HomeMy WebLinkAboutPB-01/08/2018 OFFICE LOCATION: MAILING ADDRESS:
Town Hall Annex ��®f S®�j�® P.O. Box 1179
54375 State Route 25 �® �® Southold,NY 11971
(cor. Main Rd. &Youngs Ave.) r2 r2
Southold, NY Telephone: 631 765-1938
www.southoldtownny.gov
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PLANNING BOARD OFFICE RECEIVED
TOWN OF SOUTHOLD �e_ A
PUBLIC MEETING �` 2018 e�'�"'�
MINUTES FEB 1 2a 7"
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January 8, 2018 S, ahold Town Clerk
6:00 p.m.
Present were: Donald J. Wilcenski, Chairman
James H. Rich III, Vice-Chairman
Martin Sidor, Member
Pierce Rafferty, Member
Heather Lanza, Planning Director
Mark Terry, Assistant Planning Director
Brian Cummings, Planner
SETTING OF THE NEXT PLANNING BOARD MEETING
Chairman Wilcenski: Welcome to the January 8, 2018 Planning Board meeting. The
first order of business is for the Board to set Monday, February 5, 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.
Pierce Rafferty: Second.
Chairman Wilcenski: Motion made by Jim, seconded by Pierce. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
Southold Town Planning Board Page 12 January 8, 2018
SUBDIVISIONS
Extension of Time to Render Preliminary Plat Determinations:
Chairman Wilcenski: Harold R. Reeve & Sons, Inc. - This proposal is for a Standard
Subdivision of a 5.1 acre split-zoned parcel into 4 lots where Lots 1-3 equal 1 acre and
are located in the R-40 Zoning District and Lot 4 equals 1.8 acres located in the R-40
and B Zoning Districts. The property is located at 1605 Wickham Avenue, on the n/s/o
County Road 48, approximately 190' w/o Wickham Avenue, in Mattituck. SCTM#1000-
140-1-6
Pierce Rafferty:
WHEREAS, this proposal is for a Standard Subdivision of a 5.1 acre split-zoned parcel
into 4 lots where Lot 1 equals 1 acre inclusive of 0.1 acres of unbuildable land, Lot 2
equals 1 acre inclusive of 0.1 acres of unbuildable land, Lot 3 equals 1 acre inclusive of
0.04 acres of unbuildable land located in the R-40 Zoning District and Lot 4 equals 1.8
acres located in both the R-40 and B Zoning Districts. A 0.3 acre proposed private road,
Creek View Lane, is located on the northeast side of the subdivision off of Wickham
Avenue. This proposal includes a Change of Zone Application where the zoning on Lot
4 is proposed to change from the R-40 and B Zoning Districts to the LB Zoning District;
and
WHEREAS, the Southold Planning Board, pursuant to the Southold Town Code, has 62
days to render a Preliminary Plat Determination after the Preliminary Plat Public
Hearing is closed; and
WHEREAS, on May 2, 2016, the Southold Planning Board and the applicant had
mutually agreed to extend the timeframe to render a Preliminary Plat Determination
from April 17, 2016 to August 17, 2016; and
WHEREAS, on September 13, 2016, the Southold Planning Board and the applicant
had mutually agreed to extend the timeframe to render a Preliminary Plat Determination
from August 17, 2016 to December 17, 2016; and
WHEREAS, on December 22, 2016 the applicants' agent submitted a third request to
mutually extend the timeframe by 6 months (180 days) to render a Preliminary Plat
Determination; and
WHEREAS, the Southold Planning Board and the applicant mutually agreed to extend
the timeframe to render a Preliminary Plat Determination by 6 months (180 days) from
December 17, 2016 to June 19, 2017; and
WHEREAS, on June 15, 2017, the applicant requested a fourth extension of 6 months
(180 days) to render a Preliminary Plat Determination upon the application; and
Southold Town Planning Board Page 13 January 8, 2018
WHEREAS on July 10, 2017 the timeframe to render a Preliminary Plat Determination
had been mutually extended from June 19, 2017 to December 19, 2017, and
WHEREAS, on December 13, 2017 the applicants' agent requested a fifth extension of
6 months (180 days) to render a determination on the Preliminary Plat, therefore be it
RESOLVED, that the timeframe to render a Preliminary Plat Determination has
been mutually extended from December 19, 2017 to June 19, 2018.
James H. Rich III: Second.
Chairman Wilcenski: Motion made by Pierce, seconded by Jim. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
Conditional Final Plat 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; and
WHEREAS, Lot 1 is proposed to be entirely protected from future development, and is
in contract with the Town of Southold for the sale of the development rights; and
Southold Town Planning Board Page 14 January 8, 2018
WHEREAS, Lot 3 will not change in overall area. The lot line on the northwestern
boundary will be shifted over to allow the creation of a 50' right of way for the farm
parcel. This was necessary due to existing headstones. An equivalent amount of land is
being added back to the parcel by moving the northeastern boundary line over; and
WHEREAS, on July 26, 2017, the applicant submitted a Standard Subdivision
application; and
WHEREAS, on August 14, 2017, the Southold Town Planning Board found the Sketch
Plan application complete; and
WHEREAS, on August 29, 2017, the Planning Board referred the application to other
agencies for comments and to request Lead Agency for a coordinated review of the
Unlisted Action pursuant to 6 NYCRR Part 617, Section 617.7 of the State
Environmental Quality Review; and
WHEREAS, on September 11, 2017, the Final Plat Public Hearing was held and closed;
and
WHEREAS, on October 16, 2017, at their Work Session, the Planning Board completed
a review of Public Hearing comments and referrals from other agencies and required
revision; and
WHEREAS, on November 16, 2017, the applicant submitted a Final Plat application and
plans inclusive of all required revision by the Planning Board and a request for a waiver
of the administration fee; and
WHEREAS, on November 20, 2017, the Final Plat application was found complete and
the Planning Board required that the applicant apply for the waiver of the administration
fee directly with the Town Board; and
WHEREAS, on December 4, 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 December 4, 2017, the Planning Board accepted the draft covenants
and restrictions and determined that the proposed action meets all the necessary
requirements of Town Code §240 for a Standard Subdivision; and
WHEREAS, the Southold Town Planning Board, pursuant to Town Code X5240-56
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 ERSAP, the Primary
and Secondary Conservation Area Plan, the Sketch Plan Approval and the Preliminary
Plat steps of the subdivision process for the following reasons:
Southold Town Planning Board Page 15 January 8, 2018
1. Through the sale of development rights, Lot 1 will be entirely preserved for
agriculture;
2. There will be no change to the use of Lot 2, which will continue as a cemetery;
3. Lot 3 will remain in the same use and at the same size, the only change is a shift
of a small amount of land from one side of the property to another;
4. This application will not increase development potential, and as such, will pose
minimal potential for adverse impacts on the community; and
WHEREAS, pursuant to §240-53 of the Southold Town Code- Reservation of park land
on subdivisions plats containing residential units, the Planning Board, in determining
whether or not to require the reservation of land for Public Park, playground or
recreational purposes, must consider the following:
• Whether the anticipated population of the proposed subdivision, together with the
population density of surrounding neighborhoods, is sufficient to justify
development and long-term maintenance of a public park, playground or other
recreation facility at the location; and
WHEREAS, in this case, there will be no increase in development potential or
population as a result of this subdivision; therefore be it
RESOLVED, that the Southold Town Planning Board, as described above, hereby finds
that the proposed subdivision plat does not present a proper case for requiring a park.
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 Planning Board hereby waives the requirements of §240 to submit
the ERSAP, Primary and Secondary Conservation Plans, and the Sketch Plan Approval
and Preliminary Plat steps.
Southold Town Planning Board Page 16 January 8, 2018
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 grants Conditional Final Approval
on the map entitled "Final Plat for Standard Subdivision RCC Sacred Heart" prepared
by John C. Ehlers, Land Surveyor, dated November 10, 2017, with the following
conditions:
1. Install concrete monuments that satisfy the requirements of§240-21 Technical
Requirements and §161-3 Final plans; and
2. Revise the Final Plat as follows:
a. Note locations of all concrete monuments (including the new ones to be
installed prior to Final Plat Approval); and
b. Add a notation to the Final Plat that at least 10 trees must be maintained as
street trees on Lot 2 along Depot Lane; and
c. Provide the seal and license number of the Engineer/Surveyor that prepared
the plat; and
3. Receive approval from the Suffolk County Department of Health Services for this
subdivision; and
4. Close on the sale of Development Rights to the Town of Southold. This must be
completed prior to Final Plat Approval by the Planning Board; and
5. Fulfill the requirements of§240-37 Administration fee to the satisfaction of the
Southold Town Planning Board and Town Board; and
6. File covenants and restrictions in the Suffolk County Clerk's Office; and
7. Submit 4 Mylars and 4 paper copies of the Final Plat.
Southold Town Planning Board Page 17 January 8, 2018
Martin Sidor: Second.
Chairman Wilcenski: Motion made by Jim, seconded by Martin. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
Final Plat Determinations:
Chairman Wilcenski: Droskoski & Sepenoski - This proposed Lot Line Change
transfers 13,872 sq. ft. from SCTM#1000-18-4-7.8 to SCTM#1000-18-4-7.4. Lot 7.4
increases from 38,880 sq. ft. to 52,752 sq. ft., and Lot 7.8 decreases from 13,872 sq. ft.
to 0 sq. ft. in the R-80 Zoning District. The property is located at 27835 NYS Route 25,
on the southwest corner of the intersection of Brown's Hill Road & NYS Route 25,
Orient.
Martin Sidor:
WHEREAS, this proposed Lot Line Modification will transfer 13,872 sq. ft. from
SCTM#1000-18-4-7.8 to SCTM#1000-18-4-7.4. Lot 7.4 will increase from 38,880 sq. ft.
to 52,752 sq. ft., and Lot 7.8 will be eliminated entirely in the R-80 Zoning District; and
WHEREAS, Patricia Sepenoski and Stanley Droskoski are the owners of the
properties located at 27835 S.R. 25, Orient, SCTM#1000-18-4-7.4 & 7.8; and
WHEREAS, on January 26, 2011, the agent, Harvey A. Arnoff, Esq., submitted a Lot
Line Modification Application for consideration; and
WHEREAS, on February 14, 2011, the Planning Board accepted the application for
formal review with revisions; and
WHEREAS, on May 18, 2011, referrals were sent out to all applicable agencies; and
WHEREAS, on June 13, 2011, the Southold Town Planning Board set a Public Hearing
regarding the map dated February 2, 2010 and last revised on January 14, 2011; and
WHEREAS, on June 29, 2011, referral comments were received from the Board of Fire
Commissioners which stated, they did not find any issue with the plan, however, they do
request to allow a minimum of a 15' wide right-of-way for fire department equipment;
and
Southold Town Planning Board Page 18 January 8, 2018
WHEREAS, on July 7, 2011, referral comments were received from the Suffolk County
Department of Planning and they were addressed; and
WHEREAS, on July 11, 2011, a Public Hearing on this application was held and closed
by the Planning Board; and
WHEREAS, the Planning Board performed an uncoordinated review of this Unlisted
Action pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality
Review Act (SEQRA); and
WHEREAS, on August 8, 2011, the Planning Board made a determination of non-
significance and granted a Negative Declaration under SEQRA on the application; 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 ERSAP, the Primary
and Secondary Conservation Area Plan, and the Sketch Plan and Preliminary Plat steps
of the subdivision process for the following reasons:
1. No new lots are being created.
2. The lots involved are either already developed or are being preserved as open
space.
3. No changes will occur as a result of this Lot Line Change that would affect the
character of the neighborhood; and
WHEREAS, August 8, 2011, the Southold Town Planning Board granted Conditional
Final Approval upon the map entitled "Boundary Line Alteration", prepared by John C.
Ehlers, Land Surveyor, dated September 2, 2010 and last revised on February 28,
2011, with two conditions listed below:
1. Submit a copy of the plan with Suffolk County Department of Health Services
stamp of approval to the Planning Board; and
2. Submit draft deeds to the Planning Board; and
WHEREAS, on August 8, 2011, the Southold Town Planning Board waived the
requirements of§240 to submit the ERSAP, Primary and Secondary Conservation
Plans, Sketch Plan and Preliminary Plat steps; and
WHEREAS, multiple extensions were requested and granted to allow for the applicant
to gain approval from the Suffolk County Department of Health Services; and
Southold Town Planning Board Page 19 January 8, 2018
WHEREAS, as per Resolution #2012-673, the Town Board waived the requirement to
resubmit the Lot Line Change application and the subsequent $500 application fee; and
WHEREAS, on November 6, 2017, the applicant submitted a copy of the plan with a
Suffolk County Department of Health Services stamp of approval to reactivate the
application; and
WHEREAS, on December 11, 2017, the applicant submitted draft deeds to accomplish
the modification of lot lines; and
WHEREAS, the Planning Board has determined that the proposed action meets the
necessary requirements of Town Code §240 for a Lot Line Modification; be it therefore
RESOLVED, that the Southold Town Planning Board grants Final Approval upon the
map entitled "Boundary Line Alteration", prepared by John C. Ehlers, Land Surveyor,
dated September 2, 2010 and last revised on February 28, 2011.
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 am recusing myself from the next project, Vice-Chairman
James Rich will take over.
Re-issuance of Final Plat Determination:
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 equal 0.7 acres, and Lot 12 equals 12 acres, located in the A-C Zoning
Southold Town Planning Board Page 10 January 8, 2018
District. This subdivision includes 15.2 acres of open space and 1.7 acres for a
proposed road; and
WHEREAS, on September 11, 2017, the Southold Planning Board granted Final Plat
Approval with the following condition on the Suffolk County Department of Health
Services approved map entitled "Subdivision Map Estates at Royalton Final Plat" dated
June 22, 2016 and last revised February 21, 2017, prepared by Young & Young, Land
Surveyors.
1. Submit the Open Space Conservation Easement and Covenant and
Restrictions dated September 7, 2017 filed with the Office of the Suffolk
County Clerk to this office; and
WHEREAS, the Planning Board required that the above condition be met within 30 days
from September 11, 2017 and upon meeting the above condition, the Planning Board
would authorize the Vice Chairman to endorse the Final Plat; and
WHEREAS, on September 14, 2017 Covenants and Restrictions filed with the Office of
the Suffolk County Clerk Liber D00012929 and Page 418 and on September 29, 2017
an Amended Open Space Conservation Easement filed with the Suffolk County Clerk
Liber D00012931 page 373 were received by this office meeting the condition; and
WHEREAS, on October 3, 2017 the Final Plat was signed by the Vice Chairman of the
Planning Board; and
WHEREAS, the applicant attempted to file the approved Final Plat with the Office of the
Suffolk County Clerk and due to minor legibility problems the Final Plat was rejected;
and
WHEREAS, on November 30, 2017 the Final Plat was amended and submitted to the
Planning Board for re-stamping; and
WHEREAS, the 62 day regulatory filing period has since expired; therefore be it
RESOLVED, that the Southold Planning Board grants Final Plat Approval on the map
entitled "Subdivision Map Estates at Royalton Final Plat dated June 22, 2016 and last
revised February 21, 2017, prepared by Young &Young, Land Surveyors.
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 111 January 8, 2018
None.
Motion carries.
SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT
SEQRA Determinations:
_Chairman Wilcenski: 870 Love Lane Professional Office and Apartment—This
proposed Site Plan is for the conversion of an existing two-story single family dwelling to
a 1,430 sq. ft. Professional office on the first floor and 830 sq. ft. apartment on the
second floor with nine parking stalls on 0.7 acres in the Residential Office (RO) Zoning
District, Mattituck. The property is located at 870 Love Lane. SCTM#1000-140-2-17
James H. Rich III:
WHEREAS, this proposed Site Plan is for the conversion of an existing two-story single
family dwelling to a 1,296 sq. ft. professional office on the first floor and 830 sq. ft.
apartment on the second floor with nine parking stalls on 0.7 acres in the Residential
Office (RO) Zoning District, Mattituck; 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; and
WHEREAS, the Planning Board performed a coordinated review of this Unlisted Action
pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality
Review Act (SEQRA); be it therefore
RESOLVED, that the Southold Town Planning Board hereby declares Lead Agency
status for the SEQRA review of this Unlisted Action.
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 January 8, 2018
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.
SITE PLANS
Determinations:
Chairman Wilcenski: Country Car Wash Additions - This Amended Site Plan
Application is for two roof additions at 24' x 32' and 24' x 28' (1,440 total sq. ft.) to an
existing 960 sq. ft. car wash facility on 0.918 acres in the General Business Zoning
District. The property is located at 6565 NYS Route 25, ±724' s/w/o Bray Avenue &
NYS Route 25, Mattituck. SCTM#1000-125-1-19.5
Martin Sidor:
WHEREAS, this proposed Amended Site Plan is for two roof additions at 24' x 32' and
24' x 28' (1,440 total sq. ft.) to an existing 960 sq. ft. car wash facility on 0.918 acres in
the General Business Zoning District, Mattituck; and
WHEREAS, on June 17, 2016, Roman Watroba, owner, submitted an Amended Site
Plan Application for review; and
WHEREAS, on July 8, 2016, the Planning Board found the application incomplete for
review and required revisions and additional information; and
WHEREAS, on July 19, 2016, Roman Watroba, owner, submitted revised Site Plans,
remaining application fee and additional information for review; and
WHEREAS, on August 8, 2016, the Planning Board formally accepted the Amended
Site Plan Application as complete for review; and
Southold Town Planning Board Page 113 January 8, 2018
WHEREAS, on August 8, 2016, the Southold Town Planning Board, pursuant to State
Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617, determined that the
proposed action is a Type II Action, as it falls within the following description for 6
NYCRR, Part 617.5(c)(7) construction or expansion of a primary or
accessory/appurtenant, non-residential structure or facility involving less than 4,000
square feet of gross floor area and not involving a change in zoning or a Use Variance
and consistent with local land use controls, but not radio communication or microwave
transmission facilities; and
WHEREAS, on August 15, 2016, the Planning Board, pursuant to Southold Town Code
§280-131 C., distributed the application to the required agencies for their comments;
and
WHEREAS, the proposed action is exempt from review by the Suffolk County Planning
Commission (SCPC); and
WHEREAS, on August 25, 2016, the Southold Town Fire Inspector reviewed and
determined that there was adequate fire protection and emergency access for the site;
and
WHEREAS, on August 25, 2016, the Architectural Review Committee (ARC) approved
the proposed action as submitted; and
WHEREAS, on September 12, 2016, a Public Hearing was held and closed; and
WHEREAS, on September 20, 2016, the Mattituck Fire District determined there was
adequate fire protection for the site; and
WHEREAS, on September 22, 2016, the Southold Town Engineer reviewed the
amended application and required revisions to the Site Plan in order to meet the
minimum requirements of Chapter 236 for Storm Water Management; and
WHEREAS, on September 22, 2016, the Town of Southold Local Waterfront
Revitalization Program Coordinator reviewed the proposed project and determined the
project to be consistent with Southold Town LWRP policies with recommendations to
the Planning Board; and
WHEREAS, at a Work Session on September 26, 2016, the Planning Board reviewed
the proposed application and required revisions to the Site Plan and additional
information; and
WHEREAS, on October 25, 2016, Roman Watroba, owner, submitted revised Site
Plans and additional information as required; and
Southold Town Planning Board P a g e 14 January 8, 2018
WHEREAS, on November 7, 2016, the Southold Town Planning Board determined that
all applicable requirements of the Site Plan Regulations, Article XXIV, §280 — Site Plan
Approval of the Town of Southold, were met; and
WHEREAS, on November 16, 2016, a revised Notice of Disapproval was issued by the
Building Department requiring the applicant to obtain an area variance and special
exception from the Zoning Board of Appeals (ZBA) for the proposed action; and
WHEREAS, on November 8, 2017; the ZBA granted the Special Exception and
variances as requested pursuant to ZBA files #7082SE and 7084; and
WHEREAS, on January 5, 2018, the Southold Town Chief Building Inspector reviewed
and certified the proposed automobile laundry, by special exception, as a permitted use
in the General Business (B) Zoning District pursuant to ZBA file #7082SE; be it
therefore
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.
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 approves the Amended Site
Plan with one (1) condition, as shown on the survey for SCTM#1000-125.-1-19.5
prepared by Nathan Taft Corwin III, Land Surveyor, dated November 30, 2015 and last
revised October 20, 2016.
Condition
• All exterior signage shall meet the requirements pursuant to Article XIX
Signs of the Southold Town Code.
James H. Rich III: Second.
Southold Town Planning Board Page 115 January 8, 2018
Chairman Wilcenski: Motion made by Martin, seconded by Jim. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
Chairman Wilcenski: 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
Pierce Rafferty:
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, on October 22, 2014, the Suffolk County Department of Health Services
(SCDHS) granted approval C10-14-0002 for a "non-medical office and apartment" @
265gpd; and
WHEREAS, on March 30, 2015, Michael Kimack, authorized agent, submitted a Site
Plan Application for review; and
WHEREAS, on April 20, 2015, the Planning Board found the application incomplete for
review and required revisions and additional information; and
WHEREAS, on May 27, 2015, Michael Kimack, authorized agent, submitted a portion of
the required materials for review; and
WHEREAS, on June 2, 2015, Michael Kimack, authorized agent, submitted a portion of
the required materials for review; and
WHEREAS, on July 1, 2015, Michael Kimack, authorized agent, submitted a portion of
the required materials for review; and
WHEREAS, on July 30, 2015, Michael Kimack, authorized agent, submitted a portion of
the required materials for review; and
Southold Town Planning Board Page 116 January 8, 2018
WHEREAS, on August 3, 2015, the Planning Board referred the Site Plan Application
for to the Zoning Board of Appeals (ZBA) for review and interpretation pursuant to Town
Code Section 280-146(D)(1). The Board sought clarification as to whether a variance
was required for the application, or if the Stanley Malon Decision File# 5383 applied to
the LB Zoning District as well as the General Business (B) Zoning District; and
WHEREAS, on September 14, 2015, Michael Kimack, authorized agent, submitted a
revised site plan for review; and
WHEERAS, on October 20, 2015, the ZBA provided interpretation #6885 that the
Stanley Malon decision, file #5383 applies only to the General Business (B) Zoning
District and does not apply to the LB or any other Zoning District; and
WHEREAS, on November 6, 2015, the Planning Board referred the application to the
Building Department requesting a review of the Notice of Disapproval in light of the ZBA
decision #6885; and
WHEREAS, on November 19, 2015, Michael Kimack, authorized agent, submitted a
revised site plan for review; and
WHEREAS, on January, 11, 2016, a renewed Notice of Disapproval was issued by the
Building Department; and
WHEREAS, on February 16, 2016, Michael Kimack, authorized agent, submitted a
revised Site Plan and business operation details as required for review; and
WHEREAS, on March 9, 2016, the Planning Board required the submission of materials
and plans to memorialize the changes to the plan that was originally reviewed by the
Building Department; and
WHEREAS, on March 15, 2016, Michael Kimack, authorized agent, submitted a revised
site plan for review as required; and
WHEREAS, on April 4, 2016, the Planning Board formally accepted the Site Plan
Application as complete for review with revisions to be made immediately; and
WHEREAS, on April 4, 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 April 14, 2016, Michael Kimack, authorized agent, submitted information
for review as required; and
WHEREAS, on April 20, 2016, the Planning Board, pursuant to Southold Town Code
§280-131 C., distributed the application to the required agencies for their comments,
and performed a coordinated review under SEQRA; and
Southold Town Planning Board Page 117 January 8, 2018
WHEREAS, on May 2, 2016, a Public Hearing was held and closed; and
WHEREAS, the proposed action is exempt from review by the Suffolk County Planning
Commission (SCPC); and
WHEREAS, on June 2, 2016, the New York State Department of Transportation
(NYSDOT) determined that the applicant required a Highway Work Permit; and
WHEREAS, on June 20, 2016, the Cutchogue Fire District determined there was
adequate fire protection for the site; and
WHEREAS, on June 30, 2016, the Town of Southold Local Waterfront Revitalization
Program Coordinator reviewed the proposed project and determined the project to be
consistent with Southold Town LWRP policies with recommendations to the Planning
Board; and
WHEREAS, on July 7, 2016, the Southold Town Fire Inspector reviewed and
determined that there was adequate fire protection and emergency access for the site;
and
WHEREAS, on July 8, 2016, the Southold Town Engineer reviewed the application and
required revisions to the Site Plan in order to meet the minimum requirements of
Chapter 236 for Storm Water Management; and
WHEREAS, on July 11, 2016, the Architectural Review Committee (ARC) approved the
proposed action as submitted; and
WHEREAS, on July 11, 2016, the Southold Town Planning Board, as Lead Agency
pursuant to SEQRA, made a determination of non-significance for the proposed action
and granted a Negative Declaration; and
WHEREAS, at a Work Session on August 10, 2016, the Planning Board reviewed
comments from the Public Hearing, referral responses and staff analysis for the
proposed application and required revisions to the Site Plan and additional information
including the relocation of the proposed driveway and curb cut to NYS Route 25; and
WHEREAS, on October 19, 2016, Michael Kimack, authorized agent, submitted revised
Site Plans and additional information as required; and
WHEREAS, on October 25, 2016, the Planning Board, pursuant to Southold Town Code
§280-131 C., distributed the revised application to the Cutchogue Fire District, NYSDOT
and Town Engineer for their comments; and
WHEREAS, on December 14, 2016, the Southold Town Engineer reviewed the
application and required revisions to the Site Plan in order to meet the minimum
requirements of Chapter 236 for Storm Water Management; and
Southold Town Planning Board Page 118 January 8, 2018
WHEREAS, on December 22, 2016, the Planning Board reviewed comments from
referral responses and staff analysis for the proposed application and required revisions
to the Site Plan and additional information; and
WHEREAS, on February 14, 2017, Planning Department staff coordinated with the
applicant to provide certain revisions to the Site Plan as required by the Planning Board;
and
WHEREAS, on April 4, 2017, Michael Kimack, authorized agent, submitted revised Site
Plans and additional information as required; and
WHEREAS, on April 11, 2017, the Planning Board determined to re-open the Public
Hearing in light of 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 found that a
hearing on the revised plan was necessary to provide adjacent neighbors and the
general public the opportunity to comment on these changes; and
WHEREAS, on May 8, 2017 the re-opened Public Hearing was held and closed for the
revised Site Plan application; and
WHEREAS, on May 18, 2017, the Planning Board sent a request for a use certification
to the building department for the proposed action; and
WHEREAS, on May 25, 2017, the revised application was referred to the Cutchogue
Fire District and Town Engineer for their review and comments; and
WHEREAS, on May 31, 2017, the Southold Town Engineer reviewed the proposed
application and determined revisions were required in order to meet the minimum
requirements of Chapter 236 for Storm Water Management; and
WHEREAS, on May 31, 2017, the Chief Building Inspector provided comments
regarding the request for a use certification and stated that the subject application was
not ready for certification due to an expired notice of disapproval that required multiple
area variances to be obtained from the ZBA; and
WHEREAS, on June 6, 2017, the Cutchogue Fire District reviewed the proposed action
and determined that there was adequate access and fire protection for the subject
parcel; and
WHEREAS, on November 22, 2017; the ZBA granted the variances as requested
pursuant to file#7098 with two conditions: (1) The subject structure may not be
Southold Town Planning Board Page 119 January 8, 2018
demolished pursuant to the provisions in Section 280-4 definitions which prohibits
reconstruction of a structure or portion thereof that exceeds 50% of the market value of
the existing structure before the start of removal; and (2) The proposed use must obtain
site plan approval from the Southold Town Planning Board. Failure to do so will render
the variances granted herein null and void; and
WHEREAS, on December 18, 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 January 5, 2018, the Southold Town Chief Building Inspector reviewed
and certified the propose single family dwelling with business office as a permitted use
in the Limited Business (LB) Zoning District pursuant to ZBA file #7098; be it therefore
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.
James H. Rich III: Second.
Chairman Wilcenski: Motion made by Pierce, seconded by Jim. 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 Approval With
Conditions, listed below, of the site plan shown on the survey for SCTM#1000-97.-3-2,
prepared by John T. Metzger, LLS, dated November 1, 2012 and last revised March 1,
2017, and authorizes the Chairman to endorse the site plan after Condition "1" below is
met.
Conditions
1. Prior to the Chairman endorsing the site plans, the following must be completed:
a. Obtain a Highway Work Permit from the New York State Department of
Transportation (NYSDOT) and provide a print of the permit to the Planning
Board;
Southold Town Planning Board Page 120 January 8, 2018
2. All work/commercial vehicles and trailers are to be located in the rear of the
property, no commercial vehicles/trailers are permitted to park in front of the
building;
3. Maintain the double row of 6' high evergreens, 10' on center, along the west
property line and a single row of 6' high evergreens, 5' on center, along the
length of the garage;
4. Maintain the boxwood hedge to screen the front parking area;
5. All required plantings shown on the site plan must be replaced in kind if they die
or are removed for any reason;
6. The existing storage garage may be used only for residential storage or for
commercial storage of non-hazardous and/or nontoxic products;
7. This approval is for the administrative office for a service business for the
purpose of scheduling, billing and routing of two service vans and technicians;
8. The design and capacity of the site is for three (3) employees and two (2) work
vans;
9. Business hours are generally 7am — 5pm and occasional Saturdays 9am —
12pm;
10.The site has not been designed for public access of any kind. Employees only;
11.Any changes to the above conditions require an amended Site Plan application
and approval by the Planning Board.
James H. Rich III: Second.
Chairman Wilcenski: Motion made by Pierce, seconded by Jim. Any discussion? All in
favor?
Ayes.
Opposed?
None.
Motion carries.
Southold Town Planning Board Page 121 January 8, 2018
PUBLIC HEARINGS
POSTPONED
Chairman Wilcenski: Due to the need to move tonight's meeting to a new location, the
Public Hearing for the Ovsianik Lot Line Modification will be postponed to the January
22, 2018 meeting, the hearing will be held at 5:00 p.m. We need a motion to postpone
the Public Hearing.
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.
6:01 p.m. — Ovsianik, Allen —This proposed Lot Line Modification transfers 0.4 acres
from SCTM#1000-97-2-16.5 to SCTM#1000-97-2-15. Lot 15 will increase in size from
0.3 acres to 0.7 acres and Lot 16.5 will decrease from 1.5 acres to 1.1 acres located in
the R-80 and B Zones. The Property is located at 225 Eugenes Rd., Cutchogue.
SCTM#1000-97-2-15 & 16.5
APPROVAL OF PLANNING BOARD MINUTES
Chairman Wilcenski: We need a motion to approve the Planning Board minutes from:
• 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?
Southold Town Planning Board Page 122 January 8, 2018
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
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