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Home My WebLink AboutPB-12/04/2017 OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex ®f S®Q�� P.O.Box 1179 54375 State Route 25 ®� ®�® Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1938 `z s' �s www.southoldtownny.gov COU PLANNING BOARD OFFICE TOWN OF SOUTHOLD PUBLIC MEETING RECEIVED MINUTES led F E 8 12 2018 i December 4, 2017 6:00 p.m. So hold Town Clerk Present were: Donald J. Wilcenski, Chairman James H. Rich III, Vice-Chairman Martin Sidor, Member Heather Lanza, Planning Director Mark Terry, Assistant Planning Director Jessica Michaelis, Clerk Typist SETTING OF THE NEXT PLANNING BOARD MEETING Chairman Wilcenski: Welcome to the December 4, 2017 Planning Board meeting. The first order of business is for the Board to set Monday, January 8, 2018 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. Southold Town Planning Board Page 12 December 4, 2017 SUBDIVISIONS - STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQRA) SEQRA Determinations: Chairman Wilcenski: RCC Sacred Heart—This proposal is for a Standard Subdivision of 35.5 acres into two lots for the purpose of separating an existing cemetery from an agricultural area, where Lot 1 = 24.65 acres of agricultural land, and Lot 2 = 10.86 acres and contains the cemetery of the Roman Catholic Church of the Sacred Heart. In addition, two lot lines of the adjacent parcel belonging to the Roman Catholic Church of Our Lady of Ostrabama, SCTM#1000-96-5-12.2 (Lot 3), will be relocated to allow Lot 1 direct access to Depot Lane; the size of Lot 3 will remain at 7.17 acres. The property is located in the AC Zoning District at 3450 Depot Lane, Cutchogue. SCTM#1000-96-5- 12.2 & 12.3 James H. Rich III: WHEREAS, this proposal is for a standard subdivision of 35.5 acres into two lots for the purpose of separating an existing cemetery from an agricultural area, where Lot 1 = 24.65 acres of agricultural land in contract for the sale of Development Rights with Southold Town, and Lot 2 = 10.86 acres and contains the cemetery of the Roman Catholic Church of the Sacred Heart. In addition, two lot lines of the adjacent parcel belonging to the Roman Catholic Church of Our Lady of Ostrabama, SCTM#1000-96-5- 12.2 (Lot 3), will be relocated to allow Lot 1 direct access to Depot Lane; the size of Lot 3 will remain at 7.17 acres. The property is located in the AC Zoning District at 3450 Depot Lane, Cutchogue; and WHEREAS, on July 10, 2017, 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, pursuant 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality Review Act (SEQRA), the Planning Board coordinated with all involved and interested agencies on August 24, 2017; be it therefore RESOLVED, that the Planning Board hereby declares Lead Agency status for the SEQRA review of this unlisted action. Martin Sidor: Second. Chairman Wilcenski: Motion made by Jim, seconded by Martin. Any discussion? All in favor? Ayes. Opposed? Southold Town Planning Board Page 13 December 4, 2017 None. Motion carries. James H. Rich III: And be it further RESOLVED, that the Southold Town Planning Board, as Lead Agency pursuant to SEQRA, hereby makes a determination of non-significance for the proposed action and grants a Negative Declaration. Martin Sidor: Second. Chairman Wilcenski: Motion made by Jim, seconded by Martin. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. SUBDIVISIONS Conditional Final Plat Determinations: Chairman Wilcenski: Sutton, Alexander & Tracy - This proposal is for a Standard Subdivision of a 1.82 acre parcel where in 2010 the Zoning Board of Appeals granted an Area Variance to allow for this parcel to be subdivided into two lots where Lot 1 equals 1.13 acres and Lot 2 equals 0.69 acres, located in the R-40 Zoning District. SCTM#1000-78-9-54 Martin Sidor: WHEREAS, this proposal is for a Standard Subdivision of a 1.82 acre parcel where in 2010 the Zoning Board of Appeals granted an Area Variance to allow for this parcel to be subdivided into two lots where Lot 1 equals 1.13 acres and Lot 2 equals 0.69 acres, located in the R-40 Zoning District; and WHEREAS, on October 7, 2010, the Zoning Board of Appeals granted an Area Variance #6385; and WHEREAS, on May 25, 2011, the applicant submitted to the Planning Board a Variance granted by the Zoning Board of Appeals and four revised prints; and Southold Town Planning Board Page 14 December 4, 2017 WHEREAS, on July 11, 2011, the Planning Board reviewed the application and agreed that the Board would allow the application to begin at the Preliminary Plat Stage. The Board required that a new Preliminary Plat Application be submitted to begin the review process; and WHEREAS, on October 3, 2013, the agent submitted an approved Health Department map; and WHEREAS, on April 3, 2014, the agent submitted a Preliminary Plat Application that included 12 prints of the Preliminary Plat, a copy of the Health Department approved map and a check in the amount of$1,000.00; and WHEREAS, on May 5, 2014, the Planning Board reviewed the application at their Work Session and found the application incomplete with items to be submitted; and WHEREAS, on May 15, 2014, the agent submitted additional information that was required to find the application complete; and WHEREAS, on June 2, 2014, the Planning Board reviewed the application at their Work Session and found the application complete and agreed to set the Preliminary Plat Public Hearing; and WHEREAS, on June 5, 2014, referrals were sent out to applicable agencies for review; and WHEREAS, on June 12, 2014, the Southold Fire District responded to the referral request; and WHEREAS, on July 7, 2014, the Suffolk County Planning Commission responded to the referral request; and WHEREAS, on July 8, 2014, the Planning Board held and closed the Preliminary Plat Public hearing; and WHEREAS, on July 23, 2014, the Office of the Town Engineer responded with comments to the referral request; and WHEREAS, on August 22, 2014, the Planning Board reviewed the application at their Work Session and requested that revisions be made to the map; and WHEREAS, on September 8, 2014, the Planning Board reviewed the application at their Work Session and agreed to place a Covenant on the property that the right-of-way will remain open and accessible to emergency vehicles over its entire length; and Southold Town Planning Board Page 15 December 4, 2017 WHEREAS, on September 24, 2014, a referral was sent to the Highway Superintendent and the Office of the Town Engineer requesting that the right-of-way remain as it currently exists and not up-graded to meet Highway Specifications; and WHEREAS,, on September 25, 2014 and October 17, 2014 the Office of the Town Engineer sent responses to the Planning Board's request stating that, after review, the Highway Superintendent and the Office of the Town Engineer have agreed to waive the requirement to meet Highway Specifications; and WHEREAS, on October 20, 2014, the Planning Board reviewed the application at their Work Session and agreed to waive the Highway Requirements for the right-of-way; and WHEREAS, on February 6, 2015, the agent submitted 12 revised prints and a Letter of Water Availability from the Suffolk County Water Authority; and WHEREAS, on February 26, 2015, the Planning Board reviewed the application at their Work Session and accepted the Draft Covenants and Restrictions. The Board also requested that an Access Easement be submitted for Lot 2 over the 50' right-of-way; and WHEREAS, on May 27, 2015, the agent submitted revised Covenants and Restrictions; and WHEREAS, on June 3, 2015, Staff sent an e-mail to the agent stating that the last item to submit, as per the letter dated February 26, 2015, was the Access Easement for Lot 2 over the 50' right-of-way; and WHEREAS, on December 15, 2015, the agent submitted an Access Easement for Lot 2 over the 50' right-of-way; and WHEREAS, on January 19, 2016, Staff sent a referral to the Office of the Town Engineer requesting review of the Access Easement; and WHEREAS, on February 22, 2016, the Planning Board reviewed the application at their Work Session,and accepted Planning Staff's revised Access Easement; and WHEREAS, on March 21, 2016, the Planning Board reviewed the revised Covenants and Restrictions at their Work-Session and agreed that the application meets all the requirements for Preliminary Plat Approval pursuant to Article VI Preliminary Plat Review; and WHEREAS, on April 4, 2016, the Planning Board, pursuant to SEQRA, made a determination of non-significance for the proposed action and granted a Negative Declaration; and Southold Town Planning Board Page 16 December 4, 2017 WHEREAS, on April 4, 2016, the Planning Board determined that this proposed action is consistent with the policies of the Town of Southold Local Waterfront Revitalization Program; and WHEREAS, on April 4, 2016, the Planning Board granted Conditional Preliminary Plat Approval; and WHEREAS, on January 31, 2017, the Final Plat Application was submitted, and WHEREAS, on August 8, 2017, the applicant filed with the Office of the Suffolk County Clerk a Declaration of Covenant and Restrictions for the Subdivision in Liber D00012923 Page 987, a Declaration of Covenants and Restrictions for the Right of Way in Liber D00012922 Page 062, and an Access Agreement in Liber D00012922 page 061; and WHEREAS, on October 6, 2017, the Applicants Agent submitted a letter requesting that the Final Plat Public Hearing be waived and the request was denied due to past public concern, and WHEREAS, on October 16, 2017 Work Session the Planning Board found the Final Plat Application complete, and WHEREAS, on November 6, 2017 a Final Plat Public Hearing was held and closed on the "Final Plat Standard Subdivision prepared for Alexander L. & Tracy M. Sutton", dated June 15, 2007 and last revised April 9, 2016, prepared by Nathan Taft Corwin III, Land Surveyor; and WHEREAS, at their Work Session on December 4, 2017, the Planning Board found that all requirements of Chapter 240 Subdivision of Land, Article VII: Final Plat Review have been met; therefore be it RESOLVED, that on recommendation of the Town of Southold Superintendent of Highways that the Southold Town Planning Board hereby waives Chapter 161. Highway Specifications Article III. Roadway Construction, pursuant to §161-47 of the Southold Town Code, and recommends same to the Town Board. James H. Rich III: Second. Chairman Wilcenski: Motion made by Martin, seconded by Jim. Any discussion? All in favor? Ayes. Opposed? None. Southold Town Planning Board Page 17 December 4, 2017 Motion carries. Martin Sidor: And be it further RESOLVED, that the Southold Town Planning Board hereby grants Conditional Final Plat Approval upon the map entitled "Final Plat Standard Subdivision prepared for Alexander L. & Tracy M. Sutton", dated June 15, 2007 and last revised April 9, 2016, prepared by Nathan Taft Corwin III, Land Surveyor, with the following conditions: 1. Submit the $4,000.00 Administration Fee pursuant to § 240-37 Administration Fee. 2. Produce and file a Legibility Map with the Office of the Suffolk County Clerk with the following amendments: • Remove the key map with a scale of 1"=100'. • Revise the notation and marking of the 20' vegetated buffer on Lot 1 to accommodate the existing driveway. Clearly label the vegetated buffer. • Make any other changes required by the Office of the Suffolk County Clerk. • Confirm that the Final Plat and Legibility Map will be accepted for filing by the Office of the Suffolk County Clerk. 3. Approval from the Town Board to waive Chapter 161. Highway Specifications Article III. Roadway Construction, for the right-of-way is required prior to consideration for Final Approval. The Planning Board will submit a waiver request to the Town Board. James H. Rich III: Second. Chairman Wilcenski: Motion made by Martin, seconded by Jim. 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 from: • November 6, 2017 Southold Town Planning Board Page 18 December 4, 2017 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. Chairman Wilcenski: We 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 RECEIVED So F" r FEB 1 2 2018 �/ So 9hold Town Clerk