HomeMy WebLinkAboutPB-05/08/2017 MAILING ADDRESS:
PLANNING BOARD MEMBERS w`QF so G P.O. Box 1179
DONALD J.WILCENSKI ®� 7010 Southold,NY 11971
Chair
OFFICE LOCATION:
WILLIAM J.CREMERS Town Hall Annex
PIERCE RAFFERTY G • 54375 State Route 25
JAMES H.RICH III � (cor.Main Rd. &Youngs Ave.)
MARTIN H.SIDOR l�(9®U �`(,v Southold, NY
Telephone: 631765-1938
www.southoldtownny.gov
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
PUBLIC MEETING
MINUTES
RECEIVED
, May 8, 2017 !t 3
6:00 p.m. JUN 1 5 2 117
Present were: Donald J. Wilcenski, Chairman a�P=!1r9d ?ote,n rir
Martin Sidor, Member
Pierce Rafferty, Member
Brian Cummings, Planner
Jessica Michaelis, Clerk Typist
SETTING OF THE NEXT PLANNING BOARD MEETING
Chairman Wilcenski: Good evening and welcome to the April 10, 2017 Public Meeting
for the Southold Town Planning Board. The first order of business is for the Board to set
Monday, May 8, 2017 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.
Martin Sidor: So moved.
Pierce Rafferty: Second.
Chairman Wilcenski: Motion made by Martin, seconded by Pierce. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
Southold Town Planning Board Page 12 May 8, 2017
SUBDIVISIONS
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:
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, that the Southold Town Planning Board hereby granted Conditional Final
Plat 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 suffoIkcountyny gov/Departments/CountyClerk/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
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; and
Southold Town Planning Board Page 13 May 8, 2017
WHEREAS, on December 13, 2016, the applicant's agent submitted the Administration
Fee in the amount of$4,000; and
WHEREAS, on March 7, 2017, the applicant's agent submitted twelve (12) paper copies
and four (4) Mylar copies of the Final Plat endorsed by the Suffolk County Department
of Health Services, and including the required notation of significant trees. The agent
also submitted proof of filing of the Declaration of Covenants and Restrictions, filed with
the Office of the Suffolk County Clerk under Liber 12893 and Page 133; and
WHEREAS, on April 20, 2017, the Planning Department conducted a site inspection
and confirmed that the required concrete survey monuments were installed as shown
on the Final Plat; and
WHEREAS, at their Work Session on April 24, 2017, the Planning Board required the
applicant to submit an additional Administration Fee in the amount of$2,000 to total
$6,000 pursuant to §240-37 Administration Fee of the Southold Town Code, based on
the recommendation from the Town Engineer and Town Attorney that the fee is
calculated using the total number of lots in the subdivision; and
WHEREAS, at their work session on April 24, 2017, the Planning Board, reviewed the
submitted documents and found that all requirements of Final Plat pursuant to Chapter
240 Subdivision of Land were met except for the submittal of the additional $2,000
Administration Fee; and
WHEREAS, on April 29, 2017, the applicant submitted the additional Administration Fee
in the amount of$2,000; and
WHEREAS, it is noted that Lot 2 is subject to a previously existing 20' Right of Way as
shown on the Map of Minor Subdivision of Land of Errol W. Doebler and also shown on
the Filed Map; and
WHEREAS, all requirements of Chapter 240 Subdivision of Land, Article VII: Final Plat
Review have been met; be it therefore,
RESOLVED, that the Southold Town Planning Board hereby grants Final Plat
Approval upon the map entitled "Final Plat for the Standard Subdivision of Philip and
Jennifer Stanton" dated July 16, 2008 and last revised January 4, 2017, prepared by
David Saskas, Licensed Land Surveyor, and authorizes the Chairman to endorse the
map.
Martin Sidor: Second.
Chairman Wilcenski: Motion made by Pierce, seconded by Martin. Any discussion? All
in favor?
Ayes.
Opposed?
Southold Town Planning Board Page 14 May 8, 2017
None.
Motion carries.
SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT
SEQRA Type Classifications:
Chairman Wilcenski: One Woman Vineyard Ag Storage Barn —This Site Plan is for
the proposed construction of a 1-story 4,410 sq. ft. building for agricultural storage, and
no basement located within a 0.22 acre building envelope 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 19110 Soundview Ave., ±800' s/w/o
Clark Rd. & Soundview Ave., in Southold. SCTM#1000-51-3-4.14
Martin Sidor:
WHEREAS, the Southold Town Planning Board, pursuant to State Environmental
Quality Review Act (SEQRA) 6 NYCRR, Part 617.5 (c), determined that the proposed
action is a Type II Action as it falls within the following description for 6 NYCRR, Part
617.5(c)(3) agricultural farm management practices, including construction,
maintenance and repair of farm buildings and structures, and land use changes
consistent with generally accepted principles of farming. The action is for the
construction of a 4,410 sq. ft. building for agricultural equipment storage; 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.
Pierce Rafferty: Second.
Chairman Wilcenski: Motion made by Martin, seconded by Pierce. 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, June 5, 2017 at
6:01 p.m. for a Public Hearing regarding the Site Plan entitled "One Woman
Vineyard", prepared by Jeffrey T. Butler P.E., dated February 27, 2017
Southold Town Planning Board Page 15 May 8, 2017
Pierce Rafferty: Second
Chairman Wilcenski: Motion made by Martin, seconded by Pierce. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
Chairman Wilcenski: North Fork Recycling (NF Sanitation) —This Site Plan is for
the proposed construction of a 1-story 960 sq. ft. building for office use attached to a 1
'/z-story 6,000 sq. ft. building for warehouse space and no basement with 16 parking
stalls on 5 acres in the Light Industrial Zoning District. The property is located at 8475
Cox Ln., in Cutchogue. SCTM#1000-83-3-4.7
Pierce Rafferty:
WHEREAS, this Site Plan is for the proposed construction of a 1-story 960 sq. ft.
building for office use attached to a 1 '/-story 6,000 sq. ft. building for warehouse space
and no basement with 16 parking stalls on 5 acres in the Light Industrial Zoning District,
Cutchogue; and
WHEREAS, the Southold Town Planning Board, pursuant to State Environmental
Quality Review Act (SEQRA) 6 NYCRR, Part 617, has determined that the proposed
action is an Unlisted Action as it does not meet any of the thresholds of a Type I Action,
nor does it meet any of the criteria on the Type II list of actions; be it therefore
RESOLVED, that the Southold Town Planning Board has determined that this proposed
action is an Unlisted Action under SEQRA as described above.
Martin Sidor: Second.
Chairman Wilcenski: Motion made by Pierce, seconded by Martin. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
Southold Town Planning Board Page 16 May 8, 2017
Pierce Rafferty: And be it further
RESOLVED, that the Southold Town Planning Board sets Monday, June 5, 2017 at
6:02 p.m. for a Public Hearing regarding the Site Plan entitled "North Fork Recycling
Inc.", prepared by Jeffrey T. Butler, P.E., dated December 16, 2016 and last revised
April 28, 2017.
Martin Sidor: Second.
Chairman Wilcenski: Motion made by Pierce, seconded by Martin. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
SEQRA Determinations:
Chairman Wilcenski: North Fork United Methodist Church - This Site Plan is for the
proposed construction of a 1-story 7,640 sq. ft. place of worship with no basement and
42 parking stalls including 4 ADA on 2.45 acres in the Limited Business (LB) Zoning
District, Southold.. The property is located at 43960 CR 48, in Southold. SCTM#1000-
63-1-15
Martin Sidor:
WHEREAS, this Site Plan is for the proposed construction of a 1-story 7,640 sq. ft.
place of worship (no basement) and 42 parking stalls including 4 ADA on 2.45 acres in
the Limited Business (LB) Zoning District, Southold; and
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.
Pierce Rafferty: Second
Chairman Wilcenski: Motion made by Martin, seconded by Pierce. Any discussion? All
in favor?
Southold Town Planning Board Page 17 May 8, 2017
Ayes.
Opposed?
None.
Motion carries.
Martin Sidor: 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.
Pierce Rafferty: Second
Chairman Wilcenski: Motion made by Martin, seconded by Pierce. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
SITE PLANS
Determinations:
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.) building for the
use of wine production and storage (not open to the public) on a 0.76 acre parcel
(SCTM1000-51-3-5) with an existing single trailer (permit 178) and nine (9) parking
spaces. The subject parcel is proposed to be merged with an adjacent 2.7 acre reserve
area (SCTM1000-51-3-4.11) which is attached to ±18.8 acres of farmland (SCTM1000-
51.-3-4.14) with Development Rights held by Suffolk County in the AC Zoning District,
Southold. 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:
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.) building for the use of wine production and
Southold Town Planning Board Page 18 May 8, 2017
storage (not open to the public) on a 0.76 acre parcel (SCTM#1000-51-3-5) with an
existing single trailer (permit 178) 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, on August 2, 2016, Nancy Steelman, authorized agent, submitted a Site
Plan Application for review; and
WHEREAS, on September 12, 2016, the Planning Board found the application
incomplete for review and required additional information and revisions to the site plan;
and
WHEREAS, on September 22, 2016, Nancy Steelman, authorized agent, submitted
revised site plans and other information as required by the Planning Board; and
WHEREAS, on October 3, 2016, the Planning Bound accepted the application as
complete for review; and
WHEREAS, on October 3, 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 pursuant to §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" and, therefore, not subject to review because the proposed construction is for
an existing agricultural site; and
WHEREAS, on November 3, 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 proposed action is exempt from review by the Suffolk County Planning
Commission (SCPC); and
WHEREAS, on November 7, 2016, a Public Hearing was held and kept open. The
Planning Board sent a letter to the applicant requesting several questions to be
answered regarding the proposed site; and
WHEREAS, on December 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 December 5, 2016, the Public Hearing was continued and closed; and
WHEREAS, on December 6, 2016, the Architectural Review Committee reviewed the
proposed project and approved it as submitted; and
Southold Town Planning Board Page 19 May 8, 2017
WHEREAS, on December 21, 2016, the Southold Town Engineer reviewed the
proposed application and determined certain revisions in order for the proposed
drainage to meet the minimum requirements of Chapter 236 for Storm Water
Management; and
WHEREAS, on January 3, 2017, the Southold Fire District determined there was
adequate fire protection for the site; and
WHEREAS, on January 6, 2017, 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, at a work session on January 9, 2017, the Planning Board reviewed
comments from referrals and staff analysis and required revisions to the site plan; and
WHEREAS, on March 1, 2017, Nancy Steelman, authorized agent, submitted revised
site plans; and
WHEREAS, at a work session on March 13, 2017, the Planning Board reviewed the
revised site plans and determined that approval from the Suffolk County Department of
Health Services (SCDHS) remained outstanding; and
WHEREAS, on April 4, 2017, the Southold Town Chief Building Inspector reviewed and
certified the proposed Agricultural Storage/Production building as a permitted use in the
A-C Zoning District; and
WHEREAS, on April 9, 2017, the Suffolk County Department of Health Services
(SCDHS) granted approval (Reference #C10-13-0005); and
WHEREAS, on May 8, 2017, the Southold Town Planning Board determined that all
applicable requirements of the Site Plan Regulations, Article XXIV, §280 — Site Plan
Approval of the Town of Southold, have been met; therefore, be it
RESOLVED, that the Southold Town Planning Board has determined that this proposed
action is consistent with the policies of the Town of Southold Local Waterfront
Revitalization Program.
Martin Sidor: Second.
Chairman Wilcenski: Motion made by Pierce, seconded by Martin. Any discussion? All
in favor?
Ayes.
Opposed?
Southold Town Planning Board Page 110 May 8, 2017
None.
Motion carries.
Pierce Rafferty: And be it further
RESOLVED, that the Southold Town Planning Board approves the Site Plan with
three (3) conditions entitled "Renovations and Additions to the Purita Winery",
prepared by Nancy L. Steelman R.A., dated July 27, 2016 and last revised February 27,
2017, and authorizes the Chairman to endorse the Site Plan and the following nine (9)
plans, after condition #1 has been met.
1. SP — 1 Overall Site Plan
2. SP —2 Production Building Site Landscape & Lighting Plan
3. SP — 3 Site Photometric Lighting Plan
4. U — 1 Production Building Site Utilities Plan
5. U — 2 Production Building Site Utility Details
6. U — 3 Tasting Room Building Site Utilities Plan
7. U —4 Tasting Room Building Details & Calculations
8. A— 1 Production Building Floor Plans
9. A—2 Winery Elevations
Conditions:
1. Provide proof, in the form of a copy of the filed deed from the Office of the
Suffolk County Clerk's Office, that the two parcels SCTM#1000-51.-3-5 &
1000-51.-3-4.11 have been merged;
2. Prior to the issuance of a Certificate of Occupancy, a written approval from
the SCDHS for the abandonment of the existing sanitary systems proposed
to be removed as shown on the site plan shall be provided;
3. This wine production building and site plan are designed and approved for
owner use only and shall not be open to the public.
Martin Sidor: Second.
Chairman Wilcenski: Motion made by Pierce, seconded by Martin. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Southold Town Planning Board Page 111 May 8, 2017
Motion carries.
Approval Extensions:
Chairman Wilcenski: Goggins, William -This Site Plan is to convert an existing 2,187
sq. ft. single family dwelling to include two one-bedroom apartment units at 600 sq. ft.
each and a 785 sq. ft. office pursuant to ZBA File #6677. Eight parking stalls are
proposed at 13200 NYS Rt. 25, Mattituck, in the HB Zoning District. The property is
located at 13200 Route 25, ±225' west of Wickham Avenue, Mattituck. SCTM#1000-
114-11-9.1
Martin Sidor:
WHEREAS, this proposed Site Plan is to convert an existing 2,187 sq. ft. single family
dwelling to include two one-bedroom apartment units at 600 sq. ft. each and a 785 sq.
ft. office pursuant to ZBA File #6677. Nine parking stalls are proposed at 13200 NYS Rt.
25, Mattituck, in the HB Zoning District; and
WHEREAS, on July 7, 2014, the Planning Board granted approval to the Site Plan
entitled "Alterations to 13200 Main Road, Mattituck", prepared by James J. Deerkoski,
P.E., dated January 30, 2012; and
WHEREAS, on March 18, 2016, the Planning Board notified the applicant that Site Plan
Approval had expired; and
WHEREAS, on April 7, 2016, Anthony H. Palumbo, current owner, submitted a letter
requesting an Extension of Site Plan Approval and provided reasoning that the
Approved Site Plan was not completed due to a Variance being sought for a fire
sprinkler system and the scope of the project; and
WHEREAS, on May 2, 2016, the Planning Board reviewed the application and
determined that the expired Site Plan was in compliance with the current rules and
regulations and granted an extension of approval for one year to May 2, 2017 with two
(2) conditions: (1) Provide the renewal from the NYSDOT for Highway Work Permit
#20141031873 and submit a print of the renewed Site Plan that includes the NYSDOT
stamp to this Department; and (2) Provide the renewal of Reference #C10-12-0003,
received by the Suffolk County Department of Health Services (SCDHS), and submit a
print of the renewed Site Plan that includes the SCDHS stamp to this department; and
WHEREAS, on April 27, 2017, Anthony Palumbo, owner, submitted a letter requesting
an Extension of Site Plan Approval and provided the renewal for NYSDOT Permit
#20141031873 that will expire July 12, 2017 and renewal for SCDHS permit C10-12-
0003 at 373GPD to expire May 2, 2019; and
Southold Town Planning Board Page 112 May 8, 2017
WHEREAS, at their Work Session on May 8, 2017, the Planning Board reviewed the
application and determined that the expired Site Plan was in compliance with current
rules and regulations and found that the two (2) conditions of the previous extension
have been met; and
WHEREAS, the applicant purchased 0.62 sanitary flow credits from the Town's TDR
Bank for its development of a single affordable apartment unit in this building; the Town
Code requires a covenant restricting the amount of rent that can be charged for this
apartment to that amount set by the Town Board annually for the maximum amount to
be charged for rent of affordable housing units, and that tenants of this affordable
apartment must meet the eligibility requirements for affordable housing in Southold
Town; and
WHEREAS, there is no evidence in the Planning Board's file that this covenant has
been filed; be it therefore
RESOLVED, that the Southold Town Planning Board grants an Extension of Site Plan
Approval for one (1) year from May 8, 2017 to May 8, 2018 on the Site Plan entitled
"Alterations to 13200 Main Road, Mattituck", prepared by James J. Deerkoski, P.E.,
dated January 30, 2012, with the following condition:
Condition of approval extension:
1. Submit evidence that the required covenants and restrictions as outlined in the
Planning Board's July, 2014 approval resolution and required by Town Code
§117-9 were filed. These covenants would require that one of the two apartments
must be rented to a tenant that is eligible under the Affordable Housing
requirements and that the rent charged by the landlord does not exceed the
rental amounts set annually by the Town Board for affordable apartments. Note
the exact wording of the required covenants was to be approved by the Town
Attorney.
2. In the event the covenants referenced above were not filed, the approval
extension shall be granted only after proof of the filing has been provided.
3. A certificate of occupancy for the affordable apartment shall not be issued prior to
the filing of the covenants referenced above.
Pierce Rafferty: Second
Chairman Wilcenski: Motion made by Martin, seconded by Pierce. Any discussion?All
in favor?
Ayes.
Opposed?
Southold Town Planning Board Page 113 May 8, 2017
None.
Motion carries.
Stipulation of Settlement Amendment:
Chairman Wilcenski: NOCRO, Ltd., et al. v. Russell, et al. —Amendment to the
Stipulation of Settlement (re: The Heritage of Cutchogue Site Plan).
Pierce Rafferty:
RESOLVED, that the Planning Board of the Town of Southold hereby authorizes and
directs Chairman Donald Wilcenski, on behalf of the Planning Board, to execute an
"Amendment to Stipulation of Settlement" with regard to the Suffolk County Supreme
Court lawsuit entitled NOCRO, Ltd., et al. v. Russell, et al. (Suffolk County Index No.
09-19101), subject to the approval of the Town Attorney.
Martin Sidor: Second.
Chairman Wilcenski: Motion made by Pierce, seconded by Martin. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
PUBLIC HEARINGS
Chairman Wilcenski: 6:01 p.m. - East End Tick & Mosquito Pest Control -This Site
Plan is for the proposed conversion of an existing building to a single family dwelling
with an attached business office with four (4) parking stalls on 0.25 acres in the Limited
Business (LB) Zoning District. The property is located at 36570 Route 25, ±420' s/w/o of
Skunk Lane & Main Road, Cutchogue. SCTM#1000-97-3-2
Chairman Wilcenski: At this time I would like to ask anyone from the audience if they
would like to address the Board on East Ent Tick, please step to one of the podiums,,
state your name, write your name for the record and address all your comments to the
Board.
Michael Kimack: Michael Kimack, agent for the applicant, I am here if there are any
questions on this application.
Southold Town Planning Board Page 114 May 8, 2017
Chairman Wilcenski: Do any Board members or staff have any questions for Mr.
Kimack? No thank you.
Michael Kimack: Thank you.
Chairman Wilcenski: Would anyone else in the audience like to address East End Tick
and Mosquito Pest Control? Hearing and seeing none.
Martin Sidor: I make a motion to close the hearing.
Pierce Rafferty: Second
Chairman Wilcenski: Motion made by Martin, seconded by Pierce. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
HEARINGS HELD OVER
Chairman Wilcenski: Martz, Theodore C. Jr. - This proposal is for a Standard
Subdivision of a 1.62 acre parcel into two lots where Lot 1 equals 0.71 acres and Lot 2
equals 0.92 acres, located in the R-40 Zoning District. The Zoning Board of Appeals
granted an Area Variance to allow for Lot 1 to be less than 40,000 sq. ft. The property is
located at 555 Broadwaters Road, approximately 80 feet west of Wunneweta Road,
Cutchogue. SCTM#1000-104-12-6.1
Chairman Wilcenski: Since this meeting was held over frm last month, we did receive
one letter from the Nassau Point Homeowners Association and that letter has been
placed into the file. There was also one question that was asked at the last Public
Hearing that we seeked counsel on, the question was could the Planning Board
override a ZBA decision and Town Counsel Bill Duffy will answer that question before
we open the floor.
Bill Duffy: Mr. Chairman, where the ZBA has given a variance for lot size, as is in the
case here, you can't override it and then deny the application based on not having
enough lot size. But, obviously you still have the ability to go through the Planning
process and if you had other concerns such as environment, noise or traffic that you
could deny it based on those grounds but you cannot deny it because the lot size is not
sufficient.
Southold Town Planning Board Page 115 May 8, 2017
Chairman Wilcenski: Okay, thank you. Would anyone like to address the Planning
Board on Theodore Martz Jr.? Please state you name, write your name for the record
and address your comments to the Board.
Ed Giordano: That answer didn't give me what I was looking for. What I was looking for
was conclusion to something. I was expecting some sort of conclusion to that open
ended question, so that you could come to the final resolution of whether you are going
to allow this or not allow this. All of those concerns have been voiced at the Zoning
Board for approval to get this subdivision going, and all of that stuff was approved.
When it was held open the last time, when we expected okay next step, next step, we
are good to go, we are now another month into the future. I didn't think that answered
the question, you can or you can't overrule?
Bill Duffy: No you cannot overrule.
Ed Giordano: No you cannot, but it opened up to so many other variables which were
already addressed with the Zoning Board of Appeals. All of the concerns that were
voiced here at the last meeting were voiced before the Zoning Board of Appeals and
they came to the conclusion, we would approve this. That's where I am kind of hung
up?
Chairman Wilcenski: That is just part of the process, the Zoning Board of Appeals,
they ask us for recommendations, but once the Zoning Board of Appeals makes a ruling
or a decision then we still, as the Planning Board of the Town, have to go through the
whole process of referrals and Public Hearing, and getting information from all our
referrals and doing due diligence on the application.
Ed Giordano: Unless someone else is here to voice concerns, does that mean you've
concluded accepting concerns?
Chairman Wilcenski: We are still working on some of the questions that have been
brought in. We just received a letter yesterday from the Nassau Point Home Owners
Association, so that will be addressed; we'll have to look at that.
Ed Giordano: They just delivered that letter yesterday?
Chairman Wilcenski: Yes, it was allowed because the hearing was held open.
Ed Giordano: So the hearing will continue to be held open.
Chairman Wilcenski: That is up to the Board, we will decide that after we hear from the
rest of the floor.
Southold Town Planning Board Page 116 May 8, 2017
Ed Giordano: My apologies, I guess I don't understand the whole process well enough.
have been living through it with him for 2 Y2 years now. He is trying to get some sort of
conclusion so that he can change his life, and move onto other things like retire.
Chairman Wilcenski: I understand that, but the ZBA has their own guidelines and their
own protocol and then it comes to us. It may seem a little erroneous and repetitive, but
that's the process.
Ed Giordano: Thank you very much. If I wait and nobody says anything, that's good
right?
Chairman Wilcenski: We will find out. Would anyone else like to address the Board on
Theodore Martz? Seeing none.
Pierce Rafferty: I make a motion to close the hearing.
Martin Sidor: Second
Chairman Wilcenski: Motion made by Pierce, seconded by Martin. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
Chairman Wilcenski: North Fork United Methodist Church - This Site Plan is for the
proposed construction of a 7,640 sq. ft. place of worship and 42 parking stalls including
4 ADA on 2.45 acres in the Limited Business (LB) Zoning District. The property is
located at 43960 CR 48, in Southold. SCTM#1000-63-1-15
Chairman Wilcenski: At this time I would like to ask anyone if they would like to
address the Planning Board on North Fork United Methodist Church, please state your
name, write your name and direct your comments to the Board.
Erik Brown: My name is Erik Brown; I am the owner of Erik's on the opposite corner.
My question is, I know they are widening the road on 48 there right now, is that all part
of what's happening with the church? And I am curious about the distance between the
church and the restaurant on the south corner, the little restaurant on the south corner
there.
Chairman Wilcenski: Okay you want to know the distance between the two buildings?
Southold Town Planning Board Page 117 May 8, 2017
Erik Brown: Yes between the two.buildings.
Chairman Wilcenski: We don't have that on an overlay, we could get that information
for you.
Erik Brown: I would like to know the distance, if I ever chose to do other things at the
restaurant, something I wouldn't be able to do if the church is too close or not too close.
Chairman Wilcenski: There are set-offs for the church. Bear with me one second; I
could probably give you the distance. You are talking about the building from the road?
Erik Brown: Yes, the building, from 48.
Chairman Wilcenski: From the front northwest corner, front meaning facing Route 48,
from the front northwest corner at the closest point to 48 it is 102 feet back. At that
same corner there doesn't seem to be a distance but I would say its probably at least
100 feet.
Erik Brown: Another 100 feet?
Chairman Wilcenski: Yes, that's where its set right now with all the parking in the rear.
Erik Brown: Okay, that answers my question. Thanks.
Chairman Wilcenski: Thank you. Would anyone else like to address the Board on
North Fork United Methodist Church? Anyone? Seeing and hearing none.
Martin Sidor: I make a motion to close the hearing.
Pierce Rafferty: Second.
Chairman Wilcenski: Motion made by Martin, seconded by Pierce. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
APPROVAL OF PLANNING BOARD MINUTES
Chairman Wilcenski: We need a motion to approve the Planning Board minutes of
March 13, 2017.
Southold Town Planning Board Page 118 May 8, 2017
Pierce Rafferty: So moved.
Martin Sidor: Second
Chairman Wilcenski: Motion made by Pierce, seconded by Martin. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
Chairman Wilcenski: We need a motion to adjourn the meeting.
i
Martin Sidor: So moved.
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Pierce Rafferty: Second.
Chairman Wilcenski: Motion made by Martin, seconded by Pierce. Any discussion? All
in favor?
Ayes.
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Opposed?
None.
Motion carries.
There being no further business to come before the Board, the meeting was adjourned.
Respectfully submitted,
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r � �.,('"�� Jessica Michaelis
L � ,,a► Transcribing Secretary
Donald J. Wilcenski, Chairman RECEIVED
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'2?o"uthold Town Clerk