lane, I don't think it's fair, it's a disaster to have that magnitude.
Benja before mentioned Satur Farms, that pales into comparison of the magnitude and
the size of what this building is going to be. If it needs to be there, it can easily be set
back from the road, again making it safe not only for the people that live there, again the
busses and limos, this is another accident waiting to happen, by having something so
close to the road. I'm not worried about the tractors, I'm worried about the people on the
road. The schematic talks about, on the application it says the height of the building, on
page 25, dimensions are 14 feet, the schematic shows the lowest height of the structure
is 22.6, this is as per Mr. Ackermann, this is where I got this from. I think there are so
many inconsistencies of what exists in this application and what is reality. There was no
approved Site Plan, there is a question with regard to storage on page 31, about a
pump house, chemical storage, fuel storage shown within a separate building, the
schematic does not have a separate building. Page 34 talks about no parking spaces,
not needed, how are the people that are going to operate that machinery going to get
there if there are no parking spaces? I think this was put together in a hurry, the land
was cleared so quickly that no one could think, no one knew what was going on and if
you polled the neighbors, everyone is thinking, cattle farm, cattle farm, that's what it is,
no one had any clue that this was happening. I appreciate your time, again, this is a
residential area, for the safety of the neighbors, for the safety of everyone there, I just
think its imperative that you look at this again, a 7,142 square foot storage barn to
service the entire north fork does not belong on Alvahs Lane. I thank you for your time.
Chairman Wilcenski: Thank you. Would anyone else like to address the Board?
Seeing none and since we do have a petition and there were several neighbors that
couldn't make it tonight, I would like to make a motion to keep the hearing open.
James H. Rich III: I make a motion.
William Cremers: Second.
Chairman Wilcenski: Motion made by Jim, seconded by Bill. Any discussion? All in
favor? ,
Ayes.
Opposed?
None.
Motion carries.
APPROVAL OF PLANNING BOARD MINUTES
Chairman Wilcenski: The last order of business is for the Board to approve the
minutes of: August 22, 2016 & September 12, 2016.
Southold Town Planning Board Page 132 October 3, 2016
James H. Rich III: I make a motion.
Martin Sidor: Second.
Chairman Wilcenski: Motion made by Jim, seconded by Martin. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion is passed.
Chairman Wilcenski: I need a motion for adjournment.
James H. Rich III: So moved.
William Cremers: Second.
Chairman Wilcenski: Motion made by Jim, seconded by Bill. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion is passed. Good evening.
There being no further business to come before the Board, the meeting was adjourned.
Respectfully submitted,
0
Jessica Michaelis
l Transcribing Secretary
Donald Wilcenski, Chairman
RECEIVED
- I pec
Nov 1 4 2016
An
South61176wn Clerk