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Home My WebLink AboutPB-08/16/2004PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair RICHARD CAGGIANO WILLLkM J. CREMERS K~NNETH L. EDWARDS M~RTIN H. SIDOR P.O. Box 1179 Town tta~l, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SPECIAL MEETING MINUTES August '16, 2004 4:30 p.m. Present were: Jerilyn Woodhouse, Chairperson Richard Caggiano, Member William Cremers, Member Martin Sidor, Member Bruno Semon, Senior Site Plan Reviewer Mark Terry, Senior Environmental Planner Anthony Trezza, Senior Planner Linda Randolph, Secretary Chairperson Woodhouse: 4:35 p.m. We are going to start our meeting tonight with a Special Meeting on the matter of the Fields at Mattituck. This action is to subdivide a 60.42-acre parcel into 27 lots where lot 1 equals 56,641 sq. ft., lot 2 equals 61,994 sq. ft., lot 3 equals 100,310 sq. ff., lot 4 equals 35,095 sq. ff., lot 5 equals 38,395 sq. ft., lot 6 equals 41,671 sq. ft., lot 7 equals 36,950 sq. ft., lot 8 equals 31,744 sq. ft., lot 9 equals 56,957 sq. ft., lot 10 equals 47,934 sq. ft., lot 11 equals 37,105 sq. ft., lot 12 equals 51,735 sq. ft., lot 13 equals, 51,439 sq. ft., lot 14 equals 50,850 sq. ft., lot 15 equals 49,208 sq. ft., lot 16 equals 37,239 sq. ft., lot 17 equals 30,932 sq. ft., lot 18 equals 33,135 sq. ft., tot 19 equals 30,414 sq. ft., lot 20 equals 32,685 sq. ft., lot 21equals 41,197 sq. ff., lot 22 equals 31,875 sq. ft., lot 23 equals 33,931 sq. ft., lot 24 equals 32,802 sq. ft. lot 25 equals 34,081 sq. ft., lot 26 equals 32,011 sq. ft. and lot 27 equals 27.75 acres inclusive of a building area equal to 52,672 sq. ft., a 23.75- acre agricultural & open space easement, and a 90,300 sq. ft. storm water easement area. WHEREAS, on May 30, 2001, Petitioner Kit Realty Inc. filed an Article 78 Proceeding against the Planning Board seeking a judgment and default approval of Petitioner's subdivision final plat; and WHEREAS, on January 23, 2004, the Hon. Justice Mary M. Werner of the Supreme Cour[ of the State of New York, County of Suffolk, issued an order granting default approval and directing the Town Clerk to stamp the subdivision final plat as approved; and WHEREAS, on February 9, 2004, the Planning Board and the Town Clerk filed a notice of appeal in the action; and WHEREAS, the parties desire to effectuate an amicable resolution of the action; it is hereby RESOLVED that the Chair of the Planning Board is authorized to sign attached the Stipulation of Settlement, and further directs the Town Clerk to sign the Stipulation of Settlement~ I will read the conditions: Final Map - The final map should show the following: - Updated County Health Department stamp. - The location of two fire hydrants or wells as required by the Mattituck Fire District and the Suffolk County Water Authority, if applicable. - Building envelopes or a table of dimensional requirements. Since this subdivision is a clustered subdivision, the Planning Board has provided for alternative setbacks. Fulfilling this requirement will save future property owners from needing to apply to the Zoning Board of Appeals for relief of the setback requirements which are detailed in a March 8, 1996 letter on the applicable setback requirements. Two lots in this subdivision (#'s 13 & 14) show a building · envelope overlapping with a required 200' non-pollution buffer for a public water supply well. This potential restriction by the Suffolk County Water Authority on the use of these lots should be clearly marked on the final plat and within the deeds for the benefit of potential buyers and subsequent lot owners. - A-C Agricultural Conservation Zoning District. - The following statement: "This is a Cluster Subdivision that has been designed in accordance with Section 278 of New York State Town Law. The building envelopes and setbacks noted on this final plat were determined by the Southold Town Planning Board and shall apply to each of the lots on this plat and as shown on this plat." - The Liber and Page numbers of all filed Declaration of Covenants and Restrictions. See page 3, Legal Documents, below, for further details. The final map shall be amended to omit the following statement: "Principal building & accessory setbacks for all lots in this development shall conform to the "HD" Hamlet Density Residential Zoning Use Districf." The following set backs and lot coverage are required: Vegetation Retention Buffers or the Stormwater Retention Easement Area shown on the final plat shall be noted within the deed description of each lot. That there shall be no disturbance of any kind within the Non- Disturbance Natural Vegetation Retention Buffer area except as provided below. This includes, but is not limited to, the prohibition of structures of any kind, without Planning Board approval, w~thin this area and the prohibition of and any type of grading or clearing of the natural growth within this area. The DECLARANT covenants that a Natural & Undisturbed Vegetative Retention Buffer is depicted on the subdivision plat. It is hereby understood that the Natural & Undisturbed Vegetative Retention Buffer is intended to preserve the existing trees and natural growth and provide a natural habitat. No Clearing is permitted in the Natural & Undisturbed Vegetation Buffer, except ordinary and proper maintenance and removal of diseased, decayed or dead vegetation, and obnoxious plant, provided that the area in which maintenance "activity is conducted will be re-vegetated in accordance with an approved plan by the Southold Town Planning Board with species native to the State of New York. Notwithstanding the above, the Natural & Undisturbed Vegetative Retention Buffer may be supplemented with additional native vegetation without Planning Board Approval and a fence may be located along the north property line of the subject premises (lots 1,2 and 3). The declarant grants the continuing right in perpetuity to the Town of Southold or any of its designated representatives to inspect any areas designated as open space, common areas, open space easements, or any similar nomenclature so as to insure continued compliance with the covenants, terms and provisions designated herein in regard to same and to insure that the covenants, terms and provisions have not been violated. Declarant grants the continuing right in perpetuity to the Town of Southold, any of its designated representatives or any owner of property within the subdivision to enforce the conditions and restrictions of the covenants as they relate to the open space, common areas, open space easements, or any similar nomenclature and to take any legal action it deems necessary to enforce the conditions and restrictions of the covenants. These rights of inspection and enforcement shall be binding upon declarant, their heirs, :executors, legal, representatives, distributes, successors, assigns and transferees. A paragraph stating that the covenants and restrictions can be modified only a.t the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a Public. hearing. Adjoining property owners shall be entitled to notice of such hearing, but their ~0.nsent to such modification shall not be required. Fees - PaYment of the Parks & Recreation fee of $5,000 (Five Thousand Dollars) per lot, (e.g. 27 X 5: $135,000). Finally, the submission of six (6) paper copies and two (2) mylar versions of the final map will be needed for the Chairperson's signature. Mr. Cremers: Second. Chairperson Woodhouse: All in favor?. Ayes: Ms. Woodhouse, Mr. Caggiano, Mr. Cremers, Mr. Sidor. Chairperson Woodhouse: Opposed? The motion carries. There being no further business to come before the Board, the special meeting was adjourned at 4:50 p.m. Respectfully submitted, Linda Randolph, Secretary dhouse, Chairperson RECEIVED /~,'~$ P,~ 8EP 2 I 2004 C~er}