HomeMy WebLinkAboutPB-03/13/2017 1
MAILING ADDRESS:
PLANNING BOARD MEMBERS ®F SOUL.y P.O.Box 1179
DONALD J.WILCENSKI ®V�� ®l® 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.SIDORlyC®Up,.�� Southold, NY
IV 1' Telephone: 631765-1938
www.southoldtownny.gov
PLANNING BOARD OFFItCE
TOWN OF SOUTHOLD
PUBLIC MEETING RECEIVED
MINUTES
March 13, 2017
6:00 p.m. Southold Town Clerk
Present were: Donald J. Wilcenski, Chairman
James H. Rich III, Vice-Chairman
Martin Sidor, Member
Jessica Michaelis, Clerk Typist
SETTING OF THE NEXT PLANNING BOARD MEETING
Chairman Wilcenski: Good evening and welcome to the March 13, 2017 Public
Meeting for the Southold Town Planning Board. The first order of business is for the
Board to set Monday, April 10, 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.
James H. Rich III: So moved.
Martin Sidor: Second.
Chairman Wilcenski: Motion made by Jim, seconded by Martin. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
SUBDIVISIONS - STATE ENVIRONMENTAL QUALITY REVIEW ACT
(SEQRA)
Southold Town Planning Board Page 12 March 13, 2017
SEQRA Determinations:
Chairman Wilcenski: 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#1 000-
103-5-5 , 1 & 1000-97-8-31.2
James H. Rich III:
WHEREAS, 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; and
WHEREAS, the purpose of the re-subdivision is to transfer a 50 foot wide right of way
from SCTM#1000-97.-8-31.2 to SCTM#1000-103.-5-5. The right of way does not serve
a use to the current landowner; and
WHEREAS, on January 19, 2017, the Zoning Board of Appeals granted a variance for
the action File Number 7012 with the following conditions:
1. Approval of the Southold Planning Board is required.
2. Access rights by the two residential parcels to the East shall be preserved
through the creation of an access easement; 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 issued a Negative Declaration for
this Unlisted Action under SEQRA.
Martin Sidor: Second.
Chairman Wilcenski: Motion made by Jim, seconded by Martin. Any discussion? All in
favor?
Ayes.
Southold Town Planning Board Page 13 March 13, 2017
Opposed?
None.
Motion carries.
James H. Rich III: And be it further
RESOLVED, that the Southold Town Planning Board sets Monday, April 10, 2017 at
6:02 p.m. for a Public Hearing upon the map showing existing conditions entitled "Map
of Property Surveyed for Albert J. Krupski Jr. dated January 6, 1986 and the proposed
new parcel configuration on the map entitled "Lot Line Change Situate Cutchogue",
prepared by John C. Elhers, Land Surveyor, dated September 19, 2016.
Martin Sidor: Second.
Chairman Wilcenski: Motion made by Jim, seconded by Martin. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
SUBDIVISIONS
Sketch Plat Determinations:
Chairman Wilcenski: Hazard, David & Barbara - This proposal is for a Standard
Subdivision of a 5.14 acre parcel into two lots where Lot 1 = 2.47 acres inclusive of 0.03
acres of wetlands and Lot 2 = 2.67 acres inclusive of 0.08 acres of wetlands located in
the R-80 Zoning District. The property is located at 1465 Harbor Lane, in Cutchogue.
SCTM#1000-103-2-1
Martin Sidor:
WHEREAS, this proposal is for a Standard Subdivision of a 5.14 acre parcel into two
lots where Lot 1 = 2.47 acres inclusive of 0.03 acres of wetlands and Lot 2 = 2.67 acres
inclusive of 0.08 acres of wetlands located in the R-80 Zoning District; and
WHEREAS, on August 18, 2016 the agent submitted a Sketch Plan Application along
with other material for submission pursuant to Article V Sketch Plat Review; and
Southold Town Planning Board Page 14 March 13, 2017
WHEREAS, on September 12, 2016 the Southold Town Planning Board reviewed the
above-referenced application and found the application incomplete and requested
revisions to be made; and
WHEREAS, on September 14, 2016, the agent submitted a 1973 Deed for the parcel
and a Certificate of Occupancy for the structure on Lot 1; and
WHEREAS, the distances described in the deed for the north and south property lines
do not coincide with the distances shown on the sketch plan. The plan shows the
property lines extending into the East Creek further than described; the north property
line described as 784.34' and shown as 789.09' and the south property line described
as 235' and shown as 242.75'; and
WHEREAS, on October 28, 2016 the Planning Board office received an email from the
Board of Trustees indicating a reflagging of the wetland is necessary; and
WHEREAS, on November 16, 2016, the agent submitted revised plans showing a
revised wetland delineation line; and
WHEREAS, on January 5, 2017, the Zoning Board of Appeals granted a variance for
insufficient lot width under application number 6997 subject to the following conditions:
1. Create a 100' non-disturbance buffer landward from the edge of wetlands on
proposed Lot 1 and Lot 2;
2. Maintain only a single common access path to East creek for proposed Lot 1
and Lot 2;
3. Any new residential structures must have an onsite decentralized wastewater
treatment system that, at a minimum, is designed to reduce total nitrogen in
treated effluent to 19 mg/L, and further regulated by Article 19 of the Suffolk
County Sanitary Code and consistent with the conditions set forth by the
LWRP Coordinator in his comments of November 21, 2016;
4. This variance is subject to approval by the Southold Town Planning Board;
and
WHEREAS, the Zoning Board of Appeals application number 6997 conditions were
amended to:
1. Create a 100' non-disturbance buffer landward from the edge of wetlands on
proposed Lot 2;
2. Any new residential structures must have an onsite decentralized wastewater
treatment system that, at a minimum, is designed to reduce total nitrogen in
treated effluent to 19 mg/L, and further regulated by Article 19 of the Suffolk
Southold Town Planning Board Page 15 March 13, 2017
County Sanitary Code and consistent with the conditions set forth by the
LWRP Coordinator in his comments of November 21, 2016;
3. This variance is subject to approval by the Southold Town Planning Board;
and
WHEREAS, on January 25, 2017 the agent submitted revised plans showing the
relocated access easement; and
WHEREAS on February 23, 2017 the agent submitted neighbor authorization agreeing
to the relocation of the access easement to 1415 Harbor Lane; and
WHEREAS, on February 27, 2017 the Southold Planning Board found the Sketch Plan
Application complete; 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 the yield plan was included in the sketch plan
because two lots are proposed, with one requiring a lot width variance and a waiver of
Environmental Resources Site Analysis Plan (ERSAP), the Primary and Secondary
Conservation Area Plan due to:
1. The parcel is less than 7 acres in area and not subject to clustering
requirements pursuant to Article XI. Cluster Development of the Southold
Town Code; and
WHEREAS, on February 17, 2017, the Southold Town Planning Board reviewed the
revised plans and found that the submitted application meets all the requirements for
Sketch Approval pursuant to Article V Sketch Plat Review; therefore be it
RESOLVED, that the Southold Town Planning Board hereby grants Conditional
Sketch Plan Approval upon the map entitled "Survey of Property Situate Cutchogue",
dated December 8, 2015 & last revised January 23, 2017 prepared by Nathan Taft
Corwin, III, Land Surveyor with the following conditions:
1. Submission of all Preliminary Plat requirements pursuant to §240-16 Submission
and §240-17 Technical Requirement of the Southold Town Code.
2. Title the Preliminary Plat as "Standard Subdivision of David and Barbara
Hazard".
3. Re-label the area shown as the 100' setback on Lot 2 to read "Non-disturbance
buffer".
I
Southold Town Planning Board Page 16 March 13, 2017
4. Establish a non-disturbance buffer 20' in width on Lot 1 from the edge of wetland.
The activities and maintenance permitted within the buffer will be included within
a Covenant and Restriction required by the Planning Board.
5. Reduce the size of the building envelope on Lot 2 to coincide with the required
limits of clearing outlined in Chapter 240 Subdivision of Land in the Town Code.
Note only 25% of the parcel area is permitted to be cleared. Delineate the
clearing limits on the Preliminary Plat and incorporate existing vegetation near
wetlands, including significant trees throughout the entirety of the parcel. The
non-disturbance buffers could account in meeting the percentage.
6. Establish a 50' wide vegetated buffer along Harbor Lane on both Lots 1 and 2 for
the entire width of the lots excluding the proposed 25' right of way. The activities
and maintenance permitted within the buffer will be included within a Covenant
and Restriction required by the Planning Board.
7. Indicate what rights and interests are intact for the overhead wires that traverse
Lots 1 and 2. Note that all new development requires that utility lines be located
underground.
8. Validate the discrepancies in the 1973 Deed and how the property extended
further into East Creek.
9. Provide drainage plans for the proposed driveway pursuant to code §161-9.
10.Label the width of the driveway on Lot 2.
11.Remove the "Proposed House" on Lot 2.
12.Complete the Full Environmental Assessment form. Once the form is re-
submitted with the Preliminary Plat, SEQR coordination will begin. The following
is required:
a. Description
b. Page 3 of 13 (d) completion
c. Page 6 of 13 for correctness
d. Page 9 of 13 (e.2.b) complete table
e. Page 11 of 13 (e.2.c, d, e)
f. Page 11 of 13 Q, 1) for correctness
g. Page 12 of 13 (d) for correctness
Be sure to include a notation in the form that an onsite decentralized wastewater
treatment system that, at a minimum, is designed to reduce total nitrogen in
treated effluent to 19 mg/L, and further regulated by Article 19 of the Suffolk
County Sanitary Code will be installed.
Southold Town Planning Board Page 17 March 13, 2017
James H. Rich III: Second.
Chairman Wilcenski: Motion made by Martin, seconded by Jim. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
Set Final Plat Hearings:
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
James H. Rich III:
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,
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, the Southold Town Planning Board granted Conditional Preliminary Plat
Approval upon the map entitled "Proposed Land Division at Broadwaters for Theodore
C. Martz Jr.", dated April 30, 2007 and last revised December 15, 2015, prepared by
Kenneth Woychuck Land Surveying PLLC, with conditions; and
WHEREAS, all conditions have been satisfied to the greatest extent; therefore be it
RESOLVED, that the Southold Town Planning Board sets Monday, April 10, 2017 at
6:04 p.m. for a Public Hearing upon the map entitled "Final Plat Land Division at
Broadwaters" dated April 30, 2007 and last revised May 23, 2016 and the "Final Road
and Drainage Plan at Broadwaters", dated August 4, 2016 and prepared by Kenneth
Woychuck Land Surveying PLLC, dated April 30, 2007 and last revised May 23, 2016.
Martin Sidor: Second.
Southold Town Planning Board Page 18 March 13, 2017
Chairman Wilcenski: Motion made by Jim, seconded by Martin. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
Amend Conditional Final Plat Approval/Amend Bond:
Chairman Wilcenski: 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 TABLED
Chairman Wilcenski: I need a motion to table this application.
James H. Rich III: I make a motion to table.
Martin Sidor: Second.
Chairman Wilcenski: Motion made by Jim, seconded by Martin. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT
SEQRA Type Classifications/ Set Hearings:
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
Southold Town Planning Board Page 19 March 13, 2017
Martin Sidor:
WHEREAS, 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, Southold; and
WHEREAS, the Southold Town Planning Board, pursuant to State Environmental
Quality Review Act (SEQRA) 6 NYCRR, Part 617, has determined that the proposed
action is 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.
James H. Rich III: Second.
Chairman Wilcenski: Motion made by Martin, seconded by Jim. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
Martin Sidor: And be it further
RESOLVED, that the Southold Town Planning Board sets Monday, April 10, 2017 at
6:05 p.m. for a Public Hearing regarding the Site Plan entitled "North Fork United
Methodist Church", prepared by Joseph Fischetti, P.E., dated October 30, 2016.
James H. Rich III: Second.
Chairman Wilcenski: Motion made by Martin, seconded by Jim. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
Southold Town Planning Board Page 110 March 13, 2017
Chairman Wilcenski: 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
James H. Rich III:
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 60' x 40' (2,400 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.
Martin Sidor: Second.
Chairman Wilcenski: Motion made by Jim, seconded by Martin. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries
James H. Rich III: And be it further
RESOLVED, that the Southold Town Planning Board sets Monday, April 10, 2017 at
6:01 p.m. for a Public Hearing regarding 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.
Martin Sidor: Second.
Chairman Wilcenski: Motion made by Jim, seconded by Martin. Any discussion? All in
favor?
Ayes.
Southold Town Planning Board Page 111 March 13, 2017
Opposed?
None.
Motion carries
SITE PLANS
Re-Open Hearing:
Chairman Wilcenski: 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
Martin Sidor:
WHEREAS, 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, Cutchogue; and
WHEREAS, the Southold Town Planning Board required revisions to the Site Plan
regarding potential impacts from the proposed building/parking location and traffic
safety. Revisions were required to mitigate these potential impacts as identified through
public hearing comments and Site Plan review. These revisions included the relocation
of the building sixty-five (65) feet closer to CR 48, and the relocation of the parking
areas from the front of the building to the side and rear of the building. 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, April 10, 2017 at
6:03 p.m. for a Public Hearing regarding the Site Plan entitled "Sannino Vineyard",
prepared by Robert J. Gruber R.A., dated June 22, 2016 and last revised February 15,
2017.
James H. Rich III: Second.
Chairman Wilcenski: Motion made by Martin, seconded by Jim. Any discussion? All in
favor?
Ayes.
Opposed?
Southold Town Planning Board Page 112 March 13, 2017
None.
Motion carries
HEARINGS HELD OVER
Chairman Wilcenski: 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
Chairman Wilcenski: At this time I would like to make a few comments, there was
plenty of testimony at the last hearing. I believe it was held open because of the
concerns of some fences and cars and that the notification cards were not issued
properly to the adjacent owners, so the hearing was held over. If anyone would like to
address the Board, please step to one of the microphones, state you name and write
your name and address the Board. Anyone?
James H. Rich III: Mr. Chairman, I make a motion to close the hearing.
Martin Sidor: Second.
Chairman Wilcenski: Motion made by Jim, seconded by Martin. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
APPROVAL OF PLANNING BOARD MINUTES
Chairman Wilcenski: I need a motion for the Board to approve the minutes of:
November 7, 2016
November 21, 2016
December 5, 2016
December 19, 2016
January 9, 2017
Southold Town Planning Board Page 113 March 13, 2017
Martin Sidor: So moved.
James H. Rich III: Second.
Chairman Wilcenski: Motion made by Martin, seconded by Jim. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
Chairman Wilcenski: I need a motion for adjournment.
James H. Rich III: So moved.
Martin Sidor: Second.
Chairman Wilcenski: Motion made by Jim, seconded by Martin. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
There being no further business to come before the Board, the meeting was adjourned.
Respectfully submitted,
Jessica Michaelis
Transcribing Secretary
Donald J. Wilcenski, Chairman R lVYD
JUN 15 2017 0.5•W pm
&4a,ua a, n"
So hold Town Clerk