Loading...
HomeMy WebLinkAboutPB-04/09/2018 OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex ��®� ®�f�® P.O.Box 1179 54375 State Route 25 �® I® Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold,NY `zs' r' Telephone: 631 765-1938 www.southoldtownny.gov C®U ,� PLANNING BOARD OFFICE TOWN OF SOUTHOLD PtECEIVED PUBLIC MEETING MINUTES JAN - 9 219 e��:u� a ", April 2018 -s® h old TownLlerk - -- p 6:00 p.m. Present were: Donald J. Wilcenski, Chairman James H. Rich III, Vice-Chairman Martin Sidor, Member Pierce Rafferty, Member Mark Terry, Assistant Planning Director Brian Cummings, Planner Jessica Michaelis, Clerk Typist SETTING OF THE NEXT PLANNING BOARD MEETING Chairman Wilcenski: Good afternoon and welcome to the April 9, 2018 Planning Board meeting. The first order of business is for the Board to set Monday, May 7, 2018 at 6:00 p.m. at the Southold Town Hall, Main Road, Southold, as the time and place for the next regularPlanning Board Meeting. 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. Southold Town Planning Board Page 12 April 9, 2018 SUBDIVISIONS - STATE ENVIRONMENTAL QUALITY REVIEW ACT (SEQRA) SEQRA Determinations: Chairman Wilcenski: Ovsianik, Allen —This proposed Resubdivision 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 Pierce Rafferty: WHEREAS, this re-subdivision proposes to transfer approximately 0.4 acres from SCTM#1000-97-2-16.5 to SCTM#1000-97-2-15. The reason for this re-subdivision is to rectify an existing building, Eastern Tire, built and currently located over a property boundary. The existing building was issued a Certificate of Occupancy on July 6, 1988. WHEREAS, on March 13, 2015, the applicant submitted an application for re- subdivision; and WHEREAS, on March 23, 2015, the Southold Town Planning Board found the application incomplete and required the applicant to apply to the Zoning Board of Appeal (ZBA) for relief of the proposed undersized lot; and WHEREAS, on June 15, 2015, the applicant submitted additional materials; and WHEREAS, November 28, 2016, the Southold Town Planning Board receive a requested for comment from the ZBA; and WHEREAS, on December 6 2016, Planning staff required additional information from the applicant in order to respond to the ZBA; and WHEREAS, the Southold Town Planning Board responded to the ZBA with their comments; and WHEREAS, on January 25, 2017, the ZBA granted an area variance on the application in File #7017; and WHEREAS, on June 26, 2017, the re-subdivision application was found incomplete; and WHEREAS, on August 22, 2017, Planning staff provided the applicant with a draft of the covenants and restrictions; and WHEREAS, on November 15, 2017, the applicant submitted a revised map; and Southold Town Planning Board Page 13 April 9, 2018 WHEREAS, on November 30, 2017, the Southold Town Planning Board found the application incomplete and required materials; and WHEREAS, on November 30, 2017, the application was referred to the Suffolk County Planning Commission for review; and WHEREAS, on December 19, 2017, the Southold Town Planning Board found the application complete and set the Public Hearing for January 8, 2018; and WHEREAS, on January 3, 2018, the Suffolk County Planning Commission responded without comment; and WHEREAS, on January 8, 2018, the Public Hearing was postponed to January 22, 2018 due to an emergency closure of the Town Hall; and WHEREAS, on January 22, 2018, the Public Hearing was held,and closed; 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 Southold Town Planning Board has determined that it is eligible for a waiver of the ERSAP, the Primary and Secondary Conservation Area Plan, the Public Hearing, and the Sketch Plan 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 re-subdivision that would affect the character of the neighborhood; 3. This re-subdivision will correct the current situation which has a building located on two parcels; and WHEREAS, the Southold Town 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 (Re-subdivision) Policy set by the Southold Town Planning Board in February 2011, this application is eligible for decision from the Southold Town 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: • The transfer of land from an over-sized parcel (larger than the minimum zoning requires) where the over-sized parcel remains above the minimum lot size required, and where no new development potential will be created in the parcel to which the land is transferred; and Southold Town Planning Board Page 14 April 9, 2018 WHEREAS, the Southold Town Planning Board has determined that the proposed action meets all the necessary requirements of Town Code §240 for a Lot Line Modification; be it therefore, RESOLVED, that the Southold Town Planning Board, pursuant to SEQRA, hereby makes a determination of non-significance for the proposed Re-subdivision and grants a Negative Declaration. 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 grants Conditional Final Approval on the map entitled "Boundary Line Alteration prepared for Allen Ovsianik", dated July 19, 2010, prepared by John C. Ehlers, Land Surveyor, last revised November 30, 2017, with the following conditions: 1. Install concrete monuments at the two southern corners of the new property line to satisfy the requirements of§240-21 Technical Requirements and §161-3 Final plans; 2. Plant the 10' x 150' vegetated buffer with 2 staggered rows of Norway spruce at least 6' tall and planted 10' on center, or provide a performance guarantee in an amount equal to the cost to provide this planting; 3. File covenants and restrictions, as approved by the Planning Board, with the Office of the Suffolk County Clerk, and provide proof of filing to this office; 4. All conditions above must be met, and a Final Approval resolution completed by the Planning Board at a subsequent Planning Board public meetingrp for to the deeds being filed. 5. Include the following notations on the Final map: Southold Town Planning Board Page 16 April 9, 2018 • Additional improvements to the property, including additional parking beyond that existing at the time of this approval, and/or building additions, require site plan approval by the Planning Board; • Maintain the buffers as shown; • Liber and page of filed covenants and restrictions. James H. Rich III: Second. Chairman Wilcenski: Motion made by Pierce, seconded by Jim. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. SUBDIVISIONS Conditional Preliminary Plat Extensions: Chairman Wilcenski: Koehler Family Limited Partnership - This proposal is a Clustered Standard Subdivision of a 14.94 acre parcel into seven lots where Lot 1 equals 0.80 acres; Lot 2 equals 0.90 acres inclusive of 0.08 acres of unbuildable lands; Lot 3 equals 1.11 acres inclusive of 0.14 acres of unbuildable lands and .07 acres of easement area; Lot 4 equals 0.70 acres; Lot 5 equals 0.66 acres; Lot 6 equals 0.70 acres; Lot 7 equals 9.51 acres inclusive of 8.72 acre area of Open Space and a .05 right of way easement; located in the R-80 Zoning District. The property is located at 4180 New Suffolk Avenue, on the corner of Marratooka Road and New Suffolk Avenue, in Mattituck. SCTM#1000-115-10-1 James H. Rich III: WHEREAS, this proposal is for a Clustered Standard Subdivision of a 14.94 acre parcel into seven lots where Lot 1 equals 0.80 acres; Lot 2 equals 0.90 acres inclusive of 0.08 acres of unbuildable lands; Lot 3 equals 1.11 acres inclusive of 0.14 acres of unbuildable lands and .07 acres of easement area; Lot 4 equals 0.70 acres; Lot 5 equals 0.66 acres; Lot 6 equals 0.70 acres; Lot 7 equals 9.51 acres inclusive of 8.72 acre area of Open Space and a .05 right of way easement; located in the R-80 Zoning District; and WHEREAS, on August 14, 2017 the Southold Town Planning Board granted Conditional Preliminary Plat Approval upon the map entitled "Preliminary Plat Koehler S Southold Town Planning Board Page 16 April 9, 2018 Family Limited Partnership", dated June 30, 2014 and last revised April 15, 2017, prepared by Kenneth M. Woychuk Land Surveying, PLLC with 10 conditions; and WHEREAS, on February 14, 2018, the Conditional Preliminary Plat Approval expired; and WHEREAS, on March 27, 2018 the applicants' agent submitted a request to retroactively extend Conditional Preliminary Plat Approval for an unspecified period of time; therefore be it RESOLVED, that the Southold Town Planning Board hereby grants a retroactive 180- day extension of the Conditional Preliminary Plat Approval granted on August 14, 2017 upon the map entitled "Preliminary Plat Koehler Family Limited Partnership" dated June 30, 2014 and last revised April 15, 2017, prepared by Kenneth M. Woychuk Land Surveying, PLLC. Martin Sidor: Second. Chairman Wilcenski: Motion made by Jim, seconded by Martin. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. Conditional Final Plat Determination: Ovsianik, Allen — SCTM#1000-97-2-15 & 16.5 Final Plat Determination: 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 Southold Town Planning Board Page 17 April 9, 2018 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 WHEREAS, on September 12, 2016, the Planning Board found the Sketch Plan incomplete and required the applicant to apply to the Zoning Board of Appeals for relief of the lot width requirements set forth in the Bulk Schedule; 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 (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 upon the application; and WHEREAS, on January 31, 2017, the applicant submitted a Preliminary Plat application; and WHEREAS, at the Work Session on June 26, 2017, the Southold Town Planning Board found the Preliminary Plat application complete; and WHEREAS, on July 10, 2017, the proposed action was classified as an Unlisted Action under SEQRA 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 Southold Town Planning Board Page 18 April 9, 2018 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 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 Southold Town 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, at their Work Session on September 11, 2017, the Southold Town Planning Board reviewed all referrals from involved and interested agencies and accepted the comments of the New York State Department of Environmental Conservation and the Local Waterfront Revitalization Program; 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 WHEREAS, on October 17, 2017, the Southold Town Planning Board granted Conditional Preliminary Plat Approval upon the application; and WHEREAS, at their Work Session on November 11, 2017, the Southold Town Planning Board found 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, 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 Southold Town Planning Board found the Final Plat Application complete, and agreed to waive the Final Plat Hearing; and WHEREAS, on February 5, 2018, the Southold Town Planning Board granted Conditional Final Plat Approval upon the application; and WHEREAS, on March 20, 2018, the applicant submitted copies of the Declaration of Covenants and Restrictions, Liber D00012953 and Page 114, and Driveway Access and Maintenance Easement, Liber D00012953 and Page 113, filed with the Office of the Suffolk County Clerk; and Southold Town Planning Board Page 19 April 9, 2018 WHEREAS, on March 26, 2018, the Southold Town Planning Board, at their Work Session, reviewed the submitted documents and found that all conditions of the Conditional Final Plat Approval were met and that all requirements of Final Plat pursuant to §240-21 Technical Requirements have been met; be it therefore RESOLVED, that the Southold Town Planning Board grants Final Plat Approval upon the map entitled, "Final Plat for East Creek Estates" dated July 25, 2015 and last revised February 13, 2018, prepared by Nathan Taft Corwin III, Land Surveyor, and authorizes the Chairman to endorse the map. James H. Rich III: Second. Chairman Wilcenski: Motion made by Martin, seconded by Jim. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. Re-issuance of Final Plat Determination: Chairman Wilcenski: Noone, Margaret—This proposal is for a 2-lot Standard Subdivision of a 21,016 sq. ft. parcel where Lot 1 = 10,501 sq. ft. and Lot 2 = 10,515 sq. ft. in the R-40 & B Zoning Districts. The property is located at 210 Sigsbee Road, on the west side of Sigsbee Road, 164' south of Main Road, in Mattituck. SCTM#1000-143-1- 4.1 Martin Sidor: WHEREAS, this proposal is for a standard 2-lot subdivision of a 21,000 sq. ft. parcel where Lot 1 = 10,501 sq. ft. and Lot 2 = 10,500 sq. ft. in the R-40 & B Zoning Districts; and WHEREAS, on January 23, 2018, the Southold Town Planning Board granted Final Plat Approval upon the map entitled "Standard Subdivision Final Plat Prepared for Margaret A. & Thomas E. Noone" dated March 27, 2009 and last revised April 27, 2017, prepared by Nathan Taft Corwin III, Land Surveyor, and authorizes the Chairman to endorse the map; and WHEREAS, on March 25, 2018, the 62 day period to file the map with the Suffolk County Clerk's Office expired; therefore be it Southold Town Planning Board Page 110 April 9, 2018 RESOLVED, that the Southold Town Planning Board grants Final Plat Approval upon the map entitled "Standard Subdivision Final Plat Prepared for Margaret A. & Thomas E. Noone" dated March 27, 2009 and last revised April 27, 2017, prepared by Nathan Taft Corwin III, Land Surveyor, and authorizes the Chairman to endorse the map. James H. Rich III: Second. Chairman Wilcenski: Motion made by Martin, seconded by Jim. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT SEQRA Type Classifications/Set Hearings: Chairman Wilcenski: Vineyard View—This proposed Residential Site Plan is for a 50 unit workforce rental housing development including 14 one-bedroom units, 22 two- bedroom units and 14 three-bedroom units, a 2,649 sq. ft. community center, 111 parking spaces of which 97 are associated with the dwelling units, 7 are associated with the community center and 7 are land banked; and various other associated site improvements, on a vacant 17.19-acre parcel of which 10 acres will be preserved as open space (6.3 acres upland and 3.7 acres wetlands), in the Hamlet Density (HD) Zoning District. The property is located at 62600 CR 48, ±1,600' n/e/o Chapel Lane and County Route 48, Greenport. SCTM#1000-40-3-1 Pierce Rafferty: WHEREAS, this proposed Residential Site Plan is for a 50 unit workforce rental housing development including 14 one-bedroom units, 22 two-bedroom units and 14 three-bedroom units, a 2,649 sq. ft. community center, 111 parking spaces of which 97 are associated with the dwelling units, 7 are associated with the community center and 7 are land banked; and various other associated site improvements, on a vacant 17.19- acre parcel of which 10 acres will be preserved as open space (6.3 acres upland and 3.7 acres wetlands), in the Hamlet Density (HD) Zoning District. The property is located at 62600 CR 48, ±1,600' n/e/o Chapel Lane and County Route 48, Greenport; and WHEREAS, the Southold Town Planning Board, pursuant to State Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617, has determined that the proposed Southold Town Planning Board Page 111 April 9, 2018 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 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 sets Monday, May 7, 2018 at 6:02 p.m. for a Preliminary Public Hearing regarding the Residential Site Plan entitled "Vineyard View" prepared by Raymond G. DiBiase, P.E., dated February 23, 2018 and last revised March 5, 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 Chairman Wilcenski: Sparkling Pointe Warehouse —This Amended Site Plan is for the proposed construction of a 1-story 3,196 sq. ft. building for warehouse storage, no basement and 12 parking stalls including 6 land banked where there exists a 5,808 sq. ft. building all on a 1.02 acre parcel in the Light Industrial Zoning District. The property is located at 1270 CR 48, Southold. SCTM#1000-69-3-3 Southold Town Planning Board Page 112 April 9, 2018 James H. Rich III: WHEREAS, this amended site plan is for the proposed construction of a 1-story 3,196 sq. ft. building for warehouse storage, no basement and 12 parking stalls including 6 land banked where there exists a 5,808 sq. ft. building all on a 1.02 acre parcel in the Light Industrial Zoning District, Southold; 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)(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. The action is for the construction of a 34' x 94' (3,196 sq. ft.) warehouse storage building (not open to the public); 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: RESOLVED, that the Southold Town Planning Board sets Monday, May 7, 2018 at 6:01 p.m. for a Public Hearing regarding the Amended Site Plan entitled "Proposed Warehouse Building Sparkling Pointe Winery" prepared by Robert J. Gruber, R.A. dated December 21, 2017. Martin Sidor: Second. Chairman Wilcenski: Motion made by Jim, seconded by Martin. Any discussion? All in favor? Ayes. Southold Town Planning Board Page 113 April 9, 2018 Opposed? None. Motion carries PUBLIC HEARINGS Chairman Wilcenski: 6:01 p.m. — Purita Wine Production Building Amended —This Amended Site Plan application is for the proposed construction of a 40' x 89'2"' (3,566 sq. ft.) addition to an existing 101' 4" x 89'2"' (9,129 sq. ft.) wine production building to expand the current uses of'wine production and storage (not open to the public) totaling 12,695 sq. ft. on a 4.48 acre parcel (SCTM#1000-51-3-5) with an existing single family dwelling and nine (9) parking spaces. The subject parcel is to be merged to ±21.6 acres of farmland (SCTM#1000-51.-3-4.14) with Development Rights held by Suffolk County in the AC Zoning District, Southold. The property is located at 5415 Old North Rd., Southold. SCTM#1000-51'-3-5.1, 4.12, 4.13 & 4.14 Chairman Wilcenski: At this time the Purita Wine Production Building Amended Site Plan Public hearing is being postponed until next month because it was not noticed properly. We need a motion to postpone the hearing. 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 Chairman Wilcenski: 6:02 p.m. — 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 James H. Rich III: I am recusing myself from this project and will leave the room. Southold Town Planning Board Page 114 April 9, 2018 Chairman Wilcenski: At this point if anyone would like to address the Board regarding Pindar Storage Building Site Plan, please step to one of the podiums, state your name, write your name for the record and address your comments to the Board. Anyone? Hearing and seeing none. Martin Sidor: I make a motion to close the hearing. Pierce Rafferty: Second. Chairman Wilcenski: Motion made by Martin, seconded by Pierce. 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: March 12, 2018 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. Chairman Wilcenski: We need a motion for adjournment. James H. Rich III: So moved. Pierce Rafferty: Second. Southold Town Planning Board Page 115 April 9, 2018 Chairman Wilcenski: Motion made by Jim, seconded by Pierce. 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, c._ T Jessica Mic aelis Transcribing Secretary Donald J. Wilcenski, Chairman RECEIVED a , JAN Southold Town Clerk