HomeMy WebLinkAboutPB-02/05/2018 OFFICE LOCATION: MAILING ADDRESS:
Town Hall Annex ��OF so P.O.P.O. Box 1179
54375 State Route 25 Q l0 Southold, NY 11971
(cor. Main Rd..&Youngs Ave.)
Southold,NY Telephone: 631 765-1938
N �e www.southoldtovmny.gov
G • iQ
UMY,
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
PUBLIC MEETING
MINUTES RECEIVED
February 5, 2018 A'PR - 9 2018y��uc.�
6:00 p.m. •
So thold Town Clerk
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: Good afternoon and welcome to the February 5, 2018 Planning
Board meeting. The first order of business is for the Board to set Monday, March 12,
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 ' g 2 February 5, 2018
SUBDIVISIONS
Re-Issue Final Plat Determinations:
Chairman Wilcenski: Kru ski & Zachariadis — This proposed Lot Line Change will
transfer 0.62 acres from SCTM#1 000-1 03-5-5/SCTM#1 000-97-8-31.2 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
Pierce Raffert
WHEREAS, this proposed Lot Line Modification involves the transfer of a 0.62 acre, 50
foot wide right of way from the Krupski parcel consisting of two tax parcels,
SCTM#1000-103-5-5 and SCTM#1000-97-8-31.2 to the parcel owned by Zachariadis,
SCTM#1000-103.-5-1. The area to be transferred is entirely located within
SCTM#1000-103-5-5, which was created when this area was excluded from the
development rights sale on the adjacent farmland. Lot 1 will increase in size from
19,057 sq. ft. to 46,153 sq. ft. and will be split-zoned R-40 and R-80. A ZBA Variance
was granted, #7102; and
WHEREAS, the purpose of the Lot Line Modification 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 April 18, 2016, a Lot Line Modification Application was submitted; and
WHEREAS, the property card for Zachariadis shows the sale of a .438 acre
(SCTM#1000-103-5-1, now Andruski) lot to Dubner-Tagney in 1972 with the same
acreage as exists today; and
WHEREAS, the applicant submitted an Electric Easement dated April 16, 1973 that
established a 10' wide easement area running on the north boundary of the entire
length of the 50' wide right of way for the purpose of installing utility poles, mains and
equipment. The easement was granted by the landowner at the time known as Zeneski;
and
WHEREAS, site inspection revealed that utility poles occupy the Electric Easement;
and
WHEREAS, on January 19, 2017, the Zoning Board of Appeals granted a Variance for
lot area for SCTM#1000-103-5-1 (File Number 7012) with the following conditions:
1. Approval of the Southold Planning Board is required;
Southold Town Planning Board Page 13 February 5, 2018
2. Access rights by the two residential parcels to the East shall be preserved
through the creation of an access easement.
WHEREAS, the subject area proposed to be transferred is a right of way and no
Certificates of Occupancy are required; 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 April 10, 2017 the Southold Town Planning Board, pursuant to SEQRA,
granted a Negative Declaration for the action; and
WHEREAS, on April 10, 2017, the Planning Board held and 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 Modification that would
adversely affect the character of the neighborhood.; 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, 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; and
WHEREAS, the access easement language included within the draft deeds has been
reviewed by the Town Attorney and it was determined that the language upholds the
right of access over the 50 ' wide right of way for SCTM#1000-103-5-2.5 and
SCTM#1000-103-5-2.4; and
Southold Town Planning Board P a g e 14 February 5, 2018
WHEREAS, the language satisfies condition 2 of the Zoning Board of Appeals decision;
and
WHEREAS, on November 8, 2018 , the Planning Board issued Final Approval for this
Lot Line Modification with a condition that required a recorded deed be submitted to the
Planning Department with 62 days of the date of approval; and
WHEREAS, the 62 day timeframe ended on January 10, 2018 and the approval is now
null and void; and
WHEREAS, on January 4, 2018, the agent for the application submitted a letter
explaining the reason for missing the deadline being that they had difficulties in
coordinating the parties to sign the new deed; and
WHEREAS, the Planning Board has agreed to re-issue the Final Approval as follows;
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.
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 waives the requirement for
Suffolk County Department of Health Services approval prior to Planning Board
approval of this Lot Line Modification.
James H. Rich III: Second,
Chairman Wilcenski: Motion made by Pierce, seconded by Jim. Any discussion? All in
favor?
Ayes,
Southold Town Planning Board �j res � 5 February 5, 2018
Opposed?
None.
Motion carries.
Pierce Raffert : And be it further
RESOLVED, that the Southold Town Planning Board grants Final Approval with
Conditions on the maps entitled "Lot Line Change 1000-103-5-1 and 1000-103-5-5
dated September 19, 2016 and prepared by John C Ehlers Land Surveyor " with the
following condition:
1. Submit a copy of the recorded deed showing the change in lot lines to the
Southold Town Planning Department within 62 days of the date of Final
Approval or such approval shall expire and be null and void.
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: 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
James H. Rich III:
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 16 February 5, 2018
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
(as amended):
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
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 March 13, 2017, the Southold Town Planning Board granted
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; and
WHEREAS, at their work session on June 26, 2017, the Preliminary Plat application
was found complete; and
WHEREAS, on July 10, 2017, the proposed action was classified as an Unlisted Action
under SEQR and the Public Hearing was set for August 14, 2017; and
WHEREAS, on July 18, 2017, referrals were sent out to all applicable agencies and
SEQRA Lead Agency was coordinated; and
WHEREAS, on August 2, 2017, the New York State Department of Environmental
Conservation responded to the referral request; and
WHEREAS, on August 7, 2017, the Cutchogue Fire District responded to the referral
request; and
WHEREAS, on August 14, 2017, the Preliminary Plat Public Hearing was held and
closed; and
WHEREAS, on August 16, 2017, the Suffolk County Planning Commission found the
application to be a matter for local determination; and
WHEREAS, on August 22, 2017, the Office of the Town Engineer responded to the
referral request; and
Southold Town Planning Board Page 17 February 5, 2018
WHEREAS, on August 24, 2017, the Suffolk County Water Authority responded to the
referral request; and
WHEREAS, at their work session on September 11, 2017, the Planning Board found
that pursuant to Chapter 240-53 G, the proposed subdivision plat presents a proper
case for requiring a park for recreational purposes, however a suitable park cannot be
properly located on such subdivision, and a fee of $7,000 is required in lieu thereof,;
and
WHEREAS, on October 17, 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
WHERES, on October 17, 2017, the Southold Town Planning Board granted
Conditional Preliminary Plat Approval upon the map entitled "Preliminary Map of East
Creek Esatates", dated July 27, 2015 and last revised June 1, 2017, prepared by
Nathan Taft Corwin III, Land Surveyor; and
WHEREAS, at their Work Session on October 30, 2017, the Planning Board accepted
the draft Covenants and Restrictions; and
WHEREAS, pursuant to §240-32 Performance bond, a performance bond based upon
the Town Engineering Office's estimate of the total cost of the required capital
improvements; and
WHEREAS, the application did not present a proper case to require a performance
guarantee, as no road clearing or drainage improvements were proposed, and
boundary monuments were installed on the property; and
WHEREAS, at their Work Session on November 14, 2017, Planning Board accepted
nine existing trees on site to fulfill the requirement for street trees; and
WHEREAS, on January 8, 2018, the applicant submitted a Final Plat application and a
request for a waiver of the Final Plat Hearing; and
WHEREAS, at their Work Session on January 22, 2018, the Planning Board found the
Final Plat Application complete; and
WHEREAS, pursuant to §240-24 Action on final plats which are in substantial
agreement with approved preliminary plats, the Planning Board has the ability to waive
the requirement of a Final hearing; and
WHEREAS, at their Work Session on January 22, 2018, the Planning Board found that
the changes between the approved Preliminary Plat and the submitted Final Plat are
minor, and the Final Plat is in substantial agreement with the approved Preliminary Plat;
therefore be it
Southold Town Planning Board Pa ge 18 February 5, 2018
RESOLVED, that the Southold Town Planning Board waives the Public Hearing on the
Final Plat pursuant to §240-24 Action on final plats which are in substantial agreement
with approved preliminary plats.
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 Plat
Approval upon the map entitled, "Final Plat for East Creek Estates" dated July 25,
2015 and last revised January 7, 2018, prepared by Nathan Taft Corwin III, Land
Surveyor with the following conditions;
1. Obtain approval from the Suffolk County Department of Health Services;
2. File the following with the Suffolk County Clerk's Office and submit proof of
filing to the Planning Board;
a. Covenants and Restrictions as approved by the Planning Board;
b. Common Driveway Easement;
3. Submit 12 paper copies and 4 Mylars of the Final Plat including the stamp of
approval from the SCDHS;
4. Provide an Administration Fee in the amount of $4,000 pursuant to Southold
Town Code §240-37;
5. Provide a Park & Playground fee of $7,000, pursuant to §240-53 G of the
Southold Town Code.
Martin Sidor: Second,
Chairman Wilcenski: Motion made by Jim, seconded by Martin. Any discussion? All in
favor?
Southold Town Planning Board i-' ':i u e 19 February 5, 2018
Ayes.
Opposed?
None.
Motion carries.
SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT
SEQRA Type Classifications/ Set Hearing:
Chairman Wilcenski: Pindar Storage Building —This Agricultural Site Plan is for the
proposed relocation and construction of a 1-story 3,259 sq. ft. building for agricultural
equipment storage and no basement, located on 70.4 acres in the AC Zoning District
where there is 7,151 sq. ft. of existing buildings. The property is located at 39935 Route
25, in Peconic. SCTM#1000-85-2-9.2
Chairman Wilcenski: Please note that Vice-Chairman James H. Rich III is recusing
himself from this application.
Martin Sidor:
WHEREAS, this Agricultural Site Plan is for the proposed relocation and construction of
a 1-story 3,259 sq. ft. building for agricultural equipment storage and no basement,
located on 70.4 acres in the AC Zoning District, where there is 7,151 sq. ft. of existing
buildings; and
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 1-story 3,259 sq. ft. building for agricultural equipment storage and no
basement; be it therefore
RESOLVED, that the Southold Town Planning Board has determined that this proposed
action is a Type II Action under SEQRA as described above.
Pierce Rgfferty: Second.
Chairman Wilcenski: Motion made by Marty, seconded by Pierce. Any discussion? All
in favor?
Ayes.
Southold Town Planning Board P a g e 110 February 5, 2018
Opposed?
None.
Motion carries.
Martin Sidor: And be it further
RESOLVED, that the Southold Town Planning Board sets Monday, March 12, 2018 at
6:01 p.m. for a Public Hearing regarding the Site Plan entitled "Relocated Steel
Storage Building for Pindar Vineyards", prepared by Charles W. Southard R.A., dated
October 19, 2017.
Pierce Rafferty: Second.
Chairman Wilcenski_ Motion made by Marty, seconded by Pierce. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Motion carries.
SITE PLANS
Determinations:
Chairman Wilcenski: Front Street Professional Office — This proposed site plan
application is to demolish an existing two story dwelling and construct a 1-story 2,902
sq. ft. building for a professional office with a 2,902 sq. ft. basement for related storage,
a 744 sq. ft. garage for accessory storage, and 16 parking stalls on 0.8 acres in the
Residential Office (RO) Zoning District. The property is located at 75795 Route 25,
Greenport. SCTM#1000-45-7-5.3
Pierce Raffert :
WHEREAS, this proposed Site Plan Application is to demolish an existing two story
dwelling and construct a 1-story 2,902 sq. ft. building for a professional office with a
2,902 sq. ft. basement for related storage, a 744 sq. ft. garage for accessory storage,
and 16 parking stalls on 0.8 acres in the Residential Office (RO) Zoning District. The
property is located at 75795 Route 25, Greenport; and
Southold Town Planning Board P a g e 111 February 5, 2018
WHEREAS, on June 9, 2017, Charles Southard, authorized agent, submitted a Site
Plan Application for review; and
WHEREAS, on June 26, 2017, the Planning Board found the application incomplete for
review and required revisions and additional information; and
WHEREAS, on July 5, 2017, Charles Southard, authorized agent, submitted the
required materials for review; and
WHEREAS, on July 24, 2017, the Planning Board formally accepted the Site Plan
Application as complete for review with revisions to be made immediately; and
WHEREAS, on August 1, 2017, Charles Southard, authorized agent, submitted a
portion of the required materials for review; and
WHEREAS, on August 9, 2017, Charles Southard, authorized agent, submitted a
portion of the required materials for review; and
WHEREAS, on August 14, 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, on August 28, 2017, 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
WHEREAS, on September 6, 2017, the Southold Town Fire Inspector reviewed and
determined that there was adequate fire protection and emergency access for the site;
and
WHEREAS, on September 11, 2017, a Public Hearing was held and closed; and
WHEREAS, on September 19, 2017 the Suffolk County Planning Commission (SCPC)
determined the proposed action as a local determination; and
WHEREAS, on September 22, 2017, the Greenport Fire District determined there was
adequate fire protection for the site; and
WHEREAS, on September 22, 2017, the Architectural Review Committee (ARC)
approved the proposed action as submitted; and
WHEREAS, on October 27, 2017, 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
Southold Town Planning Board P a g e 112 February 5, 2018
WHEREAS, on November 6, 2017, 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 November 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, at a Work Session on November 6, 2017, 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;
and
WHEREAS, on January 5, 2018, Charles Southard, authorized agent, submitted
revised Site Plans and additional information as required; and
WHEREAS, on January 5, 2018, the Suffolk County Department of Health Services
(SCDHS) granted approval C10-17-0008 for a "non-medical office space and storage
garage" @ 203.88gpd; and
WHEREAS, on January 22, 2018, 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 25, 2018, the Planning Board sent a request for a use
certification to the building department for the proposed action; and
WHEREAS, on February 1, 2018, the Southold Town Chief Building Inspector reviewed
and certified the proposed professional office as a permitted use in the Residential
Office (RO) Zoning District; 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.
Martin Sidor: Second,
Chairman Wilcenski: Motion made by Pierce, seconded by Marty. Any discussion? All
in favor?
Ayes.
Opposed?
None.
Southold Town Planning Board P a g e 113 February 5, 2018
Motion carries..
Pierce Raffrt : 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 site plan entitled "820 Front
Street LLC", prepared by Charles W. Southard, R.A., dated May 17, 2017 and last
revised January 23, 2018, and authorizes the Chairman to endorse the site plan.
Conditions
1. The garage and basement are for accessory storage to the office use only
and any other use of these areas will require an amended site plan
application;
2. A truck apron shall be implemented for the construction period with a
landscape fabric bottom then larger stone on top, for protection of the
sidewalk and existing apron ramp;
3. Before the support of an issuance of a Certificate of Occupancy (CO) by the
Planning Board, the sidewalks and driveway apron shall be inspected for
any damage and repaired if necessary.
Martin Sidor: Second.
Chairman Wilcenski: Motion made by Pierce, seconded by Marty. 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:
• January 8, 2018
• January 22, 2018
James H. Rich III: So moved.
Southold Town Planning Board P a g n 114 February 5, 2018
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,
mm...... - _ .. ---_ w.. ..... .,.'
Jessica Michaelis
Transcribing Secretary
. Donald
J. Wilcenski, Chairman
RECEIVED
AR 9 2018
o held Trawn clerk