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HomeMy WebLinkAboutPB-06/14/2004MINUTES June 14, 2004 6:00 p.m. Present were: Jerilyn B. Woodhouse, Chairperson Richard Caggiano, Member William J. Cremers, Member Kenneth L. Edwards, Member Martin H. Sider, Member Valerie Scepaz, Town Planner Mark Terry, Senior Environmental Planner Bruno Semen, 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 June 14th meeting of the Planning Board. First of all, I want to start out by commending the staff who was able to prepare all of our papers for us. As many of you know, from Friday until today, the whole Planning Department has moved over to the North Fork Bank building. So, in the future, if you need to come and visit the Planning Board, that's where we'll be. So, they have done an incredible job in moving all their files, finding their folders and getting here. So, I want to publicly thank them for the hard work that they did. Secondly, there will be some slight changes tonight in the way in which we're conducting business. For those of you who have been here in the past, you'll notice that when we read the resolutions, we have taken the time to go through all the whereases which really just documents the history of all the various decisions that have been made up until the resolution that we're voting on tonight. So, unless there is a specific request to read every one of the whereases, we're just going to describe what the situation is and then move right to the resolution which is actually what we're voting on any how. O.K.? Southold Town Planninq Board Pa.qe Two June 14, 2004 The first order of business, however, 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? Ayes: Ms. Woodhouse, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor Chairperson Woodhouse: Opposed? The motion carries. PUBLIC HEARINGS Chairperson Woodhouse: 6:00 p.m.: Omnipoint Communications, Inc. - This proposed site plan is to 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 s\s\o County Road 48, approximately 50' w\o Westphalia Avenue, in Mattituck. SCTM#1000-141-3-38.1 I'll entertain a motion to open the hearing. Mr. Cremers: So moved. 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. Is there anyone who would like to address the Board on this? Jacqueline Fleminq, Munley, Meade, Nielsen & R~, for the applicant: As you know, this is a site plan application for the flag pole. Over the last week or so, we have some additional information for this application that we want to have a chance to submit to the Board. On June 3rd, we received notification that the Fire Commissioners had - well, prior to June 3rd, we had received indication from the Fire Commissioners in Mattituck that they would like us to install a fire well as part of the application in the area and we have been working very diligently with the Fire District and Omnipoint representatives met with the Fire District on site on June 10th and they have worked out a proposal to locate the fire well on the public right-of-way of Route 48. The driller was there and Southold Town Planninq Board Pa,qe Three June 14, 2004 everyone was at the site visit and the details were worked out just recently and I have a letter that I'd like to submit to confirm that we have addressed the fire well issue. In addition - this is on June 3rd - we received notification that the Town Engineer would like some revisions to the site plan particularly addressing some drainage issues that they had. Our architect/engineering firm has addressed those issues with the Town Engineer and we have, in addition, a letter that I tried to submit previously but, due to fax problems and communication problems, I would like to submit for the first time on the record at this time and also the addendum to the site plan. It's a short two-page addendum showing how we have addressed the Town Engineer's drainage issue - and that's been resolved, as far as I know, to the Town Engineer's satisfaction. That's what we had - verbal approval from the Town Engineer. And if you wouldn't mind, I'd like to submit this letter. I have copies for the Board Members showing the addendum that is signed and sealed. Ms. Woodhouse: I'll take them. Thank you. Ms. Caputi: It is my understanding that those were the outstanding items on this site plan application and that everything else was resolved. Omnipoint representatives are available to answer any questions that the Board or the public might have. We'll be waiting to address any questions. Thank you. Chairperson Woodhouse: Is there anyone else who would like to address the Board on this matter? Yes, sir. Please step to the microphone. Unidentified Speaker: The first question I have is what is this meeting for? Ms. Woodhouse: Could you please state your name for the record? Unidentified Speaker: Yes, my name is Fred Beauford (sp.?) and I own two adjoining properties to Penny Lumber. Chairperson Woodhouse: This meeting tonight is to grant approval on the site plan that has been the subject of a series of meetings and preliminary hearings up until this point. Mr. Beauford: Well, I've been to the other hearings - the Board of Appeals - and, evidently, it wasn't permitted at the time. So, now, I'm confused as to why it's going before the Planning Board. Ms. Woodhouse: Bruno, would you like to comment on this, please? Bruno Semon, Sr. Site Plan Reviewer: Sure. The Zoning Board of Appeals ruled on the Notice of Disapproval that was issued by the Building Department. They ruled and they reversed that Notice of Disapproval. It's in the file if you'd like to get a copy. Mr. Beauford: Saying that the Building Inspector was wrong? Southold Town Planninq Board Pa.qe Four June 14, 2004 Mr. Semon: Was incorrect in his Notice and, therefore, it came in for a site plan. We're approving the flagpole - the 100' flagpole to be installed at the Penny Lumber site - with this site plan. The next step would be the Building Department. Mr. Beauford: You've already approved that? Bruno Semon: It's currently open for a hearing. Mr. Beauford: So, what is the hearing for if you've already approved this? Mr. Semon: Sir, maybe I misquoted that - it's not approved; it's up for a vote by the Planning Board today to be approved or disapproved based on the decision of the Board. Mr. Beauford: The notice I got stated that this is supposed to be advertised in the Suffolk Times and I did not find any advertisement that this hearing was going on. Chairperson Woodhouse: Did you receive anything in the mail? Mr. Beauford: I received it in the mail but it stated in the letter from Omnipoint that they were supposed to advertise in the paper at least five days before this meeting and I did not see anything in the paper. Chairperson Woodhouse: Carol? Carol Kalin, Planning Board Secretary: It was in the week before last but I couldn't tell you what page it was on. Ms. Woodhouse: It was in the Legal Notice section of the paper. Mr. Beauford: I was looking for any kind of notice. If this is something that the people are supposed to talk on, I should think they should have been notified. Ms. Woodhouse: Do we have a copy in the records? Ms. Kalin: I can find it tomorrow. Mr. Semon: We would have to archive it. Mr. Beauford: My next question is, do you have a copy of the petition that was signed by all the people that was presented to the Board of Appeals? Chairperson Woodhouse: Well, it was presented to the Board of Appeals. We would not have all of that information. We would have the decision that the Zoning Board of Appeals rendered. Southold Town Planninq Board Pa.qe Five June 14, 2004 Mr. Beauford: But if this is people that are opposed to this and they signed a petition, does it fall by the wayside? Ms. Woodhouse: No, but they're two separate Boards. What they were determining is whether or not the applicant could proceed to come to this particular Board here. And what we're looking at here is their decision allowed them to get to this point and we're just now looking at the decision. We did not ourselves, to my knowledge, receive a petition to this Board nor did we have people come to one of the hearings that we had discussing this with a petition. So, that would not be automatically forwarded from one Board to another. Mr. Beauford: Even though it's part of this problem with putting up the tower? I mean, all these people have signed this paper now and it doesn't affect the decision here at all? Chairperson Woodhouse: What that decision was, was whether or not the decision that the Building Department made could be overturned as to whether or not it would be an allowed construction in that district. Mr. Beauford: I don't agree with that. The only other thing I want to bring up is if there is going to be a tower, first off, I would like to know if Omnipoint has a tower out here in Southold right now. And I guess they could answer that. Ms. Woodhouse: Is there someone from Omnipoint who would like to address that issue? And I just want to say that the way things proceed is once the Zoning Board makes the decision, then the Planning Board needs to act in accordance with their decision. We do not reverse their decision; we don't comment on their decision. When they make it, we then have to go forward from that point. Mr. Beauford: So, then this meeting is useless for us to come here and oppose it is what you're telling me? Ms. Woodhouse: Yes, unless there is other information that would effect our decision that we do not have. But the Zoning Board piece of it - there is nothing that we can do about that at this point. Did you want to answer his question? Jacqueline Caputi: Sure. For the benefit of other neighbors who might have been at the previous Zoning Board Hearing, previously, Omnipoint was proposing a monopole with an antenna attached on top but, since the Zoning Board Public Hearing that some of you may have attended, based on the concerns from the neighbors - Omnipoint definitely wants to be a good neighbor - we revised the site plan to propose a completely stealth flagpole. The antenna will be completely concealed in the flagpole. It won't even look like a wireless affiliate at all. Mr. Beauford: Do you have a picture of that here? Ms. Caputi: Sure. We can provide you with some pictures. I'll address the other issues and then we can talk about that. As far as advertisement, the applicant doesn't Southold Town Planninq Board Pa.qe Six June 14, 2004 advertise but we certainly, as you know, mailed out the notices Certified Mail and we submitted the green cards for that and it's apparent you did receive that. Mr. Beauford: Your letter to me said that you were going to advertise. Ms. Caputi: It is my understanding that the Town does advertise in the paper and that that was done. The site has been posted both on Route 48 and Sound Avenue for over ten days and those signs have been up so, hopefully, the neighbors had a chance to see that as well. We certainly are not trying to sneak anything by you, Sir. We certainly wanted you to come in and speak your mind and we appreciated it when you came to the Zoning Board Hearing. That convinced us to revise the plan and propose the stealth flagpole and I hope that if you see the pictures, that you'll be very happy that we took your concerns into consideration. So, as you know, the Zoning Board procedures were resolved. The interpretation found that the denial was incorrect; that this is a permitted use in the district, subject to site plan approval and it's my understanding that we're here to address any minor site plan concerns but because of the flagpole alternative and the way that the situation is it's in the middle of an industrial area. We placed it in the middle of the property surrounded by all the buildings of the Penny Lumber site. I think this is an excellent proposal from Omnipoint's standpoint and reflects their attempt to be a good neighbor to Mattituck. Mr. Beauford: You didn't answer my question yet though. Do you have a tower in Southold now? Does Omnipoint have a tower? Ms. Caputi: We have other facilities in the Town of Southold but the way that these cell sites work is we generally need several in an area. This is, I believe, the only one in Mattituck right now and, because of the way it's been designed, it should cover much of the area. Ms. Woodhouse: Do you have a photograph with you? Ms. Caputi: Yes, ldo. Bruno Semon: Jeri, we also have the site plan - and I'm not sure if you can see it outside because it's on the second page so I actually uncovered it here - there's a site plan out on the window outside there. Ms. Caputi: Great. In addition to the site plan we have Donna Marie Stipple(sp.?). She's a Planner who has taken photographs of the area and you probably saw similar photographs at the Zoning Board. Ms. Woodhouse: Would you please put them on the table and you can take a look at the flagpole on the table. (Short pause to review pictures.) Southold Town Planninq Board Pa.qe Seven June 14, 2004 Is there anyone else who wanted to see this who hasn't seen it or anyone else who would like to speak on this issue? Yes, Sir. Fred Beauford: Just one other thing. Do you have the pictures that I presented before at the Board of Appeals? Chairperson Woodhouse: No. Mr. Beauford: None of that is here at all? Ms. Woodhouse: That is not here. As I said, that is a separate hearing at the Zoning Board of Appeals. The only thing before us is site plan approval and assuring that all the conditions of the site plan have been met. Mr. Beauford: Alright. Thank you. Ms. Woodhouse: You're welcome. Sir, please state your name for the record. Ed McLau,qhlin, Mattituck: I made a suggestion at one of the Appeal's meetings that they should have a joint-use tower so if other cell phone companies wish to improve their reception, they'd be able to use the same tower so that we wouldn't have ten towers for ten different companies and make it look like a big birthday cake with the candles sticking up, you know. So, I wonder if anything was done to address that suggestion. It would behoove the Board to look forward past today to the future when other companies might want to erect some type of antenna to facilitate their cell phone usage or even radio usage really. So, that's my question. Ms. Woodhouse: Thank you. I was just informed by the Director of our Planning Department that we do have something on the record that requires co-location. But, thank you for bringing that up. I will check with the Zoning Board of Appeals to see what has been done since they had their hearing as well. Is there anyone else who would like to address the Board on this issue? Jim Kin.q, Mattituck: I just have a comment. I'd like to see these towers - if we're going to have to look at these things - I'd like to see them located on Town property so the Town gets some income from these. There are two locations right nearby where this is going in now - the Human Resource Center and the Town has property at the head of Mattituck Creek where this wouldn't look bad and there would be income for the Town. I feel very strongly about this. Why put them on private property when we have property we can put them on? Thank you. Ms. Woodhouse: Thank you. Is there anyone else who would like to address the Board? (No one else asked to speak.) Does anyone on the Board have any comments? Hearing none, I'll entertain a motion to close the hearing. Southold Town Planninq Board Pa.qe Ei.qht June 14, 2004 Mr. Cremers: So moved. 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. (The hearing was closed at 6:20 p.m.) Now, in this case, I am going to read the full resolution with all of the whereases because I think it is important that all the various steps that have been taken be read into the public record. So, I'll read this one: WHEREAS, the applicant proposes to erect a 100' flagpole and affix to it public utility wireless telecommunication panel antennas on a 3.82 acre parcel in the LI Zone; and WHEREAS, George L. Penny, Inc. is the owner of the property known and designated as 12585 Sound Avenue, located on the s/s/o County Road 48, approximately 50' w/o Westphalia Avenue, in Mattituck, SCTM#1000-141-3-38.1; and WHEREAS, on November 21, 2003, the Southold Town Zoning Board of Appeals reversed the Building Inspector's Notice of Disapproval as described under Appeal Number 5357; and WHEREAS, on January 29, 2004, a formal application for approval of this site plan was submitted; and WHEREAS, on March 4, 2004, the Architectural Review Committee reviewed the site plan and acknowledged that there are no architectural characteristics that bear comment; and WHEREAS, on March 8, 2004, the Southold Town Planning Board, acting under the State Environmental Quality Review Act (6 NYCRR), Part 617.6, performed a review of this unlisted action, and as lead agency, made a determination of non-significance and granted a Negative Declaration on April 13, 2004; and WHEREAS, on April 15, 2004, the Mattituck Fire District found one (1) fire well is required and the Planning Board has accepted this recommendation; and WHEREAS, on May 28, 2004, the Southold Town Engineer reviewed and approved the proposed drainage and the Planning Board has accepted his recommendation; and WHEREAS, said plan modifications are noted in the Town Engineer's report dated June 14, 2004; and WHEREAS, on June 11, 2004, the Southold Town Building Inspector reviewed, certified the site plan, and submitted his report to the Planning Board on June 14, 2004; and Southold Town Planninq Board Pa.qe Nine June 14, 2004 WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has received affidavits that the applicant has complied with the notification provisions; and WHEREAS, all the requirements of the Site Plan Regulations of the Town of Southold have been met; be it therefore RESOLVED that the Southold Town Planning Board grant final approval on the site plan prepared by William Collins, AIA, and certified by Neil Alexander MacDonald, dated August 16, 2002 and last revised March 3, 2004 including addendum plan modifications AD-1 & AD-2 dated June 9, 2004, and authorize the Chairperson to endorse the final site plans with the following condition and subject to a one year review from the date of issuance of the building permit: 1) 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. Mr. Cremers: Second the motion. 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. Thank you. Chairperson Woodhouse: 6:05 p.m.: 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 I'll entertain a motion to open the hearing. Mr. Cremers: So moved. Mr. Edwards: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor? Southold Town Planninq Board Pa,qe Ten June 14, 2004 Ayes: Ms. Woodhouse, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor Chairperson Woodhouse: Opposed? The motion carries. Is there anyone who would like to address the Board? Patricia Moore, Esq., 51020 Main Road, Southold, attorney for the applicant: Good afternoon, Madam Chairman - good evening, Madam Chairman. I think we've discussed at prior meetings all of the factors with respect to the lot modification. In this case, the lot modification is actually trying to address what would be otherwise an encroachment between one property and another and it is attempting to decrease the degree of nonconformity between the smaller residence and the larger residence. So, we hope that you will consider this favorably and if you have any questions, I'll try to answer them for you. Ms. Woodhouse: Thank you. Is there anyone else who would like to address the Board on this matter? Is there anyone on the Board who has any questions or comments? (No one asked to comment.) I'll entertain a motion to close the hearing. Mr. Cremers: So moved. 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. Thank you. (The hearing was closed at 6:26 p.m.) Would you please read the resolution? Mr. Edwards: 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); and WHEREAS, before the proposed lot line change, Parcel A is .144 acres, Parcel B is .035 acres, and Parcel C (ROW) is .042 acres; and WHEREAS, after the lot line change, Parcel A will be .159 acres, Parcel B will be .063 acres, and Parcel C will be eliminated; and WHEREAS, on May 10, 2004, the Southold Town Planning Board, acting under the State Environmental Quality Review Act, performed an uncoordinated review of this Unlisted Action; the Planning Board established itself as lead agency, and as lead Southold Town Planninq Board Pa.qe Eleven June 14, 2004 agency made a determination of non-significance and granted a Negative Declaration; and WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has received affidavits that the applicant has complied with the notification provisions; and WHEREAS, all the requirements of the Lot Line Regulations of the Town of Southold have been met; be it therefore RESOLVED that the Southold Town Planning Board grant conditional final approval on the surveys, prepared by CME Associates Engineering & Land Surveying, PLLC, dated10/01/03, and authorize the Chairperson to endorse the final surveys after fulfillment of the following condition. The condition must be met within six (6) months of the resolution: The filing of the new deeds with the Office of the Suffolk County Clerk pertaining to the amendment of the lot line and, upon filing, submittal of a copy to this office. The deeds will also show an easement and right-of-way for ingress and egress to and from Parcel B for utility and fire services. Mr. Cremers: Second the motion. 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. Thank you. Chairperson Woodhouse: 6:10 p.m.: Zoumas at Bayview - This proposal is to subdivide a 47.71 acre parcel into 5 residential lots; where Lot 1 equals 91,226 sq. ft., Lot 2 equals 86,235 sq. ft., Lot 3 equals 82,606 sq. ft., Lot 4 equals 82,635 sq. ft., Lot 5 equals 83,210 sq. ft. and Lot 7 equal to 37.70 acres which are proposed for preservation for open space purposes. I'll entertain a motion to open the hearing. Mr. Cremers: So moved. Mr. Edwards: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor? Ayes: Ms. Woodhouse, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor Southold Town Planninq Board Pa,qe Twelve June 14, 2004 Chairperson Woodhouse: Opposed? The motion carries. Is there anyone who would like to address the Board on this matter? Patricia Moore, Esq., 51020 Main Road, Southold: The only outstanding issue, at this point that I'm not sure has been resolved, is just the Town Engineer's recommendation with respect to the curbing. My client wishes to put better curbing - Belgian Block curbing - rather than the mountable curbing. That's the only outstanding issue that I don't know whether your resolution over-rides the Town Engineer or doesn't. Aside from that, I'm here to answer any questions and the plan is a significant reduction in the potential density of the property. This subdivision, once it's completed, we will then proceed to the sale of the fee title of the open space to the Town. We're moving forward and we hope we're going to be moving as quickly as possible to that point. Thank you. Ms. Woodhouse: Thank you. Is there anyone else who would like to address the Board on this matter? (No one asked to speak.) Are there any comments or questions from anyone on the Board? Alison Shorter Mahaffy: Hi. I've lived there for thirty-eight years - right here on the corner of North Bayview and Brigantine. I bought the house from my mother. The thing I want to question is the 50-foot buffer zone. This room is like about 45 or 40 feet and it's not that much. Being there my whole life, I've seen this whole area get so over-developed and Bayview is just getting scary now. I'd really like to see less development but there's not going to be a park unless you agree to this - the rest is not going to be a park unless this is agreed to. So, all I'm asking for is that it get moved over a little bit further because 50 feet is not that much. It's the size of this room - it's not that much. I also want to make another comment. This property right here was sand mined. This was sand mined years ago and it's like open space. There's not a lot of trees on it and there's not a lot of green things growing on it but this here has a lot of vegetation, a lot of high, tall trees, a lot of wildlife lives in that little area right there. Why couldn't the property be moved over a little bit further into that sand mined area. The park could still be a nice park and that would give us access - all these people here would get better access into it using that 50 feet or 150 feet, if it could be please, of buffer zone. That would give everybody access into the park from this neighborhood. There was a petition asking for the 150 feet and it was given to you many months ago. Maybe you could just reconsider moving the whole thing over a little bit so that the houses here aren't so affected by it. Thank you. Ms. Woodhouse: You're welcome. Is there anyone else who would like to comment? Patricia Moore, Esq.: Just for the record, it is my understanding that, at one point in time, the plan had been suggested by my clients to move the development away from the properties on the easterly side - the other subdivided parcels - but Land Preservation did not wish to acquire a strip of that width. So, the plan was to move the subdivision as close to other development as possible in order to then have the Town overall benefit from the continuous open space. This, plus the Hurtado property and other properties, are creating a greenbelt, I understand, which is why it was placed where it was. But, that was Southold Town Planninq Board Pa.qe Thirteen June 14, 2004 considered by the Town and it was decided ultimately the placement of these lots should be more appropriately placed next to other developed properties. Just for the record. Thank you. Chairperson Woodhouse: Mark, do you want to comment on this? Alison Shorter Mahaffy: If you walked through the property in the wintertime, you'd really see the vegetation, the cedar trees that are in there. There's a little, special cedar tree forest pretty much growing in there and you can really see them in the winter because it's such a contrast from the white and the green. I don't see why it would hurt - I mean, maybe the Town did make a decision already to just go with the 50-foot buffer zone but to move the whole thing over a little bit further probably wouldn't be that difficult and it really would provide better access into it from our standpoint. Ms. Woodhouse: I'm going to ask our Environmental Planner if he would like to comment on this - Mark? Mark Terry: Sure. Ms. Woodhouse: Thank you. Mr. Terry: I know, in the past, this request for a 100-foot buffer was made and, Pat, you brought that back to your client? Ms. Moore: Yes, it was very difficult for him to increase the buffer given the limit of clearing that's already imposed. My client intends - that natural buffer, the 50-foot natural buffer - will only be added to by the client or by the property owner there. They're going to want to preserve the privacy and we anticipate - and the covenants are written in such a way - so that the preservation area can be further vegetated and that's the goal here. Ultimately, they plan to make it a thick, green buffer area of 50 feet. I think the size of the parcels that we're dealing with to the east are at most 100 feet in depth, I believe, so we're taking essentially half of the size of one of their properties and creating it as a buffer area to the ultimate development. So, we're actually clearing - the one-acre clearing limit is only going to begin after the 50 feet so we felt there was some compromise already made. I broached the subject with the client. He is willing to add vegetation to that vegetated area if that's what the Board wishes to request. Mark Terry: I thought, at some point, we were talking about maybe another 25 feet, 75 - Ms. Moore: They wanted like a 75 or 100 feet and that was creating too much difficulty for the development of that parcel. That was really unreasonable given the fact that's the depth of the property as it is. Mr. Terry: We have a one-acre clearing restriction on every lot in this particular subdivision which, basically, limits the tree removal - as you put it - to 1 acre so that, combined with the buffers that we set up around the perimeter, seem to mitigate the impacts to the vegetation as best as we could. Southold Town Planninq Board Pa.qe Fourteen June 14, 2004 Patricia Moore, Esq.: Our efforts - I'm sure that whoever ultimately builds there, if my client doesn't, will want to put a heavy vegetative screen so that the privacy is maintained. Mr. Terry: As far as moving the subdivision over, logistically, it's difficult in that all the studies since "Day One" as far as endangered species, as well as archeological, were conducted on this land area where development would occur. They would have to be re- done and, as Pat pointed out, we tried to design these two subdivisions - luckily they came at the same time so we have a semi-contiguous parcel of land for a park system which would connect with the Forestbrook Parcel to the north. We felt that this was the best spot for this particular development area with the restrictions we put on it and I guess the Bayview Community could be proud in that they are going to receive in excess of 50 something acres in public open space for trails and passive recreation. A year ago, we had combined probably in excess of 40 something lots on these two parcels, residential lots. John Damico(sp.?): I'm not proud of the houses going up. They shouldn't be going up at all. All of that property should be preserved. It says here that 37 acres are going to be proposed. Is that contingent on this proposal being approved and why is it contingent on this proposal being approved? Why isn't this 37 acres being bought right now and preserved? Mark Terry: Well, you have to understand that it's in the developer's right to either submit a full yield - Mr. Damico(sp.?): That's right - it's in his right so he can change his mind at any time, right? Mr. Terry: No, he's in contract with the Town and, basically, developers to put a safeguard in their actual proposal, will contingent the sale upon a subdivision approval and it has been like that since "Day 1". It's their insurance that they'll receive the lots from the Planning Board. Mr. Damico(sp.?): That's for a fact? Mr. Terry: That's correct. Mr. Damico(sp.?): It is a fact. Thank you. Nick Cordone: I'm a member of Harbor Lights and I just wondered what assurances do we have as to the type of buffer that is going in as far as size and what it will block? How can we be sure that it is something that will block the view of the homes and maintain privacy of that buffer? Chairperson Woodhouse: Mark, do you want to - Mr. Terry: Well, the buffer is 50 feet, obviously, and it's comprised of whatever is existing. It's non-disturbed, therefore, they can't enter the buffer and cut down the trees. It's Southold Town Planninq Board Pa,qe Fifteen June 14, 2004 maintained in perpetuity. That combined with the one-acre building envelope, we feel, will screen the homes. Nick Cordone: You said that the builder was actually going to put some greenery in as a buffer as well. Did I understand that correctly? Patricia Moore, Esq.: What I was saying is that there is a 50-foot non-disturbed natural buffer which the Planning Board asked us to try to keep in its natural state. That doesn't limit us from being able to add more vegetation to the buffer area because sometimes things get a little messy and, you as an owner - let's say you buy one of the lots - you might say, you know, I can still see that neighbor and I don't want to see that neighbor. They will then be permitted to put, as long as they are native species - they can add native species to the natural buffer to intensify or make it thicker. They just can't take vegetation away. Mr. Cordone: That's my point. I was just wondering who on the Board would actually oversee the addition of the greenery being put there and that it is actually completed and is actually done. I understand that the 50 feet is not being touched. I understand that. Patricia Moore, Esq.: I think it's - right now, it's up to each property owner to add more vegetation if that's what they want. When I do the covenants, I want to make sure that it's not a violation of the Planning Board's covenants to add vegetation. So, what I anticipate will be the case is that when a property owner puts their house there, that they might want to add vegetation and that's most likely what's going to happen, particularly on the corner lot which is a concern of the - Mr. Cordone: O.K. You seemed to intimate that the builder was actually going to do that - you're saying each property owner. Ms. Moore: Well, the builder could build a house there and do the landscaping or the builder could sell a lot to you and you could contract with that builder to build a house and finish the landscaping or you could buy the house and then the owner of that property can add landscaping. Covenants and restrictions are ultimately adopted by the Planning Board. They're recorded and they'll be marked on the map to tell any current and future property owner of that lot that they have to leave alone the 50-foot natural buffer or they can add to it with more vegetation. Mr. Cordone: The key word here is they can; it's not that they are obligated. Ms. Moore: They are not obligated at this point. They have to leave it natural but they can add to it. Mr. Cordone: That is the point that I was trying to make here. All right. Thank you. Ms. Woodhouse: Mark, did you want to add anything else? Mr. Terry: No. Southold Town Planninq Board Pa.qe Sixteen June 14, 2004 Ms. Woodhouse: Is there anyone else who would like to speak on this matter? (No one asked to speak.) Is there anyone on the Board who would like to raise a question or have a comment on this? Valerie Scopaz: I just have one question. Did the Board make a decision on the applicant's request about the blocks? Ms. Woodhouse: Yes, the Code permits the Belgian Blocks, therefore, we need to amend the resolution. I'd like to entertain a motion to close the hearing. Mr. Edwards: So move. Mr. Cremers: Second the motion. 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. (The public hearing was closed at 6:40 p.m.) Now, we'll please entertain the resolutions. Mr. Cremers: WHEREAS, this proposal is to subdivide a 47.71 acre parcel into 5 residential lots where Lot 1 equals 91,787 sq. ft.; Lot 2, 86,235 sq. ft.; Lot 3, 82,606 sq. ft.; Lot 4, 82,635 sq. ft.; Lot 5, 83,771 sq. ft. and clustered Lot 6 known as Gay Reese, 21,500 sq. ft. and Lot 7 equal to 37.70 acres which is proposed for open space purposes; and WHEREAS, the Town of Southold is in contract to acquire the fee title of Lot 7, 37.70 acres for open space purposes; be it therefore RESOLVED, that the Southold Town Planning Board overrides the suggestion by the Town Engineer and is permitting Belgian Blocks; and his report was dated May 12, 2004. Mr. Edwards: Second the motion. 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. Mr. Cremers: In addition- BE IT FURTHER RESOLVED, that the Southold Town Planning Board adopt the bond estimate, dated May 12, 2004, in the amount of $143,250.00 together with an Southold Town Planninq Board Pa.qe Seventeen June 14, 2004 Administrative Fee in the amount of $8,595.00 and recommend the same to the Town Board. Mr. Edwards: Second the motion. 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. Mr. Cremers: In addition- BE IT FURTHER RESOLVED, that the Southold Town Planning Board grant preliminary approval on the plat, dated as revised March 22, 2004. The following items remain outstanding and must be submitted in order to proceed to final approval: Amend the Final Plat and Final Road and Drainage Plan to show the comments from the Office of the Engineer, as amended above, and stated in the May 12, 2004 letter. ,. A statement that Road A (to be named) 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 an 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: The inclusion of language mandating future compliance with General Permit for Storm-water Runoff from Construction Activity (GP-02-01) as administered by the New York State Department of Environmental Conservation. b. Language pertaining to the future ownership, access and maintenance of the drainage easement. 4. The submission of a performance guarantee for improvements in the amount of $143,250.00. 5. Submission of 3 mylar and 8 paper plats with Suffolk County Department of Health approval stamp. Mr. Edwards: Second the motion. Southold Town Planninq Board Pa,qe Ei,qhteen June 14, 2004 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. Thank you very much. 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 n\s\o New York State Route 25 approximately 3,612' e\o Peconic Lane, in Southold. SCTM#(s)1000-75-2-15.1 & 15 Mr. Ca,q,qiano: BE IT RESOLVED that the Southold Town Planning Board hereby holds the public hearing for Silver Nail Vineyards open. Mr. Edwards: Second the motion. 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 is approved. Chairperson Woodhouse: 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 is affected by the moratorium and there will be no action at this time. Mr. Cremers: 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. Edwards: Second the motion. Southold Town Planninq Board Pa.qe Nineteen June 14, 2004 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 is approved. OTHER Chairperson Woodhouse: Amendment of Positive Declaration re: Great Hoq Neck. This is an amendment to a Positive Declaration and this has to do with the Generic Environmental Impact Statement on Great Hog Neck. Mr. Sidor: WHEREAS, the Town of Southold Planning Board passed a resolution on June 25, 2002 establishing itself as Lead Agency, and as Lead Agency, had determined that the large number of pending subdivision applications located on the Great Hog Neck Peninsula may have a significant impact on the environment when cumulatively assessed; and WHEREAS, the Town of Southold Planning Board recognized that future development in accordance with current zoning may in fact exceed the resource carrying capacity of the peninsula due to its unique geographic, environmental and planning considerations, and thus may result in significant adverse environmental impacts; and WHEREAS, the Town of Southold Planning Board determined that the preparation of a Generic Environmental Impact Statement was appropriate for consideration of future development which may result in cumulative and generic impacts within the limited resource area of the Hog Neck Peninsula; and WHEREAS, the resolution contains considerable background information on the environmental sensitivity of the Hog Neck peninsula, the geographic area involved and the multitude of pending applications; and WHEREAS, the resolution further specifies the various anticipated environmental impacts associated with the pending development projects as well as in conjunction with future development of vacant undeveloped land; and WHEREAS, the resolution adopted by the Planning Board is found to be a sound and reasonable decision reached by the Board for the conditions which existed at that time; and WHEREAS, at that time, there were several parcels of land pending subdivision approval before the Planning Board and the Planning Board found it irresponsible to review these applications in a piecemeal fashion; and Southold Town Planninq Board Pa,qe Twenty June 14, 2004 WHEREAS, two pending major subdivision applications have since been revised and include significant reductions in density and significant preservation of open space; and WHEREAS, the Planning Board hereby deems pending subdivision applications on the Hogs Neck peninsula exempt from the Positive Declaration so long as a minimum of 75% of the lot area of a given project site is contiguously preserved (excluding those areas of a site which are deemed wetlands as defined by Chapter 97 of the Southold Town Code, streams, creeks, ponds, slopes over 15%, underwater land, land encumbered by easements or other restrictions preventing use of such land for construction of buildings or development or land within the coastal erosion hazard area as defined by Chapter 37 of the Southold Town Code), and the allowable density (e.g. number of lots in conformance with an approved yield map) on a parcel is reduced by a minimum of 75%; and WHEREAS, the Planning Board has determined that projects that meet such criteria will not result in significant environmental impacts for the following reasons: wetlands and adjacent buffer areas will be preserved, contiguous and significant areas of habitat will be preserved, projects will be in conformance with Town land use plans and Town goals, and significant reductions in density will correspondingly reduce potential impacts associated with traffic generation, wastewater generation, water use, etc.; and WHEREAS, the Planning Board will review each site specific application and retain the right to further enforce clearing restrictions within individual parcels; and WHEREAS, each new or pending subdivision application that meets the exemptions specified herein are required to be reviewed in conformance with SEQRA, such that site and project specific impacts (archaeology, endangered species, etc.) may be accurately assessed; and WHEREAS, the Planning Board has determined that projects meeting the above specified exemption criteria would not result in a significant impact to the Hog Neck peninsula and that individual subdivision review in accordance with SEQRA would be adequate to assess potential environmental impacts; therefore, be it RESOLVED, that the Town of Southold Planning Board hereby amends the Hogs Neck Positive Declaration to exclude subdivision applications that meet the criteria specified above (75% reduction in open space and a minimum of 75% density reduction). Mr. Cremers: Second the motion. Chairperson Woodhouse: Motion made and seconded. All those in favor? Ayes: Ms. Woodhouse, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor Southold Town Planninq Board Pa.qe Twenty-One June 14, 2004 Chairperson Woodhouse: Opposed? The motion carries. MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES AND SET- OFF APPLICATIONS Final Determinations: Chairperson Woodhouse: 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 Lot 7, 25.75 acres. The Town of Southold is in contract to acquire the fee title of Lot 7 (25.75 acres) for open space purposes. Mr. Cremers: I'll offer the following resolution: 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 and Lot 7, 25.75 acres. The Town of Southold is in contract to acquire the fee title of Lot 7 (25.75 acres) for open space purposes; 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 May 10, 2004, the Southold Town Planning Board granted conditional preliminary approval on the plat, dated & last revised on March 8, 2004; and WHEREAS, this approval is further subject to a reconfigured right-of-way to the parcel known as "now or formerly Paul E. Hale & Adelaide M. Hale" and shown on a survey for the subject premises prepared by Howard W. Young, prepared January 7, 2004 and last revised June 14, 2004. The total area of the reconfigured area of the right-of-way is 0.315 acres; and WHEREAS, a covenant and restriction was filed on May 19, 2004 with the Clerk of Suffolk County; Liber D000123200, Page 166; and WHEREAS, the Suffolk County Department of Health granted approval of the action on April 23, 2004; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; and WHEREAS, pursuant to A106-24E of the Southold Town Code; the Planning Board deems the final plat to be in substantial agreement with the preliminary plat approved and modified in accordance with requirements of such approval, therefore, the Planning Board waives the requirements for a final public hearing; be it therefore Southold Town Planninq Board Pa.qe Twenty-Two June 14, 2004 RESOLVED, that the Southold Town Planning Board accept the State Bank of Long Island Letter of Credit No. 1510 in the amount of $193,810.00. Mr. Edwards: Second the motion. 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. Please continue. Mr. Cremers: BE IT FURTHER RESOLVED, that the Southold Town Planning Board grant final approval on the final road & drainage plan, dated October 31, 2003, and the final plat, dated as revised March 8, 2004, and authorize the Chairperson to endorse the final map. Mr. Edwards: Second the motion. 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. Thank you. Chairperson Woodhouse: Cove Beach Estates Major Subdivision - This proposed major subdivision is for 12 lots on 104.4 acres located on the north side of NYS Route 25, 1,776' east of Stars Road in East Marion. SCTM#s1000-22-3-9.1, 18.1, 18.7 and 18.8 Mr. Sidor: WHEREAS, the applicant proposes to subdivide a 104.40 acre parcel into 12 lots; and WHEREAS, the parcel is subject to a 1995 Conservation Easement, dated December 29, 1995, filed with the Clerk of Suffolk County in Liber D00011756, Page 282; and WHEREAS, the parcel is subject to an Amendment to the 1995 Conservation Easement, dated December 18, 1996, filed with the Clerk of Suffolk County in Liber D00011808, Page 661; and WHEREAS, the parcel is subject to a 1997 Conservation Easement, dated December 29, 1997, filed with the Clerk of Suffolk County in Liber D00011869, Page 975; and Southold Town Planninq Board Pa.qe Twenty-Three June 14, 2004 WHEREAS, an Amendment of the1997 Conservation Easement was filed on April 9, 2004 with the Clerk of Suffolk County in Liber D00012312, Page 663; and WHEREAS, the Conservation Easements limit the total number of residential lots to 12; and WHEREAS, on May 10, 2004, the Southold Town Planning Board granted conditional preliminary approval on the plat, dated & last revised September 22, 2003; and WHEREAS, the Suffolk County Department of Health granted approval of the action on December 31, 2003; and WHEREAS, On December 13, 2003, the New York Department of Environmental Conservation issued Permit No. 1-4738-03150/00001 shown on the Road and Drainage Plan, dated as revised May 23, 2003; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; and WHEREAS, pursuant to A106-24E of the Southold Town Code, the Planning Board deems the final plat to be in substantial agreement with the preliminary plat approved and modified in accordance with requirements of such approval, therefore, the Planning Board waives the requirements for a final public hearing; be it therefore RESOLVED, that the Southold Town Planning Board accept the UBS AG Letter of Credit No. Y034116 in the amount $705,710.00 and administration fee in the amount of $42,342.60 and recommend same to the Town of Southold Town Board. Mr. Edwards: Second the motion. 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. Please continue. Mr. Sidor: BE IT FURTHER RESOLVED, that the Southold Town Planning Board grant final approval on the plat dated as revised September 22, 2003, and the Road and Drainage Plan, dated as revised May 23, 2003, and authorize the Chairperson to endorse the final plat subject to the fulfillment of the following conditions: 1. The acceptance of the Letter of Credit No. Y034116 by the Town of Southold Town Board. Southold Town Planninq Board Pa,qe Twenty-Four June 14, 2004 The filing of the final Road Maintenance "Declaration" with the Office of the Clerk of Suffolk County and upon filing, the recording of the liber and page numbers upon the final plat. Mr. Cremers: Second the motion. 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. Chairperson Woodhouse: Niamonitakis, Michael - This application is both a set-off and a lot line change. The set-off is proposed to set-off a 1.253 acre lot from a 18.75 acre parcel. The Development Rights will be purchased by Suffolk County on approximately 12.9 acres of the 18.75 acre lot. The lot line change between M. Niamonitakis and R. Ross will subtract 2.524 acres from the 18.75 acre parcel and merge it with an exisitng .688 acre lot. The property is located Main Road/Route 25 /Cedar Lane and Old Orchard, East Marion. SCTM#1000-31-6-28.1 & 29 Would you please read the resolution, Mr. Caggiano? Mr. Ca,q,qiano: WHEREAS, this proposed subdivision is to set off a 1.253 acre lot from an 18.756 acre parcel; and WHEREAS, this proposed lot line change between M. Niamonitakis and R. Ross is to subtract 2.524 acres from the 18.756 acre parcel and to merge it with an existing 0.688 acre lot, resulting in a 3.212 acre lot (SCTM#1000-31-06-29); and WHEREAS, the Development Rights will be purchased by the Suffolk County on 12.89 acres of Lot 1 (SCTM#1000-31-06-28.1); and WHEREAS, on July 9, 2002, the Southold Town Planning Board granted conditional preliminary approval on the plat, dated & last revised on March 29, 2002; and WHEREAS, all conditions of conditional final approval have been met; and WHEREAS, the Suffolk County Department of Health granted approval of the action on May 7, 2004 (updated); and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; therefore be it Southold Town Planninq Board Pa.qe Twenty-Five June 14, 2004 RESOLVED, that the Southold Town Planning Board grant final approval on the final plat, dated as revised July 18, 2002, and authorize the Chairperson to endorse the final map upon the fulfillment of the following condition: The filing of the final Covenant and Restrictions with the Office of the Clerk of Suffolk County and upon filing, the recording of the liber and page numbers upon the final plat. Mr. Edwards: Second the motion. 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. Thank you very much. Setting of Final Hearings: Chairperson Woodhouse: Mill Creek Preserve - This proposal is to subdivide an 79.71 acre parcel into 6 residential lots where Lot 1 equals 46,653 sq. ft.; Lot 2 equals 87,939 sq. ft.; Lot 3 equals 111,690 sq. ft.; Lot 4 equals 64,469 sq. ft.; Lot 5 equals 45.58 acres, inclusive of 44.38 acres upon which Development Rights will be sold, and a 1.19 acre building envelope; Lot 6 equals 23.61 acres, inclusive of 22.23 acres upon which Development Rights will be sold, and a 1.37 acre building envelope and Lot 7 equals 2.10 acres upon which Development Rights will be sold to the County of Suffolk. The total area of Development Rights sold equals 52.01 acres. The property is located n/o SR 25, 430' e/o Laurel Avenue, in Southold. SCTM#1000-56-1-11.1 Mr. Cremers: I'll offer the following: WHEREAS, this proposal is to subdivide a 79.71 acre parcel into 6 residential lots where Lot 1 equals 46,653 sq. ft.; Lot 2 equals 87,939 sq. ft.; Lot 3 equals 111,690 sq. ft.; Lot 4 equals 64,469 sq. ft.; Lot 5 equals 45.58 acres, inclusive of 44.38 acres upon which Development Rights will be sold, and a 1.19 acre building envelope; Lot 6 equals 23.61 acres, inclusive of 22.23 acres upon which Development Rights will be sold, and a 1.37 acre building envelope and Lot 7 equals 2.10 acres upon which Development Rights will be sold to the County of Suffolk. The total area of Development Rights sold equals 52.01 acres; be it therefore RESOLVED that the Southold Town Planning Board set Monday, July 12, 2004, at 6:00 p.m. for a final public hearing. Mr. Edwards: Second the motion. Chairperson Woodhouse: Motion made and seconded. All those in favor? Southold Town Planninq Board Pa.qe Twenty-Six June 14, 2004 Ayes: Ms. Woodhouse, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor Chairperson Woodhouse: Opposed? The motion carries. Sketch Determinations: Chairperson Woodhouse: Oreqon Landinq - 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 upon which Development Rights will be sold to the Town of Southold. Mr. Edwards: I'll entertain the following motion: 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 136,244 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 17.02 acres which 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, established itself as lead agency for the unlisted action and, as lead agency, grants a Negative Declaration for the proposed action. Mr. Cremers: Second the motion. 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. Mr. Edwards: BE IT FURTHER RESOLVED, that the Southold Town Planning Board grant conditional sketch plan approval on the plat, dated & last revised on June 6, 2004, subject to the following condition: 1. The submission of a Tidal Wetland Permit from the New York Department of Environmental Conservation and the Southold Town Trustees for the action. Mr. Cremers: Second the motion. Chairperson Woodhouse: Motion made and seconded. All those in favor? Southold Town Planninq Board Pa.qe Twenty-Seven June 14, 2004 Ayes: Ms. Woodhouse, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor Chairperson Woodhouse: Opposed? The motion carries. Chairperson Woodhouse: Estate of Bertha Pawluczyk - This proposed action involves the subdividing of a 4.19 acre parcel (SCTM#1000-84-5-4) into two lots where Lot 1 is proposed as a clustered 1 acre and Lot 2 as 3.27 acres. The parcel is located on the south side of C.R. 48 (Middle Road) in Peconic in the A-C Zoning District. Mr. Cremers: I'll offer the following: WHEREAS, the proposed action involves the subdividing of a 4.19 acre parcel (SCTM# 1000-84-5-4) into two lots where Lot 1 is proposed as a clustered lot and is equal to 40,000 sq. ft. and Lot 2 is equal to 3.27 acres; and WHEREAS, The Southold Town Board approved the Request or Waiver from Local Law No 3 of 2002; Temporary Moratorium on the Processing, Review of, and making Decisions on the applications for Major and Minor Subdivisions, and Special Use Permits and Site Plans containing dwelling Unit(s) in the Town of Southold for the Estate of Bertha Pawluczyk on January 20, 2004; and WHEREAS, the parcel is improved and in active agriculture; no known environmental constraints exist; be it therefore RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, do an uncoordinated review of this Unlisted Action. The Planning Board establishes itself as lead agency, and as lead agency, makes a determination of non-significance and grants a Negative Declaration. Mr. Edwards: Second the motion. 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. Please continue. Mr. Cremers: BE IT FURTHER RESOLVED, that the Southold Town Planning Board grant sketch plan approval on the maps, dated as revised March 13, 2004, with the following conditions: 1. Amend the plat title to read "Clustered Minor Subdivision ...". Southold Town Planninq Board Pa,qe Twenty-Ei,qht June 14, 2004 2. Amend the plat scale to 1" = 100' to meet Suffolk County filing requirements. 3. Amend the term Parcel 1 and 2 to read Lot 1 and 2. 4. List the zoning district (A-C) on the plat. 5. The submitted deed does not match the plat; please clarify the discrepancies. 6. The Planning Board is requiring that a covenant and restriction be filed including terminology that excludes the cluster open space (40,000 sq. ft.) from any future yield calculations applied to Lot 2. The clause must also be included upon the final plat. In addition, the Planning Board is requesting that a clause to prohibit further subdivision of the parcel be also included. Mr. Edwards: Second the motion. 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. ********************* MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES, SET-OFF APPLICATIONS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Lead Agency Coordination: Chairperson Woodhouse: Ioannou, Constantine - This proposed minor subdivision is for 3 lots on 6.81 acres where Lot 1 equals 92,332 sq. ft., Lot 2 equals 114,288 sq. ft., and Lot 3 equals 80,000 sq. ft. in the R-80 Zoning District. The property is located n/o State Road 25, 4,848 feet e/o Kayleigh's Court in East Marion. SCTM#1000-23-1-14.7 Mr. Edwards: I'll entertain the following motion: WHEREAS, this proposed minor subdivision is for 3 lots on 6.81 acres where Lot 1 equals 92,332 sq. ft., Lot 2 equals 114,288 sq. ft., and Lot 3 equals 80,000 sq. ft. in the R-80 Zoning District; and WHEREAS, on February 24, 2004, the Southold Town Board adopted Resolution No. 171 of 2004 approving a conditional waiver from Local Law No. 3 of 2002, Local Law No. 3 of 2003 and Local Law No. 13 of 2003 for the proposed action; therefore be it RESOLVED, that the Southold Town Planning Board start the SEQR lead agency coordination process for this Unlisted Action. Southold Town Planninq Board Pa.qe Twenty-Nine June 14, 2004 Mr. Cremers: Second the motion. 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. SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Type II Actions: Chairperson Woodhouse: Bill Fox Grounds Maintenance - This proposed site plan is for conversion and alteration of an existing residence to 351 sq. ft. of office on the 1st floor and a 2nd floor apartment on a 0.24 acre parcel in the HB Zone located approximately 725' s/o County Road 48 on the w/s/o Peconic Lane, known as 2595 Peconic Lane, in Peconic. SCTM#1000-74-5-4.1 Mr. Cremers: I'll offer the following: WHEREAS, the proposed site plan is for the conversion and alteration of an existing residence with a 351 sq. ft. office on the first floor and a 2nd floor apartment on a 0.24 acre parcel in the HB Zone located approximately 725' s/o County Road 48 on the w/s/o Peconic Lane, known as 2595 Peconic Lane, in Peconic; SCTM#1000-74-5-4.1; be it therefore 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 Action and not subject to review. Mr. Edwards: Second the motion. 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. Chairperson Woodhouse: North Fork Custom Audio Video - This amended site plan is for alteration of an existing building of 1,785 sq. ft. on a 1.16 acre parcel in the B Zone located on the n/s/o New York State Road 25, approximately 4,755' e/o Aldrich Lane, in Mattituck, SCTM#1000-125-1-19.7. Southold Town Planninq Board Pa.qe Thirty June 14, 2004 Marty, would you please read the resolution? Mr. Sidor: WHEREAS, this is an amended site plan for alteration of an existing building of 1,785 sq. ft. on a 1.16 acre parcel in the B Zone located on the n/s/o New York State Road 25, approximately 4,755' e/o Aldrich Lane, in Mattituck, SCTM#1000-125-1-19.7; be it therefore 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. Cremers: Second the motion. 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. Lead Agency Coordination: Chairperson Woodhouse: Southold Floor Coverinq - This proposed site plan is for a new 7,165 sq. ft. building with 2,823 sq. ft. of warehouse, 200 sq. ft. of office, 64 sq. ft. of bathroom and 4,066 sq. ft. of retail on a 0.63 acre parcel in the B Zone located on the n/s/o County Road 48, approximately 420' e/o Youngs Avenue, known as 46255 County Road 48, in Southold, SCTM#1000-55-2-18.1 Mr. Cremers: I'll offer the following: WHEREAS, the proposed action involves a new 7,165 sq. ft. building with 2,823 sq. ft. of warehouse, 200 sq. ft. of office, 64 sq. ft. of a bathroom and 4,066 sq. ft. of retail on a 0.63 acre parcel in the B Zone located on the n/s/o County Road 48, approximately 420' e/o Young's Avenue, known as 46255 County Road 48, in Southold, SCTM#1000- 55-2-18; 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 SEQR lead agency coordination process for this unlisted action. Mr. Edwards: Second the motion. Chairperson Woodhouse: Motion made and seconded. All those in favor? Southold Town Planninq Board Pa.qe Thirty-One June 14, 2004 Ayes: Ms. Woodhouse, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor Chairperson Woodhouse: Opposed? The motion carries. Determinations: Chairperson Woodhouse: Cutchoque 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 parcel in the MI Zone located at the intersection of West Road and West Creek Avenue, on the w\s\o West Creek Avenue, in Cutchogue. SCTM#1000-110-1-12 Mr. Edwards: I'll offer the following: 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; and WHEREAS, on January 30, 2004, a formal site plan application was submitted for approval; and WHEREAS, on May 10, 2003, the Southold Town Planning Board started the lead agency coordination process on this Unlisted Action; therefore, be it RESOLVED that, on June 14, 2004, the Southold Town Planning Board, acting under the State Environmental Quality Review Act, performed a coordinated 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. 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 Zones located on the s\s\o NYS Road 25, between Sigsbee Road and Marlene Lane, in Mattituck. SCTM#(s)1000-143-2-1, 2, 4, 27.1, & 28 Southold Town Planninq Board Pa,qe Thirty-Two June 14, 2004 Would someone please offer the resolution? Mr. Ca,q,qiano: WHEREAS, the applicant proposes a site plan for the alteration of an existing 14,467 sq. ft. building to retail pharmacy space on a 1.78 acre parcel in the B and R-40 Zones located on the south side of NYS Road 25 between Sigsbee Road and Marlene Lane, in Mattituck, SCTM#s1000-143-2-1, 2, 4, 27.1, & 28; and WHEREAS, on March 22, 2004, a formal site plan application was submitted for approval; and WHEREAS, on May 10, 2003, the Southold Town Planning Board started the lead agency coordination process on this Unlisted Action; therefore, be it RESOLVED that, on June 14, 2004, the Southold Town Planning Board, acting under the State Environmental Quality Review Act, performed a coordinated 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. 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 Buildings - 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 s\s\oCounty Road 48 and the e\s\o Horton Lane, known as 43960 County Road 48, in Southold. Mr. Cremers: I'll offer the following: 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 s/s/o County Road 48 and the e/s/o Horton Lane, known as 43960 County Road 48, in Southold, SCTM#1000-63-1-15; and WHEREAS, on January 27, 2004, a formal site plan application was submitted for approval; and WHEREAS, on May 10, 2003, the Southold Town Planning Board started the lead agency coordination process on this Unlisted Action; therefore, be it Southold Town Planninq Board Pa.qe Thirty-Three June 14, 2004 RESOLVED that, on June 14, 2004, the Southold Town Planning Board, acting under the State Environmental Quality Review Act, performed a coordinated 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. Edwards: Second the motion. 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. OTHER Chairperson Woodhouse: Doroski Family Limited Partnership - This proposed subdivision is for 4 lots on 40.56 acres located south of Sound View Avenue, + 170' west of Hope Lane, Southold where Lot 1 equals 99,316 sq. ft.; Lot 2 equals 103,823 sq. ft.; Lot 3 equals 80,000 sq. ft. and Lot 4 34.06 acres. Mr. Ca,q,qiano: WHEREAS, this proposed subdivision is for 4 lots on 40.56 acres located south of Sound View Avenue, + 170' west of Hope Lane, Southold, where Lot 1 equals 99,316 sq. ft., Lot 2 equals 103,823 sq. ft., Lot 3 equals 80,000 sq. ft. and Lot 4 equals 34.06 acres; and WHEREAS, the Town of Southold has purchased Development Rights on 33.16 acres of Lot 4; and WHEREAS, the Doroski Family Limited Partnership ("applicant") has made application for a minor subdivision of land relating to SCTM#1000-69-1-9 (the "subject parcel"); and WHEREAS, the applicant has recently sold the Development Rights to 33.16 acres of land adjacent to the proposed subdivision and the sale of such Development Rights was made with the expectation that the applicant would later be permitted to realize a yield of three (3) building lots on the subject parcel; and WHEREAS, since the time of the applicant's sale of the Development Rights, the known condition of the land in the subject parcel has changed, such that more of the subject parcel is covered by wetlands, etc. than previously known; and WHEREAS, pursuant to its statutory authority, the Planning Board follows a strict policy and practice of requiring applicants to exclude lands defined as unbuildable lands when determining lot yield of a parcel; Southold Town Planninq Board Pa.qe Thirty-Four June 14, 2004 IT IS HEREBY RESOLVED THAT: Strict compliance with the Planning Board's regulations, policy and practice would result in a limitation of the applicant's yield to two (2) lots. Pursuant to Town Code §A106-50, strict compliance with such regulations, policy and practice would subject the applicant to extraordinary hardship. The extraordinary hardship to be suffered by applicant is established, insofar as: (a) The applicant has made a succession of past decisions including the Sale of Development Rights upon +33.16 acres based upon an expected three lot yield. (b) The area of wetlands on the property was underestimated. Correspondingly, site hydrology was altered post the Development Right Sale due to the construction of a right-of-way on neighboring property to the west of the property line. Finding sufficient cause related to the specific and extraordinary circumstances of this application, the Planning Board determines pursuant to Town Code §A106-50 that strict compliance with the subdivision regulations, policy and practice is hereby varied for this application only to the limited extent that applicant is hereby permitted by the Planning Board to realize a yield of three (3) building lots on the subject parcel. Applicant must satisfy all other regulations, policies and procedures in effect with respect to this application, including, without limitation, all other requirements of the Town Code and other local, county and state agencies. Mr. Cremers: Second the motion. 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. APPROVAL OF PLANNING BOARD MINUTES Southold Town Planninq Board Pa,qe Thirty-Five June 14, 2004 Chairperson Woodhouse: I'll entertain a motion for the Board to approve the minutes of May 10, 2004 and May 17, 2004. Mr. Cremers: So moved. 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. I'll entertain a motion to adjourn. Mr. Ca,q,qiano: So moved. Mr. Cremers: 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. Respectfully submitted, Carol Kalin Secretary Jerilyn B. Woodhouse, Chairperson