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HomeMy WebLinkAboutPB-08/05/2019 OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex �®f S® P.O.Box 1179 54375 State Route 25 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold,NY Telephone: 631 765-1938 _ www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD RECEIVED 1"�A , NOV _ g 2019 I I •�(�14r� PUBLIC MEETING MINUTES August 5, 2019 6:00 p.m. Present were: Donald J. Wilcenski, Chairman James H. Rich III, Vice-Chairman Martin Sidor, Member Pierce Rafferty, Member Mary Eisenstein, Member Mark Terry, Assistant Planning Director Brian Cummings, Planner Erica Bufkins, Planner Trainee Jessica Michaelis, Office Assistant _ SETTING OF THE NEXT PLANNING BOARD MEETING Chairman Wilcenski: Good afternoon and welcome to the August 5, 2019 Planning Board meeting. The first order of business is for the Board to set Monday, September 9, 2019 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? Southold Town Planning Board Page 12 August 5, 2019 Ayes. Opposed? None. Motion carries. SUBDIVISIONS Preliminary Plat Determination: 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 each in the R-40 Zoning District and Lot 4 equals 1.8 acres located in both the R-40 and LB 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 Lots 1-3 equal 1 acre each in the R-40 Zoning District and Lot 4 equals 1.8 acres located in both the R-40 and LB Zoning Districts; and WHEREAS, on November 4, 2014 the Southold Town Planning Board hereby granted Conditional Sketch Plan Approval upon the map prepared by Howard W. Young, Land Surveyor, entitled "Subdivision Map of Harold R. Reeve and Sons, Inc.", dated October 25, 2013 and last revised January 23, 2014 with conditions; and WHEREAS, on May 3, 2015, Conditional Sketch Plan Approval expired; and WHEREAS, on May 5, 2015, the Planning Board, at their Work Session, agreed to remove Clause Two of the Sketch Plan Approval "Continue with the next steps of the petition to the Town Board to amend the zoning district on a portion of the subject parcel from Residential-40 and Business to Limited Business so that the matter may be scheduled for a public hearing prior to the Preliminary Plat Public Hearing". This revision would allow the Board to continue with the review of the Preliminary Plat Application before a public hearing for the Change of Zone petition is scheduled; and WHEREAS, on May 8, 2015, the agent submitted a letter requesting that the Sketch Plan Resolution be amended to allow the Planning Board to continue with the review of the application; and WHEREAS, on April 20, 2015 the applicant submitted a Preliminary Plat application; and Southold Town Planning Board Page 13 August 5, 2019 WHEREAS, on June 1, 2015 the Preliminary Plat Application was found complete and referred to all applicable agencies; and WHEREAS, on June 1, 2015 the Southold Town Planning Board had determined that this proposed action is an Unlisted Action under SEQRA; and WHEREAS, on June 1, 2015 an amended Conditional Sketch Plan Approval was granted to allow for the further review of the application on the map prepared by Howard W. Young, Land Surveyor, entitled "Subdivision Map of Harold R. Reeve and Sons, Inc.", dated October 25, 2013 and last revised January 23, 2014; and WHEREAS, on July 6, 2015 a Public hearing was held on the Preliminary Plat; and WHEREAS, this application is not required to meet Affordable housing requirement ' pursuant to §240-10 B. (2)(c); and WHEREAS, on July 30, 2015 the LWRP Coordinator provided comment on the subdivision and recommended that the action be found consistent with LWRP policies; and WHEREAS, on September 13, 2018 the Southold Town Planning Board declared itself Lead Agency for the SEQRA review of this Unlisted Action; and WHEREAS, on October 15, 2018 the Southold Town Planning Board, pursuant to State Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617, issued a Negative Declaration for the action; and WHEREAS, on December 20, 2018 a Letter of Water Availability from the Suffolk County Water Authority was submitted; and WHEREAS, on May 21, 2019 the Town of Southold Highway Superintendent approved the proposed road name of"Creek View Lane"; and WHEREAS, due to the change of zone component of the application the Planning Board required that a Town Board decision be made on the change of zone application prior to making a determination on the Preliminary Plat, therefore, nine extensions were granted for the timeframe to-render a decision on the Preliminary Plat; and WHEREAS, the proposed subdivision plat presents a proper case for requiring a park suitably located for recreational purposes, but that a suitable park cannot be properly located on such subdivision plat; and WHEREAS, on April 9, 2019 the Southold Town Board approved "A Local Law to amend the Zoning Map to change the zoning of the parcel known as SCTM #1000-140- 01-6, from B (General Business) & R-40 to LB (Limited Business) & R-40"changing the zone on Lot 4, subject to the applicant filing with the County Clerk covenants and Southold Town Planning Board Page 14 August 5, 2019 restrictions on the subject property approved by the Town Attorney prohibiting hotel and restaurant uses on the LB zoned property and limiting lot coverage to 15%, therefore be it 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 Conditional Preliminary Plat Approval upon the map prepared by Howard W. Young, Land Surveyor, entitled "Subdivision Map of Harold R. Reeve and Sons, Inc.", dated January 8, 2015 and last revised May 24, 2019 and approval on the Preliminary Road and Drainage Plans last revised May 24, 2019 with the following conditions: 1. Approval by the Suffolk County Department of Health Services (SCDHS) will be required prior to Final Plat Approval, and must include the use of innovative/alternative wastewater treatment systems (I/AOWTS) for Lots 1, 2, 3, and Lot 4 when developed with a residential or commercial use, as permitted under SCDHS' Article 19. 2. Submit twelve paper copies of the final plat. Amend the Preliminary Plat dated as last revised May 24, 2019 as follows: a. Re-title plat "Final Plat". b. Show a 50' wide non-disturbance buffer then a 50' wide vegetated buffer from the landward limit of tidal wetlands line (Mattituck Creek) on Lots 1, 2, and 3. Exclude the 10' access on Lot 3. Show a 10' wide pedestrian access path on Lots 1 and 2, the areas must also be shown as excluded. Southold Town Planning Board Page 15 August 5, 2019 c. Provide the square footage of the buffer areas on each lot to account towards meeting the clearing limit (not to be cleared) minimum areas. d. Remove the concept Boat Dock from the Final Plat and Final Road and Drainage Plan. e. The rear metal building requires a rear yard setback variance from the Zoning Board of Appeals prior to Final Plat approval. The other option is to remove the buildings. Label the rear, metal building on Lot 4 "to be removed". f. Adjust the building envelope on Lot 4 to exclude the 20' wide vegetated, transitional buffer. g. Covenant and Restrictions language is now required to be listed on the Final Plat. Please provide space for future placement. h. Be aware of map legibility requirements by the Office of the Suffolk County Clerk. 3. Submit six copies of an amended Road & Drainage Plan, last revised on May 24, 2019 that addresses the Engineers' comments and satisfies the requirements mandated through §240-21 Technical requirements including: a. Title the plans: Final Road and Drainage Plans. b. Contact the office of the Town Engineer to discuss an alternative "greener" storm water control system design at the cul de sac. c. The Private Road Section shown on sheet 3 of 4 on the Preliminary Road and Drainage Plans shows a 18" high density polyethylene pipe. It is recommended that the pipe be reduced to 12" in diameter and set at a higher elevation between the catch basins. The 12" high density polyethylene pipe extending from the catch basin to the leaching pool should also be set at a higher elevation at the catch basin and a lower elevation at the leaching pool. Please contact the Town Engineer to discuss this design further. d. Show the depth to groundwater in the Private Road Section. The bottom of the leaching pools must achieve a 2' separation distance to groundwater. Shallow pools may be required. e. Remove the street light from the plan. f. The new road should be protected with mountable concrete curbing. Show mountable concrete curbing. In addition, directly behind the inlet catch basin located at the end of the Cul-de-Sac, (CB # 2.1), there should be raised concrete curbing (6") for a distance of 20', (10' each side of Catch Basin). This may not be necessary depending on the alternative storm water control design. g. It appears that a new 6" water main will be run down the center of the road and be extended through the cul-de-sac. Will this new water main be extended all the way to Maiden Lane within the Southold Town Planning Board Page 16 August 5, 2019 proposed easement shown? Will this water main serve lot#4 as well as the residential lots? h. The private road section shown on page 3 of 4 appears to be a section through the entrance drainage. This cross section detail indicates a 25' wide right of way, it is 50' wide at this location. This section detail should be located or noted on the map and property lines should be accurately shown in the section. i. Verify map legibility with Office of the Suffolk County Clerk. 4. Submit two copies of cost estimate of public improvements required under Articles IX, Bonds and Other Security and X, Required Public Improvements; Inspections; Fees. 5. Provide a schedule of anticipated construction timeframes/dates. 6. Submit a Tidal Wetlands Permit, as required by the New York State Department of Environmental Conservation. 7. Attain coverage from New York State Department of Environmental Conservation (DEC) under the Phase II State Pollutant Discharge Elimination System (SPDES) Program. The Developer must submit their DEC SWPPP and NOI submission directly to the Department of Environmental Conservation for their review and approval. A copy of the SWPPP must also be submitted to the Town Engineering Department prior to any commencement of construction and/or the beginning of work. 8. Submit agreed upon draft covenants and restrictions. A draft template will be provided by the Planning Department. 9. A Park & Playground fee of$21,000, pursuant to §240-53 G of the Southold Town Code, will be required to be submitted prior to Final Plat approval. 10.An Administration Fee in the amount of$8,000 or 6% of the performance bond estimate, whichever is greater, pursuant to Southold Town Code §240-37 Administration fee. 11.Submit a Final Plat Application meeting all the requirements of Section 240-20 of the Southold Town Code. James H. Rich III: Second. Chairman Wilcenski: Motion made by Pierce, seconded by Jim. Any discussion? All in favor? Ayes. Southold Town Planning Board Page 17 August 5, 2019 Opposed? None. ' Motion carries. Conditional Sketch Plat Determination: Chairman Wilcenski: Pederson Standard Subdivision —This proposal is for the Standard Subdivision of a 9.2-acre parcel into 3 lots, where Lot 1 is 5.1 acres, Lot 2 is 2.3 acres, and Lot 3 is 1.8 acres, in the R-40 Zoning District. This parcel is located at 670 Circle Drive, south of the intersection of Aquaview Avenue and Circle Drive in East Marion. SCTM#1000-21-3-15 James H. Rich III: WHEREAS, this proposal is for the Standard Subdivision of a 9.2-acre parcel into 3 lots, where Lot 1 is 5.1 acres, Lot 2 is 2.3 acres, and Lot 3 is 1.8 acres, in the R-40 Zoning District. This parcel is located south of the intersection of Aquaview Avenue and Circle Drive in East Marion; and WHEREAS, on March 12, 2019, the applicant submitted a Sketch Plan application and fee; and WHEREAS, on April 8, 2019, the Planning Board required the applicant to submitted a full sized Yield Plan and proof of access over Circle Drive; WHEREAS, on April 12, 2019, the applicant submitted the proof of access over Circle Drive; and WHEREAS, on April 23, 2019, the applicant submitted a full sized Yield Plan for the application; and WHEREAS, on May 6, 2019, the Planning Board reviewed the Yield Plan, and found that the access shown on the map labelled "Sketch Plan for Mark & Katarina Pederson" did not meet the minimum requirements of§161 Highway Specifications of the Town Code for the proposed access; and WHEREAS, on May 6, 2019, the Planning Board required that the applicant submit a plan corrected for the right of way specifications and revised to remove the notation for a common driveway on Lot 3; and WHEREAS, on July 3, 2019, the agent contacted planning staff to discuss the corrected right of way specifications and to show planning staff that the second iteration Southold Town Planning'Board Page 18 August 5, 2019 of the Sketch Plan that was submitted with the application, "Sketch Plan AA for Mark and Katarina Pederson", shows the correct right of way specifications; and WHEREAS, on July 3, 2019, the Sketch Plan application was rendered complete due to the clarification of the common driveway of Sketch Plan AA by the agent; and WHEREAS, this application proposes irregular lot lines to achieve the subdivision of land; and WHEREAS, pursuant to Town Code §240-45 Lots, "Side lines of lots shall be at right angles to straight streets, and radial to curved streets"; and WHEREAS, the applicant has proposed to split the open space among the three lots instead of providing one, contiguous open space parcel as required through Town Code §240-42 Authority and purpose (D); and WHEREAS, pursuant to §240-56 Waivers of certain provisions, the Planning Board has the ability to waive certain provisions of the subdivision code, if they are not requisite in the interest of public health, safety, and general welfare; and WHEREAS, this application proposes a yield reduction of 62% of the permitted lot yield; and, WHEREAS, given the significance and reduction in lot yield, the irregularity of the lot lines and the split open space contained within each individual lot will not be requisite in the interest of public health, safety, and general welfare; therefore be it RESOLVED, that pursuant to §240-56 Waivers of certain provisions, the Southold Town Planning Board hereby waives the following subdivision requirements; 1. §240-45 Lots for regularity in the configuration of lot lines; 2. §240-42 Authority and purpose (D) for a contiguous open space as required for clustered subdivision; Martin Sidor: Second. , Chairman Wilcenski: Motion made by Jim, seconded by Martin. Any discussion? All in favor? Ayes. Opposed? None. Southold Town Planning Board, Page 19 August 5, 2019 Motion carries. James H. Rich III: And be it further RESOLVED, that the Southold Town Planning Board grants a Conditional Sketch Plan Approval on the map entitled "Sketch Plan AA for Mark & Katarina Pederson," prepared by Howard W. Young, Land Surveyor, dated October 31, 2018, and last revised January 30, 2019, with the following conditions: 1. Submit a Preliminary Plat application, fee, and map inclusive of proposed clearing limits, and the front yard and side yard setbacks corrected for the R-40 Zoning District requirements on Lots 2 and 3; 2. Provide metes and bounds on the common driveway easement area. Martin Sidor: Second. Chairman Wilcenski: Motion made by Jim, seconded by Martin. Any discussion? All in favor? Ayes. Opposed? None. Conditional Final Plat Determination: Chairman Wilcenski: Gonzalez Standard Subdivision —This proposal is for the standard subdivision of a 4.29-acre parcel into two lots, where Lot 1 is 2.07 acres and Lot 2 is 2.22 acres in the R-80 Zoning District. This parcel is located at 2050 Platt Rd 1,830' south of S.R. 25), Orient. SCTM#1000- 27.-1-9 Martin Sidor: WHEREAS, this proposal is for a Standard Subdivision of a 4.29 acre parcel into two lots where Lot 1 is 2.07 acres and Lot.2 is 2.22 acres located in the R-80 Zoning District; and WHEREAS, on December 1, 2017, the agent submitted a Sketch Plan application; and WHEREAS, on February 5, 2018, the applicant stated they would install innovative/alternative onsite wastewater treatment systems for the future houses to be constructed on the property; and Southold Town Planning Board Page 110 August 5, 2019 WHEREAS, on March 13, 2018, the Southold Town Planning granted a Conditional Sketch Plan Approval; and WHEREAS, on May 10, 2018, the applicant submitted a Preliminary Plat Application and Fee; and WHEREAS, on June 4, 2018, the Planning Board found the application incomplete at their Work Session and required revision; and WHEREAS, on August 10, 2018, the applicant submitted a revised Preliminary Plat map; and WHEREAS, on August 20, 2018, the Planning Board found the Preliminary Plat application complete; and WHEREAS, on September 10, 2018, the application was referred to the Suffolk County Planning Commission and all involved and interested agencies; WHEREAS, on September 10, 2018, the proposed action was classified as an Unlisted Action under SEQR and the public hearing was set for October 15, 2018; and WHEREAS, on September 24, 2018, the Suffolk County Planning Commission responded that this is a matter for local agency and had no objection to the Town assuming Lead Agency; and WHEREAS, on October 3, 2018, the Town of Southold Local Waterfront Revitalization Program (LWRP) Coordinator reviewed this application, and recommended the proposed project be found consistent with the policies of the Southold Town LWRP; and WHEREAS, on October 15, 2018, the public hearing on the Preliminary Plat was held open due to issues noticing adjacent property owners; and WHEREAS, on November 5, 2018, the public hearing was closed; and WHEREAS, the Southold Town Planning Board performed a coordinated review of the Unlisted Action pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality Review Act (SEQRA); and WHEREAS, on January 14, 2019, 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 January 14, 2019, the Southold Town Planning Board determined that this proposed action is consistent with the policies of the Town of Southold Local Waterfront Revitalization Program; and Southold Town Planning Board Page Ill August 5, 2019 WHEREAS, on January 14, 2019, at their Work Session, the Planning Board found that the application fulfilled all requirements of§240-Article V Preliminary Plat Review; and WHEREAS, on February 11, 2019, the Planning Board found that the proposed subdivision plat presented a proper case for requiring a park suitably located for recreational purposes, but that a suitable park cannot be properly located on such subdivision plat, and that the Planning Board will require $7,000.00 in lieu thereof, pursuant to 240-53 G of the Southold Town Code; and WHEREAS, on February 11, 2019, the Planning Board granted a Conditional Preliminary Plat Approval; and WHEREAS, on April 1, 2019, the applicant submitted a Final Plat application and fee; and WHEREAS, on April 8, 2019, the Planning Board found the Final Plat application complete and required both property owners names and addresses to be put on the plan; and WHEREAS, on April 22, 2019, the Planning Board reviewed and accepted the draft covenants and restrictions provided by planning staff; and WHEREAS, on April 25, 2019, the agent submitted a revised version of the draft covenants and restrictions; and WHEREAS, on May 8, 2019, the agent submitted a revised Final Plat inclusive of the names and addresses of both property owners; and WHEREAS, on May 20, 2019, the Planning Board determined that the applicant will be required to pay an Administration Fee in the amount of$4,000 pursuant to §240-37 Administration Fee; and WHEREAS, on May 20, 2019, the Planning Board required the applicant to place monuments at the corners.of Lots 1 and 2 and to correct the common driveway specifications on the Final Plat to meet the requirements of§240-45(c) Common Driveways; and WHEREAS, on May 24, 2019, the agent submitted a revised Final Plat and additional revisions to the covenants and restrictions; and WHEREAS, on June 3, 2019, the Planning Board accepted the covenants and restrictions and required the applicant to correct the flag area on Lot 2 to include the buffer and the required portion of the common driveway and to place monuments designating the lot line separating Lots 1 and 2; and J Southold Town Planning Board Page 112 August 5, 2019 WHEREAS, on June 3, 2019, the Planning Board required that seven (7) street trees will be required to be planted along Platt Road prior to the issuance of any Building Permits to fulfill the requirements of§240-31 Purpose of performance bond; and WHEREAS, on July 12, ,2019, the agent submitted a Final Plat inclusive of the corrections for the flag area and placement of monuments; and WHEREAS, on August 5, 2019, at their Work Session, the Planning Board determined that the proposed action meets all the necessary requirements of Town Code §240-21 for a Final Plat application; be it therefore RESOLVED, that the Southold Town Planning Board grants a Conditional Final Plat Approval upon the plan entitled, "Gonzales Standard Subdivision Final Plat," prepared by John T. Metzger, Land Surveyor, dated April 29, 2015, and last revised July 3, 2019, with the following conditions: 1. Submit a Park & Playground Fee in the amount of$7,000 pursuant to §240- 53 G. of the Southold Town Code; 2. Submit an Administration Fee in the amount of$4,000 pursuant to §240-37 of the Southold Town Code; 3. Obtain approval from the Suffolk County Department of Health Services; 4. File the covenants and restrictions with the Suffolk County Clerk's Office; 5. Submit 12 paper copies &4 Mylars of the Final Plat to include the following; a. The required covenants and restrictions written out on the Final Plat in the notes section; b. Corrected lengths of the lot lines in the area calculations table that match the metes and bounds shown on the plan; c. A stamp of'approval from the Suffolk County Department of Health Services. Mary Eisenstein: Second. Chairman Wilcenski: Motion made by Martin, seconded by Mary. Any discussion? All in favor? Ayes. Opposed? i i Southold Town Planning Board Page 113 August 5, 2019 None. Motion carries. Final Plat Determination: Chairman Wilcenski: Brantuk & Pearson Resubdivision —This proposal is for the resubdivision of SCTM#1000-86.-6-31 & 1000-75.-6-7.2, where 0.27 acres is proposed for transfer from Lot 1 (86.-03-31) to Lot 2 (75.-6-7.2). Lot 1 will decreased in size from 5.23 acres to 4.96 acres and Lot 2 increased from 5.30 acres to 5.57 acres in the AC Zoning District. This property is located at the end of the private r.o.w. beginning at S.R. 25 +/- 930' east of Wells Avenue, in Peconic. SCTM#1000-86-6-31 & 75-6-7.2 Mary Eisenstein: WHEREAS, this proposal is for the resubdivision of SCTM#1000-86.-3-31 & 1000-75.- 6-7.2, where 0.27 acres is proposed for transfer from Lot 1 (86.-6-31) to Lot 2 (75.-6- 7.2); and WHEREAS, Lot 1 will decrease in size from 5.23 acres to 4.96 acres and Lot 2 increased from 5.30 acres to 5.57 acres in the AC Zoning District; and WHEREAS, this property is located at the end of the private no.w. beginning at S.R. 25 +/- 930' east of Wells Avenue, in Peconic; and WHEREAS, this resubdivision proposes to eliminate the portion of the right of way to Richmond Creek located on Lot 1; and WHEREAS, the 50' right of way was originally created for the minor subdivision for Mohring Enterprises II approved by the Planning Board on May 10, 1985; and WHEREAS, as a result of this resubdivision,,the existing property line of Lot 2 will be extended as a flag to incorporate a 25' wide section of the former 50' right of way currently located on Lot 1 that extends to Richmond Creek; and WHEREAS, where the right of way meets Richmond Creek, there is a "turn-around" area of 100' x 120', of which 40' x 80' will be included in Lot 2, and the remainder of the section of the right of way to Richmond Creek located on Lot 1 will be extinguished; and WHEREAS, on April 27, 2011, the applicant submitted a resubdivision application and fee; and WHEREAS, on June 10, 2011, the Planning Board found the resubdivision application complete; and Southold Town Planning Board Page 114 August 5, 2019 WHEREAS, on July 13, 2011, the application was referred to all involved and interested agencies; and WHEREAS, at their Public Meeting, the Planning Board set the Public Hearing for the application to be held on August 8, 2011; and WHEREAS, on July 25, 2011, the Planning Board asked for additional materials and required the applicant file a covenant that would require the restriction of a dock on Lot 1, as this lot line change would create the ability for the non-waterfront lots to create a dock, and an additional dock on Lot 1, which was not permitted in the original subdivision due to the configuration of the lots and the right of way to the water; and WHEREAS, on August 8, 2011, the Public Hearing was held and closed upon the application; and WHEREAS, the applicant did not submit the materials required by the Planning Board from July 25, 2011 and the application became inactive; and WHEREAS, on July 1, 2013, the application was re-activated by request of the applicant and the Planning Board required revised draft deeds; and WHEREAS, on September 23, 2013, at their work session, the Planning Board expressed that they would deny the application if the applicant does not agree to a covenant preventing a dock on Lot 1 due to environmental concerns; and WHEREAS, the applicant did not submit the materials required by the Planning Board and the application became inactive; and WHEREAS, on September 3, 2014, the applicant sent a letter requesting that the application be re-activated; and WHEREAS, on September 12, 2014, the Planning Board responded to the applicant and reiterated the findings of the September 23rd work session; and WHEREAS, on October 1, 2014, the Planning Board sent a letter to inform the applicant that the resubdivision application had expired and that a new application would be required to be submitted; and WHEREAS, on September 18, 2017, the application was permitted to be re-activated without the submission of a new application; and WHEREAS, on October 30, 2017, at their work session, the Planning Board agreed to classify this action as an Unlisted Action under SEQRA and required revisions to the draft deed and the re-subdivision map; and Southold Town Planning Board Page 115 August 5, 2019 WHEREAS, on December 4, 2017, the Planning Board sent the applicant a complete list of required corrections to the map and draft deed, as required at the October 30, 2017 work session, and provided the applicant with a draft covenant and restrictions; and y WHEREAS, on December 28, 2017, the applicant submitted a revised plan; and WHEREAS, on January 11, 2018, the application was referred to the Suffolk County Planning Commission for comment; and WHEREAS, on January 24, 2018, the Suffolk County Planning Commission responded without comment; and WHEREAS, on May 18, 2018, the applicant submitted a revised draft deed and draft covenant and restriction to the'Planning Department; and WHEREAS, on June 4, 2018, the Planning Board reviewed the application and required a Schedule A be submitted for the draft covenants and restriction; and WHEREAS, on July 9, 2018, the Planning 'Board required corrections to the plan and, required a Schedule F be submitted for the extinguished part of the right-of-way; and WHEREAS, on April 3, 2019, the applicant submitted an termination agreement for the part of the right of way to be extinguished, all required schedules, and revised draft deeds; and WHEREAS,,pursuant to the resubdivision 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); 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 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 lot line change that would adversely affect the character of the'neighborhood; and WHEREAS, pursuant to 617.5(c)(16), changes in SEQRA law effective as of January 1, 2019, lot line modifications are now classified as Type 11 actions; Southold Town Planning Board Page 116 August 5, 2019 WHEREAS, this application is EXEMPT from review by the Local Waterfront Revitalization Program as no new development potential will come as a result of this re- subdivision; and WHEREAS, on April 22, 2019, the Planning Board review the application and determined that the proposed action meets all the necessary requirements of Town Code §240-57 for a resubdivision; and WHEREAS, on May 6, 2019, the Southold Town Planning Board determined that this proposed action is a Type II Action under SEQRA; and WHEREAS, on May 6, 2019, the Planning Board waived the requirements of Town Code §240 to submit the ERSAP, Primary and Secondary Conservation Plans, Sketch Plan and Preliminary Plat steps of the required subdivision review process; and WHEREAS, on May 6, 2019, the Southold Town Planning Board waived the requirement to receive approval from the Suffolk County Department of Health Services prior to approval of this re-subdivision by the Southold Town Planning Board; and WHEREAS, on May 6, 2019, the Southold Town Planning Board granted a Conditional Final Approval upon the application with the following condition: 1. File the covenant and restriction in the Office of the Suffolk County Clerk; and WHEREAS, on July 9, 2019, the agent for the applicant submitted proof of filing for the covenants and restrictions, the deeds completing the land transfer from Nancy Pearson to Joseph Brantuk, and a Termination Agreement for the portion of the right-of-way proposed to be abandoned; WHEREAS, the submission of the materials described above fulfills the requirements of the Conditional Final Approval granted on May 6, 2019; therefore be it RESOLVED, that the Southold Town Planning Board hereby grants a Final Approval upon the map entitled "Joseph Brantuk & Nancy C. Pearson," prepared by Howard W. Young, Land Surveyor, dated November 3, 2009, and last revised May 16, 2018. Pierce Rafferty: Second. Chairman Wilcenski: Motion made by Mary, seconded by Pierce. Any discussion? All in favor? Ayes. Opposed? None. Southold Town Planning Board Page 117 August 5, 2019 Motion carries. Final Plat Extension: Chairman Wilcenski: Mangieri Resubdivision —This proposal is for the resubdivision of SCTM: 1000-125.-3-2.3 & 18 where 9.56 acres is proposed for transfer from Lot 2.3 to Lot 18. Lot 2.3 will decrease from 11.57 acres to 2.01 acres (proposed Lot 1) and Lot 18 will increase from 0.44 acres to 10 acres (proposed Lot 2), in the AC Zoning District. This parcel is located at 2050 Route 25 (+/- 200' west of the intersection of Franklinville Road and S.R. 25), Laurel. SCTM#1000- 125.-3-2.3 Pierce Rafferty: WHEREAS, this Resubdivision proposes to transfer 9.73 acres from SCTM#1000-125.- 3-2.3 to SCTM#1000-125.-3-18 in the AC Zoning District, Laurel. Lot 2.3 will decrease from 11.57 acres to 1.84 acres (proposed Lot 1). Lot 18 will increase from 0.44 acres to 10.17 acres (proposed Lot 2); and WHEREAS, on November 7, 2017, the Planning Board responded to the Zoning Board of Appeals request for comment to unmerge this parcel to create Tax Lots 2.3 & 18. The ZBA granted a waiver of merger on the application in File #7019; and WHEREAS, on February 11, 2019, the Southold Town Planning Board granted a Conditional Final Approval on the map entitled "Resubdivision for Gian Mangieri," prepared by David Saskas, Land Surveyor, dated November 18, 2004, and last revised December 6, 2018, with one condition: 1. Submit a plan stamped approved by the Suffolk County Department of Health Services for the resubdivision. WHEREAS, on June 26, 2019, the applicant's agent requested a six-month (180 day) extension of the Conditional Final Approval set to expire on August 12, 2019 in order to obtain approval from the Suffolk County Department of Health Services; and WHEREAS, on.August 5, 2019, the Planning Board agreed to an extension of the Conditional Final Approval; therefore be it RESOLVED, that the Southold Town Planning Board grants a six-month (180 day) extension of the Conditional Final Approval granted upon the map entitled "Resubdivision for Gian Mangieri," prepared by David Saskas, Land Surveyor, dated November 18, 2004, and last revised December 6, 2018, from August 12, 2019, to February 12, 2020, with one condition: 1. Submit a plan stamped approved by the Suffolk County Department of Health Services for the resubdivision. Southold Town Planning Board Page 118 August 5, 2019 James H. Rich III: Second. Chairman Wilcenski: Motion made by Pierce, seconded by Jim. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. PUBLIC HEARINGS Chairman Wilcenski: 6.01 p.m. - Peconic Landing Duplex, 108 Thompson Boulevard —This site plan is for the proposed conversion of one existing 1-story 2,600 sq. ft. single family dwelling to a two family dwelling with no expansion of living area and no basement, 4 parking stalls on a Hamlet Density (HD) and R-80 split zoned parcel totaling 143 acres. The property is located at 1205 Route 25, 108 Thompson Boulevard, Greenport. SCTM#1000-35-1-25 Chairman Wilcenski: At this time, if anyone would like to address the Planning Board, please step to one of the podiums, state your name, write your name for the records and please address your comments to the Board. Charles Cuddy: Good Evening, I'm Charles Cuddy. I represent Peconic Landing and Southold Inc. This is the second rendition of breaking up the large cottages into smaller units. All that's been done, as I think the Board is aware, is we've taken a cottage and broken it up so that each of the units is a little more than 1,000 square feet. This is what the residents like, we're able to sell them and now we've had some vacancies in the cottages —this will eliminate those vacancies and it's a worthwhile enterprise. Chairman Wilcenski: Thank you, Mr. Cuddy. Would anybody else like to address the Planning Board on Peconic Landing Duplex on Thompson Boulevard? Anyone? James H. Rich III: Seeing none, Mr. Chairman, I make a motion to close the hearing. Mary Eisenstein: Second. Chairman Wilcenski: Motion made by Jim, seconded by Mary. Any discussion? All in favor? Ayes. Opposed? Southold Town Planning Board Page 119 August 5, 2019 None. Chairman Wilcenski: 6:02 p.m. - Liebert Standard Subdivision —This proposal is for the standard subdivision of a 2.43-acre vacant lot into two lots, where Lot 1 equals 54,134 sq. ft. and Lot 2 equals 54,134 sq. ft. in the R-40 Zoning District. This parcel is located at 6510 Horton Lane (+/- 100' southeast of the intersection of Jennings Road and Hortons Lane), Southold. SCTM#1000- 54.-3-14.8 Chairman Wilcenski: At this time, if anyone would like to address the board, please step to the podium, state your name, write your name for the record and address your comments to the board. Charles Cuddy: Good Evening again, Charles Cuddy, for the applicants. This is a subdivision of two and a half acres in an R-40 zoning district. Each lot is more than the one acre required; each of the lots is being developed on a basis that will meet all of the requirements. It will have the new alternative septic systems; trees are being saved on this parcel. We think it's appropriate as it's been submitted to the board. Chairman Wilcenski: Thank you. Would anybody else like to address the board on Liebert Standard Subdivision? Susan Nobile: Hi, My name is Susan Nobile. First of all, I hope I don't embarrass anybody, I'm very nervous about this and very upset about what's being proposed so I've prepared a little statement and, as I said, I'm Susan Nobile and I live at 5742 Hortons Lane. Southold is my hometown, I attended Southold School and graduated in 1972 and I worked as a teacher in that same school until I reached retirement. My plot of land was part of a large parcel of land that was divided into two lots when the Town determined that 2 acre zoning was best for our local environment. A plan had been presented to create a development of smaller lots on the parcel, but it was not approved and so the larger parcel became two one-family lots. I bought my plot of land possessing this knowledge. Privacy was my primary concern in choosing this lot. I surmised that the purchaser of the other parcel would also want the privacy the larger lot offered and would not likely build their house across my property line. My lot was extremely expensive for me as far as my finances were at the time. Because of the expense of the land, I built 2/3 of my modest home to afford it. When my finances allowed, I completed the other 1/3 of my home. The current owners bought their parcel of land knowing it was a one-family lot. They cleared trees and began construction on a substantial dwelling. They applied for a subdivision of the property and suddenly halted construction. Having already been divided once, it's is not right that they should be able to divide it again. They should not be allowed to change what has already been established. I'm against the requested land division because it will negatively impact my property value due to the significant loss of privacy caused by virtually having a house in my backyard. So, since receiving notice that two-acre zoning no longer existed, I guess, my proposal would be that the two-acre part would be divided into one-acre parcels and the other .4 acres surround that area and be forever green and that also Southold Town Planning Board Page 120 August 5, 2019 the one-acre lots not be able to clear more than 50% of the trees that are currently there. Chairman Wilcenski: Thank you. Just as a reminder to everyone in the audience that everything is being recorded and all of everyone's comments will be addressed by the Planning Board and staff. Would anybody else like to address the Planning Board on Liebert Standard Subdivision? Nicholas Planemento: Good Evening. Nick Planemento, 7160 Horton's Lane. I'm sort of debating whether or not to say something because by looking at the zoning code, I think the applicant is actually entitled to the lot subdivision, I'm just sort of saddened as a neighbor about the approach that the applicant has taken, whether there was a mistake made at a building permit prior to subdivision or pending subdivision or as some other result— I don't know, I'm not privy to this information — but the one thing noticed when looking at the proposed subdivision is there's an area that I'm not familiar with and as a resident of the Town of Southold and a business person locally, I really pride myself in my community local knowledge. The right of way access actually has a special label to it, the flagged area is carved out of the two lots and one of the things that I noticed which sort of— maybe it's unintentional, I don't know—the font yard setback, the zone requires a minimum front yard setback of 50 feet, the applicant with the existing house is at 60 feet but in one survey it illustrates a 25-foot buffer to protect the three neighboring homes in front of this potential subdivision but concurrently it also says "Right of way." The right of way is running parallel to the lot lines, so unfortunately, for those three homes—who, really, there's very little landscaping on their property, and I think the development over the better part of the last 60 years, starting with the Albertson house (more like 70 years) —we're limited that, there's no trees, there's no buffer and the difficulty, as I perceive it at least, is that if there's a driveway— a common driveway or driveway ultimately accessing this other lot—that really further encumbers and even devalues property of these three homes. The point that I want to make relative to the front yard setback of 50 feet where the survey illustrates the front yard of 60 feet of those lot lines and I don't quite know what the interpretation is. Is it, in fact, from Horton's lane where it's over 100 feet setback or from that lot line because of the unique carve out of the access road. But it would strike me as,that this particular home that's currently under construction will now need — if the subdivision is granted — a variance for front yard relief. So I would just like the board to reflect upon this, think about the quality of the neighborhood, certainly the Suffolk County water authority lands immediately to the east behind the subject and the nature of the community that Horton's Lane in particular, I pride myself for living there for one reason — and why I selected my home originally over 20 years ago —was the wooded nature of the community. The North Fork has a lot of open fields, beautiful sunny beach locations but the wooded nature of the Soundview Avenue, Horton's Lane neighborhood, I think is really interesting and —while I don't want to ever disrupt somebody's ability to have a home or make an investment—you know, there's two other homes that will be built in the near future in that immediate vicinity further denuding Horton's Lane of the natural vegetation that's at least been there for well over 50 if not 60 years and I just ask the board to sort of reflect upon perhaps how to even mitigate if and when there is a Southold Town Planning Board Page 121 August 5, 2019 granting and how to ensure that there is a 20 or 25 foot buffer between the rear yard of the existing houses and the newly constructed homes. Chairman Wilcenski: Thank you very much. Yes, we are considering — and it's been very preliminary at this point— but that would be one of the means of mitigation would be a buffer. Nicholas Planemento: Could you maybe even describe to the audience what that— sort of—the flag right-of-way is and how that calculates into the primary setback? Erica Bufkins: I'm the project manager. So, in respect to your question about the setback for the proposed house on Lot One there. That's something that we're going to have to speak further with the building department about just to discuss where they consider the front yard to be and how the setback will be taken from there so that we can address that issue because I agree with you on that setback area there, just for your information. Nicholas Planemento: That's helpful then, because that was really the one thing that I just think, it's particularly unfair to create an additional hardship for the applicant. Erica Bufkins: Agreed. Thank you. Chairman Wilcenski: Thank you, Erica. Thank you. Would anybody else like to address the board on Liebert Standard Subdivision? Elizabeth Liebert: Hi, I'm actually Elizabeth Liebert, one of the applicants for the subdivision. I just wanted to talk about the reason for doing it really and address some of the questions that were brought up. We purchased the land and met with the Planning Department before we started any of this process — before we started building —we wanted to make sure we did everything in line with what was supposed to be done. We made have made a mistake or two along the way or jumped the gun on things on not knowing and then kind of went back and discussed again and made sure we had everything in line. It's very, very expensive to live in this town — especially for a young couple and we have two small, young children. We're not quite sure of our intensions for the future of this other lot but we want to make sure our children are given the same opportunity that we're being given to live in such a great town. We also want and expect privacy from the neighbors; we plan to comply with any buffers and any trees and planting things. We haven't gotten around to any of that yet with it being so new and not being complete yet but we definitely plan to try to keep the privacy because we do also love that aspect of that neighborhood and I just wanted to introduce myself and I'm happy to answer any questions or speak to the neighbors privately or separately or something to make sure that everybody is at peace with what decides to happen because I obviously don't want to upset anybody or cause an uproar to the neighborhood or do anything that is going to take away from somebody else's life and home life and value. Southold Town Planning Board 'P a,g e 122 August 5, 2019 Chairman Wilcenski: Okay, thank you very much for that. And now-just as a reminder — all of the comments should be directed to the board. Would anybody else like to address the board on Liebert Standard Subdivision? Charles Cuddy: I just want to say the Liebert's have made an effort to try and do exactly the right thing with this site. I think they have and I think when the site is again reviewed, the setbacks would be appropriate. I believe that we will follow any recommendations the board gives in this process. Chairman Wilcenski: Thank you. Would anybody else like to address the board on Liebert Standard Subdivision? Anyone else? To reiterate, everyone's comments are being recorded and the application is still in the process of being reviewed so any comments will be taken into consideration in the review process. Is there anyone else who would like to speak in regard to Liebert? Chairman Wilcenski: Seeing none, can I have a motion to close the hearing? Martin Sidor: I make a motion to close this hearing. 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: 6:03 p.m. - Colton Acres Standard Subdivision —This standard subdivision proposes to subdivide 4.24 acres into three 1.2-acre lots in the R- 40 Zoning District. The property is located at +/- 275' west of Gillette Drive, East Marion. SCTM#1000-38-1-1.8 Chairman Wilcenski: At this time, if anyone would like to address the board, please step to the podium, state your name, write your name for the record and address your comments to the board. Martin Finnegan: Good Evening. I'm Martin Finnegan, Twomey, Latham, 56340 Main Road, Southold for the applicant. I'm joined this evening by Andrew Stolzenberg from DBB who is the project engineer. This is a 3-lot standard subdivision on a 4.24-acre parcel on the south side of the main road in East Marion, it's in the R-40 zoning district. Residential development dominates the surrounding area with established subdivisions Southold Town Planning Board Page 123 August 5, 2019 to the east, west and south. So the subject parcel, together with the adjacent 28-acre parcel, were created in April 2001 through the Planning Board's approval of the Cherepovich plat, which is essentially where the arrow is —that's 28 acres and then we're talking tonight about 4 acres right here. The Cherepovich family sought that subdivision with expressed intension of further subdividing the subject parcel here into 4 1-acre lots for their children's use. The development rights on the 28 acre parcel were simultaneously sold to the county so, although our client initially intended to create the same 4 lots that the Cherepovich's had sought to create, under the current town code, 4 and a quarter acres is not sufficient for that to happen. So, as such, our clients have agreed to forego the fourth lot to create only three lots that are entirely conforming to the dimensional criteria of the bulk schedule, in fact, each of the proposed lots actually exceeds the lot area requirements under the R-40 zoning proposed schedule. Each of the three lots is about 1.2 acres in size, no border— as the map shows a private access way terminating the cul-de-sac. I think what's critical to the discussion here is that the applicant has taken great strides to minimize the development as a heavily wooded parcel and in respect of that, they are going to be maintaining a significant buffer around these properties backed — it's essentially approximately 60 feet—to the rear of these so all of the neighboring development to the west will continue to be buffered an even the views to the north will also continue to be buffered. As such, the view shed will be largely undisturbed. I think the development will essentially be invisible to everybody so at this pint— as everybody here knows —we've reviewed this in some detail with both the Board and the staff. We've incorporated the suggested revisions to the map and we submit that the proposed subdivision is entirely consistent with applicable zoning with no perceivable impacts. Chairman Wilcenski: Thank you, would anybody else like to address the board? David Lancher: My name is David Lanchner, I'm a co-owner along with my sister for 725 Shipyard Lane. Our house was originally purchased by my mother in 1998. I've only discovered the plans for this development on Friday by the sign that's posted in front of it. I understand that a certified was sent out, I never received it. I have since Friday, been able to speak with a majority of my fellow Shipyard Lane residents who are affected by this - five of the nine tax plots. I have to say that none of us are happy with this and all of us would like to see this project stop dead. Whether that's possible is another matter. I question why Southold Town is choosing to develop agricultural land, land that zoned for agriculture when that's clearly lacking in this county. This is also prime farm land according to the development plans. But beyond that, there are a number of issues that the plan seems to raise to my mind. It's supposed to be an archeological sensitive area, according to the plan. I'd like to know more about what that means, I'd like to see an independent report on that and exactly what the impact will be. Are we using a valuable archeological heritage with this project? That would be a shame. Equally, the project is next to some listed bats, again, how will this impact their environment? These seem to be questions that are much glossed over in the report. It's also next to a natural community per the New York State Department of Environmental Development and I'd like to know as well what the impact on that would be. Beyond the impact on all of the residents on Shipyard Lane, the gentleman who has Southold Town Planning Board Page 124 August 5, 2019 spoken just before me said that he thought the development would be virtually invisible, there's a lot to speak about Gillette Lane but it's really Shipyard Lane that's most affected here and I can tell you that I and all of my fellow residents, we treasure the privacy that the wooded area provides us and the farm field as well and none of us purchased this land with the idea that it would be converted from agricultural land, from forest land to exceptionally large houses that are also out of character of Shipyard Lane and Gillette as well. These are very large structures. We have no idea what they'll look like, that's also of concern, we'd like to have some kind of say about what they look like — make sure they're not eye sores that further decrease the value of our own properties. The setback at 50 feet seems —the gentleman mentioned 60, but the plan said 50 —the 50 foot setback seems inadequate to me given that the lot sizes — if I'm not mistaken — are 250 feet across. I think it should be — if this project does go through — I think the setback should be considerably more. I think it should also be larger on the side. The road itself has a roundabout and I really question whether the roundabout has to be as large as it is and I'd like to see —there's one in the middle of the plan, it says "wooded area" on one lot, the other lots have nothing called a "wooded area," I have no idea what the intention is, in terms of those trees. Equally, this is a major—three very large houses is all the same a pretty significant construction project and I'm worried about what that will do in terms of noise pollution, unintended consequences, rodents coming in, I'd like to see a bond set up by the developer so that any unintended damage or costs can be covered. I also really— my neighbors, I talked to them all today 5 of the 9 because I only found out Friday—they're not used to this process, they're not used to the letter they received, they don't understand it's significance, the whole process seems rushed to me. Finally, if it does go through, I think that the residents of Shipyard Lane deserve to have a say about when construction goes on, what period of year and for how long and I suppose that's it, let me just see if there's anything else I'd like to mention here... Well of course we'd love it if Southold would use its right and domain and buy this property but I suppose that's not very likely. That concludes my remarks, thank you very much. Chairman Wilcenski: Thank you. A question for Martin, do you know if we have the receipts if we've notified all of the neighbors, this gentleman said he did not receive a certified green card? Martin Finnegan: We filed every one that we have, all but two we received back so I believe that we filed the affidavit on Friday at the last minute because we had a decent amount and I'm not sure which —whether this young man was one of those two. We did send them all out. Jessica Michaelis: They did send them all. Chairman Wilcenski: Thank you, sir for your comments. Everything is being recorded and your comments will be addressed. Would anybody else like to address the board? Yes? Southold Town Planning Board Page 125 August 5, 2019 Christina Lefkowitz: I bought my home from - My name is Christina Lefkowitz, I'm here with my husband, Jay Lefkowitz. We own the corner property and I purchased it from the Cherepovich family. We are deeply affected by changing a private dirt road into a double lane street with a street light entering into a cul-de-sac. When we purchased our home from the Cherepovich family, we were told that the private road and that 4-acre residential parcel was for a big family home — a farmhouse. Never did I expect this to happen, you can see my property if you enlarge that— can I submit this to you while we discuss this? Chairman Wilcenski: Sure, you can bring that up. Christina Lefkowitz: Yeah, I have actually a number of copies here. You'll see a brief, description of my outline and the adjoining blown-up maps of my area and the property in question. If you take a look at the screen there, you can blow that up and zoom in on the corner house on the main road, I'm 6300 main road. We can zoom in — look here — you can see my—to the right—that's my property, okay? I'm most concerned about changing a private driveway into a double lane road with a street light. My property is deeply affected in a negative financial position from a double lane road with a street light. So here's something I wrote, I've never been in Town Hall before under this circumstance so excuse my ignorance but this is what I wrote: "Colton Acres Subdivision in a Historic District: Subject property is located in an archeologically sensitive area per New York State Historic Preservation Office. The owners of Colton Acres are seeking approval to change a private driveway into a double lane road with a street light to access property and create a cul-de-sac subdivision of new homes. There are many concerns including traffic, entrance way, safety, parking, etc." So my questions are this and then I'll continue: Do the homes have a garage? Wil the homeowners park on the road? Who will be responsible for the road? Okay, here's my objections: To have a private driveway versus a street road and access for a cul-de- sac. Where is my buffer for the street road? You talked about buffering the east, the west, the north, the south. Where's the buffer on my property for a street road? A double lane road. This is not a Town road, this is a private driveway. So I want to know where my buffer is. Where is my right of way? And where is my easement? They're proposing to — I mentioned the,street light again so that is in direct conflict with quiet enjoyment of my historic farmland environment and everyone else affected by it as well. The proposal also says the removal of an existing fence. That fence that they put in when they bought the property is a perfect solution to not having people trespass on my property which has happened before by the farmers renting the property. There is no room for a double lane road, it's a private driveway. The history that I've experienced in the years of living there is when the tractors would come by with the farmland, their vegetables grew out the road got narrow, they took their tractors right over my grass. They trespassed on my property. It was seasonal, the farmers changed from time to time so when the new owner built the fence, I was delighted! I said "Great! No trespassing on my property!" So they propose to remove that fence and replace it. Why remove a fence that you put up, it was well constructed, it divides the property, it's a barrier fence, it's a property line fence. You want to build a road or whatever it is the Southold Town Planning Board Page 126 August 5, 2019 Town will approve of? Leave the fence there, give me the protection, the security and the right to privacy and I have some notes here in terms of that. It protects and secures, providing safety adjoining residential property lines. Putting a road there is detrimental not only to my property and well-being but the safety-of my home. Now having said that, increased traffic congestion: I barely get out of my driveway now. There's Pebble Beach Farms across the street, there's traffic going back and forth through the town to Orient Ferry as well and I barely get out of my driveway now. So having a driveway adjacent to mine; if they're building three homes, perhaps there'll be four cars at each home— family of four, perhaps there'll be six—who knows? So we're dealing with four times three homes, approximately, that's twelve additional cars or vehicles, whatever they have, trucks or whatever, okay? And then we have emergency vehicles, mail trucks, delivery trucks, utility trucks, snow plows, landscapers, property maintenance and forgot to include sanitation. We have all this traffic going through that small private driveway, it's not a road, it's a driveway! If you go up and down and you go to Orient, you will see private driveways, dirt roads, leading to nice homes where is says "No trespassing, Private Driveway." That is a private driveway! That was not made for a cul- de-sac. Okay. So that's my point there. Okay. Then you have the wooded area which they talk about clearing but they say nothing about it being properly landscaped. You go to clear, which is now a brush, wild woodland, the trees are falling over each other, that property has never been developed, I's never been used and it's a jigsaw puzzle at best. I know, I face the property; I've cleaned up the property when things blow on it. It's raw, it's organic and trees are falling on top of each other. So you go in and clear a small space for a house, what happens to the rest of the wooded area that they're notating on their property? That creates a domino effect of dangerous trees on all the neighboring properties adjacent to the area. It's a mess, they're not going to be able to go in there and just clean a spot for a house. What they should do — if permitted by the Town, and I'm opposed to three homes — but if the town permits building there, they should put proper trees, evergreens and make the property look like something instead of, it's a historic site, and they're going to leave these 70 - 80 foot trees falling on top of each other and endangering the neighboring homes. Okay. That being said, sure you have copies to read that I submitted. Okay, then the legal terms of the construction, I didn't have time because of the short notice to read it all because I am working full-time — but on the construction notes on the first few pages there — it says "Legal terms as stipulated," I put a note here: "Legal terms as stipulated on page three construction notes number five of building plan." It says "any damage to the public right of way or neighboring properties as a result of construction activities shall be immediately repaired at the contractor's expense to the satisfaction of the engineer." Well, hello! I'm not an engineer, I'm a neighbor! How about satisfaction of the neighbors? I don't think that there's a sufficient statement in there guaranteeing the neighboring property. That's all I have to say, thank you very much, and I hope others in the community will get up as well. Chairman Wilcenski: Thank you very much. We have your written comments will be submitted into the record. Please sign your name for the record. Would anybody else like to address the board on Colton Acres? Southold Town Planning Board Page 127 August 5, 2019 David Lancher: I'd just like to add one thing. Again, David Lancher from 725 Shipyard Lane. The issue of traffic: There's a lot of traffic on that road already, the one additional traffic source that this kind woman failed to mention was the Lavender Farm which is a huge source of traffic at the moment. It's just a couple of blocks — it's very close by and it's visited by busloads of people from the city every day. I'm sure you're all familiar with it but it's all I wanted to add. Chairman Wilcenski: Thank you. Anybody else want to address the board on Colton Acres? Jay Lefkowitz: Jay Lefkowitz, 6300 Main Road, East Marion. When you talk about a development, and I was in construction for quite some time and you got a road that's over 300 feet long and when it snows out here, that snow's got to go somewhere. Now as it is, we have access to watching what they do over there at Pebble Beach Farms and they have a private contractor come in there and remove the snow and do what they got to do, we do what we have to do. We never put any snow on the main road ever, I'm wondering what they're going to do because they're enclosed by the farmland that's surrounding this road that they're putting in. We're talking about a 16 foot wide or 25 foot wide, 300 — 500 foot road. That's a lot of snow to put somewhere; where's it going to go? I mean, these are things that you need to address. I know they address like drainage and things of that nature, which above and beyond most of us because that's a very detailed map that they have on the plans but let's just think that it snows here and if it snows bad, which it hasn't really lately, what are they going to do with it? Are they going to push it out into the main road and just hope the snow plows push it down the road a little bit? Or are they going to have the system in place to deal with it? And as far as the other construction traffic, it's like: where are they going to put all of this stuff to build this? It's like they said in the plans they got like an area to put the wood pile and the this and the that to protect the soil but in reality, you've got this small 4 acres and then the rest is supposed to be farm. So are they going to use part of the farm to do all of this work? Where are these people going to park their cars when they come here to work to do all of this? Where are they going to park the tractors and all the dump trucks and things that come in and out? And we've watched this with Pebble Beach Farms for years, the amount of trucks and traffic that goes into that place when they're building stuff is like, you wouldn't believe. You'd think they're building a small city in there. Well this is only four acres, I think there's like, what? 160 acres at Pebble Beach Farms. Four acres, three houses and this is going to be like an army of people coming and going for quite some time. So as we're suggesting, it's like: What is the scope of the nature of doing this construction. Are they going to build one house at a time? Or are they going to do the whole job all at once? How long is that going to take? A year? Two years? And there's a lot of details that haven't been mentioned that I don't want to bring up now because who knows if they're really going to build this or not but: Entrance way— are they going to have monuments to outline the property? Are they going to have lights outside? Are they going to have some signs, like they do across the street at Pebble Beach Farms? And how are they going to mitigate some of the traffic problems because you know, in the 17 years that we've been here, there have been more than two accidents right outside of that Pebble Beach Farms where they slammed Southold Town Planning Board Page 128 August 5, 2019 into their signs and took them out and they had to be rebuilt a couple of times. So it's a consideration, we have a problem with traffic, everybody knows that and there's like, nothing we can do about it and we just live with it. So we keep adding to the problem, without a real solution, well maybe it's time to start thinking about that. And that's all I have to say, thank you very much. Chairman Wilcenski: Thank you. Thank you for your comments. Would anybody else like to address the board? Anne Murray: My name is Anne Murray; I live in East Marion on Rocky Point Road. I am also concerned about the traffic involved with this project and It's unclear to me the access road to these homes, will that a private road? Number one. Chairman Wilcenski: Yes. Anne Murray: And how wide is it going to be? Will it be two lanes, an in and out lane, or just one? Chairman Wilcenski: No, it's 25 feet. A right of way of 25 feet wide. Anne Murray: Okay. And will there be an electric light at the end of that drive? Chairman Wilcenski: No. Anne Murray: Okay. Okay, yeah, I have a lot of concern about the traffic as the Lefkowitz' have said, it's a really dangerous place. With them trying to get out of their driveway and the traffic with Pebble Beach Farms, the Lavender Farm, the ferry, etc. and we all know past the blinking yellow light in Greenport, there's only one road to Orient so in the summertime, we really do get slammed and we also have the problem of speeding traffic and the other question I had was: it was unclear to me from looking at the maps outside, what is the square footage going to be total for each one of these homes? Chairman Wilcenski: I don't believe that has been determined at this time; I don't think they need to. Anne Murray: I think I saw something that said 850 square-feet but that was just for the first floor so I don't know how high they would go or ultimately what it would me. Chairman Wilcenski: I can't answer that at this point. Anne Murray: Okay, and I'd also like to make a point that that neighborhood has historically been sort of one-family homes that have been around for quite some time as opposed to a lot of big mansions going up around Southold Town these days and I hope sincerely that the builder will not be putting up really outsized homes that will dwarf the neighbors on both Shipyard Lane and Gillette Drive. I think that would be very Southold Town Planning Board . P a g e 129 August 5, 2019 sad as we all know the Town right now does not have a limit on house size so it's very possible that this could occur. Thank you. Chairman Wilcenski: Thank you. Would anybody else like to address the Board on Colton Acres? Anyone? Martin Finnegan: Just to wrap it up, obviously we've heard the comments and we most certainly will follow up with the Board and with staff and discuss any other modifications that will need to be made. What the applicant is seeking here is nothing more than what is permitted under the town code and there's nothing more to it than that, so I think historically anybody who looks at the history of this property, this subdivision - actually a four lot subdivision —was what was contemplated for over twenty years - so this is a three lot subdivision compliant with Town code and we appreciate your consideration. Chairman Wilcenski: Thank you. Everybody's comments and thoughts tonight will be taken into consideration through the application process. Would anybody else like to address the Board? Yes? Christine Lefkowitz: Just one more comment if I didn't make myself clear, I see no reason why they have to remove the fencing that they put up, it divides my property and I am the main corner property here. I'm affected on two sides, I'll have a road adjacent to my property and I want to protect my safety as well. The fence that they installed, I'm requesting that it remain so that there is no trespassing on my property and they can use whatever ample space they need for their own traffic so I'm requesting that that fence that they installed which is on the property line, dividing the property, remain. Chairman Wilcenski: Okay, thank you very much for your comments. Christine Lefkowitz: Thank you. Chairman Wilcenski: Would anyone else like to address the Board on Colton Acres? Anyone? Seeing none, can I get a motion to close the hearing? James H. Rich III: I make a motion to close the hearing. Mary Eisenstein: Second. Chairman Wilcenski: Motion made by Jim, seconded by Mary. Any discussion? All in favor? Ayes. Opposed? None. Southold Town Planning Board Page 130 August 5, 2019 Motion carries. Chairman Wilcenski: 6:04 p.m. - North Fork Self Storage #3 —This Site Plan is for the proposed construction of one (1) 2 - story self-storage building at 40,500 sq. ft., two (2) 1 - story self-storage buildings at 5,300 sq. ft. and 6,700 sq. ft. as Phase One and two (2) RV Carport structures at 10,800 sq. ft. and 10,125 sq. ft. as Phase Two, with 62 parking stalls on 3.7 acres in the Light Industrial Zoning District. The property is located at 65 Commerce Drive, Cutchogue. SCTM#1000-96-1-1.3 Chairman Wilcenski: At this time, if anyone would like to address the Board on North Fork Self Storage, please write your name, state your name and address your comments to the Board. Abigail Wickham: Good Evening, Abigail Wickham, Mattituck, representing the applicant. I guess, buffer topic is the topic of the evening tonight and on this matter, we have no exception; there has been an awful lot of discussion with the board on the question of buffers, as well as other aspects of this project. The amended map, which you are looking at tonight, meets or exceeds the 100 foot buffer required by the Covenants and Restrictions. We think that the project is consistent with code and the adverse impacts have all been addressed so in this LI zone, where you can have significantly more intensity, we think this is a modest proposed use and we ask the Board to approve it. If they have any questions, we're here to hopefully answer them. Thank you. Chairman Wilcenski: Thank you. Would anyone else like to address the Board on North Fork Self Storage? Anyone? Does any staff or Board members have any questions for Ms. Wickham? Hearing none, seeing none. James H. Rich III: I make a motion to close the hearing. Mary Eisenstein: Second. Chairman Wilcenski: Motion made by Jim, seconded by Mary. Any discussion? All in favor? Ayes. Opposed? None. Motion carries. Southold Town Planning Board Page 131 August 5, 2019 APPROVAL OF PLANNING BOARD MINUTES Chairman Wilcenski: We need a motion to approve the board minutes from: • July 8, 2019 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: I'd like to make a motion for adjournment. 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 132 August 5, 2019 There being no further business to come before the Board, the meeting was adjourned. Respectfully submitted, („J Jessica Michaelis Transcribing Secretary Donald J. Wilcenski, Chairman RECEIVED NOV 8 2010 0', So hold Town Clerk