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HomeMy WebLinkAboutPB-05/12/2003MINUTES May 12, 2003 6:00 p.m. Present were: Bennett Orlowski, Jr., Chairman Richard Caggiano, Member William J. Cremers, Member Kenneth L. Edwards, Member Martin H. Sidor, Member Mark Terry, Senior Environmental Planner Bruno Semon, Senior Site Plan Reviewer Victor L'Eplattenier, Site Plan Reviewer Carol Kalin, Secretary Chairman Orlowski: Good evening. I would like to call this meeting to order. The first order of business is to set Monday, June 9, 2003, 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. Mr. Cremers: So moved. Mr. Edwards: Second. Chairman Orlowski: Motion made and seconded. All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. Chairman Orlowski: Opposed? The motion carries. PUBLIC HEARINGS Chairman Orlowski: 6:00 p.m. - Omnipoint Communications, Inc. - This proposed site plan is to co-locate up to twelve communications antennas on an existing monopole and install related equipment and fencing. The property is located on the north side of CR 48, 750' west of Cox's Lane, Cutchogue. SCTM#1000-96-1-19.1 Southold Town Planninq Board Pa.qe Two May 12, 2003 Jacqueline Caputi, Esq.: I am here if you have any questions. I am Jacqueline Caputi. I represent Omnipoint Communications. We also have the engineer here who prepared the - architect, rather - who prepared the site plan, if you have any questions. Chairman Orlowski: O.K. Jacqueline Caputi, Esq.: I don't know if you want me - I figured you did not really want me to make a presentation. I did speak to Victor about the application. Chairman Orlowski: I don't have any questions right now. I don't know if the Board does. (There were no questions from the Board Members.) Ms. Caputi: O.K. Thank you very much. Chairman Orlowski: Would anyone else like to make a comment? O.K. Hearing none, are there any questions from the Board? (There were no questions from the Board.) I will entertain a motion to close the hearing. Mr. Edwards: So moved. Mr. Cremers: Second. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. Chairman Orlowski: Opposed? The motion carries. (The hearing was closed at 6:08 p.m.) What is the pleasure of the Board? Mr. Cremers: Mr. Chairman, I'll offer the following: WHEREAS, Omnipoint Communications, Inc. is the lease holder and Arthur Junge is the owner of the property known and designated as Omnipoint Communications, Inc. Antenna Site, located on the north side of CR 48 in Cutchogue; SCTM 1000-96-1-19.1; and WHEREAS, this site plan for Omnipoint Communications, Inc. is to affix up to twelve wireless telecommunications antennas to an existing monopole and install a related equipment shelter; and WHEREAS, this site plan was certified by the Building Department on May 10, 2003; and Southold Town Planninq Board Pa.qe Three May 12, 2003 WHEREAS, the Town Engineer has reviewed the drainage calculations and the Planning Board has accepted his recommendation for approval; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, declared itself lead agency and issued a Negative Declaration on January 13, 2003; and WHEREAS, a variance was granted by the Zoning Board of Appeals (Application No. 5232) on March 20, 2003 to allow the placement of an equipment building at less than the required 70 feet from the rear property line and further required additional landscape buffering on the west and southwest side fence area; and WHEREAS, a final public hearing was closed on said application at Town Hall, Southold, New York on May 12, 2003; and WHEREAS, all the requirements of the Site Plan Regulations of the Town of Southold have been met; be it therefore RESOLVED, that the Southold Town Planning Board grant final approval on the surveys, dated August 16, 2002 and last revised January 16, 2003, and authorize the Chairman to endorse the final surveys subject to a one year review from the date of the building permit. Mr. Edwards: Second the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. Chairman Orlowski: Opposed? The motion carries. Chairman Orlowski: 6:05 p.m. - Marvin, Edgar & Arlene - This proposal is for a cluster subdivision of 2 lots on 2.081 acres. The subdivision is located on the south side of Jackson Street, 431.57' west of Fifth Street, in New Suffolk. SCTM#1000-117-10-9 Valerie Marvin, Esq.: Hi. I am Valerie Marvin and I represent Edgar and Arlene Marvin and I also am just here for questions. I don't really have a comment except to return your posting and the last green card which came in on Saturday. I'm here for any questions. Chairman Orlowski: O.K. Is that the last card - all of them have been out? Valerie Marvin, Esq.: The rest were returned to the Planning Board Office last week. Would you like me to bring them forward? Southold Town Planninq Board Pa,qe Four May 12, 2003 Chairman Orlowski: O.K. Any other comments on this subdivision? Hearing none, any questions from the Board? (There were no questions from the Board Members.) O.K. I will entertain a motion to close the hearing. Mr. Edwards: Second the motion. Chairman Orlowski: Motion made and seconded. All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. Chairman Orlowski: Opposed? The motion carries. (The hearing was closed at 6:11 p.m.) What is the pleasure of the Board? Mr. Cremers: Mr. Chairman, I'll offer the following: WHEREAS, the Southold Town Planning Board has accepted the yield map, dated November 18, 1998, showing a total of 2 lots; and WHEREAS, the proposed minor subdivision is a clustered subdivision of 2 lots on 2.081 acres in the R-40 Zoning District; and WHEREAS, the Southold Town Planning Board granted sketch plan approval on June 14, 1999 on the map dated May 26, 1999; and WHEREAS, the Southold Town Planning Board, acting under the State Environmental Quality Review Act, performed an coordinated review of this Unlisted Action and granted a Negative Declaration; and WHEREAS, the Cutchogue Fire District released the applicant of the firewell requirement on April 4, 2003; and WHEREAS, the Suffolk County Department of Health issued a permit for the action on November 2, 2002; and WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has received affidavits that the applicant has complied with the notification provisions; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; be it therefore RESOLVED, that the Southold Town Planning Board grant conditional final approval on the maps, dated as revised September 25, 2002, subject to the following condition. This condition must be met within six (6) months of the resolution: Southold Town Planninq Board Pa,qe Five May 12, 2003 The Planning Board reviewed the park and playground requirement. As per Section 106-38 of the Subdivision Regulations, the amount to be deposited with the Town for park and playground services is now $5,000 per lot for each vacant lot in the subdivision. A Park and Playground Fee of $5,000 will be required prior to any endorsement of the subdivision by the Planning Board. Mr. Edwards: Second the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. Chairman Orlowski: Opposed? The motion carries. Chairman Orlowski: 6:10 p.m. - Bayview Overlook at Southold - This proposal is to set off an 8.00 acre parcel from an existing 24.043 acre parcel located on the north side of North Bayview Road, approximately 600' east of Reydon Drive in Southold. SCTM#1000-79-5-20.13 Are there any comments or questions on this proposed set-off? Abi,qail Wickham, Esq.: Good evening. My name is Abigail Wickham on behalf of the applicant. I think you've heard from the applicant over the past several months on this. If there are any further questions, I would be glad to try to answer them. Chairman Orlowski: O.K. Do you want to step up and give your name please? Geor,qe Barry: My property is adjacent to this property that wants to be subdivided. If this goes through, my question is: Is he eligible to have two subdivisions now - like if he busts off this eight acres for a division and there are still sixteen acres left, is he entitled to two subdivisions? Chairman Orlowski: The eight acres is not to be subdivided in perpetuity. Geor,qe Barry: It is undevelopable land, right? Chairman Orlowski: It is already done. It will not even be entertained. Geor,qe Barry: That's what I thought but I just wanted to clarify that. Chairman Orlowski: The other part could be - the other section. Geor,qe Barry: Because that is still a major subdivision, right? So, that is still under the moratorium? Southold Town Planninq Board Pa.qe Six May 12, 2003 Chairman Orlowski: Yes. Geor.qe Barry: O.K. That's why I asked. Tracy Orlando: Mr. Chairman, I would like to read into the record the letter from Vincent Orlando that you received, I believe, this morning. Chairman Orlowski: Could I have your name, please? Tracy Orlando: His wife, Tracy Orlando. Chairman Orlowski: Tracy - O.K. Tracy Orlando: "As per the above-mentioned application, which is located directly east of Brook Estates, I, Vincent Orlando, was authorized as Vice-President of Brooks Estates to respond to this matter. Brook Estates does not have a particular problem with the eight-acre set-off as long as the following conditions are applied to the proposed set-off: As highlighted on the attached tax map, you can see that Brook Estates is surrounded by a beautiful wooded green belting which supplies us with privacy as well as enjoying the natural wildlife of our community. Brook Estates requests a 100' conservation easement or "non-disturbance" buffer zone to be implemented to the set- off application. The proposed property set-off is a R-40 Zone, which requires a 50' front and back yard setback. The approximate 400' wide lot is more than adequate to support a large house or homes with a large back and front yard and still have a 100' conservation easement along the westerly property line running north and south. The reason for this request is that if they build to the property line, people historically will encroach on open unmaintained wooded lots, so the homeowner would encroach on Brook Estates green belting. We feel we need to protect our greenbelt with another green belting. If the above condition is applied to the application for the eight-acre set- off, Brook Estates will not opposed this request." Thank you. Chairman Orlowski: O.K. Thank you. Are there any more comments on this? Pat Boyle: My name is Pat Boyle and I am adjacent to the eight acres. I just have a question because there seems to be some confusion, at least on my part. The eight acres - now that's across the private road from where I am? He knows where the property is. It's across from Berrys, Rocchettas, Boyles - Mr. Hurtado (Owner, Bayview Overlook): Right. Ms. Boyle: So, now you said that eight acres is not developable? Chairman Orlowski: No, that eight acres will not be subdivided in perpetuity. Pat Boyle: What's in perpetuity mean? Chairman Orlowski: As long as life goes - as time goes on. Southold Town Planninq Board Pa.qe Seven May 12, 2003 Pat Boyle: So, that eight acres will stay the way it is. Chairman Orlowski: Yes. (Simultaneous discussion.) Pat Boyle: So, now that leaves that other sixteen acres up for development. Chairman Orlowski: But we have a moratorium going on right now so nothing is happening. Pat Boyle: For how long? Chairman Orlowski: You will have to ask the Town Board that. Pat Boyle: I mean when is it set to expire? Wasn't it set six months or twelve months when it was originally put in? Chairman Orlowski: Middle of August. Pat Boyle: Middle of August and then it could go longer or it could just end. Chairman Orlowski: It could. Pat Boyle: We don't know. Chairman Orlowski: We do know that we are creating an eight acre lot with a house already existing on it which is what we are looking at tonight and to be covered in perpetuity never to be subdivided no matter what happens. Pat Boyle: O.K. Thank you. Chairman Orlowski: O.K. Anybody else have any comments? Alan Wexler: My name is Alan Wexler. I live at 10900 North Bayview, across the street from the property. I'm not really prepared - I would like to also propose a hundred foot of treed, undisturbed forest across the street from that property. So that - because your talking about adjacent to Brook Estates only - in that proposal, there would be one hundred feet along the road front also on North Bayview. Unidentified Speaker: I believe the proposal only addresses the west side. Alan Wexler: I am proposing that it also - that the proposal extends along North Bayview Road also. Chairman Orlowski: Well, as it exists right now, I mean we are looking to create this eight acre lot in perpetuity and what happens later on, I mean, that could be tied up in Southold Town Planninq Board Pa.qe Ei.qht May 12, 2003 SEQRA, in whatever they do in the Town. The code is changed to allow that type of a buffer but right now we can't address that or put it into a resolution in this hearing. O.K.? Alan Wexler: O.K. Chairman Orlowski: Any other comments? (There were no further comments.) I will entertain a motion to close the hearing. Mr. Edwards: So move. Mr. Cremers: Second. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. Chairman Orlowski: Opposed? The motion carries. (The hearing was closed at 6:20 p.m.) Does the Board have a pleasure? Mr. Ca,q,qiano: Mr. Chairman, I'll offer the following: WHEREAS, the applicant proposes to set off an 8 acre improved parcel (2), located within the R-40 Zoning District, from a 24.04 acre parcel (1), located within the R-40/A-C Zoning Districts; and WHEREAS, a Stage I Archival Search and Archeological Survey and Natural Resource Survey has been conducted by the applicant for the property; and WHEREAS, the Southold Town Planning Board, acting under the State Environmental Quality Review Act, performed a review of this Unlisted Action, established itself as lead agency, and as lead agency, made a determination of non-significance and granted a Negative Declaration on November 4, 2002; and WHEREAS, as a condition of approval for the proposed application, the applicant has executed and filed a covenant on Parcel 2 (8 acres) stating that "no further subdivision of Parcel 2 into perpetuity is permitted" with the Suffolk County Clerk's Office on February 4, 2003; and WHEREAS, the Southold Town Planning Board granted conditional sketch plan approval on February 10, 2003 and all conditions have been met; and WHEREAS, the Suffolk County Department of Health Services approved the action on February 7, 2003; and Southold Town Planninq Board Pa.qe Nine May 12, 2003 WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has received affidavits that the applicant has complied with the notification provisions; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; be it therefore RESOLVED, that the Southold Town Planning Board grant conditional final approval on the maps, dated as revised July 9, 2002, subject to the following conditions. These conditions must be met within six (6) months of the resolution: 1. The map, dated as revised July 9, 2002, shows proposed accessory structures within the Town of Southold Town Trustees and New York State Department of Environmental Conservation jurisdictions. Please submit all applicable permits or letters of non-jurisdiction for the proposed accessory structures or submit final & mylar maps without the proposed accessory structures. 2. The Planning Board reviewed the park and playground requirement. As per Section 106-38 of the Subdivision Regulations, the amount to be deposited with the Town for park and playground services is now $5,000 per lot for each vacant lot in the subdivision. A Park and Playground Fee of $5,000 will be required prior to any endorsement of the subdivision by the Planning Board. 3. The submittal of 3 paper and 3 mylar maps approved by the Suffolk County Department of Health. Mr. Edwards: Second the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. Chairman Orlowski: Opposed? The motion carries. Chairman Orlowski: 6:15 p.m. - Breezy Sound Corp. - This proposed site plan is for a 68-unit motel complex. The property is located on CR 48 in Greenport. SCTM#1000-45- 1-2.1 Are there any questions or comments on this site plan? Patricia Moore, Esq., 51020 Main Road, Southold, attorney for the applicant: Mr. Chairman, Breezy Sound has obtained special permits, obtained a wetland permit from the Trustees. I think you now have in your files a DEC permit for the stairway down to the beach which is also included in your site plan. We have a letter of non-jurisdiction Southold Town Planninq Board Pa.qe Ten May 12, 2003 based on the fact that anything above the ten foot contour is not in the jurisdiction of the DEC. You have that in your file as well. We have a letter from the DOT. The permit is sitting on Mr. Cappenello's (sp.?) desk at DPW for him to return on Wednesday from a Florida vacation. You have a letter stating that the permit is to be issued. I think you have everything you need. We are awaiting the Health Department and their review and they are very backed up. So, as soon as we have that, then we hope that the final approval can be granted. Thank you. Chairman Orlowski: Any other comments on this site plan? Don Henry: My name is Don Henry and I am here on behalf of San Simeon and I am just curious as to how the berm that exists now will be maintained or restored and also what the potential height of the buildings in this development would be? Chairman Orlowski: Did you see the plan out there? Don Henry: I saw the plan but I did not have much time to study it. Patricia Moore, Esq.: The elevations would not be up there. I have them if you would like to take a look. The elevations will meet the Code which does not allow anything exceeding - 35 feet is the maximum height. There are two stories. As far as the berm, we have a planting plan that has actually been prepared and we can show that to you, if you like, in the hallway. There is - the berm - it's a natural berm that's going to be maintained and just improved with a landscape plan. Don Henry: O.K. Thank you. Chairman Orlowski: O.K. Are there any other comments? (There were no further comments.) Any questions from the Board? (There were none.) Irene O'Brien: I wonder if there is going to be a traffic light up there? I am a sister of Rose McCann. She has a piece of property to the west. Is there going to be a traffic light going on up there or anything? Ms. Moore: It hasn't been recommended by the DOT; I would assume not. Irene O' Brien: Because you can't see. If she builds a house there, you still can't see coming around that corner too good and I was just wondering. Chairman Orlowski: They have a DOT curb cut. Irene O' Brien: And I would like some papers on it about the construction because she lives right nextdoor. Ms. Moore: We can show you whatever you want. Irene O' Brien: O.K. That's all I just wanted to know. Southold Town Planninq Board Pa.qe Eleven May 12, 2003 Chairman Orlowski: O.K. Any other comments? Hearing none, any questions from the Board? (There were no questions from the Board.) I will entertain a motion to close the hearing. Mr. Edwards: So move. Mr. Cremers: Second. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. Chairman Orlowski: Opposed? The motion carries. (The hearing was closed at 6:27 p.m.) Want to do one, Marty? Mr. Sidor: Yes. WHEREAS, this proposed site plan, to be known as site plan for Breezy Sound Motel in Greenport, is to construct a new 68 unit motel with a pool house for motel guests and a manager's apartment unit, located on 7.13 acres on the north side of CR 48; and WHEREAS, Breezy Sound Corp. is the owner of the property known and designated as Breezy Sound Motel, CR 48, Greenport, SCTM # 1000-45-1-2.1; and WHEREAS, a formal application for the approval of this site plan was submitted on December 1, 2000; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act (Article 8), Part 617, declared itself lead agency and issued a Negative Declaration on July 8, 2002; and WHEREAS, the Zoning Board of Appeals granted a Special Exception (Application No. 4942) on March 20, 2003 to establish a 69 unit motel with kitchenettes for rental on a daily or weekly basis and required that the resort motel be closed from January 15th through March 15th of each year; and WHEREAS, the Southold Town Board of Trustees approved a Wetlands Permit on November 27, 2001, and revised on January 7, 2002, identifying a freshwater area and establishing a 50 foot non-disturbance area from the flagged area, and a 50' non- disturbance buffer on top of the bluff line; and WHEREAS, on March 20, 2001, the Architectural Review Committee reviewed and approved the proposed site plan design elements; and Southold Town Planninq Board Pa.qe Twelve May 12, 2003 WHEREAS, the Town Engineer has reviewed the drainage calculations and the Planning Board has accepted his recommendation for approval, including the requirement that the Town Engineer perform a final inspection of the interior roads and parking areas prior to issuance of the final Certificate of Occupancy; and WHEREAS, this site plan, dated October 3, 2001, and last revised August 2, 2002, was certified by the Building Inspector on May 10, 2003; and WHEREAS, the applicant hereby agrees and understands that if the site plan which receives stamped Health Department approval differs in any way from the proposed conditional site plan on which the Planning Board held a public hearing and voted on, then the Planning Board has the right and option, if the change is material to any of the issues properly before the Planning Board, to hold a public hearing on this "revised "site plan application and review its conditional approval; and WHEREAS, on May 1, 2003, the applicant signed a statement agreeing not to object to a new public hearing and Planning Board review of the revised application; and WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has received affidavits that the applicant has complied with the notification provisions; and WHEREAS, all the requirements of the Site Plan Regulations of the Town of Southold have been met; be it therefore RESOLVED that the Southold Town Planning Board grant conditional final approval on the surveys, dated October 3, 2001, and last revised August 2, 2002, subject to fulfillment of the following condition. This condition must be met within six (6) months of the resolution: 1. Review by the Suffolk County Department of Health Services. Mr. Cremers: Second the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. Chairman Orlowski: Opposed? The motion carries. Chairman Orlowski: 6:20 p.m. - Morton, Keith S./Gemma, Pasquale A. - This proposed lot line change will transfer. 15 acres from a 17.60 acre improved lot (SCTM#1000-26-1-32.1 ) to a .48 improved lot (SCTM#1000-25-4-11.6). The property is Southold Town Planninq Board Pa,qe Thirteen May 12, 2003 located north of King Street, 320+' west of the intersection of King Street and Old Farm Road in Orient. This is a lot line change basically. Any comments? Charles Cuddy, Esq., for the applicant: It is just what you said - it is 6,400 square feet, going from the seventeen acre lot to the half acre lot and I believe it is appropriate and I would ask that the Board grant approval. Chairman Orlowski: Any other comments? (There were no further comments.) Hearing none, any questions from the Board? (There were none.) Mark Terry: Were the affidavits submitted? Charles Cuddy, Esq.: Yes. Mark Terry: And did Mr. Gemma contact your office? Charles Cuddy, Esq.: Yes. He is perfectly satisfied. Chairman Orlowski: O.K. Any other comments? (There were none.) I will entertain a motion to close the hearing. Mr. Cremers: So move. Mr. Edwards: Second. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. Chairman Orlowski: Opposed? The motion carries. (The hearing was closed at 6:32 p.m.) Does the Board have a pleasure on this? Mr. Edwards: Mr. Chairman, I'd like to offer the following resolution: WHEREAS, the applicant proposes to transfer. 15 acres from a 17.6 acre improved parcel (SCTM#1000-26-1-32.1 ) to a .48 acre improved parcel (SCTM# 1000-25-4-11.6) north of King Street; and WHEREAS, following the transfer, SCTM#1000-26-1-32.1 would equal .63 acres; and Southold Town Planninq Board Pa.qe Fourteen May 12, 2003 WHEREAS, the Southold Town Planning Board, acting under the State Environmental Quality Review Act, performed an uncoordinated review of this Unlisted Action and issued a Negative Declaration on February 11, 2003; and WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has received affidavits that the applicant has complied with the notification provisions; and WHEREAS, all the requirements of the lot line regulations of the Town of Southold have been met; be it therefore RESOLVED that the Southold Town Planning Board grant conditional final approval on the surveys and authorize the Chairman to endorse the final surveys, dated December 12, 2002 and received by this office on December 17, 2002, subject to fulfillment of the following conditions. This condition must be met within six (6) months of the resolution: The filing of new deeds with the Office of the Suffolk County Clerk pertaining to the amendment of the lot line and upon filing submittal of the documents to this office. Mr. Cremers: Second the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. Chairman Orlowski: Opposed? The motion carries. Chairman Orlowski: 6:25 p.m. - Raake, Robert & Barbara - This proposed lot line change will transfer 2,211 sq. ft. from SCTM#1000-113-13-18 to SCTM#1000-113-13- 19 and transfer 2,211 sq. ft. from SCTM#1000-113-13-19 to SCTM#1000-113-13-18. The property is located south of Westphalia Avenue in Mattituck. Are there any comments on this? Richard Lark, Esq., Main Road, Cutcho.que, New York: As you say, it is nothing more than a swap of the 2,211 from the right to the left. That's it. Chairman Orlowski: Any other comments? (There were no further comments.) Any questions from the Board? Hearing none, I'll entertain a motion to close the hearing. Mr. Edwards: So move. Mr. Cremers: Second. Southold Town Planninq Board Pa.qe Fifteen May 12, 2003 Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. Chairman Orlowski: Opposed? The motion carries. (The hearing was closed at 6:35 p.m.) Does the Board have a pleasure? Mr. Cremers: Mr. Chairman, I'll offer the following: WHEREAS, the applicant proposes to transfer 2,211 sq. ft. from SCTM#1000-113-13-18 to SCTM#1000-113-13-19 and transfer 2,211 sq. ft. from SCTM#1000-113-13-19 to SCTM#1000- 113-13-18; and WHEREAS, following the transfer, Lot 1 will equal 38,387.92 square feet and Lot 2 will equal 59,220 square feet and no reduction in lot area will occur as a result of the action; and WHEREAS, the Southold Town Planning Board, acting under the State Environmental Quality Review Act, performed an uncoordinated review of this Unlisted Action and issued a Negative Declaration on March 10, 2003; and WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has received affidavits that the applicant has complied with the notification provisions; and WHEREAS, all the requirements of the lot line regulations of the Town of Southold have been met; be it therefore RESOLVED that the Southold Town Planning Board grant conditional final approval on the surveys, dated January 30, 2003, and authorize the Chairman to endorse the final surveys subject to fulfillment of the following conditions. These conditions must be met within six (6) months of the resolution: 1. Add the title Lot Line Change for Raacke and Raacke to the survey. 2. Correct the tax map numbers upon the individual lots. 3. Add the zoning district to the map. 4. The filing of new deeds with the Office of the Suffolk County Clerk pertaining to the amendment of the lot line and upon filing submittal of the documents to this office. Mr. Edwards: Second the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. Southold Town Planninq Board Pa.qe Sixteen May 12, 2003 Chairman Orlowski: Opposed? The motion carries. Hearings Held Over From Previous Meetings: Chairman Orlowski: Reflectinq Nature Landscapin,q - This proposed site plan is to construct a 2,520 storage building and office in a contractor's yard on a 1.1 acre parcel. The property is located on the north side of CR 48, at 260 Cox's Neck Lane, Mattituck SCTM#1000-113-14-10 We have to hold this open because they are at the ZBA. Does anybody want to say anything? (No one wished to speak.) Mr. Edwards: I will make a motion to hold it open. Mr. Cremers: Second. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. Chairman Orlowski: Opposed? The motion carries. Chairman Orlowski: Island Health Project, Inc. Site Plan - This proposed site plan is for a change to the parking configuration, changes to the access & egress to improve handicap accessibility, & modify the layout of the existing doctor's office & residence. The property is located at the north corner of Oriental Avenue and Crescent Avenue on Fishers Island. SCTM#1000-9-2-8.1 (formerly 1000-9-2-6.2 & 8) I will entertain a motion to hold this hearing open. Mr. Cremers: So moved. Mr. Ca,q,qiano: Second. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Sidor. Mr. Edwards: I abstain for reasons previously stated. Chairman Orlowski: Opposed? The motion carries. Southold Town Planninq Board Pa.qe Seventeen May 12, 2003 Chairman Orlowski: Island Health Project, Inc. Lot Line Change - This proposed lot line change is to merge a 10,890 sq. ft. parcel, SCTM#1000-9-2-6.2, with a 12,565 sq. ft. parcel, SCTM#1000-9-2-8, creating a 23,455 sq. ft. parcel. The properties are located at the north corner of Oriental Avenue and Crescent Avenue on Fishers Island. This, too, is somewhere and we will still hold this open. I will entertain a motion to do so. Mr. Cremers: So moved. Mr. Ca.q.qiano: Second. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Sidor. Mr. Edwards: I abstain for reasons previously stated. Chairman Orlowski: Opposed? The motion carries. Chairman Orlowski: Fishers Island Club, Inc. - This proposed site plan is for a 3,200 sq. ft. equipment storage building with an attached 800 sq. ft. covered equipment wash pad. The property is located on East End Road on Fishers Island. SCTM#1000-1-1-3.13 The hearing was open but everything has come in now so we can entertain a motion to close the hearing unless anyone would like to say anything. (No one wished to be heard.) Mr. Edwards: So moved. Mr. Cremers: Second. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. Chairman Orlowski: Opposed? The motion carries. Does the Board have any pleasure? Mr. Edwards: Mr. Chairman, I'd like to offer the following resolution: Southold Town Planninq Board Pa,qe Ei,qhteen May 12, 2003 WHEREAS, this proposed site plan, to be known as site plan for Fishers Island Club, is to construct a 3,200 square foot maintenance/storage building and adjacent covered washdown area on an existing golf course, located on East End Road; and WHEREAS, the Fishers Island Development Corp., is the owner of the property known and designated as Fishers Island Golf Club, Inc., SCTM#1000-1-1-3.13; and WHEREAS, a formal application for the approval of this site plan was submitted on October 21, 2002; and WHEREAS, the Southold Town Planning Board has determined that this action is a Type II Action and not subject to review under the State Environmental Quality Review Act, (Article 8), Part 617; and WHEREAS, the Zoning Board of Appeals granted a Special Exception (Application No. 5290) on May 1, 2003 to allow a maintenance building on a golf course within an R-120 Zone; and WHEREAS, on November 19, 2002, the Architectural Review Committee reviewed and approved the design elements of the proposed site plan; and WHEREAS, the Town Engineer has reviewed the drainage calculations and the Planning Board has accepted his recommendation for approval; and WHEREAS, this site plan, dated July 18, 2000 and last revised September 18, 2002, was certified by the Building Inspector on May 10, 2003; and WHEREAS, a final public hearing was closed on said application at Town Hall, Southold, New York on May 12, 2003; and WHEREAS, all the requirements of the Site Plan Regulations of the Town of Southold have been met; be it therefore RESOLVED, that the Southold Town Planning Board grant final approval on the surveys, dated July 18, 2000 and last revised on September 18, 2002, and authorize the Chairman to endorse the final surveys subject to a one year review from the date of the building permit. Mr. Cremers: Second the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. Chairman Orlowski: Opposed? The motion carries. Southold Town Planninq Board Pa,qe Nineteen May 12,2003 Chairman Orlowski: Perino, Joseph - This proposed major subdivision is for 7 lots on 20.8211 acres. The property is located on the south side of Main Road, 150' west of Sigsbee Road in Mattituck. SCTM#1000-122-7-9. This has been affected by the moratorium and we'll hold this open. I'll entertain a motion to do so. Mr. Edwards: So move. Mr. Cremers: Second. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. Chairman Orlowski: Opposed? The motion carries. MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES AND SET OFF APPLICATIONS Final Determinations: Chairman Orlowski: McNulty, John & Frank - This proposed lot line change will transfer 1.567 acres from Parcel 1 (SCTM#1000-129-1-3) to Parcel 2 (SCTM#1000- 129-1-2). The property is located on the north corner of Laurel Lane and Peconic Bay Boulevard in Laurel. Would you like to read this one, Marty? Mr. Sidor: WHEREAS, the applicant proposes to amend the lot line between parcels SCTM# 1000-129-1-2 (Parcel 1) and SCTM#1000-129-1-3 (Parcel 2) and transfer 1.567 acres from Parcel 1 to Parcel 2 where Parcel 1 would equal 1.567 acres and Parcel 2 would equal 2.011 acres; and WHEREAS, following the transfer, both lots will conform to the R-40 Zoning District; and WHEREAS, the Southold Town Planning Board, acting under the State Environmental Quality Review Act, performed an uncoordinated review of this Unlisted Action and issued a Negative Declaration on March 11, 2003; and Southold Town Planninq Board Pa.qe Twenty May 12, 2003 WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has received affidavits that the applicant has complied with the notification provisions; and WHEREAS, all the requirements of the lot line regulations of the Town of Southold have been met; be it therefore RESOLVED that the Southold Town Planning Board grant conditional final approval on the surveys, dated August 28, 2002, and authorize the Chairman to endorse the final surveys subject to fulfillment of the following condition. This condition must be met within six (6) months of the resolution: 1 ) The filing of new deeds with the Office of the Suffolk County Clerk pertaining to the amendment of the lot line and upon filing submittal of the documents to this office. Mr. Cremers: Second the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. Chairman Orlowski: Opposed? The motion carries. We have to apologize, Mr. McNulty, because we got a curve ball handed to us the last time. We're sorry for that but, I think you understand what happened. Mr. McNulty: I understand. Chairman Orlowski: Thank you. Chairman Orlowski: Burqer/Kosmynka - This proposed lot line change is to amend the lot line of SCTM#1000-98-1-17 to form two single and separate lots where Lot 1 equals 22,397 square feet and Lot 2 equals 36,617 square feet. The property is located at 1900 Pine Tree Road in Cutchogue. SCTM#1000-98-1-15, 16 & 17 Mr. Cremers: Mr. Chairman, I'll offer the following: WHEREAS, the applicant proposes to amend the lot line of SCTM#1000-98-1-17 where Parcel 1 equals 22,397 square feet and Parcel 2 equals 36,617 square feet; and WHEREAS, all the conditions required in conditional final approval, granted on October 8, 2002, have been met; be it therefore Southold Town Planninq Board Pa.qe Twenty-One May 12, 2003 RESOLVED that the Southold Town Planning Board grant final approval on the surveys, dated as revised, August 28, 2002, and authorize the Chairman to endorse the final surveys. Mr. Edwards: Second the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. Chairman Orlowski: Opposed? The motion carries. Chairman Orlowski: Martin, Diane - This proposal is to set off a 1.47 acre unimproved lot from a 2.42 acre parcel located on the west side of Boisseau Avenue, opposite Lisa Drive, in Southold. SCTM#1000-55-5-15 The Town Board has granted a waiver and everything is in order to approve. I'll entertain that resolution. Mr. Ca.q.qiano: Mr. Chairman, I'll offer the following: WHEREAS, the applicant proposes to set off a 1.47 acre unimproved lot, located within the R- 80 Zoning District, from a 2.42 acre parcel with proposed right-of-way access from Boisseau Avenue, in Southold; and WHEREAS, the Zoning Board of Appeals has approved a variance (Appeal No. 4991) for the proposed 1.47 acre lot set-off granting relief from the R-80 Zoning District Regulations; and WHEREAS, all conditions of conditional final approval and the requirements of the Subdivision Regulations of the Town of Southold have been met; be it therefore RESOLVED, that the Southold Town Planning Board grant final approval on the maps, dated as revised January 2003, and authorize the Chairman to endorse the maps. Mr. Cremers: Second the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. Chairman Orlowski: Opposed? The motion carries. Southold Town Planninq Board Pa.qe Twenty-Two May 12, 2003 Setting of Final Hearings: Chairman Orlowski: Ghassemi, S¥ & Catherine - This proposal is for a cluster set-off of a 1.087 acre lot from a 32.8503 acre parcel. The property is located on the north side of Main Road, 831.67' west of the intersection of Main Road and Rocky Point Road in East Marion. SCTM#1000-31-1-1. Mr. Cremers: Mr. Chairman, I'll offer the following: RESOLVED that the Southold Town Planning Board set Monday, June 9, 2003, at 6:00 p.m. for a final public hearing on the maps, dated as revised March 31, 2003. Mr. Edwards: Second the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. Chairman Orlowski: Opposed? The motion carries. Chairman Orlowski: Smith, Diane Alec- This proposed application is for a minor subdivision on 3.915 acres. The property is located on the north side of SR 25, 2426.68' west of its intersection with Elijah's Lane in Cutchogue. SCTM#1000-109-1-7 Mr. Edwards: Mr. Chairman, I'll offer the following resolution: WHEREAS, On May 6, 2003, The Town of Southold Town Board granted the applicant a waiver from the provisions of Local Law #3, 2002 (and extended by Local Law #3, 2003) entitled "Temporary Moratorium on the Processing, Review of, and Making Decisions on Applications for Major and Minor Subdivisions, Minor Subdivisions and Special Exemption Use Permits and Site Plans containing Dwelling Units(s) in the Town of Southold" and, therefore, the Southold Town Planning Board is processing the minor subdivision application; therefore, be it RESOLVED that the Southold Town Planning Board set Monday, June 9, 2003, at 6:05 p.m. for a final public hearing on the maps, dated as revised September 27, 2002. Mr. Cremers: Second the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. Southold Town Planninq Board Pa.qe Twenty-Three May 12, 2003 Chairman Orlowski: Opposed? The motion carries. Chairman Orlowski: Dayton Farms - This proposal is to set-off a 1.757 acre improved lot from a 13.44 acre parcel. The property is located 372+ ft. northeast of Main Bayview Road, southeast of Jacob's Lane in Southold. SCTM#1000-88-1-10 Mr. Cremers: Mr. Chairman, I'll offer the following: RESOLVED that the Southold Town Planning Board set Monday, June 9, 2003, at 6:10 p.m. for a final public hearing on the maps, dated as revised April 17, 2003. Mr. Edwards: Second the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. Chairman Orlowski: Opposed? The motion carries. Sketch Determinations: Chairman Orlowski: East Marion Fire District - This proposal is for a cluster set-off of a 30,000 sq. ft. parcel from an existing 163,229 sq. ft. parcel. The property is located on the Main Road 367 feet west of Stars Road in East Marion. SCTM#1000-31-3-11.30 What is the Board's pleasure? Mr. Ca.q.qiano: Mr. Chairman, I'll offer the following: WHEREAS, this proposal is for a cluster set-off of a 30,000 square feet parcel from an existing 163,229 square feet parcel located on the Main Road, approximately 367' west of Stars Road in East Marion (SCTM#1000-31-3-11.30); and WHEREAS, following the transfer, Lot 1 will equal 133,229 square feet and Lot 2 will equal 30,000 square feet, pursuant to Article XVlll Cluster Development (100-180) of the Town of Southold Town Code, whereby the 10,000 square feet normally required for Lot 2 is being left with Lot 1; be it therefore RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, do an uncoordinated review of this Unlisted Action. The Planning Board establishes itself as lead agency, and as lead agency, makes a determination of non-significance and grants a Negative Declaration. Southold Town Planninq Board Pa,qe Twenty-Four May 12, 2003 Mr. Cremers: Second the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. Chairman Orlowski: Opposed? The motion carries. Mr. Ca,q,qiano: BE IT FURTHER RESOLVED, that the Southold Town Planning Board grant conditional sketch plan approval on the map, dated May 9, 2003, subject to the following condition: The 2 story framed house structure located on Lot 1 be moved within twelve (12) months of the date of this resolution unless an extension of time is requested by the applicant and granted by the Planning Board. The new location of the structure must be within the building envelope of Lot 2 and conform to all applicable setbacks as defined by Section 100-31 as required by the Town Code of the Town of Southold. The final map of the Clustered Set-Off for East Marion Fire District conform and comply with to Article XVIII section 100-181 of the Southold Town Code as required. The final map be revised to include proper size of Lot 1 & Lot 2 and state that in the event of future subdivision of Lot 1, the yield calculation of Lot 1 must deduct 10,000 square feet of Lot 2 permanent cluster open space. The submittal of eight (8) paper prints and three (3) mylars maps, must contain a current stamp of Health Department approval and must be submitted before a final public hearing will be set. 5. Please submit a New York State Department of Transportation curb cut permit as required. Mr. Cremers: Second the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. Chairman Orlowski: Opposed? The motion carries. Southold Town Planninq Board Pa,qe Twenty-Five May 12, 2003 MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES, SET OFF APPLICATIONS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Determinations: Chairman Orlowski: Nicokim - This proposed minor subdivision is for 3 lots on 27.2 acres located on Little Neck Road, 92.76' south of Eugene's Road, with 201.78' of frontage on Skunk Lane in Cutchogue. SCTM#1000-97-8-(31.2-31.4) Does the Board have any pleasure? Mr. Ca,q,qiano: Mr. Chairman, I'll offer the following: WHEREAS, this proposed subdivision is for three lots on 27.2 acres located in the R-80 Zoning District; and WHEREAS, two of the lots are greater than 80,000 sq. ft. and the third is improved and contains an 80,095 sq. ft. building envelope exclusive of a larger lot from which 21.235 acres of Development Rights have been sold to the Town of Southold; and WHEREAS, the Town of Southold Board of Trustees issued a letter of non-jurisdiction for the proposed action on October 23, 2001; therefore BE IT RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, establishes itself as lead agency, and as lead agency, makes a determination of non-significance and grants a Negative Declaration. Mr. Edwards: Second the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. Chairman Orlowski: Opposed? The motion carries. The agenda is done. Is there anyone who would like to make a comment for the record? (No one wished to speak.) I'll entertain a motion to adjourn. Mr. Ca,q,qiano: So move. Mr. Cremers: Second. Southold Town Planninq Board Pa.qe Twenty-Six May 12, 2003 Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor?. Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. Chairman Orlowski: Opposed? The motion carries. There being no further business to come before the Board, the meeting was adjourned at 6:55 p.m. Respectfully submitted, Carol Kalin