agenda - monday, january 11, 2021

TOWN OF BROOKHAVEN PLANNING BOARD

ONE INDEPENDENCE HILL, FARMINGVILLE

2nd Floor Auditorium

January 11, 2021 - 4:00 PM

Town of Brookhaven Updated 1/11/2021 9:38 AM

MEETING NOTES:

This meeting will be held virtually. Please visit brookhavenny.gov/join for information for

applicants on how to present and for the public who wish to comment on

applications.

RELIEF OF COVENANT

Advertised 1. Elliot Estates - Lot 2 @ Ridge

Location: 5 Patrick Lane, Ridge

Description: Increase clearing limit from 40% to 52.5%

Tax Map#: 0200 29400 0400 016002

Council District:2

Log#: 2020-024-RC

Area: 32,109sf

Zoning: A-Residential-2

School District:12

Applicant Info: Jeanne Kessel c/o Woodhull Expediting, Inc.

Advertised 2. Land Division of Fairmont Avenue, Lots 1 - 5 @ Medford

Address: 90 Fairmont Avenue, Medford

Description: Removal of all covenants and restrictions

Tax Map#: 0200 60500 0100 024001

Council District: 4

Log#: 2020-023-RC

Area: 11.2 acres

Zoning: A-1 and A-5

School District: Longwood

Applicant Info: Peter Aroniadias, Fairmont LLC, 750 Coates Avenue,

Holbrook NY 11741

MISCELLANEOUS MATTERS

3. McDonald's @ Miller Place

Location: 340 Route 25A, Miller Place

Description: Repair facade due to vehicular damage.

Tax Map#: 0200 11900 0300 020005

Council District: 2

Log#: 2020-0114-CU

Agenda Planning Board January 11, 2021


Area: 1.491 acres

Zoning: J-Business-2

School District: Miller Place UFSD

Applicant Info: Bohler Engineering NY, PLLC, 2929 Expressway

Drive North, Suite 120, Hauppauge, NY 11749

4. Manor Court Subdivision @ Mount Sinai

Location: W/S of Mount Sinai-Coram Road, 123' N/O Plymouth

Avenue, Mount Sinai

Description: The applicant has requested a waiver of the installation of

curb along the frontage of Mount Sinai-Coram Road.

Tax Map#: 0200 18600 0100 048002 - 048012

Council District: 2

Log#: 2017-001-PF

Area: 10.012 acres

Zoning: A Residence 1

School District: Mount Sinai

Applicant Info: Campo Brothers Associates, LLC, 907 Main Street,

Port Jefferson, NY 11777

5. The Meadows @ Yaphank – Shoppes at the Boulevard

Location: W/s William Floyd Pkwy., S/o Yaphank Woods Blvd., Yaphank,

NY

Description: Applicant requests modification of the approved elevations for

color and signage changes to match Walmart’s new design.

Tax Map#: 0200 58400 0200 001005

Council District: 4

Log#: 19SP0012

Area: 86.95 acres

Zoning: PDD

School District: Longwood

Applicant Info: Thomas Perna, Member, Rose Breslin Associates, LLC, One

Executive Blvd., Yonkers, NY 10701

6. Sonic Restaurant @ Shirley Plaza

Location: 800 Montauk Hwy., Shirley, NY

Description: Applicant requests minor modification to dimensions and tilt

angle of approved canopies to accommodate solar panels and minor changes to

parking lot layout under canopy areas.

Tax Map#: 0200 85000 0600 042002

Council District: 4

Log #: 18SP0057

Area: 12.186 acres

Zoning: J2

School District: William Floyd

Applicant Info: Mark Lundy, President, Gould Shirley Real Estate Corp., 60

Cutter Mill Road: Suite 303 Great Neck, NY 11021



7. Crest Nesconset LLC Medical

Location: N/W/c/o NYS Route 347 and William Street

Description: Facade Change from vacant building to two medical

offices

Tax Map#: 0200 16100 0500 042000

Council District: 1

Log#: 2016-0137-CU

Area: 2.0 acres

Zoning: J-2

School District: Comsewogue UFSD

Applicant Info: Jordan Kowalenko, The Crest Group LLC, 1201 State

Route 112, Suite 900, Port Jefferson Station, NY 11776

LAND DIVISION

SEQRA 8. Sunrise Hwy. & Bellport Station Rd. @ Bellport

Location: Sunrise Hwy. & Bellport Station Rd.

Description: 2 lot land division, Lot 1, 1.639 acres (Zoned J5) and Lot 2,

3.228 acres (Zoned J2)

Tax Map#: 0200 92900 0300 038002

Council District: 4

Log#: 2019-007-LD

Area: 3.228 acres

Zoning: J2 & J5

School District: South Country CSD

Applicant Info: Dave Picot, BJ'S Wholesale Club, Inc., 25 Research Drive,

Westborough, MA 1581

SITE PLAN WITH VARIANCES

Advertised and SEQRA 9. BJ'S Gas Station @ Bellport

Location: S/S Sunrise Highway (South Service Road), 290.46' W/O

Bellport Station Road, Bellport

Description: Construction of a 176 SF kiosk building, 6 pump station,

motor vehicle fueling service station (for club use only) and typical

associated improvements.

Tax Map#: 0200 92900 0300 038002

Council District: 4

Log#: 19SP0032

Area: 1.639acres

Zoning: J5

School District: South Country

Applicant Info: Dave Picot, BJ'S Wholesale Club, Inc., 25 Research

Drive, Westborough, MA 01581

Advertised and SEQRA 10. American Regent Expansion @ Shirley



Location: 5 Ramsey Road, Shirley

Description: 14,192 sf addition to existing facility

Tax Map#: 0200 58400 0100 004003

Council District: 6

Log#: 20SP0026

Area: 10.05 acres

Zoning: L-Industrial-1

School District: Longwood CSD

Applicant Info: American Regent Inc, 5 Ramsey Road, Shirley NY

11967

REQUEST TO BE HELD TO UPCOMING DATE BY

APPLICANT

SITE PLAN WITH SPECIAL PERMIT

Advertised and SEQRA 11. Brixmor SPE 4 LP Pad Site @ Port Jeff Station

Location: N/W Side Nesconset Hwy (NYS Rt. 347), S Side Norwood

Ave, 160.47’ E/O Foxrun Ct, Port Jeff Station

Description: Proposed construction of pad site (office and bank with

accessory drive-through) within the parking area of existing Nesconset

Shopping Center, with associated site improvements, involving

variances and special permit for drive-through accessory to bank

Tax Map#: 0200 20500 0600 005000

Council District: 1

Log#: 19SP0018

Area: 11.98 Acres

Zoning: J2

School District: Comsewogue (3)

Applicant Info: Anthony S. Guardino, Esq.

PRELIMINARY SUBDIVISION WITH CLUSTER TREATMENT

Advertised and SEQRA 12. Corinna Court Estates @ Medford

Location: W/S Old Medford Ave, 262.40' S/O Katie Dr., Medford

Description: 13 lot preliminary subdivision using cluster treatment

with 7.37 acre dedication to Town.

Tax Map#: 0200 83700 0200 025000, 0200 83700 0300 002000 &

006000

Council District: 5

Log#: 2017-002-PS

Area: 15 acres

Zoning: A-Residence-1

School District: Patchogue-Medford UFSD

Applicant Info: Corinna Blandeburgo, 25 Cedar Ave, Medford, NY

11763



DECISION CALENDAR

13. Warren Avenue Plaza LLC @ Ronkonkoma

Location: S/W/C of Warren Ave. and Portion Rd, Ronkonkoma

Description: Modification of previously approved facade renovation at

existing shopping center.

Tax Map#: 0200 62400 0300 029000

Council District: 5

Log#: 2019-0138-CU

Area: 1.09 acres


School District: Sachem CSD

Applicant Info: Warren Avenue Plaza, LLC, 15-48 208th Place,

Bayside, NY 11360

14. MD-365 @ Patchogue

Location: 122 South Sunrise Highway Service Road, Patchogue

Description: Change of Use from retail furniture showroom to

medical office

Tax Map#: 0200 97340 0300 007003

Council District: #5

Log#: 2020-093-CU

Area: 4.853 acres


School District: Patchogue-Medford

Applicant Info: Anthony Page, Page Development

Advertised and SEQRA 15. U-Haul Moving and Storage @ East Patchogue

Location: S/W/c Patchogue-Yaphank Road CR 101 & Robinson

Avenue, East Patchogue

Description: Site Plan and Special Use Permit for Mini-Storage

Warehouse Facility and Special Use Permit for accessory overnight

storage of registered vehicles and equipment rentals.

Tax Map#: 0200 97560 0200 014001, 027001

Council District: 05

Log#: 18SP0027

Area: 5.336 acres

Zoning: J-5 Business

School District: 24

Applicant Info: AMERICO REAL ESTATE COMPANY

CARLOS VIZCARRA

1110 LINCOLN AVENUE

HOLBROOK, NY, NY 11741

Relief of Covenant

Map of Elliot Estates @ Ridge, Lot 2

5 Patrick Lane, Ridge, NY

SCTM# 0200-294.00-04.00-016.002

Log# 2020-024-RC

Council District 2

Reviewed by Brooks Surgan

12/3/2020

Attachments

Staff Recommendations:

1. Allowance of a clearing limit increase from 40% to 53%.

2. Submit amended covenants to the Division of Environmental Protection prior to

recording with Suffolk County.

3. Submit a final survey depicting clearing limits, clearing percentage and amended

covenants to the Division of Environmental Protection.

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Relief of Covenant Land Division of Fairmont Avenue Lots 1 - 5 Address: Fairmont Avenue, Medford SCTM# 0200 60500 0100 lots 024001, 024003 and 0200 63000 0100 lots 006003, 006004 Log# 2020-023-RC Council District 4

Reviewed by Michael J. Albano 11/23/2020 Attachments

Staff Recommendations: Due to the fact that the 2001 Land Division was never activated, the Planning Division recommends:

1. Allowance to eliminate all covenants and restriction related to the 2001-029-LD

Land Division on liber 12175, page 533.

2. Submit a certified copy of the amended covenants.

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Miscellaneous Matters

McDonald’s @ Miller Place

2020-0114-CU STAFF RECOMMENDATIONS: Staff recommends approval with the following conditions:

1. Approval of plan A1.1 prepared by Core States with an issue date of 07/01/20. 2. Approval of elevation titled “Proposed McDonald’s Restaurant #031-1204” prepared by Core States

and dated November 11, 2020 3. Concrete work to be 4,000 PSI. 4. Be advised this grant does not satisfy condition #4 of the August 13, 2020 Town Board grant for change

of zone and special permit. 5. The Planning Division will not recommend a Certificate of Occupancy be issued until a written request

for an inspection has been received by the Planning Division and a determination made that all the above conditions have been met.

6. This change of use determination shall expire three (3) years from this date unless a building permit has been issued and substantial construction commenced in reliance thereon.

7. Be advised that you may now apply for a building permit however; the Building Division will not issue a Certificate of Occupancy until your project has been inspected by the Planning Division for compliance of the above stated conditions.

(Last revised 12/03/2020, by RWS)

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Map of Manor Court @ Mount Sinai 2017-001-PF Staff Recommendations:

1. Approval of the request for a waiver of the installation of 120’ of curb along Mount Sinai-Coram Road from the apron of the new recharge basin to the existing curb on Plymouth Avenue, subject to a fee in the amount of $5,160.00 in lieu of installation.

Last revised 12/15/2020, by RWS

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MISCELLANEOUS ITEM - 19SP0012 REVISED ELEVATIONS

The Meadows at Yaphank – Shoppes at the Boulevard (The Meadows @ Yaphank PDD)

STAFF RECOMMENDATIONS: Approval of request to modify the approved elevations for color and signage changes to match Walmart’s new design subject to the following condition: 1. Approval of the revised elevation prepared by Gabriel J. Massa, RA, stamped received December 15, 2020. (Last revised 12/15/2020 9:59 AM, by CW/)

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Miscellaneous Item Sonic Restaurant @ Shirley Plaza

Solar Canopy Modification - 18SP0057

STAFF RECOMMENDATIONS: Approval of request to modify the approved site plan and elevations subject to the following condition: 1. Approval of the revised site plan prepared by Joseph T. Matthews, Architects PC received 12/24/20 and

revised elevations prepared by Architrave Group PC received 12/18/20 (Last revised 12/28/2020 1:05 PM, by CW/)

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Miscellaneous Matters Crest Nesconset LLC Medical @ PJS 2016-0137-CU STAFF RECOMMENDATIONS: Staff recommends approval of the change of use/façade alteration with the following conditions:

1. Façade renovations in accordance with plans entitled “Site Plan Development Plan for the

Crest Group LLC Proposed Development, 5316 Nesconset Highway, (NYSR113), Port Jefferson Station N.Y. Town of Brookhaven, Suffolk County, NY 1776,” by Joseph A. Deal P.E. with latest revisions on the site plan on October 21, 2020, and other contained plans on May 14, 2020.

2. All Planning Board conditions listed on the Planning Board approval letter dated, March 17, 2017 are still in effect.

3. Pay an inspection fee of $15,136.

4. Contact the Engineering Division (631-451-6400) 48 hours prior to any paving or placement of drainage structures.

5. No clearing or site work shall occur until a Building Permit has been secured from the Town of

Brookhaven - Division of Building.

6. This grant shall expire three (3) years after the date of this letter, unless a Building Permit has been issued and substantial construction, with sufficient proof of such substantial construction, having been commenced in reliance thereon.

7. A Certificate of Occupancy shall not be issued until a written request for an inspection has been received by the Planning Division and a determination been made that all the above conditions have been met.

Reviewed by MJA 11/19/2020

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Sunrise Hwy. & Bellport Station Rd.

2 Lot Land Division 0200 92900 0300 038002

2019-007-LD STAFF RECOMMENDATIONS: Approval subject to the following conditions: 1. A variable width property dedication to the Town of Brookhaven shall be required for a corner radius road

widening and improvements at the N/W/C of Martha Ave. and Bellport Station Road. The applicant shall submit required dedication papers including a deed and description, certificate of title, Transfer Gains Tax Affidavit (form TP-584), Real Property Transfer Report (form RP-5217), and mortgage release.

2. The applicant shall record a vehicle cross-access easement between the motor vehicle filling station parcel, the adjacent BJ's Wholesale Club parcel (SCTM # 0200-92900-0300-038003) and the adjacent restaurant parcel (SCTM# 0200-92900-0300-038002).

3. Submit a recreation fee in the amount of $1,000.00. 4. Covenants required: None. 5. Prior to recording the map with the County Clerk, revised the land division map to depict the cross-access

easements and the corner dedication or as may be determined by the Commissioner. 6. Record the final land division map with the County Clerk’s office and provide a digital copy of the

recording map (to scale) to the Planning Board ([email protected]). Last revised by cw 11/24/2020 12:18 PM

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ADVERTISED SITE PLAN BJ'S Gas Station @ Bellport

19SP0032

STAFF RECOMMENDATIONS: Approval of subject amended site plan and variance application with the following conditions/modifications: 1. No clearing or other construction activity shall commence until such time a building permit has been

issued. 2. Submission of the outstanding balance of the land use intensification mitigation fee in the amount of

$6,146.62 shall be a condition of final site plan approval per Town Code § 85-82.F. 3. The applicant shall record a vehicle cross-access easement between the motor vehicle filling station

parcel, the adjacent BJ's Wholesale Club parcel (SCTM # 0200-92900-0300-038003) and the adjacent restaurant parcel (SCTM# 0200-92900-0300-038002).

4. Submit an Inspection fee in the amount of $ 16,805 and a recreation fee in the amount of $ 26. No excess material removal permit fee required.

5. The applicant shall submit an approval for a storm-water pollution prevention plan (SWPPP) permit pursuant to Chapter 86 of the Town Code or a conditional release.

6. Revise the site plan to depict final technical comments from the Division of Engineering or to the satisfaction of the Commissioner of Planning, Environment and Land Management.

7. Revise the site plan to depict landscape species and quality for the S. Service Rd. front yard proposed to be re-vegetated back to natural.

8. A variable width property dedication to the Town of Brookhaven shall be required for a corner radius road widening and improvements at the N/W/C of Martha Ave. and Bellport Station Road. The applicant shall submit required dedication papers including a deed and description, certificate of title, Transfer Gains Tax Affidavit (form TP-584), Real Property Transfer Report (form RP-5217), and mortgage release.

9. Upon satisfaction of the above conditions, please affix a note on both the site plan and the elevations indicating date of conditional Planning Board grant and listing any conditions thereof and then submit digital site plan and elevation plans to [email protected]. Plans must be legible and to scale. Planningstaff email can accept submissions up 150mg.

(Last revised 11/25/2020 10:46 AM, by CW/)

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ADVERTISED SITE PLAN WITH SPECIAL PERMIT &

VARIANCES Brixmor SPE 4 LP 19SP0018

STAFF RECOMMENDATIONS: Approval with the following conditions/modifications:

1. Submission of proof and mailing and posting, if required.

2. Submit an inspection fee in the amount of $33,517 and a recreation fee in the amount of $1,050

(separate check please).

3. Submit variance fee in the amount of $7,148.96 (separate check please).

4. The applicant shall apply and obtain approval for a storm-water pollution prevention plan (SWPPP)

pursuant to Chapter 86 of the Town Code or a conditional release.

5. Letter of intent to dedicate property and dedication papers. Dedication papers include deed and

description, certificate of title, Transfer Gains Tax Affidavit (form TP-584), Real Property Transfer

Report (form RP-5217), and mortgage release.

6. If any phasing (for construction trailers or other phasing) is proposed, the applicant shall submit such

phasing plans for review and staff administrative approval.

7. Prior to issuance of a Certificate of Occupancy for the subject site plan, provide proof of and/or

obtain Certificates of Occupancy/Compliance for the freezers and roof-overs in the rear of the

shopping center, or remove them.

8. Revise site plan as follows:

a. Street trees to have min. 4” caliper.

b. Label the re-striping of the entire parking lot on the overall site plan. Patch or repair all

broken curbs or asphalt within site. Place note on overall site plan.

c. Replace any dead, diseased or missing evergreen trees along Norwood Avenue to screen the

view of the existing fence from Norwood Avenue to the maximum extent possible. Place note

on overall site plan.

d. Place note on landscape plan: Irrigation shall conserve natural resources through the use of

water conservation methods, including: Drip irrigation on all buffer areas and shrub

plantings; and Automatic timers, rain sensors and moisture meters.

e. Provide a detailed plan for construction entrance(s)/access and for how site through-traffic

will be handled during construction activities, subject to review by the Division of Traffic

Safety and to the satisfaction of the Commissioner of Planning, Environment and Land

Management (note that this may be in narrative form in addition to plans).

9. Upon satisfaction of the above conditions, submit 7 additional copies of the building elevations and

10 revised site plans that address all of the Planning Board's conditions (note you may initially submit

one copy to staff for review). Please provide a note on both the site plan and the elevations indicating

date of conditional Planning Board grant and listing any conditions thereof.

10. No clearing or other construction activity shall commence until such time a building permit has been

issued.

Special Permits Granted:

Drive-through accessory to bank (§85-430.A).

Variances Granted: Land Development Regulations:

§ 85-843.A.3. 4” Street trees all road frontages 30’ on center. Does not comply for entire frontage.

§ 85-843.A.6.a. Landscaping for commercial center. 30% required – 8.16% provided. § 85-843.A.2. ½ of all required landscaped or natural area in front yard. 15% required – 5% provided.

§ 85-843.A.6.c. Road frontage landscaping for commercial center. 50’ required – 15’ provided (347) & 0’

(Norwood) provided.

§ 85-843.A.7. Parking areas shall be screened with a hedge, berm and/or decorative wall or fence. Does not

comply for entire frontage.

§ 85-843.A.8.a. >50 stalls – provide 400 sf landscaping/25 stalls. Does not comply.

§ 85-843.A.8.a. Break parking lots up into 50 stalls or less. Does not comply.

§ 85-843.A.8.b. 10’ landscape strip between parallel rows of parking. Not provided.

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§ 85-843.B.2.c. Residential buffer for commercial center. 75’ required – 0’ provided.

§ 85-843.B.3. Provide appropriate residential buffer if residential across street. 75’ required – 0’ provided.

Parking Variances:

§ 85-852. Amount of Parking – Commercial Center. 743 stalls required – 574 provided.

§ 85-852. Amount of Parking – Drive-through queue. 6 per window required – 5 provided.

§ 85-850. Amount of Loading. 6 required – 1 provided.

§ 85-855. Parking in required front yard prohibited. 100’ required – 15’ provided (347) & 0’ (Norwood).

Last Revised October 23, 2020

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Preliminary Subdivision w. cluster treatment Cherry Court aka Corinna Court Estates @ Medford Preliminary Subdivision Application Received 10/27/2017

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STAFF RECOMMENDATIONS: Approval of the preliminary subdivision design subject to the following covenants and conditions:

1. The following covenants, which are required, shall be depicted on all maps and/or surveys and shall be submitted to the Planning Division for review prior to filing with the Suffolk County Clerk’s Office:

a. No further subdivision of lots. b. No more than 15% of each lot shall be placed in fertilizer dependent

vegetation. c. No vehicular ingress or egress to Old Medford Road shall be permitted for

Lots #1 and #2. All access shall be from the proposed interior road. d. All homeowners are advised that Town Law prohibits dumping or other

disturbances (i.e. placement of litter, garbage, yard waste, tree, branch, shrub debris, leaves, grass clippings, etc.) on Town Open Space properties adjacent to the subdivision.

e. All homeowners are advised that law prohibits the usage of motorized vehicles, quads, motorcycles, etc., on Town Open Space properties adjacent to the subdivision.

2. All covenants to be stated and shown on the individual surveys at time of

application for building permit with the Division of Planning,

3. At the time of final application, the applicant shall designate the lot that will be restricted for workforce housing purposes in accordance with the provisions of Town Code Article XIII, Affordable and Workforce Housing. The applicant shall enter into a contract with a housing group for the continued monitoring and maintenance of the lot designated as workforce and the lot shall be subject to covenants and restrictions in accordance with the requirements of Town Code Article XIII.

4. Abandonment of the underlying filed map lots as well as the paper street, Poplar

Ave. shall be required.

5. The open space dedication areas shall be properly identified with concrete survey markers installed at the corners of the open space areas.

6. Any and all encroachments within the proposed open space dedication shall be

removed prior to the Town accepting the dedication of these lands.

7. Any and all debris, litter and garbage shall be removed from the proposed open space areas and disposed of at an approved upland disposal site prior to dedication.

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8. A four foot high black vinyl clad chain link fence in accordance with Engineering’s

construction standards and specifications details for open space fencing shall be installed by the developer along all lot boundaries adjacent to the open space dedication parcels. Fencing shall be installed by hand using hand tools with minimal disturbance to any existing vegetation, prior to the issuance of a Certificate of Occupancy for the affected lots.

9. If deemed necessary and as directed by the Division of Planning’s Engineering Inspector runoff from roof and driveway shall be directed via gutters and leaders to on-site drywells. Driveway runoff may be contained on-site with grading adjustments, if practicable.

10. Erosion control practices shall be implemented during construction. All disturbed

ground surfaces shall be graded and seeded prior to final inspection for Certificate of Occupancy. If seeding is impractical, straw mulch shall be applied until favorable weather permits seeding, or other erosion control measures acceptable to the Inspector is installed.

11. Limits of vegetation clearing shall be delineated in the field with snow fencing

and/or flagging prior to any construction activity.

12. Individual lot clearing shall not occur until a valid building permit has been issued from the Town of Brookhaven Building Department for the individual lot with the exception of clearing and grading necessary for the construction of the required public improvements including roadways, drainage and utilities.

13. Any existing natural vegetation outside the building/development envelopes shall be preserved to the maximum extent practicable.

14. The applicant shall apply and obtain approval for a storm-water pollution prevention plan (SWPPP) pursuant to Chapter 86 of Town Code or obtain a conditional release.

15. Prior to any site clearing or other construction activities a qualified professional shall conduct a “wildlife inventory/sweep,” as deemed necessary and appropriate by the Town of Brookhaven Director of the Division of Environmental Protection, of the project area to relocate any fauna (amphibians) that could be adversely impacted by these activities. The Town of Brookhaven Divisions of Planning and Environmental Protection shall be notified in writing, 10 days prior to any clearing or construction activities. At the time of this notification the Director of the Division of Environmental Protection shall determine if the “wildlife inventory/sweep” is required and then determine scheduling to conduct and/or evaluate the “wildlife inventory/sweep.”

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16. To avoid impact of clearing and grading of habitat on the population of the Northern

Long Eared Bat (NLEB), all clearing activities shall occur between December 1st and February 28-29th. If any clearing will occur during the summer roosting season a 6 NYCRR Part 182 Incidental Take Permit from NYSDEC shall be obtained.

17. Subject to approval the subdivision from the Suffolk County Department of Health Services (S.C.D.H.S.).

18. Subject to Town of Brookhaven Highway Work Permit.

19. The developer is to submit a written notarized statement, signed by the future

homeowner, acknowledging that all restrictive covenants have been provided to the homeowner, prior to the issuance of the Certificate of Occupancy on each lot.

20. A 5-foot road widening dedication to the Town of Brookhaven shall be required

along the frontage of Old Medford Avenue. The applicant shall submit required dedication papers including a deed and description, certificate of title, Transfer Gains Tax Affidavit (form TP-584), Real Property Transfer Report (form RP-5217), and mortgage release.

21. Street trees shall be provided along the proposed road in accordance with Town Standards. Provide a street tree planting plan with the final subdivision submission.

22. Dimensional building setbacks for all lots shall conform to the following requirements:

Front yard: 40’ Minimum side yard: 20’ Total side yard: 45’ Rear yard: 60’

* Accessory structures shall conform to the dimensional setback requirements of the B-Residence-1 zoning classification.

23. Any existing structures and driveways that are to be removed shall be done so with any necessary permits.

24. The applicant shall submit a final subdivision map complying with all requirements of “Town Code SR 10 (subdivision regulations)” for review and approval by P.E.L.M. staff, prior to filing of the map.

25. Add note to final plan: “The approval of this map is authorized pursuant to resolution of the Planning Board dated_______, adopted pursuant to New York State code article 16-A, Long Island Workforce Housing Act.

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26. Add note to final plan: “The approval of this plan (or map) is authorized pursuant

to resolution of the Planning Board dated ________, adopted pursuant to Section 278 of New York Town Law.”

Reviewed by RWS Last revised: 12/10/2020

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Warren Avenue Plaza LLC @ Ronkonkoma

2019-0138-CU STAFF RECOMMENDATIONS: Staff recommends approval with the following conditions:

1. Denial of plans submitted 10/01/2020. 2. Submit detailed drawings depicting the rooftop screening as shown on the color rendering

presented to the Board at the February 10, 2020 public hearing. 3. All other conditions of the February 19, 2020 Planning Board conditional approval letter

remain in effect. (Last revised 12/04/2020, by RWS)

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MD-365 @ Patchogue

2020-093-CU STAFF RECOMMENDATIONS: Staff recommends denial of change of use from furniture store to medical office use.

1. Applicant has proposed tenant space in the middle of the existing building, thereby separating the intended use of the site for “retail furniture” as required by the 2007 Planning Board grant.

2. Applicant has not demonstrated a need for change of use based on application history.

3. Approval of proposed modification of Planning Board condition number three would lead to other such modifications in this commercial building.

4. Staff finds that the proposed medical office use and proposed tenant location would transition

this site into a traditional strip retail center that was and is a concern of the community, the Planning Board and Planning staff.

(Last revised 11/06/2020 by sw)

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SITE PLAN with Special Use Permits U-Haul Moving and Storage @ East Patchogue 18SP0027 Staff Recommendations: Approval of the Site Plan, and Special Use Permits for Mini-Storage Warehouse Facility and Rental Vehicles and Waivers of Special use Permit Criteria with the following conditions: Approval of the following Special Use Permits: 85-461.C. Mini-Storage Warehouse Facility. 85-461.D. Motor Vehicle Rental.

1. Pursuant to Brookhaven Town Code Section 85-82, a land use intensification mitigation fee in the amount of $57,300.00 shall be submitted prior to final site plan sign off.

2. Inspection fee in the amount of $11,526.00, a recreation fee in the amount of $8,684.00 (separate check please). Excess material removal fee in the amount of $411.00 (separate check please).

3. Subject to filing and compliance with all standards and permits for “Storm Water Pollution Prevention Plan’ (SWPPP) and “Notice of Intent” (NOI) with New York State Department of Environmental Conservation (NYSDEC) and the Town of Brookhaven, pursuant to Town Code Chapter 86 “Storm Water Management and Erosion Control” or waiver thereof.

4. There shall be no mobile storage unit trailers permitted. Submit revised copies of site plan eliminating mobile storage unit trailers as labeled Proposed Self Storage Building A, B & C from the site plan.

5. There shall be a maximum of eight (8) parking stalls dedicated for rental vehicles and pursuant to Town Board Covenants and Restrictions shall maintain a minimum 25’ setback from CR 101.

6. Customary accessory overnight storage of registered vehicles, consisting of boats and recreational vehicles, shall be limited to the fenced area along the north side of the existing/proposed building. Any registered boat storage shall be on registered trailers and not on blocks.

7. The removal of any topsoil material of the subject site shall be prohibited. 8. There shall be no outdoor storage of building materials, construction materials or

aggregate permitted. The storage of explosives, flammable, toxic or otherwise hazardous chemicals and/or other materials shall be prohibited.

9. Preconstruction meeting with engineering inspectors is required prior to commencing any work.

10. No clearing or other construction activity shall commence until such time a building permit has been issued.

11. Submit digital copies of the site plan that address all of the Planning Board's conditions (note you may initially submit one copy to staff for review), and digital copies of the architectural building elevations stating types of materials and colors. Please provide a note on the site plan indicating the date of conditional Planning Board grant and listing any conditions thereof.

(Last revised 11/06/2020, by JS)

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agenda - monday, january 11, 2021

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