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HomeMy WebLinkAboutPB-12/19/2016 MAILING ADDRESS: PLANNING BOARD MEMBERS w� ®F SOU,. P.O. Box 1179 DONALD J.WILCENSKI ®Vv� y®l® Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY G ® Q 54375 State Route 25 JAMES H.RICH III 'P®l (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR ycou e,� Southold, NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD SPECIAL MEETING MINUTES - RECEIVED December 19, 2016 2:30 p.m. ,M 8Ol�" Present were: Donald J. Wilcenski, Chairman Southold Town Clerk James H. Rich III, Vice Chairman Martin Sidor, Member William Cremers, Member Heather Lanza, Planning Director Mark Terry, Assistant Planning Director Brian Cummings, Planner Chairman Wilcenski: Good afternoon and welcome to the November 21, 2016, Planning Board Special Meeting. SUBDIVISIONS - STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQRA) SEQRA Determinations of Significance: Chairman Wilcenski: Fox Lane Residences -This proposed Site Plan is for the construction of four (4) tenant-occupied affordable housing units in three (3) structures: two, one bedroom units at ±560 sq. ft. and one ±880 sq. ft. structure including a ±534 _sq. ft. single bedroom unit and ±346 sq. ft. studio on 0.75 acres in the AHD Zoning District, Fishers Island. The property is located on Fox Lane, ±350' n/w/o Fox Lane & Whistler Avenue, Fishers Island. SCTM#1000-12.-1-1.2 James H. Rich III: WHEREAS, this proposed Site Plan is for the construction of four (4) tenant-occupied affordable housing units'in three (3) structures: two, one bedroom units at ±560 sq. ft. and one ±880 sq. ft. structure including..a ±534 sq. ft. single bedroom unit and ±346 sq. ft. studio on 0.75 acres in the AHD Zoning District, Fishers Island; and Southold Town Planning Board Page 12 December 19, 2016 WHEREAS, the Planning Board performed a coordinated review of this Unlisted Action pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality Review Act (SEQRA); be it therefore RESOLVED, that the Southold Town Planning Board hereby declares Lead Agency status for the SEQRA review of this Unlisted Action. William Cremers: Second. Chairman Wilcenski: Motion made by Jim, seconded by Bill. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. James H. Rich III: And be it further RESOLVED, that the Southold Town Planning Board, as Lead Agency, pursuant to SEQRA, hereby makes a determination of non-significance for the proposed action and grants a Negative Declaration. William Cremers: Second. Chairman Wilcenski: Motion made by Jim, seconded by Bill. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. Chairman Wilcenski: The next resolution we have is for James Creek landing for which I am recusing myself. Vice-Chairman Jim Rich will take over. SUBDIVISIONS Final Plat Determinations: Southold Town Planning Board Page 13 December 19, 2016 Vice-Chairman Rich: James Creek Landing - This proposal is to subdivide a split- zoned parcel into five lots where Lot 1 = 2 acres inclusive of a 1 acre Open Space Easement Area; Lot 2 = 2 acres inclusive of a 1.2 acres Open Space Easement Area; Lot 3 = 5.5 acres inclusive of a 1.3 acres Open Space Easement Area; and Lot 4 = 3.7 acres inclusive of a 1.7 acres Open Space Easement Area in the R-80 Zoning District. Lot 5 = 1.8 acres inclusive of 0.3 acres of Open Space Easement Area and is located in the B Zoning District. The property is located at 11950 NYS Route 25, on the west side of NYS Route 25, approximately 280' south of New Suffolk Avenue in Mattituck. SCTM#1000-122-3-1.4 Martin Sidor: WHEREAS, this proposal is to subdivide a split-zoned parcel into five lots where Lot 1 = 89,257 sq. ft. inclusive of a 44,604 sq. ft. Open Space Easement Area; Lot 2 = 90,713 sq. ft. inclusive of a 50,351 sq. ft. Open Space Easement Area; Lot 3 = 237,667 sq. ft. inclusive of a 57,878 sq. ft. Open Space Easement Area; and Lot 4 = 159,987 sq. ft. inclusive of a 75,152 sq. ft. Open Space Easement Area in the R-80 Zoning District. Lot 5 = 77,747 sq. ft. inclusive of 14,596 sq. ft. of Open Space Easement Area and is located in the B Zoning District; and WHEREAS, on May 5, 2016 that the Southold Town Planning Board granted Conditional Final Approval upon the map entitled "Final Plat of James Creek Landing", prepared by Nathan Taft Corwin III, Land Surveyor, dated July 12, 2005 and last revised March 17, 2015, subject to the following conditions to be completed prior to Final Plat Approval: a. Town Board approval of the Performance Bond. b. Finalize the Open Space Conservation Easement, Road & Maintenance Agreement and the Covenants & Restrictions. c. Once the legal documents have been finalized, file the final drafts, as approved by the Planning Board, of the Open Space Conservation Easement, Covenants & Restrictions and Road & Maintenance Agreement with the Office of the Suffolk County Clerk. d. The following items must be removed/revised from the Final Plat entitled "Final Plat of James Creek Landing", dated July 12, 2015 and last revised March 17, 2015: i. Remove all shading and hatching; ii. Remove all contours; iii. Remove all proposed dock notations and illustrations on proposed Lot 1; Southold Town Planning Board Page 14 December 19, 2016 iv. Revise the "Common Dock Access Easement" to say "Pedestrian Access Easement"; v. The map shows a solid line in the right-of-way northwest of Lot 2. The solid line must be removed; vi. The right-of-way shown on the west of N/O/F Alfred and Christina Steiner has been relinquished by the property owner and no longer exists. This right-of-way must be removed from the final map; vii. Show all proposed monuments as required by Town Code §240-41 C; e. 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.suffoikcountyny.gov/Departments/CountyClerk/Maps/Subdivisi onMap.aspx f. Once the above map revisions have been submitted and approved by the Planning Board, submit to the Town Planning Department twelve (12) paper copies of the Final Plat and four (4) Mylar copies of the Final Plat, all endorsed by the Suffolk County Department of Health Services with their approval stamp. WHEREAS, on December 9, 2016, the applicant submitted the administration fee in the amount of$7,112.40, this amount is incorrect, and has subsequently been determined to be $6,212.40; and WHEREAS, an overpayment of$900.00 was received and will be returned to the applicant, and WHEREAS, the Planning Board found that a suitable park cannot be properly located within the subdivision, and on December 9, 2014 the applicant submitted the Park and playground fee in the amount of$21,000.00 in lieu thereof, pursuant to 240-53 G of the Southold Town Code; and WHEREAS, the Road and Maintenance Agreement dated September 20, 2016 has been recorded with the Office of the Suffolk County Clerk Liber D00012880 and Page 469' and WHERAS, the Declaration of Covenant and Restrictions dated September 20, 2016 have been recorded with the Office of the Suffolk County Clerk Liber D00012880 and Page 470, and Southold Town Planning Board Page 15 December 19, 2016 WHERAS, the Conservation Easement dated, September 20, 2016 has been recorded with the Office of the Suffolk County Clerk Liber D00012885 and Page 157, and WHEREAS, on November 9, 2016 the Southold Town Planning Board accepted the Bridgehampton National Bank Irrevocable Letter of Credit No 17000503 in the amount of$103,540.00 for the performance guaranty for public improvements; and WHEREAS, on December 6, 2016, the Southold Town Board approved the Irrevocable Letter of Credit No 170000503 in the amount of$103,540.00, dated September 30, 2016 and issued by Bridgehampton National Bank; and WHEREAS, on November 28, 2016, the agent submitted mylars and prints endorsed by the Suffolk County Department of Health Services on November 18, 2016, and WHEREAS, on December 5, 2016 the Planning Board, at their Work Session, reviewed the submitted documents and found that all requirements of Final Plat pursuant to §240- 21 Technical Requirements have been met; be it therefore RESOLVED, the Southold Town Planning Board recommends to the Town Board that the $900 overpayment of the administration fee be refunded to the applicant. William Cremers: Second. Vice-Chairman Rich: Motion made by Martin, seconded by Bill. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. Martin Sidor: And be it further RESOLVED, that the Southold Town Planning Board hereby grants Final Plat Approval upon the map entitled "Final Plat of James Creek Landing", dated September 10, 2001 and last revised May 12, 2016, prepared by Nathan Taft Corwin III, Land Surveyor, and authorizes the Chairman to endorse the map. William Cremers: Second. Vice-Chairman Rich: Motion made by Martin, seconded by Bill. Any discussion? All in favor? Southold Town Planning Board Page 16 December 19, 2016 Ayes. Opposed? None. Motion carries. SITE PLANS 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 Chairman Wilcenski: Please make note that Member Sidor is recused from this project. William Cremers: WHEREAS, 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; and WHEREAS, on July 29, 2016, Charles Cuddy, authorized agent, submitted a Site Plan Application for review; and WHEREAS, on August 8, 2016, the Planning Board formally accepted the 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 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 August 18, 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 17 December 19, 2016 WHEREAS, on August 25, 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 26, 2016, the Architectural Review Committee reviewed the proposed project and approved it as submitted; and WHEREAS, on September 12, 2016, a public hearing was held and closed; and WHEREAS, on September 19, 2016, the Cutchogue Fire District determined there was adequate fire protection for the site; and WHEREAS, on September 26, 2016, the Suffolk County Planning Commission (SCPC) reviewed the proposed project and considered it to be an action for local determination as there appears to be no significant county-wide or inter-community impact(s); and WHEREAS, on September 27, 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 September 28, 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, all input from the public hearing and recommendations from agencies listed above were considered and incorporated into the plans to the satisfaction of the Planning Board; and WHEREAS, on November 7, 2016, the Southold Town Planning Board determined that all applicable requirements of the Site Plan Regulations, Article XXIV, §280 — Site Plan Approval of the Town of Southold, have been met with exception of the conditions listed below; and WHEREAS, on November 14, 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 December 16, 2016, the Southold Town Chief Building Inspector reviewed and certified the proposed brewery as a permitted use in the Light Industrial Zoning District; 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. Southold Town Planning Board Page 18 December 19, 2016 James H. Rich III: Second. Chairman Wilcenski: Motion made by Bill, seconded by Martin. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. William Cremers: And be it further RESOLVED, that the Southold Town Planning Board hereby grants approval, with conditions, for the Site Plan entitled "Three's Brewing East", prepared by Eric Nicosia R.A., dated July 17, 2016 and last revised October 18, 2016, and authorizes the Chairman to endorse the Site Plan after the two conditions listed below have been met. The Site Plan includes the following six pages: AC — 1: Zoning/Data/Alignment Plan AC — 2: Existing Conditions/ 500' Radius AC — 3: Landscape/Lighting Plans AC —4: Grading/Drainage/Utility Plan AC — 5: Water/Sanitary Plan AC —6: Site Details Conditions: 1. Obtain approval from the Suffolk County Department of Health Services (SCDHS) for the plan referenced above, and provide one (1) print of the approved plan with the seal, stamp and signature of the SCDHS to this department; 2. Covenants & Restrictions are required as follows: 1. The applicant, its assigns or successors shall not use any part of the site as a tasting room or for retail use without making application to, and obtaining approval of, the Southold Town Planning Board. 2. The Declarant shall only make an application for site plan approval for a use or an accessory use that is set forth in the Town Code as a specifically permitted or accessory use for the zoning district and location of the Property. Southold Town Planning Board Page 19 December 19, 2016 File the Covenants & Restrictions with the Office of the Suffolk County Clerk and provide proof of filing to this department including the receipt displaying the liber and page number. James H. Rich III: Second. Chairman Wilcenski: Motion made by Bill, seconded by Martin. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. OTHER Final Road Completion Report from Town Engineer: Chairman Wilcenski: Mill Creek Preserve —This application subdivided a 79.71 acre parcel into 6 residential lots where Lot 1 equals 138,177 sq. ft.; Lot 2 equals 87,939 sq. ft.; Lot 3 equals 111,690 sq. ft.; Lot 4 equals 64,469 sq. ft.; Lot 5 equals 45.58 acres, inclusive of 44.38 acres upon which Development Rights have been sold, and a 1.19 acre building envelope; Lot 6 equals 23.61 acres, inclusive of 22.23 acres upon which Development Rights have been sold, and a 1.37 acre building envelope. The total area of Development Rights sold to the County of Suffolk equals 50.87 acres. The property is located on Pond Avenue, n/o SR 25, 430' e/o Laurel Avenue, in Southold. SCTM#1000- 56-1-11.1. This subdivision map has been filed and the road has been completed and inspected by the Town Engineer. James H. Rich III: WHEREAS, This approved application subdivided a 79.71 acre parcel into 6 residential lots where Lot 1 equals 138,177 sq. ft.; Lot 2 equals 87,939 sq. ft.; Lot 3 equals 111,690 sq. ft.; Lot 4 equals 64,469 sq. ft.; Lot 5 equals 45.58 acres, inclusive of 44.38 acres upon which Development Rights have been sold, and a 1.19 acre building envelope; Lot 6 equals 23.61 acres, inclusive of 22.23 acres upon which Development Rights have been sold, and a 1.37 acre building envelope. The total area of Development Rights sold to the County of Suffolk equals 50.87 acres. WHEREAS, on November 2, 2016, the Southold Town Engineer issued a Final Inspection Report indicating that all requirements have been met except the installation of new signage, and Southold Town Planning Board Page 110 December 19, 2016 WHEREAS, the Applicants Agent has indicated new signage has since been installed and no further work is required; be it therefore RESOLVED, that the Southold Town Planning Board hereby accepts the Final Inspection Report dated November 2, 2016 and has determined that all requirements of the Chapter 240 Subdivision of Land have been met. William Cremers: Second. Chairman Wilcenski: Motion made by Jim, seconded by Bill. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. 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 carries. There being no further business to come before the Board, the meeting was adjourned. Respectfully kubmitted, Jessica Michaelis Transcribing Secretary Donald J. Wilcenski, Chairman