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HomeMy WebLinkAboutPB-05/10/2004PLAIqNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair RICHARD CAGGI.kNO 'WILLL~I J. CRElklERS KENNETH I~ EDWARDS ~IARTIN H. 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 May 10, 2004 6:00 p.m. Present were: Jerilyn B. Woodhouse, Chairperson Richard Caggiano, Member William J. Cremers, Member Kenneth L. Edwards, Member Martin H. Sidor, Member Valerie Scopaz, Town Planner Mark Terry, Senior Environmental Planner Bruno Semon, Senior Site Plan Reviewer Victor L'Eplattenier, Site Plan Reviewer Carol Kalin, Secretary SETTING OF THE NEXT PLANNING BOARD MEETING Chairperson Woodhouse: Good evening. Welcome to the May 10th meeting of the Planning Board. Our first order of business is for the Board to set Monday, June 14, 2004 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. Chairperson Woodhouse: Motion made and seconded. All those in favor?. Aves: Ms. Woodhouse, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor Chairperson Woodhouse: Opposed? The motion carries. PUBLIC HEARINGS Southold Town Planning Board Page Two May 10, 2004 Chairperson Woodhouse: 6:00 p.m.: Forestbrook at Bayview - This proposal is to subdivide a 37.75 acre parcel into 7 lots where Lot 1 equals 2.5 acres; Lot 2, 1.72 acres; Lot 3, 1.50 acres; Lot 4, 1.50 acres; Lot 5, 1.56 acres; Lot 6, 2.45 acres and Parcel A (to be labeled as Lot 7), 25.75 acres. The Town of Southold is in contract to acquire the fee title of Parcel A (to be labeled as Lot 7) 25.75 acres for open space purposes. The property is located n/o North Bayview Road, 180 feet w/o Jacobs Lane, in Southold. SCTM#1000-79-2-7 Are there any comments? Abigail Wickham, Esq.: Good evening. I am here representing J & C Holding who is the owner of the property. My comments are very brief. I just want to mention to the Board, as well as to anyone who might be here in the audience, that this has been, as you know, a cooperative venture with the Town where the owner and the Town have sought to strictly limit the development of this property. What the general public does not understand, but I know the Planning Board and the Town's legal counsel understand only too well, is that it is difficult for the Town even in this day and age to push too far the limits on a private property rights of an owner when they develop property. But, this land owner was willing to play by the Town's rules during its moratorium and not challenge his right to build under existing legislation while the Town reviews its Code in terms of density. The project previous to this one, which our client withdrew, was for a 17-1ot subdivision on this property. He also withdrew, in connection with this project I mentioned, a 7-lot application - or decided not to file a 7-lot application - on another section in the Bayview neighborhood. We are proposing here a total of 6 lots. One neighbor mentioned to me that he would like to see none but we certainly know that that's not realistic and I don't know that taxpayers would be in a position to share that burden - or shoulder that burden - should that have to happen. So, we certainly think this is a good example of how to balance the needs of the Town to preserve open space and the needs of private property owners to proceed with their properties. We'd really like to thank the Planning Board and its staff for the coordinating efforts that they've invoked in this process and ask that the approval be granted tonight so we can finalize it as soon as possible. Thank you. Chairperson Woodhouse: Are there any other comments? Robert DeVito, Jacobs Lane, Southold: I received this in the mail. I have a few questions about this. I don't know if you have access to a copy of this proposed development. The area that has non-disturbed vegetation - does anybody know how big of an area we're talking about here? This map is really not accurate. I had to call up to find out even what direction of travel you're looking at here. The lady I spoke to didn't even have indicated like which direction north was. We have two North Bayview Roads. I'm not sure if they meant North Bayview Extension or North Bayview Road because they are two different roads. Does anyone know how big the area of non-disturbed vegetation means? Also, does it mean that it's going to be left exactly the way it is? Are they going to plant new trees in there to keep the vegetation up? Does anyone know how that's going to work? Southold Town Plannin,q Board Pa.qe Three May 10, 2004 Ms. Woodhouse: Mark- Mark Terry, Sr. Environmental Planner: The non-disturbed vegetation buffer that runs along North Bayview Road is 100 feet wide. Mr. DeVito: That's all they're going to make that? It can't be any bigger than that? 100 feet really isn't that big, ladies and gentlemen - 100 feet. I think- I realize it's going to be developed, of course, but I think it should be a little bit bigger than that. 100 feet really, to me, is not much undisturbed vegetation at all. I mean, that's from here like to that flower pot over there. That's hardly anything. I think the traffic and noise and everything is going to infiltrate on us. Yes, go ahead. Abi.qail Wickham, Esq.: I don't know whether the Board wants me to respond to one comment at a time or whether you would like to respond or whether you would like me to wait until the end and then respond but I'm happy to address any of these points that you'd like me to. Chairperson Woodhouse: Mark, is there anything that you wanted to add at this point? Mr. Terry: I'd just like to add that, as Ms. Wickham pointed out, this was a negotiation process and the 100 foot buffer was arrived at the negotiation of the project. Mr. DeVito: All right. So, that was determined under those circumstances is what you're saying? Mr. Terry: Right. Mr. DeVito: So, there's no way to change that, I assume, to make that larger?. In other words, like the lots would be a little bit smaller but is there any way to make that a little bit bigger- a little bit larger in area? Is there any intention of planting any trees to help aid in any kind of a buffer?. Mr. Terry: At this point, we're requiring covenants and restrictions - Mr. DeVito: What does that mean? Mr. Terry: That's a restriction on that buffer. Mr. DeVito: O.K. Mr. Terry: if and when a property owner wants to remove cer[ain types of vegetation, he has to re-plant it with native vegetation of New York State and Long Island. Mr. DeVito: O.K. Mr. Terry: So, the purpose of the buffer would never be compromised in the future. It will remain a screen and a screen to mitigate the scenic view from the road. Southold Town Planning Board PaRe Four May10,2004 Mr. DeVito: Because what we have there now is very thick, coarse vegetation. Is that vegetation going to stay? Mr. Terry: That is the terminology reference to non-disturbance. Mr. DeVito: So, it cannot be disturbed or touched? Mr. Terry: That's right. Mr. DeVito' Just that road going through to gain access to the houses? What's there now cannot be cut down? Mr. Terry: Without additional plans, as you say, and then coming before the Planning Board, they cannot disturb that non-disturbance buffer. Mr. DeVito: O.K. I just had a couple of other questions but if Ms. Wickham wants to continue, that's fine. Chairperson Woodhouse: Why don't you ask your next question. Mr. DeVito: O.K. On Lots 1 and 6 - Lot 1 is a 2.5 acre piece, I believe, and Lot 6 is a 2.45 acre piece. Ms. Woodhouse: Correct. Mr. DeVito: From North Bayview Road Extension, as far as when the houses are built, how far in from that road, going north, will these houses sit? Is there any limitation on that as to where they can be placed? As far as their well and their septic system is, is there any distance minimum they have to be from North Bayview Road Extension? I really can't tell from the way this map is constructed. Chairperson Woodhouse: You're questioning Lot #6? Mr. DeVito: 1 and 6. Chairperson Woodhouse: And Lot #1. Ms. Wickham: I think I know what he's asking. Ms. Woodhouse: Ms. Wickham? Abigail Wickham, Esq.: I think I know what he's asking. If you want me to answer it now, I will or I can wait. Ms. Woodhouse: Go ahead. Southold Town Planninq Board PaRe Five May 10, 2004 Ms. Wickham: I think he's asking how far above - if you look at the map - the 100 foot vegetation buffer, the houses could start to exist. Mr. DeVito: O.K. Ms. Wickham: My understanding is #1 that the Town's setback is 60 feet. So, 100 feet is an extra 40 feet of protection from the street line and, just to get back to your prior question, that non-disturbance buffer, as Mr. Terry indicated, will be defined in terms of a covenant on file in the County Clerk's Office that will restrict this property- this area of the property - to not removing vegetation so that it will maintain that screening that you have now. And the Planning Board essentially, by virtue of these covenants, will retain some sort of jurisdiction over a lot owner who tries to violate that. And, as far as where the house could start, there is along that dotted line - that would be the edge of buildings - but you couldn't build up right next to that line because, in doing so, you would disturb the non-disturbance vegetation. So, there would have to be some setback Mr. DeVito: So, you're saying approximately 60 feet? Ms. Wickham: No, it's going to be 100 feet. I'm saying the Town minimum is 60. We've exceeded that by 40 feet by going 100 feet north of North Bayview Road Extension. That's where we have to stop the bulldozers. Mr. DeVito: So, from that 100 foot mark where the vegetation line ends, to the lot itself, is it 60 feet minimum where a house could be placed? Ms. Wickham: No, it would have to be another distance that would enable you to get your bulldozer in and do all of your building without encroaching on that 100 feet. Mr. DeVito: But approximately how many feet would you say that would be? Abigail Wickham, Esq.: I'm not a builder. I would think a bulldozer would need at least 20 or 30 feet. I don't know. Mr. DeVito: Is it fair to say from North Bayview Road Extension - from the 100 foot buffer, to where they can dig the foundation for the first house, is it inconceivable to say that that house could be built at minimum 120 feet north of North Bayview Road? Ms. Wickham: No, I would say approximately 120 feet but not less than 100 feet. Mr. DeVito: Because if that's the case, if you can pour a foundation where the non- disturbed vegetation buffer ends 100 feet north of North Bayview Road Extension and another 20 feet - you're talking just 20 feet from here to the panel here - where the foundation is going to be poured, isn't that going to be encroaching on that buffer zone there? I mean, how do we know somebody won't come in there and cut it down? Southold Town Planninq Board Pa.qe Six May 10, 2004 Ms. Wickham: The lot owner is not allowed to encroach on the vegetation buffer. Therefore, in constructing a house, you would have to design the location so that it could be constructed, completed, maintained, etc. without encroaching on that 100 feet. So, whatever the builder or the owner felt was the reasonable distance would be what they would employ and my point is, that on any other lot in town, you only have to be 60 feet from the road and you don't need to have a buffer. So, we're giving 100 feet of buffer here plus whatever else is necessary to maintain the privacy of these lots and the owners and there is, under the Town Code, a 20% lot coverage limitation which further limits the amount of building that could occur on any of these lots. So, there's going to be plenty of room where there will not be buildings that are marring the landscape. Mr. DeVito: Alright. I just have one other question. The distance from where North Bayview Road - not North Bayview Road Extension but North Bayview Road - where Jacobs Lane runs into North Bayview Road, from that intersection going west, I believe that distance where Red Fawn Road will begin, is that 906 feet? I believe it is. I just want to double-check that. Do you know what I mean, where the intersection is? From North Bayview Road and Jacobs Lane where the curbing for the entrance will begin. Is that right? Ms. Wickham: 906 feet to the beginning of the curb, yes. That is correct. Mr. DeVito: O.K. I have no further questions. Thank you. Chairperson Woodhouse: Thank you. John Kendall, Goose Creek Lane, Southold: I'm glad the Holding Company saw the wisdom of dealing with the Town, coming to a conclusion which will benefit the both of us. Most of the people in this town are very jealous of their open space and I think it would behoove all builders of the future to consider this when they're talking to the Town about developments that are up and coming. We certainly want to preserve as much as we can and keep this town a good place to live without crowding everybody out. So, this outcome is probably the best that could have transpired under the circumstances. We would have all hoped that it would have been a smaller development but I guess we did the very best we could. In the future, let's keep on plugging to assure that we'll minimize development. Thank you. Ms. Woodhouse: Thank you. Are there any other comments? Garrett Stran.q: Good evening. I live in the area where this proposed project is going to take place on Highwood Road. The area that we're talking about has, as we all know, been fallow for years and has grown and become, in essence, an open space that everyone tends to admire. I'm happy to hear that from the original proposal to what we're dealing with today, it's been reduced substantially to 6 building lots which is great. My observation, on having looked at the subdivision map, is not only addressed at this particular subdivision but hopefully at others in the future, from what I understand, a majority or a bulk of the property is being conveyed to the Town of Southold for open space which is, again, great - it's an asset. My reservation with that is that the majority Southold Town Planning Board Paqe Seven May 10, 2004 of open space is not beneficial to everyone in the town who is basically paying for it through taxes since most of it is hidden behind the subdivision. My feeling is that it would be better had the subdivision been place further back on the property with the open space, if you will, closer to the road. Then most people wouldn't even know there was a subdivision back there. Secondly, I reflect the comment that was made previously with respect to, I think, that the 100 foot buffer really is inadequate. I think it should be considerably deeper, once again, to minimize the impact of the fact that there is a subdivision in there. You wouldn't even know it except for the entrance. The houses could be hidden if the buffer was deeper. And, lastly, if the entrance to subdivisions such as this could be done in such a way that it was winding or serpentine through the buffer area so that you couldn't even see the homes from the road because you wouldn't have a straight shot up the driveway as you do in this plan. That's basically what my observations and thoughts are on that and I hope that the Board considers them in the future. I'm not sure if there is anything that can be done at this point with this since the map seems to be pretty well almost finalized and I know it was a negotiation process to get here and I do admire the efforts that went in to bring it down from 17, I believe, to 6. Thank you for your time. Chairperson Woodhouse: Thank you. Is there anyone else who would like to comment? Lawrence Walser: Hi. I also live in the area. I have to take exception to what Mr. Strang just said. Obviously, those who live closest to the new houses are the least likely to be in favor of them. If they were to be pushed back, I would be more opposed. I understand his point of view. But, I don't want to address those. I have questions about the open space specifically. Ms. Woodhouse: O.K. Dr. Walser: I understand it's available for Town residents to utilize. Who will take responsibility for maintaining the property? Chairperson Woodhouse: The Town. Dr. Walser: The Town. Ms. Woodhouse: Yes. Dr. Walser: O.K. And so there will be regularly scheduled maintenance stops I suspect. Chairperson Woodhouse: I'm not familiar with how the Town does this. Do you want to say something, Val? Southold Town Planning Board Pa.qe Eight May 10, 2004 Valerie Scopaz, Director of Planning: Yes. If the Town decides to put in a trail of some sort, then the Town would be assuming the responsibility for doing that. If they decided to do that. Dr. Weiser: As Mr. Hurtado can probably attest to, recently members of the Town have decided to use that area for a dumping location which will be improved upon by having these homes there rather than old couches and mattresses. However, those items just may assume another location several hundred yards away. That's my suspicion because it costs less to drop it there then it does to find a large yellow bag to put a mattress in. So, I would be concerned about that area of open space because probably 99% of the residents in town won't use it and 1% will primarily for something of that nature. Ms. Scopaz: I would just like to suggest one thing. If you should observe illegal dumping, you should call the Code Enforcement Officer persistently to make sure that it doesn't continue. If you observe it, just call Ed Forrester and just keep calling. We now have an attorney assigned to code enforcement and something will be done about it. Dr. Weiser: O.K. Thank you. The second question that I have is what assurances are there that, in years to come perhaps with other members on the Board or other people in office, that the land does look attractive and, that in a time of fiscal need, could be sold for development rights. Mark Terry: This is a fee title acquisition which means the development rights are bought outright. There is no opportunity to reneg, on that once the subdivision is approved. It will perpetually remain as open space for public use. Dr. Weiser: O.K. And the last question, perhaps most people in this room can relate to, now that there will be less land for the deer to occupy, what plans does the Town have to try to deal with that over-population of deer that have virtually decimated all foliage on all residents' property in the North Bayview area? Any plans, any thoughts? Chairperson Woodhouse: Does anyone have any comments? Mr. Terry: As you know, there's a significantly large parcel next door with a subdivision proposed that we are also purchasing fee title acquisition for and it was looked at holistically to try to create some sort of wildlife preserve or wildlife area within this particular area. Lawrence Weiser: The wildlife have chosen not to remain in the wildlife preserve areas. They have decided to feast upon everybody's ornamental plants so that areas that used to have vegetation now have sticks and this will just exacerbate the situation. Not to mention the fact that it's treacherous driving because they're crossing the roads. And while their lives may be valuable in a sense, I'm sure to many people, when there's a car crash that involves a human that may be potentially fatal, I think that most people look at it in a different light and there's almost not a single evening that I drive that there aren't deer crossing in order to gain access for food, I presume. So, there should be a Southold Town Planning Board Pa.qe Nine May 10, 2004 plan - whatever that may be - for re-location, elimination, sterilization. Some plan because that's part of development - what to do with the wildlife that's been displaced. Kenneth Edwards: I don't think it's just a Town problem. The DEC gets involved. They control all of the seasons and everything with wildlife. Chairperson Woodhouse: You've identified a problem that is serious throughout the Town and I would urge you to communicate with our Supervisor your concerns. I think it's important that he hear from you about this. There are things that are affecting all of us. That's a little bit outside our purview on the Planning Board although we share your concerns. Dr. Walser: O.K. Thank you. Ms. Scopaz: I just wanted to add one thing. One of the other Board Members reminded me if you want to report dumping, you can also call your local Police Department, particularly if the dumping is happening on a weekend or after hours. To call the Police Department, just call the dispatcher. William Cremers: Just call the Police Department. That's what we did once and the Policeman came right away. My wife saw the car leaving with the license plate and they tracked the fellow down and got it cleaned up the next day or face a fine. So, you can call the Police Department also besides the Code Enforcement Officer. Chairperson Woodhouse: Is there anyone else who would like to address the Board? Yes, Sir?. Gunther Geiss, Southold: I'd just like to follow up on the gentleman's question. When the Town buys a piece of property, is there in some way a prohibition against the Town selling that property in a time of economic distress? Mark Terry: That's correct. It's recorded in all the sale agreements that it cannot be up for sale again. We're buying fee title - we're actually buying the property in this case. All development rights and even the underlying land at this point. Mr. Geiss: Well, see, my problem is I'm a na'~'ve person about these regulations but it seems to me what you're doing is preventing a member of the public from purchasing it. But does that mean the Town, in the case that it becomes nearly bankrupt, is prevented from selling the property in order to recover itself? Chairperson Woodhouse: I think Ms. Wickham would like to address that. Abi.qail Wickham, Esq.: I think, actually, some of the points that Dr. Walser and Mr. Strang made, as well as Mr. Geiss, are good ones and that is an important one. In the J & C Holding Contract with the Town, we required that the Town use the property strictly for passive, open space requirements. So, not only will it be available to the public but it will not be an active recreational facility. It will be hiking trails and that type of thing and Southold Town Planning Board Paqe Ten May 10, 2004 that was required as a condition of the contract. And, beyond that, I believe when you use open space preservation funds for acquisition by the Town, which you are here, the Town, down the road - which I think is what he was getting at - is prohibited from diverting the use of the property down the road for some other purpose. So, could the Town, if it needs affordable housing, put it here? No. It can't do it for any purpose other than passive recreational use. That's very important. That does address somewhat Garrett Strang's concern that the open space is somewhat tucked away. That is true to a certain extent although there is a fair amount of road frontage. One reason the lots were put where they were - I know there are only two lots that are actually going to be on the current road itself- was because, first of all, they are tucked behind the three or four properties on North Bayview Road and also because the land in the back was somewhat inaccessible due to the private right-of-way to the Hale Property. It's an unusual layout of the property up there and there are some wetlands on the northwestern side that we had to stay away from that would lend themselves nicely to this passive recreation area. So, that's why it was designed like that although I understand why he raised the question. It was a good one. If I could just mention the winding road. That is also a nice idea but we've seen that when you're doing a conservation subdivision and limiting your density, cost is important and the cost of a winding road is considerably more and would use up more lot area than a straight one. As far as the 100 back- again, if we pushed it any further back, that would cut more into what the Town was going to be able to preserve. We do think that is the best way that it could have been handled although they are good points that have been raised. Thank you. Chairperson Woodhouse: Thank you. Would anyone else like to comment? John Kendall: I would like to comment. At one point in time, I had suggested since everybody is so proud of the Town, that those of us who were able and saw refuse on the road and things that didn't belong - things that were dumped where we could not identify who did it - would police the stuff up ourselves and take it to the dump. I suggested this to somebody and they said that would be very tough to administer. But, if you were to put something in the paper to address concerned citizens and give them the benefit of taking stuff to the dump or ask that they do so, it might alleviate some of the problems. Thank you. Ms. Woodhouse: Thank you. Is there anyone else who would like to address the Board? (No one else asked to speak.) Any comments from our Board? Hearing none, I'll entertain a motion to close the hearing. Mr. Edwards: So move. Mr. Cremers: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor Southold Town Planning Board Page Eleven May 10, 2004 Chairperson Woodhouse: Opposed? The motion carries. (The public hearing was closed at 6:30 p.m.) Mr. Edwards: Madame Chairman, I'd like to entertain the following motion: WHEREAS, this proposal is to subdivide a 37.75 acre parcel into 7 lots where Lot 1 equals 2.5 acres; Lot 2, 1.72 acres; Lot 3, 1.50 acres; Lot 4, 1.50 acres; Lot 5, 1.56 acres; Lot 6, 2.45, acres Lot 7, 25.75 acres; and WHEREAS, the Town of Southold is in contract to acquire the fee title of Lot 7 (25.75 acres) for open space purposes; and WHEREAS, on January 12, 2004, the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, established itself as lead agency for the proposed action, and as lead agency, granted a Negative Declaration for the proposed action; and WHEREAS, on January 12, 2004, the Southold Town Planning Board granted conditional sketch plan approval on the plat, dated & last revised on November 5, 2003; therefore, be it RESOLVED, that the Southold Town Planning Board adopt the report submitted by the Office of the Engineer, dated May 4, 2004. Mr. Cremers: Second the motion. Chairperson Woodhouse: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Ms. Woodhouse, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor Chairperson Woodhouse: Opposed? The motion carries. Mr. Edwards: BE IT FURTHER RESOLVED, that the Southold Town Planning Board adopt the bond estimate, dated April 5, 2004, in the amount of $193,810.00 together with an Administrative Fee in the amount of $11,628.60 and recommend the same to the Town Board. Mr. Cremers: Second the motion. Chairperson Woodhouse: Motion made and seconded. Any questions on the motion? Ali those in favor? Ayes: Ms. Woodhouse, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor Southold Town Planning Board Pa.qe Twelve May 10, 2004 Chairperson Woodhouse: Opposed? The motion carries. Mr. Edwards: BE IT FURTHER RESOLVED, that the Southold Town Planning Board grant preliminary approval on the plat, dated as revised March 8, 2004. The following items remain outstanding and must be submitted in order to proceed to final approval: The Planning Board has reviewed the property and has decided that it is inadequate for a reservation of land for park and playground use. Therefore, a cash payment in lieu of land reservation will be required. The amount to be deposited with the Town Board shall be $30,000. ($5,000. per vacant lot in the subdivision). Payment is required prior any the final endorsement of the map. A statement that Red Fawn Road will be dedicated to the Town of Southold or the filing of the right-of-way maintenance agreement with the Suffolk County Clerk and, upon filing, the recording of the liber and page number upon the final map. The filing of the amended Covenant and Restriction with the Suffolk County Clerk and, upon filing, the recording of the liber and page number upon the final map. The required amendments include: Please replace clause 4 with the following language "All undisturbed, vegetation bu;rfers shown on lots are permitted to be maintained to remove noxious, dead and decayed vegetation provided that the area in which maintenance activity is conducted will be re-vegetated with species native to Long Island and the State of New York; such clearing shall be subject to review by the Town Planning Board to insure the proper maintenance and preservation of the natural buffer". b. Please delete Item 5. The submission of a performance guarantee for improvements in the amount of $193,801.00 and administrative fee in the amount of $11,628.60 to this office. 5. Submission of 3 mylar and 8 paper plats with Suffolk County Department of Health approval stamp. Mr. Cremers: Second the motion. Chairperson Woodhouse: Motion made and seconded. Any questions or discussions on the motion? All those in favor? Southold Town Planninq Board Pa.qe Thirteen May 10, 2004 Richard Ca.q.qiano: Madame Chairman, I have a comment to make. Chairperson Woodhouse: O.K. Mr. Ca,qqiano: On the buffer, on the Zoumas one, we added some language on the vegetation. Would it be appropriate to add the same language here? Mr. Edwards: I don't think it would hurt. Mr. Cremers: Yes. Ms. Woodhouse: Yes, and that language - do you have it in front of you there? Mr. Caq.qiano: In accordance with a plan approved by the Planning Board. Ms. Woodhouse: Alright. The motion has been amended. Is there any discussion on that? All in favor of this amended motion? Ayes: Ms. Woodhouse, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor Chairperson Woodhouse: Opposed? The motion carries. Thank you, Mr. Caggiano. Chairperson Woodhouse: 6:05 p.m.: 1670 House Fine Furniture & Gifts - This amended site plan is for interior alteration of an existing 6,069 sq. ft. building to include 894 sq. ft. of second floor furniture retail space in addition to the following: 2,894 sq. ft. furniture retail and 3,175 sq. ft. of storage on a 0.53 acre pareel in the B Zone located on the north side of County Road 48, approximately 1,393 feet east of Youngs Avenue, known as 47025 County Road 48, in Southold. SCTM#1000-55-2-23 Is there anyone who would like to address the Board? Garrett Stmnq, Architect, Agent for the Applicant: Good evening. I think the application is relatively straight forward. Simply, there is an existing attic space in the building that is used for storage - primarily storing of furniture pieces - and the owner of the business would like to make that area available for patrons to view what is up there. It is really not increasing the intensity of the use at all and it is a minor amendment, I believe, to the site plan. If the Board has any questions, or anyone else has any questions, I would be happy to address them. Ms. Woodhouse: Is there anyone in the audience who would like to address the Board? (No one asked to be heard.) Are there any comments from the Board? Hearing none, I'll entertain a motion to close the hearing. Mr. Edwards: So move. Southold Town Planning Board Page Fourteen May 10, 2004 Mr. Cremers: Second. Chairperson Woodhouse: Motion made and seconded. Any questions or discussion on the motion? All those in favor?. Ayes: Ms. Woodhouse, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor Chairperson Woodhouse: Opposed? The motion carries. (The hearing was closed at 6:37 p.m.) Mr. Cremers: I'd like to offer the following resolution: WHEREAS, the proposed amended site plan, to be known as the 1670 House, is for an interior alteration of an existing 6,069 sq. ft. building to include 894 sq. ft. of second floor furniture retail space in addition to the following: 2,894 sq. ft. furniture retail and 3,175 sq. ft. of storage on a 0.53 acre parcel in the B Zoning District; and WHEREAS, Gordon & Madeline Schlaefer are the owners of the property known and designated as 47025 County Road 48, located on the north side of CR 48, approximately 1,393 feet east of Youngs Avenue in Southold, SCTM#1000-55-2-23; and WHEREAS, on April 5, 2004, a formal application for amendment of the site plan approved by the Southold Town Planning Board on November 5, 2001 was submitted for approval; and WHEREAS, on April 19, 2004, Garrett A. Strang certified the current design load of the existing septic system as capable of supporting this action and the Planning Board accepts this for approval; and WHEREAS, on April 19, 2004, the Architectural Review Committee reviewed and approved the interior alteration and the Planning Board has accepted the recommendation; and WHEREAS, on April 26, 2004, the Southold Town Building Inspector reviewed and certified the site plan; and WHEREAS, on April 30, 2004, the Southold Town Fire District indicated no fire well is needed and the Planning Board has accepted their recommendation; and WHEREAS, on May 4, 2004, the Southold Town Engineer reviewed and approved the site plan and the Planning Board has accepted his recommendation; therefore, be it RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act (6 NYCRR), Part 617.6, makes a determination that the proposed action is a Type II and not subject to review. Mr. Edwards: Second the motion. Southold Town Planninq Board Paqe Fifteen May 10, 2004 Chairperson Woodhouse: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Ms. Woodhouse, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor Chairperson Woodhouse: Opposed? The motion carries. Mr. Cremers: WHEREAS, on May 10, 2004, the final public hearing was closed; 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 FURTHER RESOLVED that the Southold Town Planning Board grant final approval on the site plan prepared and certified by Garret A. Strang, Architect, dated January 10, 2001 and last revised March 26, 2004, and authorize the Chairperson to endorse the final amended site plans with the following condition and subject to a one year review from the date of the building permit: All outdoor lighting shall be shielded so that the light source is not visible from adjacent properties and roadways. Lighting fixtures shall focus and direct the light in such a manner as to contain the light and glare within property boundaries. The lighting must meet the Town Code requirements. 2. All signs shall meet Southold Town Zoning Codes and be subject to approval from the Southold Town Building Inspection. Under Southold Town Code Section 100-254 4.b, the Planning Board grants final approval for less than the required number of spaces for that use; the Planning Board shall have the right to review the parking requirements again if a change in use is proposed. Mr. Edwards: Second the motion. Chairperson Woodhouse: Motion made and seconded. Any questions or discussion on the motion? I have one. I'd like to change on #2: inspection to inspector. Make that change, please. Does anyone else have any questions or comments? All those in favor? Ayes: Ms. Woodhouse, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor Chairperson Woodhouse: Opposed? The motion carries. Thank you, Mr. Strang. Southold Town Planninq Board Page Sixteen May 10, 2004 Mr. Stran.q: Thank you and good evening. Hearings Held Over From Previous Meetings: Chairperson Woodhouse: Silver Nail Vineyards - This site plan is for a new winery building of 5,477 sq. ft. on a 21.5019 acre parcel in the A-C Zone located on the north side of New York State Route 25 approximately 3,612' east of Peconic Lane, in Southold. SCTM#(s)1000-75-2-15.1 & 15.2 We're going to have a resolution to keep this hearing open. Mr. Edwards: BE IT RESOLVED that the Southold Town Planning Board hereby holds the public hearing for Silver Nail Vineyards open. Mr. Cremers: Second. Chairperson Woodhouse: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Ms. Woodhouse, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor Chairperson Woodhouse: Opposed? The motion carries. 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 hearing will stay open while the moratorium is in effect. I'll entertain a motion to keep this hearing open. Mr. Edwards: RESOLVED that Local Law Number 3 was adopted at the regular meeting of the Southold Town Board on August 13, 2002 entitled "Local Law in relation to a Temporary Moratorium on Processing, Review of, and making decisions on applications for Major Subdivisions, Minor Subdivisions and Special Use Permits containing Dwelling Units in the Town of Southold" and therefore no comment can be accepted or action can be made on this application. Mr. Cremers: Second. Southold Town Planning Board Page Seventeen May 10, 2004 Chairperson Woodhouse: Motion made and seconded. Any questions on the motion? All those in favor?. Ayes: Ms. Woedhouse, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor Chairperson Woodhouse: Opposed? The motion carries. MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES AND SET- OFF APPLICATIONS Final Extensions: Chairperson Woodhouse: 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) Would you please read this? Mr. Caq.qiano: WHEREAS, this proposed subdivision is for 3 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 were sold to the Town of Southold on Mamh 3, 1986; and WHEREAS, conditional final approval was granted for the action on September 9, 2003 and expired on March 9, 2004; and WHEREAS, the applicant has requested that conditional final approval for the proposed action be extended; therefore BE IT RESOLVED that the Planning Board grant a retroactive extension of conditional final approval effective from March 9, 2004 to September 9, 2004. Mr. Cremers: Second the motion. Chairperson Woodhouse: Motion made and seconded. Any questions on the motion? All those in favor?. Ayes: Ms. Woodhouse, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor Chairperson Woodhouse: Opposed? The motion carries. Southold Town Planninq Board Pa.qe Eighteen May 10, 2004 Setting of Preliminary Hearings: Chairperson Woodhouse: Zoumas at Bayview - This proposal is to subdivide a 47.71 acre parcel into 6 residential lots where Lot 1 equals 91,226 sq. ff.; Lot 2, 86,235 sq. ft.; Lot 3, 82,606 sq. ft.; Lot4, 82,635 sq. ft.; Lot 5, 83,210 sq. ft. and clustered Lot 6 known as Gay Reese, 21,500 sq. ft. and 37.70 acres of open space (to be labeled as Lot 7). The Town of Southold is in contract to acquire the fee title of 37.70 acres (to be labeled as Lot 7) for open space purposes. The preper[y is located on the noah side of NoAh Bayview Rd., +/- 200' west of Brigantine Dr., Southold. SCTM#1000-79-4-17.17 WHEREAS, this proposal is to subdivide a 47.71 acre parcel into 6 residential lots where Lot 1 equals 91,226 sq. ft.; Lot 2, 86,235 sq. ft.; Lot 3, 82,606 sq. ft.; Lot 4, 82,635 sq. ft.; Lot 5, 83,210 sq. ft. and clustered Lot 6 known as Gay Reese, 21,500 sq. ft. and 37.70 acres of open space (to be labeled at Lot 7); and WHEREAS, the Town of Southold is in contract to acquire the fee title of 37.70 acres (to be labeled as Lot 7) for open space purposes; and WHEREAS, the Gay Reese Lot (6) is a clustered lot equal to 21,500 sq. ft., therefore, the clustered open space needed to satisfy the yield requirement (80,000 sq. ft.) is equal to 1.34 acres and included within the area of Lot 7; and WHEREAS, it is the understanding of the Planning Board that the applicant has agreed to file a Covenant & Restriction upon Lots 1 through 5 that limits clearing to 1 acre upon each lot; and WHEREAS, it is the understanding of the Planning Board that the applicant has agreed to file a Covenant and Restriction that the 50' vegetative buffer on Lots 1, 2 and 5 is an undisturbed, natural buffer and is to remain as such in perpetuity; and WHEREAS, the undisturbed, natural buffer on Lots 1,2 and 5 is permitted to be maintained to remove noxious, dead and decayed vegetation provided that the area in which maintenance activity is conducted will be re-vegetated in accordance with an plan approved by the Planning Board with species native to the State of New York to insure that the purpose of the buffer remains; and WHEREAS, the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR PART 617, Section 617.7, established itself as lead agency for the proposed action and, as lead agency, granted a Negative Declaration for the proposed action; and WHEREAS, the Suffolk County Department of Health issued approval for the action on April 30, 2004; therefore, be it Southold Town Planning Board Page Nineteen May 10, 2004 RESOLVED that the Southold Town Planning Board set Monday, June 14, 2004, at 6:10 p.m. for a preliminary public hearing on the maps dated as revised, March 22, 2004. Mr. Cremers: Second the motion. Chairperson Woodhouse: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Ms. Woodhouse, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor Chairperson Woodhouse: Opposed? The motion carries. Setting of Final Hearings: Doyen, Francis & Christena- This proposed action involves a lot line change between two existing undersized lots (Parcel A equals 6,160 sq. ft. and Parcel B equals 1,525 sq. ft.), increasing the size of the smaller parcel and deeding a 10 ft. ROW for fire and utility maintenance across the larger lot (Parcel A). Before the proposed change, Parcel A is .144 acres, Parcel B is .035 acres and Parcel C (ROW) is .042 acres. After the change, Parcel A will be .159 acres, Parcel B will be .063 acres, and Parcel C will be eliminated. The property is located on Hedge Street, approximately 410 feet north of Montauk Avenue, on Fishers Island in the R-40 Zoning District. SCTM#1000-10-7-27.1 Mr. Edwards: I'd like to entertain the following motion: WHEREAS, the applicant proposes a lot line change between two existing undersized lots (Parcel A equals 6,160 sq. ft. and Parcel B equals 1,525 sq. ft.), increasing the size of the smaller parcel and deeding a 10 ft. ROW for fire and utility maintenance across the larger lot (Parcel A). Before the proposed change, Parcel A is .144 acres, Parcel B is .035 acres and Parcel C (ROW) is .042 acres. After the change, Parcel A will be .159 acres, Parcel B will be .063 acres, and Parcel C will be eliminated; therefore, be it 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. Mr. Cremers: Second the motion. Chairperson Woodhouse: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Ms. Woodhouse, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor Chairperson Woodhouse: Opposed? The motion carries. Southold Town Planning Board Pa.qe Twenty May 10, 2004 BE IT FURTHER RESOLVED that the Southold Town Planning Board set Monday, June 14, 2004 at 6:05 p.m. for a final public hearing on the maps, dated as revised 3/16/04. Mr. Cremers: Second the motion. Chairperson Woodhouse: Motion made and seconded. Any questions on the motion? All those in favor?. Ayes: Ms. Woodhouse, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor Chairperson Woodhouse: Opposed? The motion carries. Thank you, Ken. Sketch Determinations: Chairperson Woodhouse: Kanev, H. Lloyd - This proposal is to set off a 2.93 acre improved lot from a 25.45 acre parcel. The parcel is located at the terminus of Strathmors Road in East Marion. SCTM#1000-21-1-10 Mr. Cremers: I'll offer the following resolution: WHEREAS, this proposal is to set off a 2.93 acre improved lot from a 25.45 acre pamel (SCTM#1000-21-1-30.1) in East Marion located within the R-40 Zoning District; and WHEREAS, on April 12, 2004 the Southold Town Planning Board, pursuant to Par-[ 617, Article 6 of the Environmental Conservation Law acting under the State Environmental Quality Review Act, initiated the SEQRA coordination process for this unlisted action; and WHEREAS, the New York State Department of Environmental Conservation will require a Tidal Wetland Permit for the action; be it therefore RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR PART 617, Section 617.7, establishes itself as lead agency for the unlisted action and, as lead agency, grants a Negative Declaration for the proposed action. Mr. Edwards: Second the motion. Chairperson Woodhouse: Motion made and seconded. Any questions on the motion? All those in favor?. Ayes: Ms. Woodhouse, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor Chairperson Woodhouse: Opposed? The motion carries. Southold Town Plannin.q Board Paqe Twenty-One May 10, 2004 Mr. Cremers: BE IT FURTHER RESOLVED, that the Southold Town Planning Board grant conditional sketch plan approval on the plat, dated & last revised on November 18, 2003, subject to the following conditions: 1. The submission of a Tidal Wetland Permit for the action. Mr. Edwards: Second the motion. Chairperson Woodhouse: Motion made and seconded. Any questions on the motion? All those in favor?. Ayes: Ms. Woodhouse, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor Chairperson Woodhouse: Opposed? The motion carries. Sketch Extensions: Chairperson Woodhouse: 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 north side of New York State Route 25 approximately 367 feet west of Stars Road known as 9395 Main Road, in East Marion. SCTM#1000-31-3-11.30 Mr. Sidor: WHEREAS, this proposal is for a cluster set-off of a 30,000 square foot parcel from an existing 163,229 square foot parcel located on the north side of New York State Route 25, approximately 367 feet west of Stars Road, known as 9395 Main Road, in East Marion; SCTM#1000-31-3-11; 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; and WHEREAS, the applicant sought to extend the May 13, 2003 conditional sketch plan approval date and the Planning Board granted the extension for six months; and WHEREAS, on May 12, 2003 the Southold Town Planning Board, acting under the State Environmental Quality Review Act, performed an uncoordinated review of this Unlisted Action. The Planning Board establishes itself as lead agency, and as lead agency, made a determination of non-significance and granted a Negative Declaration; and Southold Town Planninq Board Paqe Twenty-Two May 10, 2004 WHEREAS, the applicant sought to extend the November 10, 2003 conditional sketch plan approval date and the Planning Board granted the extension for six months; therefore, be it RESOLVED, that the Southold Town Planning Board grant a six month extension from the date of this resolution on the conditional sketch plan approval on the map, dated May 9, 2003, subject to the following conditions: 1. 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. 2. The final map of the Clustered Set-Off for East Marion Fire District conform and comply with Article XVIII Section 100-181 of the Southold Town Code as required. 3. 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. This language must be included in a Covenant and Restriction filed with the Clerk of Suffolk County. Upon filing, the liber and page number must be included upon the final map. 4. 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. Chairperson Woodhouse: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Ms. Woodhouse, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor Chairperson Woodhouse: Opposed? The motion carries. MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES, SET-OFF APPLICATIONS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Lead Agency Designation: Southold Town Planning Board Paqe Twenty-Three May 10, 2004 Chairperson Woodhouse: Oregon Landinq - The proposed action will subdivide a 25.79 acre parcel (SCTM#1000-83-2-9.1) into five lots where Lot 1 will equal 81,039 sq. ft.; Lot 2 will equal 81,016 sq. ft.; Lot 3 will equal 75,738 sq. ft.; Lot 4 will equal 70,383 sq. ft. and Lot 5 will equal 18.28 acres of which 15.97 acres is proposed for a Development Rights Sale. The project is located n/o Oregon Road, 625 feet w/o Bridge Lane, in Cutchogue. Mr. Ca.q.qiano: WHEREAS, the proposed action will subdivide a 25.79 acre parcel (SCTM#1000-83-2- 9.1) into five lots where Parcel 1 will equal 81,039 sq. ft.; Parcel 2 will equal 81,016 sq. ft.; Parcel 3 will equal 75,738 sq. ft.; Parcel 4 will equal 70,383 sq. ft. and Parcel 5 will equal 18.28 acres of which 15.97 acres is proposed for a Development Rights Sale to the Town of Southold; therefore be it RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR PART 617, Section 617.7, establishes itself as lead agency for the proposed action. Mr. Cremers: Second the motion. Chairperson Woodhouse: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Ms. Woodhouse, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor Chairperson Woodhouse: Opposed? The motion carries. Please continue. Mr. Ca,q,qiano: BE IT FURTHER RESOLVED, that a determination of significance pursuant to the State Environmental Quality Review Act pursuant to 6 NYCRR PART 617 cannot be made due to outstanding information necessary to evaluate the action. Mr. Cremers: Second the motion. Chairperson Woodhouse: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Ms. Woodhouse, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor Chairperson Woodhouse: Opposed? The motion carries. Setting of Final Hearings: Southold Town Plannin.q Board Pa.qe Twenty-Four May 10, 2004 Chairperson Woodhouse: Omnipoint Communications~ Inc. - This proposed site plan is erect a 100' flagpole and affix public utility wireless telecommunication panel antennas on a 3.82 acre parcel in the LI Zone located on the south side of County Road 48, approximately 50' west of Westphalia Avenue, in Mattituck. SCTM#1000-141- 3-38.1 .Mr. Edwards: I'd like to entertain the following motion: WHEREAS, the applicant proposes to erect a 100' flagpole and affix public utility wireless telecommunication panel antennas on a 3.82 acre parcel in the LI Zone; therefore, be it RESOLVED, that the Southold Town Planning Board sets Monday, June 14, 2004, at 6:00 p.m. for a public hearing regarding the maps for the above-referenced site plan. Mr. Cremers: Second the motion. Chairperson Woodhouse: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Ms. Woodhouse, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor Chairperson Woodhouse: Opposed? The motion carries. SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Type II Determinations: Chairperson Woodhouse: Osprey's Dominion Conservatory Addition - This proposed site plan is for an alteration and addition of the existing conservatory building of 1,357 sq. ft. to include a first floor addition of 1,350 sq. ft. and a new second floor storage area of 731 sq. ft. which includes a site plan change in parking from 31 spaces required to 36 spaces provided on a 4.46 acre parcel in the AC Zone located at 44075 NYS Road 25 (Main Road) in Peconic. SCTM#(s)1000-75-1-20.1 & 20.2 Mr. Cremers: I'll offer the following: WHEREAS, the proposed amended site plan is for an alteration and addition of the existing conservatory building of 1,357 sq. ft. to include a first floor addition of 1,350 sq. ft. and a new second floor storage area of 731 sq. ft. which includes a site plan change in parking from 31 spaces required to 36 spaces provided on a 4.46 acre parcel in the AC Zone located at 44075 NYS Road 25 (Main Road)in Peconic, SCTM#(s)1000-75-1- 20.1 & 20.2; be it therefore Southold Town Planninq Board Pa.qe Twenty-Five May 10, 2004 RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act (6 NYCRR), Part 617.6, makes a determination that the proposed action is a Type II and not subject to review. Mr. Edwards: Second the motion. Chairperson Woodhouse: Motion made and seconded. Any questions on the motion? All those in favor?. Ayes: Ms. Woodhouse, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor Chairperson Woodhouse: Opposed? The motion carries. Lead Agency Coordination: Chairperson Woodhouse: Cutcho.que Harbor Marina - This proposed site plan is for an existing marina to include 18,029 sq. ft. of existing buildings, 120 existing boat slips, 95 existing parking spaces, 4 buildings including 1 apartment, 1 single family dwelling, office, bathroom and accessory building on a 3.9 acre pamel in the MI Zone located at the intersection of West Road and West Creek Avenue, on the west side of West Creek Avenue, in Cutchogue. SCTM#1000-110-1-12 WHEREAS, the applicant proposes a site plan for an existing marina to include 18,029 sq. ft. of existing buildings, 120 existing boat slips and 95 existing parking spaces on a 3.9 acre parcel in the MI Zone located at the intersection of West Road and West Creek Avenue, on the west side of West Creek Avenue, in Cutchogue, SCTM#1000- 110-1-12; be it therefore RESOLVED, that the Southold Town Planning Board, pursuant to Part 617, Article 6 of the Environmental Conservation Law, acting under the State Environmental Quality Review Act, initiates the SEQRA lead agency coordination process for this unlisted action. Mr. Cremers: Second the motion. Chairperson Woodhouse: Motion made and seconded. Any questions on the motion? All those in favor?. Ayes: Ms. Woodhouse, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor Chairperson Woodhouse: Opposed? The motion carries. Chairperson Woodhouse: CVS Pharmacy - This site plan is for an alteration of a 14,467 sq. ft. building to retail pharmacy space on a 1.78 acre parcel in the B and R-40 Southold Town Planning Board Pa.qe Twenty-Six May 10, 2004 Zones located on the south side of NYS Road 25, between Sigsbee Road and Madene Lane, in Mattituck. SCTM#(s)1000-143-2-1, 2, 4, 27.1, & 28 Mr. Sidor: WHEREAS, the applicant proposes a site plan for an alteration of a 14,467 sq. ft. building to retail pharmacy space on a 1.78 acre parcel in the B and R-40 Zones of the south side of NYS Road 25 between Sigsbee Road and Madene Lane, in Maftituck; SCTM#1000-143-2-1,2, 4, 27.1, & 28; be it therefore RESOLVED, that the Southold Town Planning Board, pursuant to Part 617, Article 6 of the Environmental Conservation Law acting under the State Environmental Quality Review Act, initiates the SEQRA lead agency coordination process for this unlisted action. Mr. Cremers: Second the motion. Chairperson Woodhouse: Motion made and seconded. Any questions on the motion? All those in favor?. Ayes: Ms. Woodhouse, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor Chairperson Woodhouse: Opposed? The motion carries. Chairperson Woodhouse: RMB Realty, LLC~ Medical Arts Buildin.q - This proposed site plan is for two new one-story buildings of 7,000 sq. ft. each with 10 separate offices for a total of 14,000 sq. ft. The property is located at the intersection on the south side of County Road 48 and the east side of Horton Lane, known as 43960 County Road 48, in Southold. Mr. Ca.q.qiano: WHEREAS, the applicant proposes two new one-story buildings of 7,000 sq. ft. each with 10 separate offices for a total of 14,000 sq. ft. on a 2.437 acre parcel in the LB Zone located at the intersection on the south side of County Road 48 and the east side of Horton Lane, known as 43960 County Road 48, in Southold; SCTM#1000-63-1-15; be it therefore RESOLVED, that the Southold Town Planning Board, pursuant to Part 617, Article 6, of the Environmental Conservation Law acting under the State Environmental Quality Review Act, initiates the SEQRA lead agency coordination process for this unlisted action. Mr. Cremers: Second the motion. Southold Town Planninq Board PaqeTwenty-Seven May 10, 2004 Chairperson Woodhouse: Motion made and seconded. Any questions on the motion? All those in favor?. Ayes: Ms. Woodhouse, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor Chairperson Woodhouse: Opposed? The motion carries. APPROVAL OF PLANNING BOARD MINUTES Chairperson Woodhouse: I'll entertain a motion for the Board to approve the April 12, 2004 minutes of the Planning Board. Mr. Cremers: So move. Mr. Edwards: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor Chairperson Woodhouse: Opposed? The motion carries. I11 entertain a motion to adjourn the meeting. Mr. Edwards: So move. Mr. Sidor: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor Chairperson Woodhouse: Opposed? The motion carries. There being no further business to come before the Board, the meeting was adjourned at 7:00 p.m. ¢.~rilyn B. ~Voodhouse, Chairperson Respectfully submitted, Carol Kalin