HomeMy WebLinkAboutPB-04/10/2017 MAILING ADDRESS:
PLANNING BOARD MEMBERS `of s®Ur P.O.Box 1179
DONALD J.WILCENSKI ®V�`v yO�o Southold, NY 11971
Chair
OFFICE LOCATION:
WILLIAM J.CREMERS Town Hall Annex
PIERCE RAFFERTY G ® Q 54375 State Route 25
JAMES H.RICH III mol (cor.Main Rd. &Youngs Ave.)
MARTIN H.SIDOR �V ylrou ��c� r Southold, NY ,
Telephone: 631765-1938
www.southoldtownny.gov
PLANNING BOARD OFFICE '
TOWN OF SOUTHOLD
PUBLIC MEETING
MINUTES RECEIVED
April 10, 2017 JU �it 017
- 6:00 p.m.
( , �2�tx,
Southold Town Cerk
Present were: James H. Rich III, Vice-Chairman
Martin Sidor, Member
Pierce Rafferty, Member
Heather Lanza, Planning Director
Mark Terry, Assistant Planning Director
Brian Cummings, Planner
Jessica Michaelis, Clerk Typist
SETTING OF THE NEXT PLANNING BOARD MEETING
Vice-Chairman Rich: 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.
Vice-Chairman Rich: Motion made by Martin, seconded by Pierce. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
Southold Town Planning Board Page 12 April 10, 2017
SUBDIVISIONS
Preliminary Plat Extensions:
Vice-Chairman Rich: Ridgway - This proposal is to subdivide a 9.6 acre parcel into 3
clustered lots where Lot 1 equals 4.3 acres inclusive of 3.8 acres of open space and 1.4
acres of unbuildable land, Lot 2 equals 1.6 acres and Lot 3 equals 3.7 acres inclusive of
2.0 acres of Open Space and 0.8 acres of unbuildable land. The parcel is located in the
R-80 Zoning District. The property is located at 1588 Fox Avenue, on the west side of
Fox Avenue and adjacent to Hay Harbor on Fishers Island. SCTM#1000-6-1-3
Pierce Rafferty:
WHEREAS, this proposal is to subdivide a 9.6 acre parcel into 3 clustered lots where
Lot 1 equals 4.3 acres inclusive of 2.4 acres of Open Space and 1.4 acres of
unbuildable land, Lot 2 equals 1.6 acres inclusive of 0.95 acres of Open Space and Lot
3 equals 3.7 acres inclusive of 1.1 acres of Open Space and 0.8 acres of unbuildable
land; and
WHEREAS, on June 7, 2016, the Southold Town Planning Board granted Conditional
Preliminary Plat Approval upon the map entitled "Ridgway Standard Subdivision
Prepared for Peter O. Crisp, as Trustee of EPF Fishers Island Trust II U/A", dated June
10, 2015 and last revised March 28, 2016, prepared by Richard M. Strouse, Land
Surveyor; and
WHEREAS, on December 4, 2016, the Conditional Preliminary Plat Approval expired;
and
WHEREAS, on January 31, 2017, the applicant requested by letter to grant a retroactive
180-day extension of the Conditional Preliminary Plat Approval; and
WHEREAS, this is the first extension request; therefore be it
RESOLVED, that the Southold Town Planning Board hereby grants a retroactive 180-
day extension of the Conditional Preliminary Plat Approval granted on July 7, 2016 upon
the map entitled "Ridgway Standard Subdivision Prepared for Peter O. Crisp, as
Trustee of EPF Fishers Island Trust II U/A", dated June 10, 2015 and last revised March
28, 2016, prepared by Richard M. Strouse, Land Surveyor.
Martin Sidor: Second.
Vice-Chairman Rich: Motion made by Pierce, seconded by Martin. Any discussion? All
in favor?
Ayes.
Opposed?
Southold Town Planning Board Page 13 April 10, 2017
None.
Motion carries.
Final Plat Determinations:
Vice-Chairman Rich: Philippou & Vallas - This proposed lot line change involves the
re-subdivision of three lots and lot merger. Lot SCTM#1000-31-2-6.2 is vacant and is
being eliminated and will be split between the adjacent lots; where lot 1 (SCTM # 1000-
31-2-6.1) will increase from 15,000 sq. ft. to 116,402 square feet due to the transfer of
10,589 sq. ft. and merging of 90,605 sq. ft. from SCTM#1000-31-2-9. Lot 2
SCTM#1000-31-2-7 will increase in size by 6,862 sq. ft. to total lot size 23,387 sq. ft. Lot
2 remains non-conforming in the R-40 Zoning District. The property is located at 2090
Rocky Point Road, in East Marion. SCTM#1000-31-2-7, 9, 6.1 & 6.2
MartinSidor:
WHEREAS, this proposed lot line change involves the re-subdivision of four parcels into
two parcels in the R-40 Zoning District. The four parcels are SCTM#1000-31-2-6.1
(15,000 sq. ft.), SCTM#1000-31-2-6.2 (16,526 sq. ft.), SCTM#1000-31-2-7 (16,526 sq.
ft.) and SCTM#1000-31-2-9 (91,738 sq. ft.). Lot 6.1 and 9,664 sq. ft. from Lot 6.2 will
merge with Lot 9 to create proposed Lot 1 equaling 116,402 sq. ft. Proposed Lot 2 will
be created from the merger of 6,862 sq. ft. from Lot 6.2 with Lot 7 to create a new lot of
23,387 sq. ft., and will remain non-conforming in lot size.
WHEREAS, on December 14, 2015, a Lot Line Modification Application was submitted;
and
WHEREAS, the agent submitted proof of lot recognition as required by Planning Staff;
and
WHEREAS, on May 19, 2016, the Zoning Board of Appeals granted a variance for the
action File Number 6947; and
WHERAS, on October 6, 2016, the application was amended by the applicant; and
WHEREAS, the agent submitted all required Certificates of Occupancy for
SCTM#1000-31-2-6.1 and SCTM#1000-31-2-7; and
WHEREAS, on November 7, 2016, the Planning Board reviewed the application at their
Work Session and found the application to be complete; and
WHEREAS, on January 10, 2017 the Southold Town Planning Board, pursuant to
SEQRA, granted a Negative Declaration for the action; and
Southold Town Planning Board Page 14 April 10, 2017
WHEREAS, on February 6, 2017, the Planning Board held the public hearing, and due
to a public notification error, held the hearing open until March 13, 2017; and
WHEREAS on March 13, 2017 the Planning Board 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, 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, 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 hereby waives the requirements of
Town Code §240 to submit the ERSAP, Primary and Secondary Conservation Plans,
Sketch Plat and Preliminary Plat steps.
Pierce Rafferty: Second.
Vice-Chairman Rich: Motion made by Martin, seconded by Pierce. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
Southold Town Planning Board Page 15 April 10, 2017
Martin Sidor: 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.
Pierce Rafferty: Second.
Vice-Chairman Rich: 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 grants Final Approval on the
map entitled "Plan of Property at East Marion", prepared by Peconic Surveyors P.C.,
dated December 1, 2015 and last revised July 26, 2016.
Pierce Rafferty: Second.
Vice-Chairman Rich: Motion made by Martin, seconded by Pierce. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
Conditional Final Plat Approval Correction:
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
Southold Town Planning Board Page 16 April 10, 2017
Pierce Rafferty:
RESOLVED, that the Southold Town Planning Board hereby waives the requirement to
build 20% of the total number of units as moderate-income family dwelling units in lieu
of payment to the Southold Housing Fund.
Martin Sidor: Second.
Vice-Chairman Rich: Motion made by Pierce, seconded by Martin. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
Pierce Rafferty: And be it further
RESOLVED, that the Southold Town Planning Board hereby grants Conditional Final
Plat Approval upon the map entitled "Final Plat for the Subdivision Map of Estates at
Royalton", dated June 22, 2016 and last revised October 31, 2016, prepared by Young
&Young, Land Surveyors, subject to the following conditions:
1. Two (2) moderate-income family dwelling units (MIFDU) are required pursuant to
Town Code §240-10(B)(c) Affordable Housing Requirement. Please submit a
cash payment in the amount of$424,750.00 as payment in lieu of building on
site;
2. The Planning Board found that a suitable park cannot be properly located within
the subdivision. Please submit a park and playground fee in the amount of
$77,000.00 in lieu thereof, pursuant to Town Code 240-53 G Reservation of
parkland on subdivision plats containing residential units.
3. Submit the Administration Fee in the amount to $18,892.20 pursuant to Town
Code §240-37 Administration Fee;
4. Submit a performance guarantee in the amount of$314,870.00 for the proposed
subdivision pursuant to Town Code X240-34 Forms of Security.
5. Amendments to the Final Plat:
Southold Town Planning Board Page 17 April 10, 2017
a. Please change the notation "Planting Buffer" on the Final Plat to
"Vegetated Buffer" to match the wording in the Covenant and Restrictions
and Open Space Easement documents;
b. Please label the Common Horse Paddock referenced on Page 6 of the
Open Space Easement on the Final Plat;
c. The paddock shown on the final plat encroaches into the vegetated buffer.
Please remove the fencing from the vegetated buffer;
d. Show monuments pursuant to § 240-41. Mapping of completed
improvements; monuments.
6. Amend the Final Road and Drainage Plans as follows:
a. Please change the notation "Cultivated Area on the Road and Drainage
Plans to "Vegetated Buffer";
b. Show electric and water lines;
c. Provide cut sheets for the proposed street lights that meet Town Code
Chapter 172 Lighting, Outdoorfor Planning Board approval, prior to Final
Plat Approval;
d. Show street signs, indicating type and location.
Once complete, submit six copies for review.
7. Provide authorization from the Town of Southold Highway Superintendent that
the proposed road name, "Royalton Row", is acceptable.
8. A utility pole is shown in the apron of Royalton Way. Please provide an
amended final plat with a notation that the utility pole will be relocated or submit
an affidavit indicating that the utility pole will be removed prior to construction of
the apron.
9. Revise the Covenant and Restrictions, submitted October 11, 2016, accordingly:
a. Page 3, 10, b, i and v: Delete the word "on". In v. correct the word "lawn";
b. Page 4, 11: Clarify if it is the intent to construct all driveways of pervious
materials;
c. The Town Engineer has indicated that the project will need to seek, and
obtain a NYS Phase II SPEDS permit. Please add a clause indicating
such;
Southold Town Planning Board Page 18 April 10, 2017
d. Page 4, 12: Replace with the following language, Clearing and/or grading
of Lots 1 through 11 only shall be done in accordance with Southold Town
Code; except that the existing nursery trees and shrubs may be relocated,
as necessary, to develop each lot.";
e. Page 4, 17, a: Replace "Every Owner of lots 1 and 2"... with "Regardless
of the number of Owners of a particular lot, each property shall be entitled
to only one membership in the Homeowners Association;
f. Page 6, clause c: Insert the following, "The developer is responsible for
the maintenance and replacement of street trees for a period of three
years. Survival of planted street trees during this period is 100 percent
from final inspection by the Town Engineer or Planning Board. Following
the three year period, maintenance of street trees will be the responsibility
of the lot owner upon which the tree(s) have been installed. Any tree that
has died shall be replaced with the same species of tree within six
months. ";
g. Page 6, 14, c: Please add, "If the LLC fails to manage and maintain the
road and open space in accordance in the terms of this covenant then...
the Homeowners Association...".
10. Revisions to the Open Space Conversation Easement:
a. Page 1: The Open Space acreage is referenced as 15.20. The Final Plat
calculates the acreage at 15.00. Please verify which acreage is correct.
11. Submit the revised Covenant and Restrictions and Open Space Conservation
Easement to the Planning Board for review and approval prior to filing.
12. File all signed and approved legal documents with the Office of the Suffolk
County Clerk, and upon filing record the Liber and Page number on the Final
Plat. The Town Supervisor must sign the Open Space Conservation Easement
before it can be filed.
a. Covenants and Restrictions, including the Road and Maintenance
agreement within;
b. Final Open Space Conservation Easement.
13. File the signed and approved Homeowners Association with the New York State
Office of the Attorney General. Proof of filing must be submitted to this office
along with a final endorsed copy of the document.
14. 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
Southold Town Planning Board Page 19 April 10, 2017
all requirements:
http://www suffolkcountyny gov/Departments/CountyClerk/Maps/SubdivisionMap.
aspx
13. Submit to the Town Planning Department twelve (12) paper copies of the Final
Plat and four (4) Mylar copies of the Final Plat that include all changes noted in
these conditions, and all endorsed by the Suffolk County Department of Health
Services with their approval stamp.
Martin Sidor: Second.
Vice-Chairman Rich: Motion made by Pierce, seconded by Martin. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
Mark Terry: I just want to state that this is a correction to the resolution. There are two
sections that were corrected, one was to correct the amount of the bond to $314,870
and another condition was added to the corrected resolution for a utility pole.
Vice-Chairman Rich: I would also like to note that this doesn't necessarily set any type
of precedent because there is also a $424,750 payment to the Town of Southold in lieu
of the Affordable Housing Requirement.
BOND DETERMINATIONS
Accept Bond Estimate:
Vice-Chairman Rich: 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' west of Wunneweta Road,
Cutchogue. SCTM#1000-104-12-6.1
Martin Sidor:
WHEREAS, this proposal is for a Standard Subdivision of a 1.62 acre parcel into two
lots where proposed Lot 1 equals 0.71 acres and proposed Lot 2 equals 0.92 acres,
Southold Town Planning Board Page 110 April 10, 2017
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.; and
WHEREAS, on March 27, 2017, the Planning Board reviewed the Bond Estimate for the
performance guarantee dated January 24, 2017 at their Work Session in the amount of
$6,425.00; and
WHEREAS, in lieu of the submission of the performance guarantee, the Southold Town
Planning Board agreed to allow the installation of the drainage infrastructure as a
condition of Conditional Final Plat Approval. Final Plat Approval will not be granted until
the Planning Board is notified in writing by the Office of the Town Engineer that all
drainage work was completed to their satisfaction.; and
RESOLVED, that the Southold Town Planning Board hereby accepts the Bond Estimate
for The Standard Subdivision at Broadwaters -Theodore Martz dated January 24, 2017
in the amount of$6,425.00.
Pierce Rafferty: Second.
Vice-Chairman Rich: Motion made by Martin, seconded by Pierce. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
Xavier Fleming: May I ask a question about the Martz application.
Vice-Chairman Rich: This is not a Public Hearing sir.
Jessica Michaelis: The Martz hearing will be held after all the resolutions are read.
That was just a resolution to accept the bond.
Xavier Fleming: When is the hearing then?
Jessica Michaelis: After all the resolutions are read, it will be announced.
Vice-Chairman Rich: That will be after we get through this so that anyone that wants to
leave can leave and we will move into the Public Hearings.
Xavier Fleming: Is there a time on that?
Vice-Chairman Rich: I am going to guess 10 minutes, hope not longer than that.
r
Southold Town Planning Board Page 111 April 10, 2017
Correct Bond Estimate Amount:
Vice-Chairman Rich: The Estates at Royalton - This proposal is for a Standard
Subdivision of a 36.9 acre parcel into 12 lots where Lots 1-11 equal 0.7 acres, and Lot
12 equals 12 acres, located in the A-C Zoning District. This subdivision includes 15.2
acres of open space and 1.7 acres for a proposed road. The property is located at 55
Cox Neck Road, approximately 490 feet north of Sound Avenue, Mattituck.
SCTM#1000-113-7-19.23
Pierce Rafferty:
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
Zoning District. This subdivision includes 15.2 acres of open space and 1.7 acres for a
proposed road; and
WHEREAS, on October 3, 2016 the Planning Board accepted the Bond Estimate for
The Estates at Royalton in the amount of$314,970.00; and
WHEREAS, the correct amount is $314,870.00; therefore be it
RESOLVED, that the Southold Town Planning Board hereby accepts the Bond Estimate
for The Estates at Royalton dated September 8, 2016 in the corrected amount of
$314,870.00.
Martin Sidor: Second.
Vice-Chairman Rich: Motion made by Pierce, seconded by Martin. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
OTHER
Amend C&R's:
Vice-Chairman Rich: Mazzaferro, Karen -This proposed standard subdivision is to
subdivide a 4.28-acre parcel into 3 lots, where Lot 1 equals 41,994 sq. ft., Lot 2 equals
43,631 sq. ft., and Lot 3 equals 90,023 sq. ft., in the R-40 Zoning District. The property
Southold Town Planning Board Page 112 April 10, 2017
is located at 1450 Horton's Lane, on the east side of Horton's Lane, in Southold.
SCTM#1000-63-1-12
Martin Sidor:
WHEREAS, this application subdivided a 4.28-acre parcel into 3 lots, where Lot 1
equals 41,994 sq. ft., Lot 2 equals 43,631 sq. ft., and Lot 3 equals 90,023 sq. ft., in the
R-40 Zoning District; and
WHEREAS, on July 12, 2010, the Southold Town Planning Board granted Final Plat
Approval upon the Final Plat entitled "Final Plan for the Standard Subdivision of Karen
Mazzaferro", prepared by John T. Metzger, dated July 6, 2005 and last revised on July
8, 2010; and
WHEREAS, on January 16, 2017, the applicant requested by letter to waive the
requirement for a Phase I Archeological Study/Review listed on page 2 item #4 in the
Covenants & Restrictions filed in Liber 12629, Page 570; and
WHEREAS, on March 13, 2017, the Southold Town Planning Board, recognizing that
the procedure for identifying possible archeological/cultural resources has changed
significantly since this subdivision was approved, recommended the applicant contact
the New York State Office of Parks, Recreation and Historic Preservation with concerns
over the presence of cultural resources on the plat; and
WHEREAS, on March 21, 2017, the New York State Office of Parks, Recreation and
Historic Preservation determined that the location of the proposed subdivision is not
archeologically sensitive and neither a Phase I archeological survey, nor monitoring by
an archeologist during construction is necessary; therefore be it
RESOLVED, that the Southold Town Planning Board strike item #4 on page 2 of the
Covenants and Restrictions filed in Liber 12629, Page 570 requiring a Phase I
archeological survey and an on-site archeologist during construction on the plat.
Pierce Rafferty: Second.
Vice-Chairman Rich: Motion made by Martin, seconded by Pierce. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
Southold Town Planning Board Page 113 April 10, 2017
Special Request:
Vice-Chairman Rich: The Estates at Royalton - This proposal is for a Standard
Subdivision of a 36.9 acre parcel into 12 lots where Lots 1-11 equal 0.7 acres, and Lot
12 equals 12 acres, located in the A-C Zoning District. This subdivision includes 15.2
acres of open space and 1.7 acres for a proposed road. The property is located at 55
Cox Neck Road, approximately 490 feet north of Sound Avenue, Mattituck.
SCTM#1000-113-7-19.23
Pierce Rafferty:
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
Zoning District. This subdivision includes 15.2 acres of open space and 1.7 acres for a
proposed road; and
WHEREAS, on November 28, 2016, the Southold Planning Board granted Conditional
Final Plat Approval to this application; and
WHEREAS, Conditional Final Plat Approval expires on May 28, 2017, unless an
extension is requested; and
WHEREAS, on March 3, 2017 a request was submitted by the Applicants' agent Steven
Libretto requesting to begin road and drainage work prior to Final Plat Approval of the
subdivision; and
WHEREAS, the Southold Planning Board has considered all information and
discussions regarding the request, and finds that granting the request to begin road and
drainage work on site is not contrary to the interest of public health, safety and general
welfare pursuant to Town Code § 240-56 Waivers of certain provisions, therefore be it
RESOLVED, that the Southold Planning Board grants approval for the landowner(s)
known as 55 Cox Neck Rd. Realty, LLC located at 350 Motor Parkway, Suite 309,
Hauppauge, New York 11788 of SCTM#1000-113-7-19.23 to construct the road and
drainage on-site as outlined in the attached Scope of Work items 1 through 6 received
on March 3, 2017; and as shown on the plans entitled Final Road and Drainage Plans:
Plat, Road Plan and Profile, Intersection Details, Drainage Pond and Details and Buffer
Plantings all prepared by Young & Young dated May 24, 2016 last revised February 21,
2017 after the following conditions have been met:
1. Fulfill Condition 1 of the Conditional Final Plat Approval, which states:
Two (2) moderate-income family dwelling units (MIFDU) are required
pursuant to Town Code §240-10(B)(c) Affordable Housing Requirement.
Please submit a cash payment in the amount of$424,750.00 as payment in
lieu of building on site;
Southold Town Planning Board Page 114 April 10, 2017
15.Fulfill Condition 4 of the Conditional Final Plat Approval, which states:
Submit a performance guarantee in the amount of$314,8 70.00 for the
proposed subdivision pursuant to Town Code §240-34 Forms of Security.
The performance guarantee requires approval by the Planning Board and Town
Board.
16.Provide proof that all construction materials, structures and recycled concrete
aggregate (RCA) have been entirely removed from the Open Space areas.
The Planning Board cannot grant Final Plat Approval or stamp the Final Plat
for filing if this requirement is not completed to the Board's satisfaction.
All regulatory permits and inspections related to the construction of the road and
drainage are required prior to beginning any work on site. Construction of homes is not
permitted under this approval, and no building permits may be issued until the Final Plat
has been filed with the Suffolk County Clerk.
Martin Sidor: Second.
Vice-Chairman Rich: Motion made by Pierce, seconded by Martin. Any discussion?All
in favor?
Ayes.
Opposed?
None.
Motion carries.
SITE PLANS
Determinations:
Vice-Chairman Rich: Matchbook Distillery—This Amended Site Plan Application is
for proposed interior renovations to existing buildings (no footprint expansion) for a
production distillery, formerly a warehouse facility, consisting of four (4) buildings
totaling ±32,038 sq. ft. ±12,902 sq. ft. to remain as storage, ±18,979 sq. ft. distillery and
±2,257sq. ft. vinegar production with thirty-three (33) parking stalls on 1.5acres in the
Light Industrial Zoning District. The property is located at 230 Corwin St., s/e corner of
9th St. & Corwin St., Greenport. SCTM#1000-48-2-44.3
Southold Town Planning Board Page 115 April 10, 2017
Martin Sidor:
WHEREAS, this Amended Site plan application is for proposed interior renovations to
existing buildings (no footprint expansion) for a production distillery, formerly a
warehouse facility, consisting of four (4) buildings totaling ±32,038 sq. ft., ±12,902 sq. ft.
to remain as storage, ±18,979 sq. ft. distillery and ±2,257 sq. ft. vinegar production with
thirty-three (33) parking stalls on 1.5 acres in the Light Industrial Zoning District,
Greenport; and
WHEREAS, on September 23, 2016, Robert J. Gruber, authorized agent, submitted an
Amended Site Plan Application for review; and
WHEREAS, on October 3, 2016, the Planning Board found the application incomplete
for review and required revisions to the site plan along with additional information to be
submitted; and
WHEREAS, on November 14, 2016, Robert J. Gruber, authorized agent, submitted
revised site plans and materials as required; and
WHEREAS, on December 5, 2016, the Planning Board formally accepted the amended
application as complete for review; and
WHEREAS, on December 5, 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 December 13, 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 December 16, 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 December 28, 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 28, 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 January 9, 2017, a Public Hearing was held and closed; and
Southold Town Planning Board Page 116 April 10, 2017
WHEREAS, on January 19, 2017, the Village of Greenport confirmed the existence of a
sanitary sewer line and the capacity to accommodate the proposed project; and
WHEREAS, on January 23, 2017, the Architectural Review Committee reviewed the
proposed project and approved it as submitted with certain landscaping
recommendations to the Planning Board; and
WHEREAS, on January 23, 2017, the Town of Southold Local Waterfront Revitalization
Program Coordinator reviewed the proposed project and determined it to be EXEMPT
from the Southold Town LWRP policies pursuant to §268-3 for Minor Actions, item "B";
and
WHEREAS, on January 24, 2017, the Greenport Fire District determined there was
adequate fire protection for the site; and
WHEREAS, on January 31, 2017, the Suffolk County Water Authority (SCWA) provided
a letter of water availability for the proposed project that expires January 25, 2020; 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 February 6, 2017, 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 March 17, 2017, the Suffolk County Department of Health Services
(SCDHS) granted approval C10-16-0010 for"brewery/processing only" @ 4002.4gpd
Total Flow— 1452.4gpd Sanitary Flow + 2550gpd Process Water Flow; and
WHEREAS, on March 27, 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; and
WHEREAS, on March 29, 2017, the Southold Town Chief Building Inspector reviewed
and certified the proposed distillery as a permitted use in the Light Industrial,Zoning
District; therefore be it
RESOLVED, that the Southold Town Planning Board hereby grants approval, with
conditions, for the Site Plan entitled "Matchbook Distilling Company LLC', prepared by
Robert J. Gruber R.A., dated June 20, 2016 and last revised March 6, 2017, and
authorizes the Chairman to endorse the Site Plan including the following eleven pages:
1 of 11: Cover Sheet, Notes, Egress Diagrams & Calculations
2 of 11: Site Location Plan
3 of 11: Site Plan, Calculations & Details
Southold Town Planning Board Page 117 April 10, 2017
4 of 11: Photometric Site Plan, Calculations & Details
5 of 11: First Floor Demolition / Construction Plan —Vinegar Building & Main Building
Part B
6 of 11: First Floor Demolition / Construction Plan — Main Building Part A
7 of 11: Second Floor Demolition / Construction Plan — Main Building
8 of 11: Reflected Ceiling Plan —Vinegar Building, Main Building Part B
9 of 11: First Floor Reflected Ceiling plan — Main Building Part A
10 of 11: Second Floor Reflected Ceiling Plan — Main Building Part A
11 of 11: Door Schedule, Window Schedule, Wall Types & Plumbing Risers
Conditions:
1. No retail sales are permitted on site; and
2. No access by the public to the site or buildings is permitted; and
3. All truck traffic shall be directed down Ninth (9) Street to avoid interaction
with the Greenport High School access points and crosswalk, and
residences along Eighth Street.
Pierce Rafferty: Second.
Vice-Chairman Rich: Motion made by Martin, seconded by Pierce. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
Vice-Chairman Rich: Verizon Wireless (a)_ MGH Enterprises -This Amended
Wireless Communications Application is for a proposed 20 ft. pole extension to an
approved 70 ft. high concealment pole for a Verizon Wireless co-location of an interior
mounted antenna between 70' and 90' above ground level, a 10 kw diesel generator
with sound enclosure, associated ground equipment and additional landscaping. There
are ±3,924 sq. ft. of existing buildings including a restaurant, marina and associated
accessory structures, all on 4.7 acres in the Marine II Zoning District. The property is
located at 40200 NYS Route 25, ±345' s/w/o Lands End Road & NYS Route 25, Orient.
SCTM#1000-15-9-8.1
Southold Town Planning Board Page 118 April 10, 2017
Pierce Rafferty:
WHEREAS, this Amended Wireless Communications Application is for a proposed 20 ft.
pole extension to an approved 70 ft. high concealment pole for a Verizon Wireless co-
location of an interior mounted antenna between 70' and 90' above ground level, a 10
kw diesel generator with sound enclosure, associated ground equipment and additional
landscaping. There are ±3,924 sq. ft. of existing buildings including a restaurant, marina
and associated accessory structures, all on 4.7 acres in the Marine II Zoning District;
and
WHEREAS, on May 23, 2016, pursuant to §280-74A(4) of the Town Code, the Planning
Board entered into a Letter of Agreement with Cityscape Consultants, Inc. to provide
technical assistance to the Board in reviewing and evaluating the proposed wireless
application; and
WHEREAS, on June 2, 2016, Denise J. Vista, Esq., agent to the applicant, submitted an
application for Site Plan and Special Exception review; and
WHEREAS, on June 6, 2016, pursuant to §280-74A(4) of the Town Code, the Planning
Board required the submission of$4,000 into an escrow account with the Town
Comptroller's Office to cover the cost of the Technical Consultant's Review; and
WHEREAS, on June 21, 2016, Denise J. Vista, agent to the applicant, submitted a
check in the amount of$4,000 to the Office of the Planning Board; and
WHEREAS, on June 28, 2016, the Planning Board authorized Cityscape Consultants to
proceed with the work as outlined in the agreement; and
WHEREAS, on July 11, 2016, the Planning Board found the application complete for
review and to obtain a revised notice of disapproval for the expansion of the equipment
compound at less than the required side yard setback; and
WHEREAS, on July 21, 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 July 28, 2016, the Southold Town Trustees determined that the
proposed equipment compound requires an Administrative Permit and the 20' pole
extension does not require a permit; and
WHEREAS, on August 26, 2016, the Orient Fire District determined there was adequate
fire protection and emergency access for the site; and
WHEREAS, on September 12, 2016, a public hearing was held and closed by the
Planning Board for the above-referenced Site Plan; and
Southold Town Planning Board Page 119 April 10, 2017
WHEREAS, on September 16, 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 22, 2016, the Architectural Review Committee (ARC)
reviewed the proposed project and approved the design as submitted; and
WHEREAS, on September 27, 2016, the Southold Town Engineer reviewed the above-
referenced application and determined the project meets the minimum requirements of
Chapter 236 for Storm Water Management; and
WHEREAS, on November 14, 2016, the NYS Department of Environmental
Conservation (NYSDEC) issued a Tidal Wetlands Permit (1-4738-00898/00022) that
expires August 25, 2021; and
WHEREAS, on January 30, 2017, the Town of Southold LWRP Coordinator reviewed
the above-referenced project and determined the proposed project is exempt from the
Southold Town LWRP Chapter 268, Minor Actions item (F); and
WHEREAS, on February 28, 2017, the Zoning Board of Appeals (ZBA) granted an area
variance under file #7023 with one (1) condition, for the proposed equipment compound
at less than the required side yard setback of 25' in the Marine — II (M-II) zoning district.
The proposed compound is provided at 7'3." Condition: Pursuant to the request by the
Town of Southold Planning Board, proposed location and height of the
telecommunications monopole must be confirmed by the Planning Board and their
technical consultant as per Town Code; and
WHEREAS, on March 29, 2017, the Southold Town Chief Building Inspector reviewed
and certified the proposed Wireless Communication Facility as a permitted use in the M-
II Zoning District pursuant to ZBA file #7023; and
WHEREAS, at a Work Session held on April 10, 2017, the Planning Board reviewed the
reports issued by Cityscape Consultants on July 18, 2016 and April 5, 2017, and
determined that the action falls within the regulations of federal code Part 6409 of the
Middle Class Tax and Job Creation Act of 2012. The increase to the height of the
existing tower, because it is no more than 20 feet, and because there is no substantial
change to,its appearance (the new antennas will be concealed the same as the
existing) must be approved under this federal regulation, and local zoning is essentially
overridden. In this case, the Town's zoning pursuant to §280-701(2) for the maximum
height of 80 feet, §280-701(3) for the minimum distance of all wireless equipment to
adjacent residential property lines, and §280-70(G) Fall Zone; are all overridden. The
ground compound, however, is not covered by the regulation, and local zoning is
applicable. Therefore the proposal to locate the ground compound at a setback less
than required by zoning required a thorough review by the Zoning Board of Appeals for
a variance; and
Southold Town Planning Board Page 120 April 10, 2017
WHEREAS, the Planning Board recognizes that the reduction of the setback regulations
is a local decision pursuant to ZBA file #7023, where it was found that the available
space on the property is severely limited, the property owner accepts the changes, and
the Applicant certifies and attests there is no alternative without the reduction of
setback. The Board also found that the reduction of the setback is sufficiently unique in
this M - II Zoning District and for this specific parcel based on its size, shape and
existing development pattern. This, together with the addition of Verizon with this
colocation proposal to provide improved personal wireless communications services to
the public, provided the rationale for the Board to determine that it is reasonable in this
situation to approve the expansion of the ground compound, thus reducing the setback
regulations. Therefore, the technical consultant states that with the combination of
federal and local codes as stated above, this application can be approved as proposed;
and
WHEREAS, at a Work Session held on April 10, 2017, the Planning Board found that all
applicable requirements of the Site Plan Regulations Article XXIV, §280 — Site Plan
Approval of the Town of Southold have been met; be it therefore
RESOLVED, that the Southold Town Planning Board has determined that this proposed
action is exempt from the policies of the Town of Southold Local Waterfront
Revitalization Program.
Martin Sidor: Second.
Vice-Chairman Rich: Motion made by Pierce, seconded by Martin. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
Pierce Rafferty: And be it further
RESOLVED, that the Southold Town Planning Board grants Approval with five (5)
conditions to the Site Plan entitled "Verizon Wireless Communications at Orient Point",
prepared by Neil Alexander Macdonald, R.A, dated March 1, 2016 and last revised May
23, 2016, and authorizes the Chairman to endorse the Site Plan, including the following
five plans:
1. T-100.00 —Title Sheet
2. SP-100.00 —Architectural Site Plan
3. A-100.00 — East Elevation, Enlarged Equipment Plan
Southold Town Planning Board Page 121 April 10, 2017
4. A-101.00 —Antenna and Equipment Details and Antenna Plumbing Diagram
5. A-102.00 — Light Specification
Conditions:
1. Prior to a building permit being issued, the applicant shall submit draft
Covenants and Restrictions (C&R's) to the Planning Board for their review and
approval. Once approved, the C&R's must be filed with the Office of the
Suffolk County Clerk and a receipt of the filing provided to the Planning Board
prior to the issuance of the building permit. The C&R's are for the purpose of
ensuring the screening vegetation around the expanded ground equipment
compound is maintained as approved for the life of this facility; and
2. All of Applicant's feed lines/cables shall be installed inside the monopole
structure; and
3. All ports shall remain sufficiently sealed to prevent access by birds and other
wildlife; and
4. The Applicant shall confirm the generator will comply with the Southold
Ordinance noise guidelines; and
5. The facility shall remain secured and protected from unauthorized personnel.
Martin Sidor: Second.
Vice-Chairman Rich: Motion made by Pierce, seconded by Martin. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
Approval Extensions:
Vice-Chairman Rich: Pindar Vineyards 2011 - This Site Plan is for the proposed re-
location of a 3,259 sq. ft. steel agricultural storage building from an adjacent parcel. The
building is 82' x 39', with a height of 15', and will be located 600 ft. North of NYS Rt. 25.
The property is located at 4195 Route 25, 1,132' +/- west of Peconic Lane & NYS Route
25, Peconic. SCTM#1000-86-1-15
Southold Town Planning Board Page 122 April 10, 2017
Martin Sidor:
WHEREAS, this Site Plan is for the proposed re-location of a 3,259 sq. ft. steel
agricultural storage building from an adjacent parcel. The building is 82' x 39', with a
height of 15', and will be located 600 ft. north of NYS Rt. 25; and
WHEREAS, on April 12, 2010, the Planning Board granted Approval to the Site Plan
entitled "Pindar Vineyards Storage Building", prepared by Charles W. Southard, Jr. on
March 10, 2011, and last revised by Pindar Damianos on June 20, 2011; and
WHEREAS, on July 11, 2014, the Site Plan Approval expired; and
WHEREAS, on April 21, 2015, Alexander,Damianos, owner/agent, submitted a letter
requesting an Extension of Site Plan Approval; and
WHEREAS, on June 1, 2015, the Planning Board extended the Site Plan approval for
eighteen (18) months; and
WHEREAS, on December 22, 2016, the Site Plan Approval expired; and
WHEREAS, on March 21, 2017, Alexander Damianos, owner/agent, submitted a letter
requesting an Extension of Site Plan Approval in order to begin construction June 2017;
and
WHEREAS, at a Work Session held on April I0, 2017, 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 eighteen (18) months from April 10, 2017 to October 10, 2018 on the
Site Plan entitled "Pindar Vineyards Storage Building", prepared by Charles W.
Southard, Jr. on March 10, 2011, and last revised by Pindar Damianos on June 20,
2011.
Pierce Rafferty: Second.
Vice-Chairman Rich: Motion made by Martin, seconded by Pierce. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
Southold Town Planning Board Page 123 April 10, 2017
Vice-Chairman Rich: Purita Winery - This Site Plan is for the alteration and expansion
of existing buildings into a new winery totaling 6,304 sq. ft. which includes 267 sq. ft. of
office, 347 sq. ft. of retail, 3,249 sq. ft. of tasting room, 671 sq. ft. of storage area, 1,770
sq. ft. of production area and stone terrace with 25 parking spaces on a 3.7431-acre
parcel in the A-C Zoning District. The property is located on the n/s/o Old North Road,
approximately 286 ft. w/o County Road 48, known as 19110 Old North Road, in
Southold. SCTM#1000-51-3-4.11
Pierce Rafferty:
WHEREAS, this Site Plan is for the alteration and expansion of existing buildings into a
new winery totaling 6,304 sq. ft. which includes 267 sq. ft. of office, 347 sq. ft. of retail,
3,249 sq. ft. of tasting room, 671 sq. ft. of storage area, 1,770 sq. ft. of production area
and stone terrace with 25 parking spaces on a 3.7431-acre parcel in the A-C Zone
located on the n/s/o Old North Road, approximately 286 ft. w/o County Road 48, known
as 19110 Old North Road, in Southold. SCTM#1000-51-3-4.11; and
WHEREAS, on March 10, 2008, the Planning Board granted Approval for a period of
three (3) years to the Site Plan entitled "Renovations and Additions to the Purita
Winery", prepared by Nancy L. Steelman, R.A., originally dated October 8, 2007 and
last revised March 7, 2008; and
WHEREAS, on March 10, 2011, the Site Plan Approval expired; and
WHEREAS, on April 21, 2015, the Planning Board sent the applicant a notice that Site
Plan Approval had expired and requesting a response in writing or the application would
be considered withdrawn; and
WHEREAS, on May 22, 2015, Nancy Steelman, agent, submitted a letter requesting an
Extension of Site Plan Approval; and
WHEREAS, on July 6, 2015, the Planning Board determined the expired Site Plan was
in compliance with current rules and regulations and granted an extension to January
14, 2017 with two (2) conditions; and
WHEREAS, on August 6, 2015, Nancy Steelman, agent, submitted sufficient
information and revised plans to satisfy the two (2) conditions listed in the approval
extension resolution; and
WHEREAS, on January 14, 2017, the Site Plan approval extension expired; and
WHEREAS, on March 21, 2017, Nancy Steelman, agent, submitted a letter requesting
an Extension of Site Plan Approval; and
WHEREAS, at their Work Session on April 10, 2017, the Planning Board determined the
expired Site Plan was in compliance with current rules and regulations; be it therefore
Southold Town Planning Board Page 124 April 10, 2017
RESOLVED, that the Southold Town Planning Board grants an Extension of Site Plan
Approval from April 10, 2017 to October 10, 2018 on the Site Plan entitled
"Renovations and Additions to the Purita Winery", prepared by Nancy L. Steelman,
R.A., originally dated October 8, 2007 and last revised March 7, 2008.
Martin Sidor: Second.
Vice-Chairman Rich: Motion made by Pierce, seconded by Martin. Any discussion?All
in favor?
Ayes.
Opposed?
None.
Motion carries.
Re-open Hearing:
Vice-Chairman Rich: 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
Martin Sidor:
WHEREAS, this Site Plan Application is for the proposed conversion of an existing
building to a single family dwelling with an attached business office with four (4) parking
stalls on 0.25 acres in the Limited Business (LB) Zoning District; and
WHEREAS, the Southold Town Planning Board required revisions to the Site Plan
regarding potential impacts from the proposed driveway/parking location to the adjacent
residentially zoned parcel to the west. Revisions were required to mitigate this potential
impact as identified through public hearing comments and Site Plan review. These
revisions included the relocation of the driveway access to the east side of the parcel,
closer to the existing commercially zoned parcel, the parking of commercial vehicles
from the front of the building to the rear, and the addition of evergreen screening and
shade trees. The Board has found that a hearing on the revised plan is necessary to
provide adjacent neighbors and the general public the opportunity to comment on these
changes; be it therefore
RESOLVED, that the Southold Town Planning Board sets Monday, May 8, 2017 at
6:01 p.m. for a Public Hearing regarding the Site Plan shown on the survey for
Southold Town Planning Board P a g e 125 April 10, 2017
SCTM#1000-97-3-2, prepared by John T. Metzger, LLS, dated November 1, 2012 and
last revised March 1, 2017.
Pierce Rafferty: Second.
Vice-Chairman Rich: Motion made by Martin, seconded by Pierce. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
BOND DETERMINATIONS
Accept Bond Estimate & Bond:
Vice-Chairman Rich: The Heritage at Cutchogue —This proposed Residential Site
Plan is for the development of 124 detached and attached dwellings classified in three
types: 48 "Type A" units (1,999 +/- sq. ft. livable area), 72 "Type B" units (1,599 +/- sq.
ft. livable area) and 4 "Type "C" units (1,999 +/- sq. ft. livable area). In addition, there
are proposed the following: a 6,188 sq. ft. community center with an outdoor swimming
pool, one tennis court, 284 parking spaces of which 256 are associated with the
individual dwelling units and 28 are associated with the community center, and various
other associated site improvements, on a vacant 46.17-acre parcel in the Hamlet
Density (HD) Zoning District located on the n/w corner of Griffing Street and School
House Road, approximately 1,079 feet n/o the Main Road, in Cutchogue. SCTM#1000-
102-1-33.3
Pierce Rafferty:
WHEREAS, this proposed Residential Site Plan is for the development of 124 detached
and attached dwellings, with three base designs: 48 "Type A" units (1,999 +/- sq. ft.
livable area), 72 "Type B" units (1,599 +/- sq. ft. livable area) and 4 "Type "C" units
(1,999 +/- sq. ft. livable area). In addition, there are proposed the following: a 6,188 sq.
ft. clubhouse with an outdoor swimming pool, one tennis court, 284 parking spaces, of
which 256 are associated with the individual dwelling units and 28 are associated with
the community center, and various other associated site improvements, on a vacant
46.17-acre parcel in the Hamlet Density (HD) Zoning District located at 75 Schoolhouse
Road, at the northwest corner of the intersection of Griffing Street and Schoolhouse
Road in Cutchogue; and
Southold Town Planning Board Page 126 April 10, 2017
WHEREAS, on March 16, 2017, Henry Alia, project manager for Rimor Development
LLC, submitted a Draft Bond Estimate for the Heritage at Cutchogue; and
WHEREAS on March 27, 2017, the Southold Town Engineering Department revised the
Draft Bond Estimate for the Heritage at Cutchogue in the amount of$150,014.00 to
include certain off-site improvements; and
WHEREAS, on April 10, 2017, the Planning Board reviewed the Bond Estimate at their
Work Session and accepted the estimate in the amount of$175,434.00; therefore be it
RESOLVED, that the Southold Town Planning Board hereby accepts the Draft Bond
Estimate for the Heritage at Cutchogue in the amount of$175,434.00.
Martin Sidor: Second.
Vice-Chairman Rich: Motion made by Pierce, seconded by Martin. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
Pierce Rafferty: And be it further
RESOLVED, that the Southold Town Planning Board hereby accepts the Bond for the
Heritage at Cutchogue in the amount of$150,014.00 and recommends the same to the
Southold Town Board.
Martin Sidor: Second.
Vice-Chairman Rich: Motion made by Pierce, seconded by Martin. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
Southold Town Planning Board Page 127 April 10, 2017
Pierce Rafferty: I am correcting the resolution, the correct amount is $150,014.00,
instead of$175,434.44.
Martin Sidor: Second the correction.
Vice-Chairman Rich: Motion made by Pierce, seconded by Martin. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
Pierce Rafferty: I am correcting the second resolution similarly„ the correct amount is
$150,014.00, instead of$175,434.44
Martin Sidor: Second the correction.
Vice-Chairman Rich: Motion made by Pierce, seconded by Martin. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
OTHER
Special Request:
Vice-Chairman Rich: The Heritage at Cutchogue —This proposed Residential Site
Plan is for the development of 124 detached and attached dwellings classified in three
types: 48 "Type A" units (1,999 +/- sq. ft. livable area), 72 "Type B" units (1,599 +/- sq.
ft. livable area) and 4 "Type "C" units (1,999 +/- sq. ft. livable area). In addition, there
are proposed the following: a 6,188 sq. ft. community center with an outdoor swimming
pool, one tennis court, 284 parking spaces of which 256 are associated with the
individual dwelling units and 28 are associated with the community center, and various
other associated site improvements, on a vacant 46.17-acre parcel in the Hamlet
Density (HD) Zoning District located on the n/w corner of Griffing Street and School
Southold Town Planning Board Page 128 April 10, 2017
House Road, approximately 1,079 feet n/o the Main Road, in Cutchogue. SCTM#1000-
102-1-33.3
Martin Sidor:
WHEREAS, on November 6, 2016, the Southold Town Planning Board granted
Conditional Approval of the Residential Site Plan application entitled "The Heritage at
Cutchogue" prepared by VHB Engineering, Surveying and Landscape Architecture,
P.C., with numerous conditions to be met prior to the Planning Board authorizing the
Chairman to endorse the site plans; and
WHEREAS, on March 10, 2017, the Planning Board received a letter from John
Wagner, attorney for the applicant, requesting the Planning Board to authorize The
Heritage and its contractors to commence Phase I tree relocation and removal, and
clearing for such work, prior to final site plan approval; and
WHEREAS, the applicant states this is significant because the Site Plan Approval
Conditions prohibit tree removal during the two-month period between June 1 and July
31. The applicant believes it would be most beneficial to the neighborhood for all Phase
1 tree removal and relocation, and clearing be completed prior to June 1. Otherwise,
such tree removal and relocation, and associated clearing, will need to be put off until
August, the height of the summer season, when neighbors are likely to spend more time
out-of-doors; and
WHEREAS, the Planning Board, in their letter to John Wagner, dated March 15, 2017,
detailed the items required to be submitted prior to considering this request; and
WHEREAS, at their April 10, 2017 work session, the Planning Board reviewed the
required items, including the Construction Phasing Plan "PH-1", and documents
submitted, as listed in the April 10, 2017 Planning staff report, and agreed to consider
the request to complete steps one through six of Phase 1; therefore be it
RESOLVED, that the Planning Board hereby agrees to allow the work as detailed in
items one through six under Phase 1 on the plan entitled "Construction Phasing Plan
PH-1" prepared by Angelo V. Laino, P.E., dated August 6, 2015 and last revised April 6,
2017, under Phase 1, to be completed prior to final site plan approval with the following
conditions:
1. The Town Board must accept the Bond Estimate and the Bond prior to work
beginning; and
2. The preconstruction meeting and all inspections must be done according to the
Construction Phasing Plan; and
3. Notice to neighbors:
Southold Town Planning Board Page 129 April 10, 2017
A certified letter to all adjacent neighbors notifying them that work will begin at
the site, and including this resolution, and a copy of the items one through six of
Phase 1 as described above; and
4. Limits of this permission:
Permission has been granted to complete work in Phase 1 up through tree
cutting, clearing, and grubbing of roots. This does not include moving or piling
topsoil, cutting or grading road beds, or any other work; and
5. No moving or removal of topsoil; and
6. No grading or pushing soil into piles;
7. The Planning Board will inspect the site prior to clearing, both to confirm the
limits of clearing, and to identify any trees that might be able to be left in place
outside the buffer, where feasible and in consultation with the applicant.
Pierce Rafferty: Second.
Vice-Chairman Rich: Motion made by Martin, seconded by Pierce. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
Vice-Chairman Rich: I just want to comment, that this is a partial approval to allow
them to do some roadwork because after the 1St of June, they are prohibited from doing
any site work until, I think September 1St. Clearing, just clearing.
PUBLIC HEARINGS
Vice-Chairman Rich: 6:01 p.m. - Polak Agricultural Barn - This Agricultural Site Plan
is for a proposed 60' x 40' (2400 sq. ft.) agricultural storage barn on 2.28 acres in the R-
80 Zoning District. The property is located at 57995 Route 25, Southold. SCTM#1000-
55-6-34
Vice-Chairman Rich: Anyone wishing to address the Planning Board on this project
please step to either podium, state and write your name. You will be directing your
comments to the Planning Board and not anyone else in the audience. We appreciate
that, thank you. Anyone wishing to address the Planning Board? I think the applicant is
Southold Town Planning Board Page 130 April 10, 2017
here, we do have a couple of questions that you might answer for us. This is not for
retail, this is just for storage?
Kevin Polak: Correct.
Vice-Chairman Rich: State your name, okay.
Kevin Polak: Kevin Polak.
Vice-Chairman Rich: The Planning Board just had a couple of questions. This is not for
retail, its strictly storage?
Kevin Polak: Strictly storage.
Vice-Chairman Rich: Do you anticipate having refrigerators there?
Kevin Polak: No.
Vice-Chairman Rich: Any electricity?
Kevin Polak: Electricity, yes for lights.
Vice-Chairman Rich: Just electricity for lights, no heating and no.
Kevin Polak: No, basically it's just going to be a cold storage.
Vice-Chairman Rich: Most of what you store there is going to be stuff you've grown?
Kevin Polak: Yes, what I grow, equiptment, a place that I can repair equiptment.
Vice-Chairman Rich: Thank you.
Kevin Polak: You're welcome.
Determinations:
Vice-Chairman Rich: Polak Agricultural Barn - This Agricultural Site Plan is for a
proposed 60' x 40' (2400 sq. ft.) agricultural storage barn on 2.28 acres in the R-80
Zoning District. The property is located at 57995 Route 25, Southold. SCTM#1000-55-6-
34
Pierce Rafferty:
WHEREAS, this Agricultural Site Plan is for a proposed 60' x 40' (2400 sq. ft.)
agricultural storage barn on 2.28 acres in the R-80 Zoning District, Southold; and
Southold Town Planning Board Page 131 April 10, 2017
WHEREAS, on February 17, 2017, Kevin Polak, owner, submitted an application for
Site Plan review; and
WHEREAS, the Southold Town Planning Board, pursuant to §280-133 C of the
Southold Town Code, has the discretion to waive any or all of the requirements in §280-
133 for those applications involving uses strictly related to agriculture as long as they
are not necessary to further the objectives set forth in Town Code §280-129 to maintain
public health, safety, and welfare. The Planning Board has found that this application is
eligible for a waiver of certain elements of the Site Plan requirements because it is an
agricultural use, the details of which are included in the Staff Report dated February 27,
2017; and
WHEREAS, the Southold Town Planning Board, pursuant to Southold Town Code
§280-1318 (5), has the discretion to vary or waive the parking requirements for Site
Plan Applications where doing so would not have a detrimental effect on the public
health, safety or general welfare, and will not have the effect of nullifying the intent and
provision of the Site Plan Requirements chapter of the Town Code. The Planning Board
has found that this application is eligible for a waiver of parking requirements because
there is no need to provide for parking - the application is for an agricultural use, the
building is for storage only, and owner use and the parcel is large in size relative to the
proposed structure (less than 3% lot coverage); and
WHEREAS, on February 27, 2017, the Planning Board formally accepted the
agricultural application as complete for review with additional information required; and
WHEREAS, on February 27, 2017, the Southold Town Planning Board, pursuant to
State Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617.5 (c), determined
that the proposed action as a Type II Action as it falls within the following description for
6 NYCRR, Part 617.5(c)(3) agricultural farm management practices, including
construction, maintenance and repair of farm buildings and structures, and land use
changes consistent with generally accepted principles of farming. The action is for the
construction of a 60' x 40' (2400 sq. ft.) agricultural storage barn accessory to an
existing farm operation including production, general farming and a farm stand; and
WHEREAS, on February 28, 2017, the Planning Board, pursuant to Southold Town
Code §280-131 C., distributed the application to the required agencies for their
comments; and
WHEREAS, on March 7, 2017, the Southold Town Chief Building Inspector reviewed
and certified the proposed Agricultural Storage Building as a permitted use in the R-80
Zoning District; and
WHEREAS, on March 8, 2017, the Southold Town Fire Inspector reviewed and
determined that there was adequate fire protection and emergency access for the site;
and
Southold Town Planning Board Page 132 April 10, 2017
WHEREAS, on March 21, 2017, the Southold Fire District determined there was
adequate fire protection for the site; and
WHEREAS, on March 27, 2017, the Architectural Review Committee reviewed the
application and approved it as submitted; and
WHEREAS, on April 5, 2017, the Town of Southold LWRP Coordinator reviewed the
above-referenced project and has determined the proposed project to be consistent with
Southold Town LWRP policies; and
WHEREAS, on April 6, 2017, the Southold Town Engineer reviewed the above-
referenced application and has determined that the proposed building and site meet the
minimum requirements of Chapter 236 for Storm Water Management; and
WHEREAS, on April 10, 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; and
WHEREAS, on April 10, 2017, a Public Hearing was held and closed; therefore, be it
RESOLVED, that the Southold Town Planning Board hereby waives certain Site Plan
Application requirements as noted above.
Martin Sidor: Second.
Vice-Chairman Rich: Motion made by Pierce, seconded by Martin. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
Pierce Rafferty: And be it further
RESOLVED, that the Southold Town Planning Board hereby waives the parking
requirements as noted above.
Martin Sidor: Second.
Vice-Chairman Rich: Motion made by Pierce, seconded by Martin. Any discussion? All
in favor?
Southold Town Planning Board Page 133 April 10, 2017
Ayes.
Opposed?
None.
Motion carries.
Pierce Rafferty: And be it further
RESOLVED, that the Southold Town Planning Board has determined that this proposed
action is consistent with the policies of the Town of Southold Local Waterfront
Revitalization Program.
Martin Sidor: Second.
Vice-Chairman Rich: Motion made by Pierce, seconded by Martin. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
Pierce Rafferty: And be it further
RESOLVED, that the Southold Town Planning Board grants Approval to the Site Plan
shown on the Survey for SCTM#1000-55.-6-34 for Kevin Polak, prepared by Nathan
Taft Corwin III, dated February 28, 2012 and last revised May 23, 2012 and authorizes
the Chairman to endorse the Site Plan with the following conditions:
Conditions:
1. No exterior lights were reviewed or approved in connection with this site
plan. Any exterior lights on or around the outside of this barn must be
reviewed and approved by the Planning Board and must meet Town Code
§172 Lighting.
2. This building is approved for agricultural storage only. It may not be used
for retail sales or access by the public. Agricultural storage includes the
storage of equipment, tools and other items necessary for growing crops
on site, as well as produce grown on site. Storage of produce grown
elsewhere is not permitted.
Southold Town Planning Board Page 134 April 10, 2017
Martin Sidor: Second.
Vice-Chairman Rich: Motion made by Pierce, seconded by Martin. Any discussion? All
_in favor?
Ayes.
Opposed?
None.
Motion carries.
Continued by Court Reporter Jessica DiLallo
6:02 p.m. - Krupski &Zachariadis —This proposed Lot Line Change will transfer 0.62
acres from SCTM#1000-103-5-5/SCTM#1000-97-8-31.2 to SCTM#1000-103-5-1.
SCTM#1000-103-5-1 will increase from 0.43 acres to 1.05 acres and SCTM#1000-103-
5-5. SCTM#1000-97-8-31.2 will decrease from 22.21 acres to 21.59 acres in the R-80
and R-40 Zoning Districts. The property is located at 195 Little Neck Road,
approximately 1,684 feet south of Eugene's Road, in Cutchogue. SCTM#1000-103-5-5,
1 & 1000-97-8-31.2
6:03 p.m. - Sannino Winery & Tasting Room - This Site Plan is for the proposed
construction of a 6,440 gross sq. ft. winery (wine production, retail area, wine education
room and 3600 sq. ft. basement) and thirty nine (39) 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
6:04 p.m. - 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
6:05 p.m. - 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
Southold Town Planning Board Page 135 April 10, 2017
Respectfully submitted,
Jessica Michaelis
Transcribing Secretary
Donald J. Wilcenski, Chairman
RECEIVED
3:3oPn,
,JUN 5�01��
Southold Town �9�rk