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HomeMy WebLinkAboutPB-01/12/2004PLANNING BOARD MEMBERS JERILYN B- WOODFIOUSE Chair RIC~LA/{D CAGGIANO WILLIAM J. CREMERS KENN~TPI L. EDW.~dDS ~LARTII~ L-/. ~IDOR 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 JANUARY 12, 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. I would like to call this meeting to order. The first order of business is for the Board to set Monday, February 9, 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. S0uthold Town Planninq Board Pa.qe Two January 12, 2004 "PUBLIC HEARINGS ChaFperson Woodhouse: 6:00 p.m. - Pu.qliese, Ralph & Patricia - This proposed minor subdivision is for 3 lots on 22.76 acres. Development Rights have been sold on 14.81 acres. Thero is an existing house and winery on one lot. The property is located on Main Road, west of Bridge Lane, in Cutchogue. SCTM#1000-97-1-12.6, 12.7 & 12.9 Are there any questions or comments on this proposed subdivision? Patricia Moore, Esq,: Good evening, Madam Chairman. Congratulations. Welcome. I am here on behalf of Mr. and Mrs. Pugliese. A little bit of history: This property - Mr. and Mrs. Pugliese were one of the original participants in the Sale of Development Rights Program. And this is one of those Sale of Development Rights that retained an area that was to be a future development area - or future lots - for the children and it has been fifteen y6ars and now the children have stayed around town. They wish to build their homes on these properties and they are raising their families in Southold or in Cutchogue. So, this is one of the examples of planning for the future and preserving a property while keeping options open for your future family. So, this is probably Number One Example of how to do it correctly. Thank you. If anyone has any questions, we are ail here. Thank you. Jerilyn Woodhouse: Are there any questions? (There were none.) Any Comments? (No one wished to comment.) Is there a motion to close the public hearing? Mr. Cag.qiano: So moved. Mr. Sidor: Second. Chairperson Woodhouse: Motion made and seconded. Any questions on the motion? (There were none.) 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 6:03 p.m.) Mr. Caggiano: Fir offer the following resolution: WHEREAS, Ralph and Patricia Pugliese are the owners of the property known and designated as SCTM#1000-97-1-12.6, 12.7, 12.9 on Main Road, Southold; and WHEREAS, the applicant proposes to subdivide a 22.75 acre parcel into 3 lots where Lot 1 is equal to 17.88 acres; Lot 2 is equal to 2.00 acres and Lot 3 is equal to 2.87 acres; and Southold Town Planning Board Pa.qe Three January 12, 2004 WHEREAS, On Apd117, 2001 the Planning Board granted conditional sketch plan approval on the map, dated November 27, 1999; and WHEREAS, three extensions were granted from October 1,2001 to April 16, 2003 for conditior~'al sketch plan approval; and WHEREAS, the applicant has met all the conditions outlined in the sketch plan approYal; and WHEREAS, the Suffolk County Department of Health Services issued approval for the action on December 5, 2003; and WHEREAS, the Planning Board, pursuant to the State Environmental Quality Review Act, (A~ticle 8), Part 617, performed a review of this unlisted action, made a determination of non-significance and granted a Negative Declaration on July 17, 2001; be it therefore RESOLVED, that the Southold Town Planning Board grant a retro-active extension of conditional sketch approval from April 16, 2003 to January 12, 2004. Mr. Cremers: Second the motion. Chairperson Woodhouse: Motion made and seconded. Are there any questions on the motion? (There were none.) All those in favor? Ayes: Ms. Woodhouse, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor Chairperson Woodhouse: Opposed? The motion carries. Mr. Ca.q.qiano: BE IT FURTHER RESOLVED, that the Southold Town Planning Board grant conditional final approval on the maps, dated as revised October 24, 2002, subject to the following conditions. These conditions must be met within six (6) months of the resolution: The submission of the $10,000.00 Park & Playground fee ($5,000.00 for each unimproved lot) to the Planning Board Office. The Development Rights have been sold upon Lot 1. 2. Submission of a right-of-way agreement over the lands of Ralph and Patricia Pugliese. 3. Submission of a performance bond for the right-of-way improvements upon the receipt of a cost estimate prepared by the Town Engineer's Office. 4. Approval of an emergency turn-around configuration from the Town Engineer's Office. Southold Town Planninq Board Pa,qe Four Januaw 12,2004 5. A fire well determination from the Cutchogue Fire District. No response was receive'd to an April 17, 2001 inquiry. 6. Submission of 3 mylar and 7 paper plats with Suffolk County Department of Health approved stamp. Mr. Cremers: Second the motion. Chaitpersgn Woodhouse: Motion made and seconded. Are there any questions on the nibtion? (There were none.) All those in favor?. Ayes: Ms. Woodhouse, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor Chairperson Woodhouse.' Opposed? The motion carries. Chairperson Woodhouse: 6:05 p.m. - Brewer Yacht Yard - This proposed amended site plan is for a new two-stow 1,632 sq. ft. addition to an existing building on a 9.5 acre parcel in the Mil Zone located at the northwest corner of Manhasset Ave. & Sandy Beach Rd. in Greenport. SCTM#1000-43-3-2 Could I ask the speakers to please identify themselves when they come to speak to the Board. Merlon Wi.q.qin: Good evening. It's Merlon Wiggin, Peconic Associates. Also, I have the Chairman of Brewer Yacht Yard here as well, Mike Acebo. As you pointed out, this is a twenty-four by thirty-four foot addition - office space - to re- locate two additional - two staff - from the present building into the new addition. If you have any questions on this, I would be glad to answer them. Jerilyn Woodhouse: Are there any questions or comments? I will entertain a motion to close the hearing. Is there a motion? Mr. Cremers: So moved. Mr. Sidor: Second. Chairperson Woodhouse: Motion made and seconded. Any questions on the motion? (There were none.) 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 6:10 p.m.) Southold Town Planninq Board Paqe Five January 12, 2004 Mr. Sidor: WHEREAS, the proposed amended site plan, to be known as the Brewer's Yacht Yard Administration Addition, is for a new two-story 1,632 sq. ft. addition to an existing builditig on a 9.5 acre parcel in the Mil zone; and WHEREAS, Brewer's Yacht Yard at Greenport, Inc. is the owner of the property known and designatf~d'as 2530 Manha-sset Avenue, located at the intersection of Manha~set Avenue and Sandy Beach Road, on the northwest comer, in Greenport, SCTM#1000-43-3-2; and WHEREAS, on September 2, 2003, a formal application for approval of this site plan Was submitted; and WHEREAS, on September 9, 2003, the Southold Town Planning Board, acting under the State Environmental Quality Review Act (6 NYCRR), Part 617.5, made a determination that the proposed action is a Type II and not subject to review; and WHEREAS, on December 8, 2003, the Architectural Review Committee reviewed and approved the proposed site plan application as submitted; and WHEREAS, on December 8, 2003, the Southold Town Planning Board referred a site plan to the Southold Town Trustees, on December 10, 2003; the Southold Town Trustees responded that the proposed administration addition to be out of wetland jurisdiction under Chapter 97 of the Town Wetland Code and Chapter 37 of the Town Code; and WHEREAS, on December 10, 2003, the Southold Town Building Inspector reviewed and certified the site plan; and WHEREAS, on December 27, 2003, the Greenport Fire Department reviewed the site plan revision, dated August 26, 2003, and approved the fire access; 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, on January 6, 2004, the Town Engineer reviewed and approved the site plan and the Planning Board has accepted his recommendation for approval; and WHEREAS, a final public hearing was closed on said application at Town Hall, Southold, New York on January 12, 2003; and WHEREAS, all the requirements of the Site Plan Regulations of the Town of Southold have been met; be it therefore RESOLVED that the Southold Town Planning Board grant conditional final approval on the site plan prepared by Daniel S. Natchez and Associates, Inc., certified by Elizabeth Southold Town Planning Board Page Six January 12, 2004 ThompsOn, Architect, dated July 7, 1992 and last revised August 8, 2003, subject to ful¥illment d~ the following conditions. These conditions must be met within six (6) months of the resolution: Approval by the Suffolk County Department of Health Services. Approval Of a permit or non-jurisdiction letter from the NYS DEC. All outdoor lighting shall be shielded so that the light source is not visible from adjacent prop~rti~es and roadways. Lighting fixtures sllall focus and direct the light in sUch'amanner as to contain the light and glam'withir~ property boundaries. The lighting must meet the Town Code requirements. The applicant, agent and Or owner agrees to a new public hearing if any additions and/ or changes occur from the exact site plan approved at the time a'nd date of this resolution. Mr. Cremers: Second the motion. Chairperson Woodhouse: Motion. made and seconded. Any questions on the motion? (There were none.) All those in favor? Ayes: Ms. Woodhouse, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor Chairperson Woodhouse: Opposed? The motion carries. Chairperson Woodhouse: 6'10 p.m. - Mendoza, Amelia - This proposal is to set off a 7.04 acre (Lot 1 ) from 26.69 acre parcel (Lot 2) in Orient. The property is located n/o Main Road, 450' east of Greenway East, in Orient. SCTM#1000-15-2-15.1 Bruce Anderson: Good evening. Bruce Anderson, Suffolk Environmental Consulting, for the applicant - the Mendozas. I want to go over some of the history of this so everyone understands how we got to where we are today. This is, as you said, a 26..7 acre parcel that was purchased by the Mendozas in the late summer, early fall of 2002. It was purchased as one lot and the Mendozas bought it so they could build their home on it. They built a dwelling, a garage, a pool and an accessory structure. We had - the Mendozas proceeded through this regulatory process. They had attempted to secure a variance approval from the Zoning Board of Appeals to construct a guesthouse on the property. The condition of that variance approval was to be that the guesthouse could not be deeded out separately from the main house. The purpose of the guesthouse is to provide a small living accommodation for the Mendozas in-laws. That variance was turned down and the Zoning Board requested that we come to this Board for a set-off. We initially met with this Board on May 2"d and then again on June 25, 2003 and, on the basis of those meetings, the set-off being for the creation of this 7.044 acre waterfront lot. Those S0uthold Town Planning Board Pa.qe Seven January 12, 2004 meetings went very well and, on that basis, we proceeded with a formal application which was for the following September 16, 2003. The set-off is exempt from the subdivision moratorium and the reason why it has gained that exemption is because we have offered a covenant barring further division of Lot One, the waterfront lot. So, Lot One becomes a seven acre parcel that cannot be further subdivided in the future. We are finally before you tonight on the public hearing based on '~l~ose conditJ0~s and facts. The accessory structure that is found on Lot Two ~vould be co~ve~ted to a principle structure which accomplishes what we have been trying're dO all along, and ~Piat is to provide a small living accommodation for the Mehdoza~, in-laws. Tl~a~, strUcture would comply with zonir~g ir~ every respect both off [l~b ri~ht-bf-way and then also - which would constitute the.fro~t. It}t line - and also the COrh'rnon divlsiOh I[~e~ I~e~veen Lot Two and Lot One, which Wou d b'e'the side yard in this cg~se. Part and parcel to what's going on with this map, at the request of this Board, the then existing fifteen foot access easement, which runs along the eastern side lot boundary of the overall parcel, would be expanded to fifty feet and that expansion is shown on the maps that have been filed with this Board. Following the outcome, i understand that the hearing cannot be closed today because the appropriate referral to the Suffolk County Planning Commission was not made within the time frame otherwise required in Order to close this hearing. That doesn't bother us really but it must be understood that the accessory structure on Lot Two will be converted to a principle dwelling. It is designed for easy com, ersion. Our architect is away this week. That would be Samuels and St~elman - and that.application will be filed on his return back to the office next week. Again, this is a simple set-off to create an over-sized lot that cannot be further subdivided which is consistent with the Town's density reduction goals and also preservation goals. We t~ust we can move through the process towards its approval. There will be -because the lots exceed five acres in size - there is no requirement for Health Department approval and we are in the process of obtaining a letter from the H~alth Department that will state just that, that no permit is required. There would filing of the amended easemeht expanding it to fifty feet from its present fifteen feet and th'ere would be a curb cut permit obtained from the New York State Department of Transportation, who controls Route 25. We expect little or no probletn with that because the curb cut already exists. There already is access into the lots. That is essentially our presentati(~n. That is what we wish to do. Are there any questions? Jerilyn Wo0dhouse: Does the Board have any questions? (There were no questions from the Board.) Comments? (There were none.) Does anyone in the audience have any questions or comments? (No one wished to be heard.) O.K. Is there a motion to close the hearing? Mr. Edwards: So move. Mr. Cremers: Second. Southold Town Planning Board Page Eight January 12, 2004 ChaiCperson Woodhouse: All those in favor? Richard Ca.qqiano: I thought we were leaving this one open? Jerilyn Woodhouse: Excuse me. We will leave this one open. Do you want to read the resolutio'n? .Btuce:.Anderson: May I suggest that it could be closed - left open - for purposes of get~ihg a referral only so We dor~'t have to re-notice. That is usually how it is done. Mr. Edwards: I'll offer the following resolution: WHEREAS, Amelia Mendoza is the owner of the property known and designated as 'SCTM#1000-15-2-15.1, located n/o Main Road, Orient; and WHEREAS, this proposal is to set off a 7.04 acre parcel (Lot 1 ) from a 26.69 acre parcel (Lo[ 2) in Orient; and WHEREAS, a freshwater wetland exists on site, however, no new construction is proposed and no significant adverse impacts are expected as a result of the proposed action; 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. Cremers: Second the motion. Chairperson Woodhouse: Motion made and seconded. Any questions on the motion? (There were none.) 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 hereby holds the public hearing for the Set-Off of Amelia Mendoza open pursuant to the fulfillment of the following condition: 1. A response from the Suffolk County Planning Commission, a jurisdictional reviewing entity of the action. Mr. Cremers: Second the motion. Southold Town Planninq Board Pa.qe Nine January 12, 2004 Chairperson Woodhouse: Motion made and seconded. Any questions on the motion? (There were none.) All those in favor? Ayes: Ms. Woodhouse, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor Chairperson Woodhouse: Opposed? The motion carries. Bruce Anderson: Just one li~le quick question. It is my understand that the Planning Commission must respond within thirty days. Mr. CCemers: Forty-five. Bruce Anderson: Forty-five. So, when is it open? Failure for them to respond - I guess you just close the hearing. Is that what happens? Mr. Cremers: They would respond probably on February 3"d. That is their next meeting so, if it is a condition, that's when if would be heard. If not, they would send back an answer Of no jurisdiction. So, sometime in February. I would assume you would have an answer by the next meeting in February. Bruce Anderson: When is the next meeting in February? Mr. Cremers: February 9th. Bruce Anderson: Thank you very much. Jerilyn Woodhouse: Thank you. Have a good evening. Hearings Held Over From Previous Meetings: 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. Mr. Cremers: I'll offer the following resolution: WHEREAS, the above application is a major subdivision without an executed conservation component; and WHEREAS, the applicant has requested a waiver from Local Law Number 3; and WHEREAS, the request was denied by the Town Board; be it therefore 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 Southold Town Planning Board Page Ten January 12, 2004 Temporary Moratorium on Processing, Review of, and making decisions on applications for Major Subdivisions, Minor SUbdivisions and Special Use Permits containing Dwelling Unit~ inthe Town of Southold" and therefore no comment can be accepted or action can be made on this application. Mr. Edwards: Second the motion. Cha rperson. Woodhouse:' Motion made and seconded. Any questions on the motion? (TheCe were none.) 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 AND SET- OFF APPLICATIONS Setting of Final Hearings: Chairperson Woodhouse:. Petrolino/Hilarv - This proposed lot line change will transfer .255 acres from Parcel 1 (SCTM#1000-78-8-17.2) to Pame1.2 (SCTM#1000-8-16.4) in the R-40 Zoning District. The parcels are located 1,375' e/o North Bayview Road and Cedar Avenue in Southold. Mr. Caqgiano: WHEREAS, the applicant proposes to amend the lot line between SCTM#1000-78-8- 16.4 (Parcel 2) and 1000-78-8-17.2 (Parcel 1 ) and transfer 0.255 acres of Parcel 1 to Parcel 2; and WHEREAS, after the transfer, Pamel 1 would equal .918 acres and Parcel 2 would equal 1.083 acres; and WHEREAS, following the transfer, both lots will conform to the R-40 Zoning District; 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. Cremers: Second the motion. Southold Town Planning Board Pa.qe Eleven January 12, 2004 Chairperson Woodhouse: Motion made and seconded. Any questions on the motion? (There were none.) All those in favor? Ayes: Ms. Woodhouse, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor Chairperson Woodhouse: Opposed? The motion carries. Mr. Ca.qqiano: BE IT ,FURTHER RESOLVED, that the Southold Town Planning Board set Monday, · Febru~ 9; 2i)04, at 6:00 p.m. for a final public hearing on the maps, dated November 1'8, 2003. Mr. Cremers: Second the motion. Chairperson Woodhouse: Motion made and seconded. Any questions on the motion? (There were none.) All those in favor?. Ayes: Ms. Woodhouse, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor Chairperson Woodhouse: Opposed? The motion carries. Sketch 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 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 properly is located n/o North Bayview Road, 180 feet w/o Jacobs Lane, in Southold. SCTM#1000-79-2-7 Mr. Sidor: 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 Parcel A (to be labeled as Lot 7), 25.75 acres; and WHEREAS, 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; and WHEREAS, on November 11,2003 the Southold Town Planning Board, pursuant to Part 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 S0uthold Town Planning Board Pa.qe Twelve January 12, 2004 WHEREAS, it is the understanding of the Planning Board that the applicant has agreed to fife a Covenant & Restriction on Lots I through 6 that limits clearing to I acre upon each lot; and WHEREAS, on December 5, 2003, the Board of Trustees issued a letter of non- jurisdiction for the proposed action; and WHEREAS, on October 27, 2003, the Planning Board received a Site EcoJoqical Sensf'~iVity Report prepared by Nelson Pope and Voorhis, LLC; and WHEREAS, the Site Ecolo.qical Sensitivity Report found that impacts to the flora and fb_una would be minimal if the project were implemented as planned; and WHEREAS, on November 10, 2003 a Phase I Archeoloqical/Historical Sensitivity Evaluation and Survey Fdrestbrook at Bawiew Property, Great Hoq Neck, Town of South'old, Suffolk County,, New York (October 2003) was submitted and concluded that no significant prehistoric Or historic archeological sites exist within the area to be developed and no further testing is recommended; 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 leadagen'cy for the proposed action and as lead agency grants a Negative Declaration for the proposed action. Mr. Cremers: Second the motion. Chairperson Woodhouse: Motion made and seconded. Any questions on the motion? (There were none.) All those in favor?. Ayes: Ms. Woodhouse, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor Chairperson Woodhouse: Opposed? The motion carries. Mr. Sidor: FURTHER RESOLVED, that the Southold Town Planning Board grant conditional sketch plan approval on the final plat, dated & last revised on November 5, 2003, subject to the following conditions: 1. Change the reference to Parcel A to read Lot 7. 2. Submit a bond estimate for the road and drainage plan, dated October 31, 2003, for review. Pursuant to A108~45. street trees are required. Please include the number and specifications of proposed street trees upon the plat. Include planting specifications. Southold Town Planninq Board Page Thirteen January 12, 2004 4. Submit draft Covenants and Restrictions including: a. Language pertaining to the limit of clearing requirements upon Lots 1 through 6 and permissible maintenance activities of the Non-Disturbed Vegetation Retention Buffer. Mr. Cremers: Second the motion. Cha'irper'son Woodhouse: Motion made and seconded. Any questions on the motion? (There were none.) All those in favor?. Ayes: Ms. Woodhouse, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor Chairperson Woodhouse: Opposed? The motion carries. Chairperson Woodhouse: Kaloski, Michael - This proposal will subdivide a 8.30 acre parcel, SCTM#1000-102-4-6.2, into 2 lots where Lot 1 equals 2.02 acres and Lot 2 equals 5.35 acres in addition with a lot line change that will transfer .402 acres from SCTM#1000o 102-4-6.2) to SCTM#1000-102-4-7.1. Following the transfer, SCTM#1000- 102-4-7.1 will equal .918 acres. The parcel is located on Alvahs Lane, 2,056 feet n/o Main Road (NYS 25) and s/o Middle Road (CR 48) in Cutchogue. Mr. Edwards: I'll offer the following resolution: WHEREAS, this proposal will subdivide a 8.30 acre parcel, SCTM#1000-102-4-6.2, into 2 lots where Lot 1 equals 2.02 acres and Lot 2 equals 5.35 acres, in addition, with a lot line change that will transfer .402 acres from SCTM#1000-102-4-6.2 to SCTM#1000- 102-4-7.1 which, following the transfer, will equal .918 acres; and WHEREAS, on September 23, 2003, the Southold Town Board adopted Resolution No. 642 of 2003 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; and WHEREAS, on November 11,2003, the Southold Town Planning Board, pursuant to Part 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; 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 and, as lead agency, grants a Negative Declaration for the proposed action. Mr. Cremers: Second the motion. Southold Town Planning Board Page Fourteen January 12, 2004 Chairperson Woodhouse: Motion made and seconded. Any questions on the motion? (There were none.) 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 sketch plan approval on the plat, dated as last revised on October 10, 2003. Mr. Cremers: Second the motion. Chairperson Woodhouse: Motion made and seconded. Any questions on the motion? (There were none.) All those in favor? Ayes: Ms. Woodhouse, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor Chairperson Woodhouse: Opposed? The motion carries. Chairperson Woodhouse: McFeely, John - This proposed major subdivision is for 6 lots on a 30.785 acre parcel where Lot 1 equals 1.67 acres; Lot 2, 2.31 acres; Lot 3, 2.09 acres and Lot 4, 2.09 acres. The Town of Southold and the County of Suffolk will acquire fee title to Lot 5 equal to 11.39 acres and Lot 6 equal to 11.39 acres for open · space purposes. The project is located n/o NYS Route 25 and the LIRR easement in Laurel. SCTM#1000-125-1-14 Mr. Cremers: I'll offer the following resolution: WHEREAS, this proposed major subdivision is for 6 lots on a 30.785 acre parcel where the Town of Southold and the County of Suffolk will acquire fee title to 24.041 acres for open space purposes; and WHEREAS, on November 11, 2003 the Southold Town Planning Board, pursuant to Part 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; 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 and as lead agency grants a Negative Declaration for the proposed action. Mr. Edwards: Second the motion. Southold Town Planning Board Pa.qe Fifteen January 12, 2004 Chairperson Woodhouse: Motion made and seconded. Any questions on the motion? (There were none.) All those in favor?. Ayes: Ms. Woodhouse, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor Chairperson Woodhouse: Opposed? The motion carries. Mr. Cremers: BE IT FURTHER RESOLVED, that the Southold Town Planning Board grant conditional sketch plan approval on the plat, dated & last revised on December 18, 2003, subject to the following conditions: Pursuant to Chapter A106-33 of the Code of the Town of Southold, a turn- around and the terminus of the proposed right-of-way for emergency vehicles must be designated on the plat and shown upon the road and drainage plan. Please show a proposed turn-around as discussed with the Town Engineer. It is the understanding of the Planning Board that the 40 foot "buffer" is a non- disturbed, natu[al buffer. Please include the wording "undisturbed, natural buffer" upon the plat and within the Covenant and Restrictions discussed below. Pursuant to A108-45, street trees are required. Please show upon the plat the number and specifications of proposed street trees. The Planning Board recommends that the applicant propose existing trees and/or stands of trees. 4. Please include the legal name and address of the property owners upon the plat. In addition to the above conditions, please submit the following to facilitate an expedited review: The Planning Board is not in favor of direct access to and from NYS Route 25 (Main Road) for Lots 1 and 4. Access is to be achieved from the right-of-way. Please include language in the Covenants and Restrictions prohibiting Main Road access. 2. Submit a Draft Road and Maintenance Agreement for review. 3. Please submit a curb cut permit from the State of New York Department of Transportation. 4. Please submit Road and Drainage Plans and a draft cost estimate for improvements. Mr. Edwards: Second the motion. Southold Town Planning Board Page Sixteen January 12, 2004 Chairperson Woodhouse: Motion made and seconded. Any questions on the motion? (There w~ere none.) All those in favor?. Ayes: Ms. Woodhouse, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor Chairperson Woodhouse: Opposed? The motion carries. Bond Determinations: Chairperson Woodhouse: Baxter Sound Estates - This proposed minor subdivision is for 2 lots on 4.65 ac~es. The property is located on Oregon Road, west of Bridge Lane in Cutchogue. SCTM#1000-72-2-2.1 Mr. Ca.q.qiano: WHEREAS, the applicant has submitted a certified check, numbered 67466750, in the amount of $60,425.00, dated October 10, 2002 and issued by the North Fork Bank, as a performance guarantee for the Minor Subdivision Baxter Sound Estates; and WHEREAS, James Richter, the Town Engineer, performed a final inspection of the required improvements and has issued a letter of completion, dated November ~12, 2003; be it therefore RESOLVED, that the Southold Town Planning Board release the $60,425.00 placed in a Trust and Agency Account as a performance guarantee for improvements and recommends same to the Town Board. Mr. Edwards: Second the motion. Chairperson Woodhouse: Motion made and seconded. Any questions on the motion? (There were none.) All those in favor? Ayes: Ms. Woodhouse, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor Chairperson Woodhouse: Opposed? The motion carries. SITE PLANS Setting of Final Hearings: Chairperson Woodhouse: New Suffolk Shipyard - This site plan is for two boat storage racks as follows: Rack A equals 14' x 76' and Rack B equals 14' x 50' and stores a total of 36 boats on a 2.287 acre parcel in the MI, Mil Zone(s). The property is located approximately 300' north of Orchard St., on the east side of New Suffolk Rd., in New Suffolk. SCTM#1000-117-5-29.1 Southold Town Planning Board Paqe Seventeen January 12, 2004 Mr. Sidor: RESOLVED that the Southold Town Planning Board set Monday, Febroary 9, 2004, at 6:05 p.m. at the Southold Town Hall for the final 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? (There were` none.) Ali 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 Lead Agency Coordination: Chairperson Woodhouse: Elements of Nature - This site plan is for alteration of an existing 2,415 sq. ft. two-story single-family dwelling into a 28-seat restaurant and three- bedroom tourist house with personal services and alteration of three existing accessory buildings as follows: 470 sq. ft. frame shop, 1,188 sq. ft. barn & 381 sq. ft. garage into storage without water or sanitary facilities on a 1.962 acre parcel in the HB Zone located approximately 425' east of Boisseau Avenue, on the north side of State Road 25 (Main Road), known as 56125 Main Road, in Southold. SCTM#1000-63-3-10 Mr. Cremers: I'll offer the following: WHEREAS, the applicant proposes an alteration of an existing 2,415 sq. ft. two-story single-family dwelling into a 28-seat restaurant and three-bedroom tourist house with personal services and alteration of three existing accessory buildings as follows: 470 sq. ft. frame shop, 1,188 sq. ft. barn & 381sq. ft. garage into storage without water or sanitary facilities on a 1.962 acre parcel in the HB Zone located approximately 425' east of Boisseau Avenue, on the north side of State Road 25, (Main Road), known as 56125 Main Road, in Southold, SCTM#1000-63-3-10; 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. Edwards: Second the motion. Southold Town Planninq Board Paqe Eiqhteen January 12, 2004 Chairperson Woodhouse: Motion made and seconded. Any questions on the motion? '(There w~re none.) All those in favor? Ayes: Ms. Woodhouse, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor Chairperson Woodhouse: Opposed? The motion carries. Determinations: Chairperson Woodhouse: Natural Landscape Accents (Skrezec, Darrin) - This site plan is for a 5,000 sq. ft. landscape contractor's building including the following spaces: 3,300 sq. ft. storage, 1,100 sq. ft workshop and 600 sq. ft. of office on a 3.65 acre pamel in the LB, RO Zones. The property is located approximately 185 ft. west of Peconic La., on the south side of CR 48, known as 32900 CR 48, in Peconic. SCTM#1000-74-4-14.3 Mr. Edwards: I'll offer the following: WHEREAS, the applicant proposes a site plan for a 5,000 square foot landscape contractor's building including the following spaces: 3,300 sq. ft. storage, 1,100 sq. ft workshop and 600 sq. ft. of office on a 3.65 acre parcel in the LB, RO Zones located approximately 185 feet west of Peconic Lane, on the south side of County Road 48, known as 32900 C.R. 48, in Peconic, SCTM#1000-74-4-14.3; and WHEREAS, on September 9, 2003, a formal site plan application was submitted for approval; and WHEREAS, on December 9, 2003, the Southold Town Planning Board started the lead agency coordination process on this Unlisted Action; and WHEREAS, on December 16, 2003, the New York State Department of Transportation responded with no objection to the Town of Southold Planning Board assuming lead agency status; and WHEREAS, on December 16, 2003, the Suffolk County Water Authority responded with no objection to the Town of Southold Planning Board assuming lead agency status; therefore, be it RESOLVED that, on January 12, 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. Southold Town Planninq Board Page Nineteen January 12, 2004 Chairperson Woodhouse: Motion made and seconded. Any questions on the motion? (There were none.) All those in favor? Ayes: Ms. Woodhouse,. Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor ChairpeCson Woodhouse: Opposed? The motion carries. Chairperson Woodhouse: The Old Barge Restaurant - This proposed amended site plan is for a new second floor addition of 1,851.7 sq. ft. and an alteration to 3,923 sq. ft. of existing building space on a 1.4438 acre parcel in the Mil Zone. The property is located approximately 1,953' west of Dolphin Drive on the south side of Old Main Road, known as 750 Old Main Road, in Southold. SCTM#1000-56-6-8.7 Mr. Caqgiano: WHEREAS, the applicant proposes an amended site plan for a new second floor addition of 1,851.7 sq. ft. and an alteration to 3,923 sq. ft. of existing building space on a 1.4438 acre parcel in the Mil Zone, located approximately 1,953' west of Dolphin Drive, on the south side of Old Main Road, known as 750 Old Main Road, in Southold; and WHEREAS, on November 7, 2003, a formal site plan application was submitted for approval; and WHEREAS, on November 10, 2003, the Southold Town Planning Board started the lead agency coordination process on this Unlisted Action; and WHEREAS, on November 17, 2003, the New York State Department of Transportation responded with no objection to the Planning Board's wishes to assume SEQRA lead agency status; and WHEREAS, on November 14, 2003, the New York State Department of D.E.C. responded with no objection to the Town of Southold Planning Board Office assuming lead agency status for this action; and WHEREAS, on November 28, 2003, the Suffolk County Planning Commission responded with no objection to the Town of Southold assuming lead agency; and WHEREAS, on December 9, 2003, the Suffolk County Department of Health responded with no objection to the Town's designation as lead agency, the department wishes, however, to reserve its right to provide more detailed information within the comment period(s) established for this action; therefore, be it RESOLVED that, on January 12, 2004, the Southold Town Planning Board, acting under the State Environmental Quality Review Act, performed a coordinated review of Southold Town Plannin.q Board Pa.qe Twenty January 12, 2004 'this Unlisted Action. The Planning Board establishes itself as lead agency, and as lead agency, makes a determi.nation of non-significance and grants a Negative Declaration. Mr. Cremers: Second the motion. :Chairperson Woodhouse: Motion made and seconded. Any questions on the motion? (There were none.) 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 want to offer a motion for the Board to approve the December 8, 2003 minutes of the Planning Board. Mr. Cremers: Second. Chairperson Woodhouse: Motion made and seconded. Any questions on the motion? (There were none.) All those in favor?. Ayes: Ms. Woodhouse, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor Chairperson Woodhouse: Opposed? The motion carries. Is there anyone else who would like to address the Board this evening or have any questions for the Board? I would like to entertain a motion to close the meeting. Mr. Caq.qiano: Madam Chairman, may I make a comment? Jerilyn Woodhouse: Yes, you may. Mr. Caq.qiano: I would just like to say, and to put on public record, simply a statement that to recognize the long years of service that Ben Orlowski had given to our Planning Board. He was on here for probably twenty years. I think it is appropriate that we make that acknowledgement for the work he has done on behalf of the Planning Board. And, as you know, many of you - that it was actually Benny who proposed the moratorium to the Town which you are now living under and the proposal of the extension. He also last year has been named as the Chairman of the Year from a New York State Planning Association as well as receiving recently the Civic Person of the Year from the Suffolk Times. I think that speaks well of himself and the service he has given the Town and I would like that entered into the record as a matter of record. Thank You. Southold Town Planninq Board Paqe Twenty-One Januaw 12,2004 Jerilyn Woodhouse: Thank you. Mr. Edwards: Madam Chairman, if I could add - I would like to echo that also from Fishers Island. Benny was a huge help with the affordable housing project on Fishers island which is a one of a kind, as you may know or may not know, in the State of New York. So, again, I would like to extend my sincere thanks from the people of Fishers Island for his help in that particular endeavor. Mr. Cremers: I would just like to add one other comment that an attorney, about two months ago, told me that John Wickham has done so much to preserve so much land here and, Jbhn Wickham was the one that recommended Benny to the Planning Board a'nd, about two months ago, this a[torney told me there are two things that have preserved Southold so far an8 the first one was water and the second one was Benny Odowski. I would like to add that. Jerilyn Woodh0use: Motion to adjourn? Mr. Edwards: 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. Sider Chairperson Woodhouse: Opposed? The motion carries.Thank you for being here. There being no further business to come before the Board, the meeting was adjourned at 6:45 p.m. Respectfully submitted, Carol Kalin Barbara Rudder ouse, Chairperson