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HomeMy WebLinkAboutPB-09/13/2004P~G BOARD MEMBERS JERILYN B. WOODHOUSE Chair RICHARD CAGGIANO WILLIAM J. CREMEI~ KENNETH L. EDWARDS MARTIN H. SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD MINUTES September 13, 2004 6:00 p.m. MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 O~'~ICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 661 765-1938 F~x: 631 765-3136 RECEIVED NOV I 6 2004 Present were: Jerilyn B. Woodhouse, Chairperson Richard Caggiano, Member William J. Cremers, Member Kenneth L. Edwards, Member Martin H. Sidor, Member Mark Terry, Senior Environmental Planner Anthony Trezza, Senior Planner Bruno Semon, Senior Site Plan Reviewer Carol Kalin, Secretary SETTING OF THE NEXT PLANNING BOARD MEETING Chairperson Woodhouse: Good evening and welcome to the September 13th meeting of the Planning Board. Our first order of business is for the Board to set Monday, October 4, 2004 at 6:00 p.m. at the Southoid Town Hall, Main Road, $outhold, as the time and place for the next regular Planning Board Meeting. Mr. Cremers: So move. Mr. Edwards: Second. Chairperson Woodhouse: Motion made and seconded. All those in favo~ Ayes: Ms. Woodhouse, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. $idor Chairperson Woodhouse: Opposed? The motion carries. There are agendas for you outside if you need an agenda. There is one addition to the agenda tonight and that would be on Page 3, on the bottom where it says Lead Agency Coordination, we're adding the North Fork industrial Park to the agenda at that point. Southold Town Plannin.q Board Page Two September 13, 2004 We're going to begin with public hearings. If you would like to make comments, we would ask that you please step up to the microphone, state your name and there's an opportunity for you to sign your name and address. Sometimes it's hard for us to hear and that way we'll have a record that will be part of our permanent document when we're done. PUBLIC HEARINGS Chairperson Woodhouse: 6:00 p.m.: Zoumas Contractin.q Corp. at Bayview - This proposal is to subdivide a 48.43 acre parcel into 7 lots where Lot 1 equals 91,787 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 83,771 sq. ft., Lot 6 equals 31,500 sq. ft. and Lot 7 is equal to 37.70 acres which are proposed to be sold to the Town of Southold for open space purposes. SCTM#1000-79-4-17.17 Is there someone here who would like to speak on behalf of the applicant? Patricia Moore, Esq.I 51020 Main Road, Southold: Good evening. This is the final stage of our map development- our approval process. We have the original map that I know the neighbors all reviewed during the preliminary map review process. We are prepared to close on the Sale of Development Rights and now this is all that is awaiting that ultimate sale. The Park and Playground Fee has been paid. The bond has been posted. The map, once it's approved by this Board, we hope will be filed immediately and we can close on the Sale of Development Rights. We appreciate your hard work in moving toward the ultimate goal of preservation. Thank you. Chairperson Woodhouse: Is there anyone else who would like to address the Board on this? John Abele, 255 Windiammer Dr., Southold: I live on Windjammer in Harbor Lights which is the area adjoining this parcel. I count this action, which I assume is going to go through, as a very small victory. I think it means we're getting 5 houses instead of 20 houses. I think this action really reflects a failure of the planning process in the Town of Southold. Mr. Zoumas is going to make a lot of money on this deal. The Town is paying him over a million dollars for the property they will have. Mr. Zoumas will still have 5 lots that he can sell which, I assume, that will be another million dollars or so. So, he's doing very well. The Town of Southold is not doing well. We're getting more suburbanized all the time. The Town could have bought this lot - this land - ten years ago for $500,000. Five years ago, they could have bought it for a million dollars. Now, they're buying part of it for more than a million dollars. I think the problem is that the Planning Board is more of a chess board. It deals with - moves the pieces around but doesn't really accomplish anything. We still end up with more houses then we had and less open space then we had. It seems to me this problem - situation - should have been anticipated, not just this particular plot but all the other plots. If you look at the Bayview Peninsula, Angel Shores is gone, Jacob's Southold Town Planninq Board Pa.qe Three September 13, 2004 Lane is gone, Leeward Acres is gone. There used to be a map in the Town Hall where they had all of the open areas listed on Bayview Peninsula. This is one of the last remaining ones. So, as I say, I think it's been a failure of the planning process, think Planners should look ahead instead of - I think you end up coping with deals that developers force on you and, obviously, you have to deal with them. But, it seems to me, there's not enough looking ahead which, I think, planning involves. I also have a sense there's not too much communication between the Planning Board and the Zoning Board and the Town Board. Everybody seems to be going along their own street, on different streets. That's my impression. As I say, I think it's a failure of planning and I hope you can do better in the future. Ms. Woodhouse: Thank you. Is there anyone else who would like to address the Planning Board on this matter? (No one else asked to speak.) Are there any questions from the Board? Hearing none, Ill entertain a motion to close the hearing. Mr. Edwards: So move. Mr. Cremers: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor? Ayes: Ms. Woodhouse, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor Chairperson Woodhouse: Opposed? The motion carries. (The public hearing was closed at 6:06 p.m.) Mr. Edwards: I'd like to entertain the following motion: WHEREAS, this proposal is to subdivide a 48.43 acre parcel into 7 lots where Lot 1 equals 91,787 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 83,771 sq. ft., Lot 6 equals 31,500 sq. ft. (known as Gay Reese Lot) and Lot 7 is equal to 37.70 acres which are proposed to be sold to the Town of Southold for open space purposes; and WHEREAS, the Town of Southold is in contract to acquire the fee title of Lot 7 equal to 37.70 acres for open space purposes; and WHEREAS, the Gay Reese Lot (6) is a clustered lot equal to 21,500 sq. ft. Therefore, the clustered open space needed to satisfy the yield requirement (80,000 sq. ft.) is 1.34 acres. The clustered open space is a part of Lot 7; and WHEREAS, on June 14, 2004, the Southold Town Planning Board granted conditional preliminary approval on the plat, dated & last revised on March 8, 2004; and Southold Town Planninq Board PaRe Four September 13, 2004 WHEREAS, two sets of Covenants and Restrictions were filed on July 6, 2004, Liber D00012329, Page 39 and April 19, 2004, Liber D00012314, Page 392 with the Clerk of Suffolk County; and WHEREAS, the Suffolk County Department of Health granted approval of the action on April 30, 2004; therefore, be it RESOLVED, that the Southold Town Planning Board accepts the Suffolk County National Bank Irrevocable Letter of Credit, No. 040623 in the amount of $143,250.00, and recommend the same to the Town Board. 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 final approval on the final road & drainage plan, dated as last revised June 15, 2004, and the final plat, dated as revised March 22, 2004, and authorize the Chairperson to endorse the final plat subject to the fulfillment of the following condition: 1. The acceptance of the Letter of Credit, No. 040623, by the Town Board. 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. Hearings Held Over From Previous Meetings: Chairperson Woodhouse: Papson, Vicky - This proposal is to set off a 2.29 acre lot (1) from a 5.43 acre parcel (Lot 2) in the R-40 Zoning District. The property is located on the south side of Main Rd, +/- 400' east of Kayleigh's Court, in East Marion. SCTM#1000-31-13-7 Is there anyone who would like to address the Board on this matter? Southold Town Plannin.q Board Pa.qe Five September 13, 2004 Robert O'Brien, 1955 Truman's Path, East Marion: I spoke at the last meeting. You were supposed to go out and take a look at the screening issue. Ms. Woodhouse: Yes. Mr. O'Brien: Meanwhile, I have investigated with the Water Department as far as what houses are hooked up because there was a statement on the plan that said all houses have to connect to public water. I have a list of houses that are not connected to public water. Can I give that to the Board? Ms. Woodhouse: Thank you. Mr. O'Brien: That's the one issue with the septic system because it seems that the parcel directly adjacent has not been connected to public water and there really should be no approval from Suffolk County Department of Health at this point. The other issue that I still am against is the setback. We have two roads there - we have Main Road and we have Truman's Path and they have a 25-foot setback on the proposed house. Again, you said that's not your jurisdiction but I want to go on record that I object to that. They should have at least a 50-foot setback that's required by the Code. I'd like to know your finding as far as the screening on the property. Ms. Woodhouse: I'll ask Mr. Terry to comment on that. Mark Terry, Sr. Environmental Planner: Yes, we conducted the site inspection and also wrote a letter to Ms. Papson regarding the placement of a self-imposed buffer to protect those trees along Truman's Path. She agreed to a 5-foot buffer which I thought was sufficient because it seems like the trees are really adjacent to the fence as they go along. She also agreed to put the buffer down the entire length of her property which is above and beyond the request, I believe, because we're just addressing her lot - Mr. O'Brien: Your first stipulation - isn't there a green zone, basically, on the first half of that lot where it's unbuildable? Mr. Terry: A green zone? Mr. O'Brien: Yes. In other words, I think, out of the entire parcel, you're allowing 40,000 square feet to be developed or whatever - o.k. - so, that would automatically come under that, that it couldn't be really touched. Mr. Terry: Right, I mean, we would rather not see more than 40,000 feet cleared on that parcel. Mr. O'Brien: O.K. Southold Town Planning Board PaRe Six September 13, 2004 Mr. Terry: The stipulation on the 5-foot buffer is that she has the right to remove dead and decayed trees to avoid potential hazards in the event of storms and I thought that was certainly reasonable to be included in the resolution tonight. As far as the Health Department goes and those listed as being on public water, that seemed fo refer to some of the residences - the Department of Health did make a mistake and that's bones about it and I think it's beyond the Planning Board's jurisdiction right now to hold this up based upon that mislabel on the map. When we alerted the Department of Health that that wasn't the case, they admitted it and those issues will be - Mr. O'Brien: But they're going to be flagged to the Building Department. Mr. Terry: Yes, it's flagged. We actually wrote a letter to the Building Department - we copied the Building Department- Mr. O'Brien: It's the same with the setback issue - that's going to be flagged also. Mr. Terry: Yes. We will write a letter- Mr. O'Brien: Is it correct that the Zoning Board approves an envelope but they didn't approve that exact positioning of that building or the size of the building and everything else? Mr. Terry: As far as the Planning Board is concerned, you saw a house in that building envelope. We're not approving that house. That's just an example of where a house can be located. The Planning Board just has the authority to create the lot and that's what we're creating. In fact, the building envelope is also under the Planning Board's authority so, what we're approving tonight, would be the lot and the building envelope. Where that house is located in there will have to meet the setbacks. Mr. O'Brien: And the particulars of the house as far as the size and the setbacks is not. Mr. Terry: Exactly. Mr. O'Brien: O.K. Does it have to go - in other words, if there are variances required at this point, to go forward with that house, do they have to go back to the Zoning Board? Mr. Terry: No, because they have a ZBA decision. Mr. O'Brien: In other words, the ZBA has granted those setbacks? Mr. Terry: Has granted those setbacks. Mr. O'Brien: Or has granted the building - that the house could fit in that building envelope. Southold Town Planning Board Page Seven September 13, 2004 Mr. Terry: I believe the ZBA has granted the setbacks but I'll have to pull the file right now and, if you wait, I will. Mr. O'Brien: Because I brought that up with the Building Department already and they said that it's only a building envelope. In other words, it's a given area but it's not really the particulars of the setbacks that have - Mr. Terry: Right. Mr. O'Brien: been approved at this point. So, I'm confused. What is the normal process - they have to go before Zoning Board prior to coming to you? Mr. Tern/: Yes, the Planning Board will not approve a non-conforming lot so, obviously, there's a variance board - they go to the Zoning Board of Appeals to get that variance or be denied and, therefore, the Planning Board will entertain the application. Chairperson Woodhouse: Is that clear? You look a little puzzled. Mr. O'Brien: I am puzzled. I'm still puzzled. Ms. Woodhouse: If the lot does not- Mr. O'Brien~ In other words, what you're saying, in effect, is that the Zoning Board has approved this footprint of this house, Is that what you're saying? Ms. Woodhouse: Not that house. They have approved a lot - a building envelope - where a house could go. Mr. O'Brien: O.K. Ms. Woodhouse: Comments inaudible due to interruption by Mr. O'Brien. Mr. O'Brien: Then why, at this point - in other words, if this house - if they go with this lay-out - there's going to be variances needed because the setbacks don't meet the required setbacks. So, does that mean they have to go back to the Zoning Board again? Ms. Woodhouse: They already have the variance to put the house in that building envelope. Mr. O'Brien: Right, but what if all the setbacks don't meet the requirements when they come up with the particular house? Don't they have to go back to the Zoning Board again? Ms. Woodhouse: That's what the variance is. The house can fit in that envelope that is shown on the plan and it can't move so the setbacks to where the envelope starts are what the variance is for. _Southold Town Planninq Board Page Eiqht September 13, 2004 Mr. O'Brien: But, in this case, we really have two front yards. We have Truman's Path. We have Main Road. You see, I wasn't involved because I'm not adjacent property so I wasn't privy to what went on with the Zoning Board. I guess I would have to look at the records and see what was exactly approved at that point. Ms. Woodhouse: Mark is pulling that out for you right now. Bruno Semon, Sr. Site Plan Reviewer: Madame Chairman, if I could intervene? Ms. Woodhouse: Yes. Mr. Semon: Mr. O'Brien, as you know, if there is any deviation from what was approved by the Zoning Board of Appeals, they would most likely be sparked to go back to that. It would truly be a determination by a Building Department representative, possibly an Inspector. Mr. O'Brien: So, the Building Department becomes the Lead Agency now. They're going to check to see that all the variances are in place for that particular lay-out of the house. Mr. Semon: No Lead Agency; that's the wrong term. They basically review it for zoning before they write the Building Permit. There's no permit being issued. It's just approval of a lot that was approved by the Zoning Board of Appeals. At this point, once the applicant gets approval from the Planning Board, he will apply to the Building Department for a permit. The permit will include all of the zoning and, of course, if there is an issue with zoning, it's up to that department - the Building Department - to determine that it's got to go back to the ZBA. Mr. O'Brien: And the same with the septic, too, to make sure it's in conformance. Mr. Semon: That can be Health Department or the Building Department. Mr. O'Brien: What about an easement for the water line because it's coming across a private road? Even though there's a commitment from Suffolk County Water Authority, they really need an easement. Mr. Semon: That's possible. I'm not aware of it. I don't know anything about this application. Mr. Terry: The Zoning Board of Appeals' decision was issued on the width. The width of the lot was non-conforming. Mr. O'Brien: The 100 feet. O.K. Mr. Terry: Right, so that is what they received a variance upon. As far as the setbacks, they didn't receive a variance regarding setbacks. However, the lot is over-sized. The Planning Board took the initiative to restrict the building envelope to 40,000 square feet. Southold Town Plannin,q Board Paqe Nine September 13, 2004 Technically, they could have drawn a much Larger building envelope and you could have ended up with a much larger home. The setbacks, as Bruno explained regarding that envelope, the jurisdiction is within the Building Department. Mr. O'Brien: O.K. So, the only variance they have at this point is the width of the building lines. Mr. Terry: Right. Mr. O'Brien: It doesn't relate to the configuration of how the house sits on that property? Mr. Terry: Once she proposes the house and she's in front of the Building Department, then you should bring up these concerns. Mr. O'Brien: Well, that's what I'm saying. At that point, if they don't configure it properly on the property - other than the 100-foot width - the Building Department could go back and say look, you're side lot doesn't meet the setbacks. Mr. Terry: That is correct - Mr. O'Brien: So then they would have to go for another variance at that point if they insist on that configuration on that lot. Mr. Terry: If it was a house that would violate that setback. Mr. O'Brien: O.K. Mr. Terry: O.K.? Mr. O'Brien: Yes. There is no - how is that going to be entered into the record as far as the buffer. Is it going to be verbal? Is anything going to be shown on the drawing? Mr. Terry: It's written into the resolution. Mr. O'Brien: O.K. All right. I thank you. Chairperson Woodhouse: Are there any other comments from the audience on this particular hearing application? (There were none.) Are there any questions from the Board? Hearing none, I'll entertain a motion to close the hearing. Mr. Edwards: So move. Mr. Cremers: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor? Ayes: Ms. Woodhouse, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor Southoid Town Planninq Board Page Ten September 13, 2004 Chairperson Woodhouse: Opposed? The motion carries. (The public hearing was closed at 6:17 p.m.) Mr. Cremers: I'll offer the following resolution: WHEREAS, this proposal is to set off a 2.29 acre lot (1) from a 5.43 acre lot (2); and WHEREAS, a Zoning Board of Appeals Variance (Appl. No. 4981)was issued on August 16, 2001 granting relief of the minimum road frontage and lot widths for Lots 1 and 2; and WHEREAS, the Suffolk County Department of Health Services issued approval for the action on March 12, 2004; and WHEREAS, Covenants and Restrictions pertaining to the action have been filed with the Clerk of Suffolk County in Liber 12321, Page 839; and WHEREAS, the applicant establishes a vegetative buffer beginning at the western property line of Lots 1 and 2, 5 feet east, for the purpose of retaining the existing trees east of Truman's Path; and WHEREAS, the property owner of Lots 1 and 2 retain the right to trim and/or remove dead, diseased or decayed tree limbs or trees within the 5 foot vegetative buffer; therefore, be it RESOLVED, that the Southold Town Planning Board grant final approval on the maps, dated June 17, 2003. 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. Scott, John & Tuffy, Sandra (formerly Scott) - This proposal is to subdivide a 43.25 acre parcel into 2 parcels where SCTM#1000-96-5-13 equals 23.08 acres upon which Development Rights have been sold and SCTM#1000-102-2-23.4 which equals 20.16 acres, inclusive of an 11.16 acre reserve area and 9 acres upon which Developments Rights are proposed to be sold to the Town of Southold. The property is located at 31025 Main Road, Cutchogue. Is there anyone who would like to speak on behalf of the applicant? (No one was present to speak.) Is there anyone who has any comments from the audience on this Southold Town Planning Board Paqe Eleven September 13, 2004 application? (There were none.) Are there questions from the Board? Hearing none, I'll entertain a motion to close the hearing. Mr. Edwards: So move. Mr. Cremers: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor Chairperson Woodhouse: Opposed? The motion carries. (The hearing was closed at 6:19 p.m.) Mr. Caqqiano: WHEREAS, this proposed minor subdivision will subdivide a 43.25 acre parcel into 2 parcels where SCTM#1000-96-5-13 equals 23.08 acres upon which Development Rights have been sold and SCTM#1000-102-2-23.4 equals 20.16 acres, inclusive of an 11.16 acre reserve area and 9 acres upon which Developments Rights are proposed to be sold to the Town of Southold; therefore, be it RESOLVED, that the Southold Town Planning Board grant final approval on the maps, dated as last revised November 11,2003. 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: Silver Nail Vineyards - This proposed 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 & 15.2 Mr. Edwards: I'd like to entertain the following motion: BE IT RESOLVED that the Southold Town Planning Board hereby holds the public hearing for Silver Nail Vineyards open. Mr. Cremers: Second the motion. Southold Town Plannin,q Board Paqe Twelve September 13, 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. 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. I'll entertain a motion to hold this open. Mr. Edwards: 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 Temporary Moratorium on Processing, Review of, and making decisions on applications for Major Subdivisions, Minor Subdivisions and Special Use Permits containing Dwelling Units in the Town of Southold" and therefore no comment can be accepted or action can be made on this application. Mr. Cremers: Second. 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 AND SET- OFF APPLICATIONS Final Determinations: Chairperson Woodhouse: Saunders, Joan - This proposal is for a lot line modification to transfer 3,231 sq. ff. from Lot 1 (1000-125-2-3.1 ) to Lot 2 (1000-125-2-4.1 ) where Lot Southold Town Planninq Board Page Thirteen September 13, 2004 1 will equal 11,037 sq. ft. and Lot 2 will equal 23,679 sq. ft. upon completion of the transfer. The property is located on the north side of Franklinville Road in Laurel. Mr. Cremers: I'll offer the following resolution: WHEREAS, this lot line change proposes to transfer 3,231 sq. ft. from Lot 1, which is has an existing area of 14,268 sq. ft., to Lot 2 which has an existing area of 20,448 sq. ft.; and WHEREAS, following the transfer, Lot 1 will equal 11,037 sq. ft. and Lot 2 will equal 23,679 sq. ft.; and WHEREAS, the action would decrease the area of Lot 1, thereby increasing the degree of nonconformity in the HB Zoning District but providing a parking lot for Lot 2 which is being used as a restaurant; and WHEREAS, the Zoning Board of Appeals granted a 3,231 sq. ft. lot area variance on July 1,2004 for the proposed action; therefore, be it RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, do an uncoordinated review of this Unlisted Action. The Planning Board establishes itself as lead agency, and as lead agency, makes a determination of non-significance and grants a Negative Declaration. Mr. 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: BE IT FURTHER RESOLVED, that both subject parcels are in the applicant's ownership and the Southold Town Planning Board hereby waives the public hearing upon this application. 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: Southold Town Planninq Board Pa,qe Fourteen September 13, 2004 BE IT FURTHER RESOLVED, that the Southold Town Planning Board grant conditional final approval upon the map, dated as last revised June 26, 2004, subject to the following requirements: 1. The submission of a revised map which contains the zoning district; and 2. The filing of new deeds with the Clerk of Suffolk County reflecting the above action. Upon filing, please submit a copy to this office for our records. 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: Duffy, Estate of Alice G. - This proposal is to set off a .93 acre lot from an 8.15 acre parcel. In addition, a lot line change is proposed to transfer .09 acres from SCTM#1000-63-2-6 to SCTM#1000-63-2-5. Following the transfer, SCTM#1000-63-2-5 will equal .502 acres. The parcel is located on the east side of Railroad Avenue, 365.25' north of Hummel Avenue, in Southold. Due to a technicality, we're going to rescind the previous resolution and we're going to substitute this one: WHEREAS, this proposal is to set off a .93 acre improved lot from a 8.15 acre parcel; and WHEREAS, in addition, a lot line change is proposed to transfer .09 acres from SCTM# 1000-63-2-6 to SCTM#1000-63-2-5 and, following the transfer, SCTM#1000-63-2-5 will equal .502 acres; and WHEREAS, the Town of Southold is in contract to purchase Development Rights on 7.13 acres of the 8.15 acre parcel; therefore be it RESOLVED, that due to a delay of the submission of additional plats approved by the Suffolk County Department of Health, the required time frame to file the resolution with the Town Clerk has expired and therefore, the Southold Town Planning Board rescinds the August 9, 2004 resolution. Mr. Cremers: Second the motion. Chairperson Woodhouse: Motion made and seconded. All those in favor? Southold Town Planning Board Page Fifteen September 13, 2004 Ayes: Ms. Woodhouse, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor Chairperson Woodhouse: Opposed? The motion carries. BE IT FURTHER RESOLVED, that the applicant has submitted the required additional plats and, therefore, the Southold Town Planning Board grants final approval on the plat, dated as last revised January 27, 2004, and authorizes the Chairperson to sign the plats. 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. Setting of Preliminary Hearings: Chairperson Woodhouse: Ore.qon LLC/Morell LLC - This proposal is to subdivide a 52.91 acre area comprised on SCTM#1000-83-2-11.5 and SCTM#1000-83-2-12 into 7 lots where Lot 1 equals 80,143 sq. ft., Lot 2 equals 84,221 sq. ft., Lot 3 equals 80,195 sq. ft., Lot 4 equals 1,269,413 sq. ft. which includes 1,229,393 sq. ft. proposed for Development Rights Sale to the County of Suffolk and a 40,020 sq. ft. building envelope, Lot 5 equals 80,112 sq. ft., Lot 6 equals 80,698 sq. ft. and Lot 7 equals 530,275 sq. ft. and is proposed for a Development Rights Sale to the County of Suffolk. The property is located n/o Oregon Rd., at the terminus of Cox's La. in Cutchogue. SCTM#s1000-83-2-11.5 & 1000-83-2-12 Mr. Caqqiano: WHEREAS, the proposed action will subdivide a 52.91 acre area inclusive of SCTM#1000-83-2-11.5 and SOTM#1000-83-2-12 into 7 lots where Lot 1 equals 80,143 sq. ft., Lot 2 equals 84,221 sq. ft., Lot 3 equals 80,195 sq. ft., Lot 4 equals 29.14 acres which includes 28.22 acres proposed for Development Rights Sale to the County of Suffolk and a 40,020 sq. ft. building envelope, Lot 5 equals 80,112 sq. ft., Lot 6 equals 80,698 sq. ft. and Lot 7 equals 12.17 acres and is proposed for Development Rights Sale to the County of Suffolk; and WHEREAS, on August 9, 2004, 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 WHEREAS, the Southold Town Planning Board granted conditional sketch plan approval on the plat last revised July 23, 2004; therefore, be it Southold Town Planninq Board Paqe Sixteen September 13, 2004 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. Caq.qiano: BE IT FURTHER RESOLVED that the Southold Town Planning Board set Monday, October 4, 2004, at 6:10 p.m. for a preliminary public hearing. 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: Elysian Field/Merlot - This proposed major subdivision is for 5 lots on 37.85 acres where Lot 1 equals 1.83 acres, Lot 2 equals 1.83 acres, Lot 3 equals 1.83 acres, Lot 4 equals 1.83 acres and Lot 5 equals 28.40 upon which a Conservation Easement was granted to the Peconic Land Trust and includes a 2.09 acre building envelope. The property is located n/o Main Road in Southold. SCTM#s1000-75-2-2 Mr. Edwards: Ill offer the following resolution: WHEREAS, this proposed major subdivision of 5 lots on 37.85 acres where Lot 1 equals 1.83 acres, Lot 2 equals 1.83 acres, Lot 3 equals 1.83 acres, Lot 4 equals 1.83 acres and Lot 5 equals 28.40 acres upon which a Conservation Easement was granted to the Peconic Land Trust and includes a 2.09 acre building envelope; and WHEREAS, on August 9, 2004, 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 Southold Town Planning Board Page Seventeen September 13, 2004 WHEREAS, the Southold Town Planning Board granted conditional sketch plan approval on the plat last revised July 23, 2004; 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 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 set Monday, October 4, 2004, at 6:05 p.m. for a preliminary public hearing. 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. Sketch Determinations: Chairperson Woodhouse: Dubner, Steven - This application proposes 5 lots on 61.497 acres where Lot 1 equals 46.897 acres, Lot 2 equals 10 acres, Lot 3 equals 1.5 acres, Lot 4 equals 1.5 acres and Lot 5 equals 1.6 acres in the A-C Zoning District. The Development Rights are proposed to be sold upon Lot 1. The property is located s/o County Road 48 and e/o Cox's Lane in Cutchogue. SCTM#1000-84-4-6.1 & 7.1 Mr. Cremers: I'll offer the following: WHEREAS, this application proposes 5 lots on 53.77 acres where Lot 1 equals 46.17 acres, Lot 2 equals 3 acres, Lot 3 equals 1.5 acres, Lot 4 equals 1.5 acres and Lot 5 equals 1.6 acres in the A-C Zoning District; and WHEREAS, the Development Rights are proposed to be sold to the Town of Southold upon 46.17 acres (Lot 1); therefore be it Southold Town Planninq Board Pa.qe Eighteen September 13, 2004 RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, begin the SEQR coordination for this Unlisted Action. 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: BE IT FURTHER RESOLVED, that the Southold Town Planning Board grant conditional sketch plan approval on the maps, dated as last revised September 5, 2003, subject to meeting the following conditions: Submission of a new application fee in the amount of $1,760.00. 2. Amend the plat to show a common driveway with an emergency turn-around accessin9 Lots 3, 4 and 5. 3. Please submit a Road and Maintenance Agreement for the common driveway. Submission of a draft Covenant and Restriction stating that the clustered open space equal to 39,621 sq. ft. is included within and apart of Lot 2. Any potential future subdivision of Lot 2 must deduct the clustered open space from the yield calculation. The Covenant and Restriction must also include the following language: "Prior to any construction activity, the project will require a General Permit for Storm-Water Run-off from Construction Activity (GP-02-01) administered by the New York State Department of Environmental Protection under the Phase I~ State Pollutant Discharge Elimination System (SPDES) Program." 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. Sketch Extensions: Southold Town Planning Board Page Nineteen September 13, 2004 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#1000-102-4-6.2) 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 Alvah's Lane, 2,056 feet n/o Main Road (NYS 25) and s/o Middle Road (CR 48) in Cutchogue. Mr. Edwards: I'll entertain the following motion: WHEREAS, this proposal will subdivide a 8.30 acre parcel, SCTM#1000-102-4-6.2, into two 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. 13 of 2003 for the proposed action; and WHEREAS, the Southold Town Planning Board granted sketch plan approval on January 12, 2004 for the proposed action conditioned on the submission of the final maps stamped approved by the Health Department; and WHEREAS, the applicant has requested a retroactive extension of time for sketch plan approval in order to obtain Health Department approval; therefore BE IT RESOLVED that the Planning Board grant a retroactive extension of sketch plan approval effective from July 12, 2004 to January 12, 2005. 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. MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES, SET-OFF APPLICATIONS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Lead Agency Coordination: Chairperson Woodhouse: Tide Group -This proposal is for 12 lots on a 29.10 acre parcel where Lot 1 equals 43,773 sq. ft.; Lot 2 equals 47,166 sq. ft.; Lot 3 equals 162,852 sq. ff.; Lot 4 equals 133,594 sq. ft.; Lot 5 equals 141,253 sq. ft.; Lot 6 equals 120,000 sq. ft.; Lot 7 equals 120,763 sq. ft.; Lot 8 equals 136,860 sq. ft.; Lot 9 equals Southold Town Planninq Board Pa,qe Twenty September 13, 2004 47,344 sq. ft.; Lot 10 equals 40,531 sq. ft.; Lot 11 equals 40,003 sq. ft.; and Lot 12 equals 41,888 sq. ft. in the LI and LIO Zoning Districts. The property is located on the n/e corner of CR 48 and Depot Lane in Cutchogue. SCTM#1000-96-1-1 Mr. Ca,q,qiano: WHEREAS, this proposal is for 12 lots on a 29.10 acre parcel where Lot 1 equals 43,773 sq. ft.; Lot 2 equals 47,166 sq. ft.; Lot 3 equals 162,852 sq. ft.; Lot 4 equals 133,594 sq. ft.; Lot 5 equals 141,253 sq. ft.; Lot 6 equals 120,000 sq. ft.; Lot 7 equals 120,763 sq. ft.; Lot 8 equals 136,860 sq. ft.; Lot 9 equals 47,344 sq. ft.; Lot 10 equals 40,531 sq. ft.; Lot 11 equals 40,003 sq. ft.; and Lot 12 equals 41,888 sq. ft. in the LI and LIO Zoning Districts; and WHEREAS, pursuant to a change of zone on the south portion of the property from LIO to LI, the applicant amended the application which received conditional final approval March 18, 1996; and WHEREAS, the Planning Board is requiring that the applicant file an amended SEQR Long Form for the amended application; be it therefore RESOLVED, that the Southold Town Planning Board start the SEQR lead agency coordination process for this Type I 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. SITE PLANS Set Hearings: Chairperson Woodhouse: Cutcho.que Harbor Marina - This proposed site plan is for an existing marina to include 18,029 sq. ft. of existing buildings, 120 existing boat slips, 92 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 west side of West Creek Avenue, in Cutchogue. SCTM#1000-110-1-12 Mr. Cremers: I'll offer the following resolution: RESOLVED that the Southold Town Planning Board set Monday, October 4, 2004, at 6:00 p.m. for a final public hearing on the maps, dated as last revised August 27, 2004. Southold Town Planninq Board Paqe Twenty-One ' September 13, 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. SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Determinations: Chairperson Woodhouse: Bedell Cellars - This amended site plan is for expansion and addition of 4,602 sq. ft. to an existing winery on a 49.32 acre parcel in the A-C Zone located on the n/s/o NYS Route 25, approximately 566' e/o Bridge Lane on NYS Route 25, known as 36225 Main Road, in Cutchogue. SCTM#(s)1000-85-2-10.2,10.3 & 97-1- 25.1 Mr. Edwards: I'll offer the following resolution: WHEREAS, the applicant proposes an expansion and addition of 4,602 sq. ff, to an existing winery on a 49,32 acre parcel in the A-C Zone, located on the n/s/o NYS Route 25, approximately 566' e/o Bridge Lane on NYS Route 25, a.k.a. 36225 Main Road in Cutchogue, SCTM(s)1000-85-10.2, 10.3, and 97-1-25.1; and WHEREAS, on June 7, 2004, a formal site plan application was submitted for approval; and WHEREAS, on July 12, 2004, the Southold Town Planning Board started the lead agency coordination process on this Unlisted Action; and WHEREAS, the Planning Board has not received any comments or objections to the proposed action; therefore, be it RESOLVED that, on September 13, 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 Southold Town Planning Board Page Twenty-Two September 13, 2004 Chairperson Woodhouse: Opposed? The motion carries. OTHER Chairperson Woodhouse: The Fields at Matfituck - This action is to subdivide a 60.42 acre parcel into 27 lots where Lot 1 equals 56,641 sq. ff., Lot 2 equals 61,994 sq. ff., Lot 3 equals 100,310 sq. ff., Lot 4 equals 35,095 sq. ft., 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. ff., Lot 12 equals 51,735 sq. ft., Lot 13 equals 51,439 sq. ft., Lot equals 49,208 sq. ft., Lot 16 equals 37,239 sq. ft., Lot equals 33,135 sq. ff., Lot 19 equals 30,414 sq. ft., Lot equals 41,197 sq. ft., Lot 22 equals 31,875 sq. ft., Lot 14 equals 50,850 sq. ft., Lot 15 17 equals 30,932 sq. ff., Lot 18 20 equals 32,685 sq. ft., Lot 21 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. ff., a 23.75 acre area subject to an agricultural & open space easement and a 90,300 sq. ft. storm water easement area. The property is located n/o Bergen Avenue, Mattituck. SCTM#1000- 113-1-1.1 This is agreeing to the conditions set forth in Schedule A of the Stipulation of Settlement that we have already discussed previously. I'll entedain a resolution. Mr. Ca.q~qiano: WHEREAS, on May 30, 2001, Petitioner Kit Realty [nc. 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 Court 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; be it therefore RESOLVED, on August 14, 2004, the Planning Board agreed to the attached Stipulation of Settlement. Mr. Cremers: Second the motion. Chairperson Woodhouse: Motion made and seconded. All those in favor? Southold Town Planning Board PageTwenty-Three September 13, 2004 Aves: Ms. Woodhouse, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor Chairperson Woodhouse: Opposed? The motion carries. RESOLVED, that the Planning Board agrees to all conditions set forth in "Schedule A" of the Stipulation of Settlement. Mr. Cremers: Second the motion. Chairperson Woodhouse: Motion made and seconded. All these in favor?. Aves: Ms. Woodhouse, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor Chairperson Woodhouse: Opposed? The motion carries. APPROVAL OF PLANNING BOARD MINUTES Chairperson Woodhouse: I'd like to entertain a motion for the Board to approve the August 16, 2004 minutes. Mr. Edwards: So move. Mr. Cremers' Second. Chairperson Woodhouse: Motion made and seconded. All those in favor? Ayes: Ms. Woodhouse, Mr. Caggiano, Mr, Cremers, Mr. Edwards, Mr. Sidor Chairperson Woodhouse: Opposed? The motion carries. I'll entertain a motion to adjourn the meeting. Mr. Edwards: So move. Mr. Cremers'. Second. Chairperson Woodhouse: Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor Chairperson Woodhouse: Opposed? The motion carries. Southold Town Plannin.q Board Paqe Twenty-Four September 13, 2004 There being no further business to come before the Board, the meeting was adjourned at 6:32 p.m. Respectfully submitted, Carol Kalin Secretary oodhouse, Chairperson