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HomeMy WebLinkAboutPB-03/11/2002PLANNING BOARD MEMBERS BENNETT ORLOWSK1, JR. Chairman RICYLkRD CAGGIANO WILLLANI J. Ci~EMERS KENNETI4 L. EDWARDS MARTIN SIDOR. ' P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631] 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MINUTES March 11, 2002 6:00 p.m. Present Were: Bennett Orlowski, Jr., Chairman Richard Caggiano, Member William J. Cremers, Member Kenneth L. Edwards, Member George Ritchie Latham Jr. Valerie Scopaz, Town Planner Mark Terry, Sr. Environmental Planner Scott Hughes, Sr. Environmental Planner Victor L'Eplattenier, Senior Planner Carol Kalin, Secretary SETTING OF THE NEXT PLANNING BOARD MEETING Chairman Orlowski: Good evening, I would like to call this meeting to order. Board to set Monday, April 8, 2002 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. Ca.q,qiano: So move. Mr. Cremers: Second. Chairman Orlowski: Motion made and seconded. All those in favor? Ayes: Mr. Odowski, Mr. Caggiano, Mr. Cremers Mr. Edwards, Mr. Latham. Chairman Orlowski: Opposed? The motion cardes. PUBLIC HEARINGS Subdivisions: Southold Town Planning Board Page Two March 11,2002 Chairman Orlowski: 6:00 p.m.,. Summit Estates, Sections 2 & 3 - Sections 2 & 3 of '.this proposed major subdivision are for 25 lots on 23 acres located on the west sidlb of Shipyard Lane in East Marion. SCTM#1000-35-8-5.4 & 38-7-10.1 & 10.2 will ask if there are comments en this subdivision? Donna Geraghty: I represent the developer and I am just here to state that this is a~ addition. Section One had been filed back in '92 and Section Four has been filed. Tjhis is Sections.Two and Three and it's just bringing the rest of the subdivision together. If anyone has any questions, I would be happy to answer them. Chairman Orlowski: Any other comments? Hearing non~e, any questions from the Board? Hearing'no further questions, I'll entertain a motion to close the hearing. Mr. Latham: So move. Mr. Cremers: Second. Chairman Or owsk: Motion made and seconded. All those in favor?. Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers Mr. Edwards, Mr. Latham. Chairman Orlowski: Opposed? The motion cardes. (The hearing was closed at 6:03 p.m.) With that, I'll make the following resolution: Claire Dowlin.q: Excuse me, excuse me - we are not sure how this goes - all this tha~ happened before - I mean, there are some of us here that are concerned about this development on Shipyard Lane. We are not sure how this works and all of a sudden this is over?, Chairman Orlowski: This is a public hearing where you are asked to make any comments. Claire Dowlin,q: Right. Could you present again what the changes are that the public hearing is about? Could you summarize it and then we can make, you know, some ~ nd of comment that we might want to make. Chairman Odowski; Well, it is Sections Two and Three of Summit Estates. The proposed major subdivision is for twenty-five lots on twenty-three acres located on the west of Shipyard Lane in East Marion. Claire Dow~ing: And this is a change from the original? Chairman Orlowski: No, this has been here for a long time. Can we have your name fOr the record? , Southold Town Planning Board Page Three IVlarch 11, 2002 Claire Dowlin~: My name is Claire Dowling. I live on Shipyard Lane and there are additional houses that are being proposed here tonight than when the original one proposed ten years ago? Chairman Odowski: I believe the map is on the wall there somewhere. I don't think changing. 3 IS Ctalre Dowling: I will express my concern, and maybe I am ten years too late, but v have a'c?ndominium at the end of that road. I don't believe I know how many units ~are :there 5ut there are plenty of units there, alright. There's a large numberof units. There is a lot of pressure on Shipyard Lane in season and now w~th these additional hous~es way the plan appears on the diagram here, all those houses- one little rOad - Shipyard: Lane. With the condo. fro. is Chairman :Orlowski: Well, there are twenty-five lots. Claire Dowlin.q: Twenty-five houses? Chairman Orlowski: Well, with the original, it is thirty-five - excuse me. Claire Dowlin,q: Plus the houses that are already there on Shipyard Lane, plus the condominium at the foot of Shipyard Lane with many units already. I see that as a disaster. We have children that live on that street. Right now, it is a country road. The~y play. They ride,their bicycles. As it is, we have a great deal of problem in the summer time there in terms'of traffic - the overload of traffic due to the many units at the basff at the bottom of Shipyard Lane on the water and, you know, there was a hearing aboutI that proper~ many years ago too you know because it is built on wetlands but that iS a problem that we cannot resolve right now, can we? That is already done. But, I will express my ext~r,.eme concern about this little road, Shipyard Lane, trying to absorb all these houses With all this traffic, l mean, I don't see this design as being very logical and very fair ~o the people that already live on Shipyard Lane and that's the way I see it. Pat Volinski: And I second it. Chairman Orlowski: Can I have your name for the record? Pat VolinSki: Pat Volinsld. Southold Town Planninq Board Page Four March 11, 2002 ? Barren: My na,~e is Barren and I live on Sh pvard Lane an ' ' ,' ~ . . __ d I am just ook~ng at tee density here. I ar~ look ng at the first ten lots and the houses that are positioned thi re. 'They seem to be appropriately placed on the properties - decently spaced but the remain.lng houses put in there have a different density factor. It looks like the lots s e smaller a~d what is permissible for twenty-three acres? He does not have twenty-t . Dee acres that are buildable. He has vacant land in there that is not buildable so it seer is to me that what they are asEin§ for is a density that's not acceptable. ~: I would like to answer his quest on, if I might. This subdivision w~ :originaily plan~e~l on forty-sev, en acres and the Board required c ustering - mandat, .clustering,~- which is one-acre,z~on ng and we brought it down to thirty thousand squ feet. There ts open space th~.the ent re community shares, n the front, there s al: five acres Open space and: in back there s an additiona thre~'ahd a half acres. Sc looks li_k:~ ,Wela~:e putting. ~or~,i[ots on this.small acreage,space but, in fact, as a wh this is pa~ofSectjons ~ne, ~o, Three and Four whiCh I am ~ure the Board is aw~ but I am jUst trYing to clarify E/fer the :rest of the ,people. ~: I have a question about what entire community is sharing this open space. )rY are out , it :)le, re of Chairman Orlowski: You have to state your name for the record. Claire Dowlinq: Claire Dowling. Chairman Orlowsk_i: I don't want.this to be a debate. What is your question? Claire Dowlin_.g: This woman has just said the entire community will share this open space on Shipyard Lane and I am wondering what the entire community is? What is definition of that - is that the people of Summit Estates or the whole street? Chairman Orlowski: Just Summit Estates. Donna Ger~: The homeowners association. Chairman Orlowski: O.K. Any other comments? It has been put on the record. The hearing has been closed but I will ask if there are any other comments? O.K. Hearin, no further comments, we will move on. I make a motion: WHEREAS, in 1989, Gusmar Realty Corp. made an application to the Planning Boa~ for a major subdivision of 35 lots on 40.822 acres to be known as Summit Estates; a~ ~d WHEREAS, this subdivision has been designed as a cluster subdivision in accordan e With New York State ToWn Law; and WHEREAS the Planning Board, pursuant to the State Environmenta Quality Review Act, (Article 8),-Part 617, declared itse f lead agency and issued a Negative Declarati(~n on August 13, 1990; and the Southold Town Planning Board Pa.qe Five March 11, 2002 WHEREAS, [he Planning Board granted conditional preliminary approval to the Sutnmit Estates Subdivision Sections 1, 2 and 3 on July 10, 1997; and WHEREAS, after the Planning Board granted preliminary approval to the subdivision application, the Planning Board allowed the applicant to proceed with the final submission in four seearate sections (Section 1: Lots 1-10, Section 2: Lots 11-23, Section 3: Lots 24-32 and Lots 34-35 and Section 4: Lot 33); and WHEREAS, the Planning Board granted final approval to Summit Estates, Section 1: Eots 1-10, on October 4, 1993; and WHEREAS,/he Planning Board granted final approval to Summit Estates, Section 4: Lot 33, on October 2, 2000; and WHEREAS, the conditional preliminary approval expired for Sections 2 & 3 because the conditions of the approval were not fulfilled within the required time frame; and WHEREAS, on October 23, 2000, the applicant requested to proceed with the application for Sections 2 and 3; and WHEREAS, the applicant has presented the necessary fees and information to proceed with Sections 2 & 3; and WHEREAS, the Planning Board has required the filing of certain Covenants and Restrictions for the entire subdivision (Sections 1,2, 3, & 4), and such Covenants and Restrictions were recorded as a condition of final approval; and WHEREAS, as per a resolution, dated September 27 1999, the Planning Board allowed certain amendments to the filed Declaration of Covenants and Restrictions; and WHEREAS, a Homeowners Association was also filed for the entire subdivision (Sections 1, 2, 3 & 4); and WHEREAS, on February 7, 2002 both the Phase I and Phase II bond estimates were updated by the Town Engineer to 2002 construction costs; and WHEREAS, the Phase II updated bond estimate, dated February 7, 2002, is $200,442.50; and WHEREAS. on February 11, 2002, the Planning Board combined the Phase I bond estimate with the proposed Phase II bond estimate for Summit Estates Sections 2 and 3 and adopted an updated Phase I bond estimate in the amount of $97,760.00 and a ~ Phase II bond estimate in the amount of $200,442.50 equal to the combined amount of $298,202.50; and WHEREAS, following the adoption of the Feb 1 l, 2002 resolution, the applicant notifiled the Planning Board that a new Phase I performance guarantee for the incomplete I Southold Town Planning BOard Pa,qe Six Mamh 11, 2002 construction together with Phase II could not be obtained through an insurance -company and therefore the applicant requested that Phase I and Phase II remain separate; 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, ali the requirements of the Subdivision Regulations of the Town of SoUthold will b~ met upon fulfillment of the conditions of approval; be it therefore RESOLVED, to adopt the Phase II bond estimate in the amount of $200,442.50 as determined by the Town Engineer and recommend same to the Town Board. Mr. Cremers: Second the motion. Chairman Odowski: Motion made and seconded· Any questions on the motion? All those in favor? Ayes: Mr. Odowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Chairman Odowski: Opposed? The motion carries· BE IT FURTHER RESOLVED, that the Southold Town Planning Board grant conditignal final approval on the final plat maps, dated March 1, 2001, and the final road and drainage plan, dated March 13, 1992, subject to the fulfillment of the following conditions. Failure to fulfill the conditions shall cause this conditional final approval become null and void. These conditions must be met within six (6) months of the resolution: a. Submission of a performance guarantee for Phase II in the amount pf $200,442.50. This paYment is in accordance with the approved bond estimate, dated February 7, 2002, for Sections 2 & 3 of the subdivis~n. b. Submission of $1,885.55, the remaining balance of the Phase II six ~ percent administration fee equal to $12,026.55 minus the $10,141.0~) previously sUbmitted on February 4, 2002. c. The I!ber and page numbers for all recorded Declarations of Covenants and Restrictions and the Homeowners Association must be shown o~ tl~e map and submitted to thiS office for the Planning Board's recordS.~ A letter from the public utility stating that the utility company will mak~ the underground installations necessary for the furnishing of its services. Southold Town Planning Board Page Seven March 11, 2002 Mr. Cremers: Second the motion. Chairman Odowski: Motion made and seconded. Any questions on the motion? Alll those in favor?. Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Chairman Odowski: Opposed? The motion carries. I'll further make a resolution: WHEREAS, as part of the approval for Summit Estates Section 1, a performance I guarantee in the amount of $289,445.00 was presented to, and accepted by, the Town Board for Phase I subdivision improvements; and WHEREAS, the Phase I performance guarantee was reduced from $289,445.00 to $88,920.00 by the Town Board on May 22, 2001; and WHEREAS, on February 7, 2002 both the Phase I and Phase II bond estimates we 'e updated to 2002 construction costs; and / WHEREAS,, on February 11, 2002, the P arming Board combined the Phase 1 bonc~ estimate w~th the proposed Phase I1 bond estimate for Summ t Estates Sections 2 and 3 and adopted an updated Phase I bond estimate in the amount of $97,760.00 and a Phase II bond estimate in the amount of $200,442.50 equal to the combined amou~ of $298,202.50; and WHEREAS, following the adoption of the Feb 11, 2002 resolution, the applicant noti the Planning Board that a new Phase I performance guarantee for the incomplete construction together with Phase II could not be obtained through an insurance company and therefore the applicant requested that the Phase I performance guara be separated from the Phase II bond estimate; and Fied itee WHEREAS, since adoption, the Town Engineer has determined that construction eq to the amount of $10,600.00 has been corn pleted for Phase I and has submitted a second updated bond estimate, dated February 28, 2002, reducing the $97,760.00 bond estimate to $87,160.00; and WHEREAS, on February 22, 2002 the applicant submitted a performance guarantee in the amount of $88,920.00 wh ch s valid to December 7, 2002; be it therefore RESOLVED, that the Southold Town Planning Board accept the reduced Phase I bo~ ~d estimate in the amount of $87,160.00, dated February 28, 2002, as determined by th Town Engineer and recommends same to the Town Board. Mr. Cremers: Second the motion. Southold Town Planning Board Pa.qe Eight March 11,2002 Chairman Odowski: Motion made and seconded. Any questiens on the motion? All ~those in favor?. Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Chairman Odowski: Opposed? The motion carries. ~E IT FURTHER RESOLVED, that the Southold Town Planning Board recommences acceptance of the Phase I performance guarantee n the amount of $88 920 00 tothe Town Board: .Mr. Cremers: Second the motion. Chairman Odowski: Motion made and seconded. Any questions on the motion? All those in favor?. Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Chairman Odowski: Opposed? The motion cames. Chairman Odowski: 6:05 p.m. - James George & Linda Schaffer - This proposed set- off is for 2 lots on 22.28 acres. Development Rights have been sold on 20 acres and there is an existing house on the 2.24 acre residential lot. The property is located on {he north side of Wickham Avenue, between Mill Lane and Elijah's Lane in Mattituck. SCTM#1000-107-5-6.2 & 6.3 Are there any comments on this proposed set-off? Abigail Wickham, Esq.: Good evening. My name is Abigail Wickham. I was expecting someone from Mr. Essex' office to appear and answer any questions. I represent thff purchasers of the farm property. If there is anything I can help you with, I would be glad to. Chairman Orlowski: Any other comments on the Schaffer set-off? (There were none.) Any questions from the Board? (There were no questions from the Board.) I'll entertain a motion to close the hearing. Mr. Latham: So move. Mr. Cremers: Second. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Southold Town Planning Board Paqe Nine March 11, 2002 Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwaras, Mr. Latham. Chairman Odowski: Opposed? The motion carries. (The hearing was closed at 6:1~ p.m.) Mr. Cremers: Mr. Chairman, I'll offer the following: WHEREAS, James George and Linda Schaffer are owners of the property known §nd ~fesignated as SCTM#1000-107,5-6.2 & 6.3 on WJckham Avenue, Hamlet of Mattit6ck and WHEREAS, the applicants propose to set off 2,24 acres IPamel 1) from a 22.28 acre (Parcel 2); and WHEREAS, the Town of Southold pumhased the Development Rights for 20 acres of Parcel 2; and WHEREAS, on June 11, 2001 the Planning Board granted sketch plan approval on the map, dated Apdl, 2001; and WHEREAS, the Planning Board, pursuant to the State Environmental Review Act, (Article 8) Part 617, performed an uncoordinated rewew of this unlisted action, mad~e a determination of non-significance and granted a Negative Declaration on June 11, 2001; and WHEREAS. all the requirements of the Subdivision Regulations of the Town of Southold have been met; and WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hesdng, has received affidavits that the applicant has complied with the notification provisions; be it therefore RESOLVED, that the Southold Town Plannin§ Board grant final approval on the maps, dated December 12, 2002, and authorize the Chairman to endorse the final surveys. Mr. Edwards: Second the motion. Chairman Odowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Odowski, Mr. Caggiano, Mr. Cramers, Mr. Edwards, Mr. Latham. Chairman Orlowski: Opposed? The motion carries. Southold Town Planning Board Page Ten March 11, 2002 .Chairman Odowski: 6:10 p.m. - Grathwohl, Jeffrey - T?,is proposal is to setoff a 11 acre :ldt from a 26.86 acre parcel. The property is located 789 south of Naugles Road, On the east side of Luther's (Breakwater) Road in Mattituck. SCTM#1000-106-9-2.4 Are there any comments or questions on this set-off? Dawn Thomas, Esq.: My name is Dawn Thomas. I am the attorn,e.y for Mr. and Mrs. Grathwofil Other than what yOU just said about the set-off, I don t thinkthere js mu~.h. else to be'explained 0the~ than I will be available to answer questions you might ha~e. Do,n. Cooper: I am one of Mr. Grathwohl's future neighbors. I noticed that it is non- conforrhing'. It was left in my father's will to my sister. It was his intention to meet the letter of the law. He passed aW~qy in '82. Unfortunately, he had willed an acre to henand when ,he made up his w~l in the late 70's that met the requirements but then, like a !or of us, he was not time y n keep ng his w I up-dated and so it was an acre that~was eft to my sister when he d~ed. The parce s of property across, the street are a quarter acre lots. The~piece of property t~ t~e north boundary is an acre with, I believe, eleven or twelve C~bias on it. Tiier:.~ 's one that s made for year 'rOund use the ethers are seaso[ ~I~ d~epending on the weather, because th'e water lines are.shallow. They all have s p~,aratb cesspools and~ the fac~ t;hat he wants te build~:o.n an acre, J think, he i~ n~on-c ,r~ia9~ but on, the.Iai;ge side, o,f non-confo[mi~g w'th h~s.~eig~b°rs. .E~,en [u :her no~h e~r~e h0a~es ~im r~Y cabins and hOUSeS oh file I~t. Iii'usry:wan:tea:to sp~ ak my ? that :l'am i)3 ~ra~,or (~, t~'is set-off. ] think it 13as already bee~,aPpm.~ by ~h Zf~in )~'~'d~e[ght Or niQ~,YE~a(~ ago. My sister has be~n payS[rig Property. ;ta:xes on b~lldi fi'for all thoSe Yea~s. Thahk you. Chairman Orlowski: You have Zoning Board approval for that density, that size. Any other Cb~mrhents on this? 'Hearing none, any comments from the Board? (There werb none.) I'll 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. Latham. Chairman Orlowski: Opposed? The motion cames. (The hearing was closed at 6:23 p.m.) Does the Board have a pleasure? Mr. Latham: I'll offer this, Mr. Chairman: Southold Town Planning Board Pa.qe Eleven Mamh 11, 2002 WHEREAS, the applicant proposes to set off a one (1) acre lot with 150.0 ~ frontage along the east side of Breakwater (Luther's) Road from a 25.8 acre lot; and WHEREAS, the applicant has received a letter from the Suffolk County Water Authority, dated September 20, 2001. confirming that water is available to the lot via a water main on the west side of Breakwater Road; and WHER .E,~, S, the tot is located within a R-80 Zoning District and does not conform tq the R~80 minJm~m ZOning requJretnents; and | WHEREAS, the Zoning Board of Appeals has approved a variance (Appeal No. 3819) for the proposed one ~(11 acm lot set-off granting relief from the R-80 Zoning District regulations; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, performed an uncoordinated review of this unlisted action, made a determination of non-significance and granted a Negative Declaration on January 30, 2002; and WHEREAS, the final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on March 11, 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 notificatior~ 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 final approval on the maps, dated July 19, 2001, and authorize the Chairman to endorse the maps. Mr. Edwards: Second the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor?, Ayes: Mr. Odowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Chairman Orlowski: Opposed? The motion carries. Hearings Held Over From Previous Meetings: Southold Town Plannin,q Board Page Twelve March 11,2002 Chairman Odowski: Robert Schreiber - This minor subdivision is for 4 lots on 47.4 acres. Development Rights will be sold on 32.27 acres. The property is located on ~the north side of Oregon Road, west of Alvah's Lane in Mattituck. SCTM#1000-95-1-4 Mr. Edwards: Mr. Chairman, I'll offer the following resolution: BE IT RESOLVED that the Southold Town Planning Board hold open the final publlc -hearing, which was opened on January '14, 2002. The hearing is being held open t~) allow the applicant to address [he items outlined in the Planning Board's letter Of December 5, 2001. Mr. Cremers: Second the motion. Chairman Odowski: Motion made and seconded. Any questions on the motion? The hearing is open if anybody has a comment. (No one wished to speak.) All those in favor?. Ayes: Mr. Odowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Chairman Orlowski: Opposed? The motion carnes. Chairman Odowski: Nextel Communications - This proposed site plan amendmentlis to affix a new wireless antenna to an existing monopole and install a related equipment shelter on 1.05 acres of property located on the north side of CR 48, 750' west of Co~'s Lane in Cutchogue. SCTM#1000-96-1-19.1 Mr. Edwards: Mr. Chairman, I'll offer the following resolution: BE IT RESOLVED that the Southold Town Planning Board hold open the final public hearing regarding the proposed site plan for Nextel Communications, which was opened on January 14, 2002. Mr. Cremers: Second the motion. Chairman Odowski: This hearing is being held open if anybody wou~d like to make a comment. (There were no comments.) Motion made and seconded. Any questions on the motion? All those in favor?. Ayes: Mr. Odowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Chairman Orlowski: Opposed? The motion carries. Southold Town Planning Board Page Thirteen March 11, 2002 Chairman Odowski: Riverhead Building Supply Corp. - This proposed site plan is~to demolish existing buildings & construct a 14,100 sq. ft. retail/warehouse & one 23, ~60 sq. ft. warehouse & a 5,000 sq. fL .warehouse. The property is located on the soutl~ side of NYS Rt. 25, 557' west of 9th St. in Greenport. SCTM#1000-46-1-1 & 2.1 Mr. Edwards: Mr. Chairman, I'll offer the following resolution: BE IT RESOLVED that the Southold Town Planning Board hold open the final publtc hear ng regarding the proposed site plan for Riverhead Building Supply Corp. whic~ was dpeded on ,January 14, 2002. ~ Mr. Cremers: Second. Chairman Odowski: Motion made and seconded to hold the hearing open. If anybo~ would' I(ke to make any comments, this hearing will be left open. Hearing no commE all those 'n favor? Ayes: Mr. Orlowski Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Chairman Orlowski: Opposed? The motion carries. Chairman Odowski: Island Health Project, Inc. - This proposed lot line change is t merge a 10,890 sq. ff. 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 th, north comer of Oriental Avenue and Crescent Avenue on Fishers Island. Mr. Cremers: Mr. Chairman, I'll offer the following: BE IT RESOLVED that the Southold Town Planning Board hereby holds the public hearing for the Island Health Project, Inc. open. Mr. Latham: Second. Chairman Orlowski: Motion made and seconded. This will be held open. Would any( like to make any comments? (No one wished to be heard.) All those in favor?. Ayes: Mr. Orlowsld, Mr. Caggiano, Mr. Cremers, Mr. Latham. Mr. Edwards: I abstain for reasons previously stated. Chairman Orlowski: Opposed? The motion carries. MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES AND SET OFF APPLICATIONS iy nts, .¸he Southold Town Plannin,q Board Page Fourteen March 11, 2002 Final Determinations: Chairman Orlowski: Skrezec/Day/Leo - This proposed lot line change is to subtra( 1,750 sq. ft. from a 160,830 sq. ft. lot, SCTM#1000-74-4-14.1, and add it to a 24,5( ff. lot, SCTM#1000,74-4-16. The property is located on the southwest comer of Cl & Pecon~c Lane in Peconic. Mr, Cremers: Mr. Chairman, I11 offer the following: WHEREAS, Darrin Skrezec, Julia Day Leo and Louise O. Day are the owners of th properties known and designated as SCTM#1000-74-4-14.1 and 1000-74-4-16, loc on County Road 48 in Peconic; and WHEREAS, this proposed lot line change is to subtract 1,750 sq. ft. from a 160,83( ft. lot, SCTM#1000~74-4-14.1, and add it to a 24,500 sq. ff. parcel, SCTM#1000-74. 16; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, NewYork on October 15, 2001; and WHEREAS, on October 15, 2001 the Southold Town Planning Board granted conditional final approval on the surveys, dated January 18, 2001, subject to fulflllm of one condition; and .WHEREAS, the applicant has meet the condition; be it therefore RESOLVED, to grant final approval on the maps, dated January 18, 2001, and authorize the Chairman to endorse the maps. Mr. Edwards: Second the motion. Chairman Odowski: Motion made and seconded. Any questions on the motion? All those in favor?. Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Chairman Orlowski: Opposed? The motion carries. sq. 48 ; ated sq. 4- It Sketch Determinations: Chairman Orlowski: Gerard Neumann - This proposal is for a clustered set-off of a 1.57 acre unimproved lot from a 24.9 acre lot with proposed right-of-way access from Mill Road, The property is located approximately 810' southwest of the intersection of Ree ye Road and Mill Road, on the south side of Mill Road in Mattituck. SCTM#1000-107-1-1 Mr. Cag.qiano: Mr. Chairman, I'll offer the following: Southold Town Plannin,q Board page Fifteen March 11, 2002 WHEREAS, the applicant proposes to set off a 1.57 acre unimproved, clustered Io~ from a 24.9 acre lot with proposed right-of-way access from Mill Road, in Mattituck; the~fore BE IT RESOLVED, that the Southold Town Planning Board grant sketch plan approval on the maps, dated December 12, 1996, with the following conditions: 1, The Planning Board treated the application a~, a cluster set-off, The wet[~and and upland acreages f,o~ the set-off lot must be calculated separately and labeled o[~ the map. The wet!and acr~age~ although a part of the lot acreage, is not recognized a~;ia part of the-buildable acreage of the lot. Consequently, before determining the yield for any future action on the remaining 23.:~3 acre parcel, an amount equal to 80,000 square feet, minus the buildable uplarid area of the set off parcel, must be excluded from the yield. The map must also contain a notation that the subdivision has been designed as a cluster ,Sul~division and also must contain a notation stating the above-mentioned condition pertaining, to,the future yield of the property. Additionally, the notation in / regard to the'determination of yield must be contained in a Declaration of Covenants and Restrictions. 2. The building envelope including front, rear and side yards must be shown for the proposed set-off lot. 3. The proposed parcels must be shown as Lot 1 and 2. 4. Since original application, the 75 foot wetland buffer has increased to 100 feet. The map must be updated to Show the required 100 foot wetland buffer. ,, 5. The adjusted 100 foot wetland buffer will locate the proposed well approximately 10 feet seaward of the wetland buffer line. The proposed well will imphct the buffer area and must be relocated. 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. Latham. Chairman Orlowski: Opposed? The motion carries. Mr. Caggiano: BE IT FURTHER RESOLVED, that the Southold Town Planning Board start SEQR lead agency coordination process for this unlisted action. ~ Southold Town Planning Board Pa,qe Sixteen March 11,2002 Mr, Cremers: Second the motion. Chairman Orlowski: Motion maae and seconded, Any questions on the motion? All :those: in flavor?. Ayes: Mr. Odowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Chairman OrlowsM: Opposed? The motion carries. Chairman_ _Odowski: Papson, Vicky - This proposal is to set off 2.29 acres (Lot 1) ~ a 5.43 acre parcel. The property is located on the south side of Main Road, +/- 40¢ of Kayleigh's Court in East Marion. SCTM#1000-31-3-7 Mr. Cremers: Mr. Chairman, I11 offer the following: WHEREAS, this proposal is to set off 2.29 acre lot (1) from a 5.43 acre lot (2) on th south side of Main Road S.R. 25, Hamlet of East Marion, Town of Southold; and WHEREAS, a Zoning Board of Appeals Variance (Appl. No. 4981) was issued on August 16, 2001 granting relief of the minimum road frontage and lot widths for Lot,~ and 2; be it therefore RESOLVED, that the Southold Town Planning Board grant sketch plan approval to off a 2.29 acre lot from the 5.43 acre lot with the following conditions: 1. Show on the map, a building envelope limited to 40,000 square feet for Lc 2. The Planning Board is requesting a common driveway over the existing pa' drive; please revise the map to read "common driveway". )m 9ast ii. Lots 1 & 2 shall be accessed by the existing curb cut with Mai Road (S.R. 25) and the existing driveway to be designated as common ddveway on the final subdivision map. Each of the owners shall use the common driveway and shall be responsible for equal costs of repairing and maintaining the common driveway. No future curb cut along Main Road (S.R. 25) to gain ingress or egress to Lot 1 is permitted; i. No further subdivision is permitted of either Lot 1 or Lot 2 in perpetuity; 3. The following restrictions must be contained in a Declaration of Covenants and Restrictions. A draft Declaration must be submitted for Planning Boar, Ys rewew pdor to filing. Southold Town Plannin.q Board Pa,qe Seventeen March 11, :~002 iii. The deed for Lot 1 must reflect access over the common driveway. Mr. Latham: Second. Chairman Odowskk Motion made and seconded. Any questions on the motion? All those in favor?. Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Chairman Odowski: Opposed? The motion carnes. Mr. Cremers: In addition - BE IT FURTHER RESOLVED, that the Southold Town Planning Board start the SE~R lead agency coordination process for this unlisted action. Mr. Cag.qiano: Second. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor?. Ayes: Mr. Odowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Chairman Odowski: Opposed? The motion carries. Sketch Extensions: Chairman Odowski: Baxter Sound Estates - This proposed minor subdivision is for lots on 4.65 acres. The property is located on Oregon Road, west of BHd§e Lane in Cutchogue. SCTM#'1000-72-2-2.1 Mr. Edwards: Mr. Chairman, I'll offer the following resolution: WHEREAS, the proposed minor subdivision is for 2 lots on 4.65 acres in the R-80 an~l A-C Zoning Districts; and WHEREAS, the Southold Town Planning Board granted sketch plan approval on February 12, 2001 on the map, dated December 20, 2000, and this approval expired On August 12, 2001; and WHEREAS, the applicant has received one extension of sketch plan approval to February 12, 2002; and WHEREAS, the applicant is requesting a second, six (6) month extension from February 12, 2002 to August 12, 2002; and Southold Town Plannin.q Board Page Eighteen March 11, 2002 WHEREAS, the applicant is in the process of securing the Suffolk County Department of Health permits for the action; be it therefore RESOLVED, to grant a six (6) month extension from the above date, retroact ve from February 12, 2002 to August 12, 2002 for the proposed minor subdivision Baxter / Sound Estates. Mr. Cremers: Second the motion. Chairman Odowski: Motion made and seconded. Any questions on the motion? All those in fa~,or?. Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Chairman Orlowski: Opposed? The motion carries. Chairman Odowski: Persistence Properties - This proposal is to set off a 1.99 acre parcel from an existing 7.87 acre parcel. The property is located on the north side ol CR 48, 941' northeast of Cox's Lane in Cutchogue. SCTM#1000-84-1-10.1 Mr. Latham: Mr. Chairman, I'll offer this: WHEREAS, the applicant proposes to set off 1.99 acres (Lot 1) from 7.87 acres (Lo 2) in the A-C Zoning District; and WHEREAS, the Southold Town Planning Board granted sketch plan approval on Apr 16, 2001 on the map dated March 19. 2001; and WHEREAS, the Southold Town Planning Board initiated the lead agency SEQR on A ~ril 16, 2001; and ~ WHEREAS. the Southold Town Planning Board granted a Negative Declaration on M~y 14, 2001; and WHEREAS, the sketch plan approval was extended to January 16, 2002; and WHEREAS, the applicant is requesting a six (6) month extension from the above date retroactive to January 16, 2002, the expiration date of the first granted extension; and WHEREAS, this is the second request for extension of sketch plan approval; be it therefore RESOLVED, to grant a six (6) month extension from January 16, 2002 to July 16, 2002. Southold Town Planning Board Pa.qe Nineteen March 11, 2002 Mr. Cremers: Second the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? AIl those in favor? Ayes: Mr. Odowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Chairman Orlowski: Opposed? The motion carries. Chairman Orlowski: John~ Tuthill - This proposal is for a clustered set-off of a 0.57z{ acre lot from an existing 35.918 acre parcel. The ~arcel is located on the southwest ~er of the intersection of Main Road & Rackett s Court in Odent. SCTM#1000-1~-6- Mr. Cremers: Mr. Chairman, I'll offer the following: RESOLVED that the Southold Town Planning Board grant a retro-active six-month extension of conditional sketch plan approval from February 13, 2002 to August '13~, 2002. Conditional sketch plan approval was granted on August 13, 2001. Mr. Edwards: Second the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor?. Ayes: Mr. Oflowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. .Chairman Odowski: Opposed? The motion carries. Chairman Odowski: Paradise Isles - This proposed minor subdivision is for 4 lots on 30.619 acres located on the north side of Island View Lane; 234.18 feet west of Bayshore Road and on the south side of August Lane in Southold. SCTM#1000-53-6. 46.2 and 57-2-1.1 Mr. Edwards: Mr. Chairman, I'll offer the following resolution: RESOLVED that the Southold Town Planning Board grant a retro-active six-month extension of conditional sketch plan approval from September 15, 200'1 to March 15,/ 2002. Conditional sketch plan approval was granted on September 30, 1996. Mr. Cremers: Second the motion. Southold Town Planninq Board Page TwenW March 11, 2002 Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor?. Ayes: Mr. Odowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Chairman Odowski: Opposed? The motion carries. SITE PLANS Bond Determinations: Chairman Orlowski: Laurel Links, Ltd. - This approved project is located in Mattitu~k. SCTM#1000-125-3-13, 15, 17; SCTM#'1000-125-4-21, 24.1 and SCTM#1000-126-"-1 Mr. Cag.qiano: Mr. Chairman, I'll offer the following: RESOLVED, to adopt the revised Bond Estimate in the amount of $522,825.00, dat.~d February 27, 2002, for Laurel Links, Ltd. as determined by the Town Engineer, and recommend same to the Town Board. The construction of the subdivision is approximately 40% complete and the revised Bond Estimate indicates the percents e of construction items completed to date and reflects the estimated cost of work remaining. Mr. Cremers: Second the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor?. Ayes: Mr. Odowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Chairman Odowski: Opposed? The motion carries. Mr. Caggiano: BE IT FURTHER RESOLVED, that a Letter of Credit in the amount of $50,000.00 issued on October 13, 2000 and drawn on the Bridgehampton National Bank for the purpose of clearing, grading and replacement of excavated materials relating to the construction of the Golf Course, be approved for release as determined by a letter, dated February 27, 2002, from the Town Engineer, and recommend same to the Tow~ Board. Mr. Edwards: Second the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor?. Southold Town Planning Board Page Twenty-One March 11, 2002 Ayes: Mr. Odowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Chairman Orlows.k_i: Opposed? The motion carries. SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Lead Agency Coordination: , Chairman_ Odowski: First Baptist Church of Cutcho,,que - This proposed site plan ts for a new 9,630' sq. ff. Church on 3.68 acres. The property is located on CR 48, 750i west of Alvah's Lane in Cutchogue. SCTM#1000-101-1-14.5 Mr. Cremers: Mr. Chairman, I~ll offer the following: BE IT RESOLVED that the Southold Town Planning Board start the lead agency coordination process on this unlisted action. Mr. Edwards: Second the motion. Chairman Odowsk. i: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Odowsk[, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Chairman Odowsk.i: Opposed? The motion carries. APPROVAL OF PLANNING BOARD MINUTES Chairman Orlowsld: Board to approve the May29, 2001 minutes. Mr. Ca.qgiano: So move. Mr. Cremers: Second. Chairman Odowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Odowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Chairman Odowski: Opposed? The motion carries. OTHER Southold Town Planning Board Pa,qe Twenty-Two March 11, 2002 Request for Site Plan Waiver: Chairman Odowski: KeySpan Temporary Substation - This proposed temporary substation wil! be located on the south side of Sound Avenue, east of Cox Neck Road in Mattituck. SCTM#1000-121-5-t.1 They have asked to waive it since they're just putting this up,, temporarily and eventually all of that whole substation will be removed from Mattituck. Ill entertain a motion. ~ Mr. Latham: ~ WHEREAS, KeySpan Energy, acting as an agent for LIPA, is planning to construct ~ temporary electric substation at the above location, which will be leased from the SL~ffolk County Water Authority for a period not exceeding nine months commencing June, 2002; and ~ WHEREAS, the temporary transformer will sit approximately 16 ft. above grade and ~will be installed on pre-cast concrete beams, enclosed by a 60 ff. by 60 ft. fenced area spread with Dolomite. The fence will be 7 ff. height standard chain link, with a 1ff. barbed wire extension along the top for security purposes; and WHEREAS, temporary poles will be installed along the access and egress easemen' to allow electrical power to transition from the LIPA power infrastructure to the temporary .substation transformers via overhead distribution feeders; and WHEREAS, upon completion of the new Jamesport substation in December, 2002, t temporary substation will be disconnected from servJce, removed, and the temporary site completely restored; and WHEREAS, the long range plan includes complete removal of the old Mattituck substation on the south side of Middle Road (Route 48), east of Cox Neck Road, in tt year 2004, and KeySpan/LIPA agreed, in a letter dated February 6, 2002, to remove structures, equipment, and buildings and will not use the Mattituck site to store equipment, material and or vehicles and that the site will be restored to a state that wi be aesthetically pleasing to the surrounding community; and S WHERAS, due to the temporary nature of the equipment and the footings for the proposed Sound Avenue substation, KeySpan/LIPA has requested the Town of Southold to grant a site plan waiver, and WHEREAS, KeySpan/LIPA has submitted a plan, elevation drawings, and details on surveys received on January 30, 2002 describing the temporary substation installation, and WHEREAS, the Town of Southold recognizes the cdtical nature of the need to provide adequate and uninterru pted electrical power during the temporary transmission conversion pedod by using substations to distribute power loads; and Southold Town Planning Board Pa.qe Twenty-Three March 11,2002 WHEREAS, any violation of the conditions of this resolution may be grounds for rescinding this waiver; be it therefore RESOLVED, that the Southold Town Plannin§ Board grant a waiver of site plan requirements. Mr. Edwards: Second the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in fa~/or? Ayes: Mr. Odowski Mr. Caggiano, Mr. Cmmers, Mr. Edwards, Mr. Latham. Chairman Orlowski: Opposed? The motion carries. Them is nothing left on our public agenda right now. If anybody would like to make comments on the record, they can do so. We are going to adjourn and go into a Wc Session. I'll ask if anyone would like to make any comments? (No one wished to be heard ) I'll entertain a motion to adjourn. Mr. Ca,q.qiano: So move. Mr. Edwards: Second. Chairman Odowski: Motion made and seconded. All those in favor?. Ayes: Mr. Orlowski. Mr. Caggiano, Mr. Cremers Mr. Edwards, Mr. Latham. Chairman Odowski: Opposed? The motion carries. There being no further business to come before the Board, the meeting was adjourr at 6:45 p.m. Respectfully submitted, Carol Kalin /-~---,., Barbara Rudder