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HomeMy WebLinkAboutPB-11/08/2004PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 Present were: MINUTES November 8, 2004 6:00 p.m. Jerilyn B. Woodhouse, Chairperson Richard Caggiano, Member William Cremers, Member Kenneth L. Edwards, Member Martin H. Sidor, Member Mark Terry, Senior Environmental Planner Anthony Trezza, Senior Planner Carol Kalin, Secretary SETTING OF SPECIAL PLANNING BOARD MEETING Chairperson Woodhouse: Good evening and welcome to the November 8th meeting of the Southold Town Planning Board. The first order of business is for the Board to set Monday, November 22, 2004 at 4:30 p.m. at the Southold Town Hall, Main Road, Southold, as the time and place for a Special 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. SETTING OF THE NEXT PLANNING BOARD MEETING Southold Town Planninq Board Pa.qe Two November 8, 2004 Chairperson Woodhouse: The second order of business is for the Board to set Monday, December 13, 2004 at 5:00 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. Let me just note for the public that this is a change from our usual 6:00 time. It will be 5:00 for that meeting. PUBLIC HEARINGS Chairperson Woodhouse: 6:00 p.m. - Harbes, Edward III - This proposal is to subdivide a 42.37 acre parcel into two lots where Lot 1 is equal to 15.61 acres, inclusive of a 7.52 acre building envelope, and 8.08 acres of which Development Rights will be sold to the Town of Southold; Lot 2 equals 26.76 acres, inclusive of a 2.85 acre building envelope, and 22.46 acres of which Development Rights will be sold to the Town of Southold. The property is located n/o Sound Avenue, 2,174 feet w/o Bergen Avenue, in Mattituck. SCTM#1000-112-1-7 Is there anyone here who would like to speak on behalf of this action? Nobody? O.K. Marian, you don't want to say anything? Marian Sumner, Peconic Land Trust: I just want to say we obviously support this. The property has already been protected by a Sale of Development Rights to the Town with the exception of the two development areas. This is a wonderful project. As you know, what Mr. Harbes has done in the past is to protect land and use those funds to buy other land to protect and, as you know, that's what he did with this. It's a great project and he'll continue to do more. Thank you very much. Ms. Woodhouse: I'll entertain a motion to close the hearing. Mr. Edwards: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor Southold Town Plannin,q Board Pa.qe Three November 8, 2004 Chairperson Woodhouse: Opposed? The motion carries. Would you offer a resolution, please? Mr. Edwards: I'd like to offer the following resolution: WHEREAS, this proposal is to subdivide a 42.37 acre parcel into two lots where Lot 1 is equal to 15.61 acres, inclusive of a 7.52 acre building envelope and 8.08 acres of which Development Rights have been sold to the Town of Southold; and Lot 2 equals 26.76 acres, inclusive of a 2.85 acre building envelope and 22.46 acres of which Development Rights have been sold to the Town of Southold; and WHEREAS, the Planning Board classifies this subdivision as a conservation subdivision pursuant to Chapter A106; and WHEREAS, the Southold Town Planning Board granted sketch plan approval on the maps dated, as revised, March 16, 2004; and WHEREAS, pursuant to Chapter A106, Section A106-18, the preliminary plat review is hereby waived for this conservation subdivision; and WHEREAS, pursuant to Chapter A106, Section A106-60, the Park and Playground Fee for conservation subdivisions has been reduced to $3,500.00 per buildable lot not improved with an existing single family residence; and WHEREAS, the Suffolk County Department of Health issued an exemption stamp on August 27, 2004; and WHEREAS, on October 6, 2004, the Mattituck Fire District issued a recommendation to require an electric fire well to be installed s/o Pole #2 w/o the right-of-way; therefore, be it RESOLVED, that the Southoid Town Planning Board grant conditional final approval on the maps, last revised September 8, 2004 subject to the fulfillment of the following conditions. 1. Submit a Park and Playground Fee in the amount of $3,500.00. The plat upon which the Planning Board granted sketch approval, dated March 16, 2004, and the plat that received an exemption from the Suffolk County Department of Health differ. The plat signed by the Suffolk County Department of Health does not show the 2.85-acre building envelope as proposed previously for Lot 2. Please amend the final map to show the 2.85- acre building envelope. To satisfy the Mattituck Fire District's request for an electric fire well, the Planning Board is requiring that the applicant install the fire well prior to final approval or file a covenant and restriction mandating that, prior to the Southold Town Plannin.q Board Paqe Four November 8, 2004 issuance of a building permit upon Lot 1, the specified fire well will be installed. The Planning Board is also requiring that following the installation of the fire well, that the operation is verified, in writing, by the Mattituck Fire District and submitted to this office. Following approval of the covenant and restriction by the Planning Board, the document must be filed with the Office of the Suffolk County Clerk and, upon filing, the Liber and Page Number recorded upon the plat. 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. Thank you. Hearings Held Over From Previous Meetings: Chairperson Woodhouse: Ore.qon LLC/Morell LLC - The proposed action will subdivide a 52.91 acre parcel, inclusive of 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 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 a Development Rights Sale to the County of Suffolk. The property is located on the n/e corner of Dignan's Road and Oregon Road in Cutchogue. Is there anyone who would like to speak on behalf of this application? When you come up, would you please state your name so that we have it for the record, please. Patricia Moore, Esq., 51020 Main Road, Southold: I'm the attorney for the applicant. We have been in touch with Mr. Zuhoski who is the owner of the under-lying land and we approached him with respect to the road that was a request of the property owners that are northwest of this property - we did approach Mr. Zuhoski. He is not interested in expanding the use of his road and that, essentially, is his decision to make. So, at this point, we'd ask the Board to close the hearing and make a decision. As the Board knows, this is a conservation subdivision. Under your previous regulations wi~ich are more restrictive - the previous regulations are more restrictive than the current regulations so, with respect to open space, you've got 75% Developments Rights and preservation of agriculture which has been the policy stated by the Town Board, adopted by regulation, policies expressed by this Board so it's consistent with this Board's and the Town's policies, particularly on Oregon Road. So, we'd ask, at this point, that the Board make a decision. Thank you. Chairperson Woodhouse: Is there anyone else who would like to speak on this application? Southold Town Planninq Board PaRe Five November 8, 2004 Nancy Butkus, Diqnan's Road: I'm a neighbor of Mr. Corso's. I know that David Zuhoski has decided he doesn't really want to get involved with using his road as the driveway for the new development but we're still very concerned about our dirt road in terms of drainage and maintenance and also where the proposed read would go in terms of just being sort of a visual blight right next to our read. We're still concerned about the lot that's right on Oregon Road that all the land to the north of it, to the west of it, to the east of it will be preserved and there will be a house smack on the road which will really, as far as the open space that we're all working so hard to create, you know, there would be a house smack in front of you so we're not quite sure the wisdom of allowing that house to go there either. Those are our concerns at this point. Mr. Woodhouse: Thank you. Is there anyone else who would like to speak on behalf of this application? Yes? William Killen, Di.qnan's Road: My objection to this plan is the location of the road and the location of the house at the end of the road - the location of the new road and the location of the house at the end of the road. I'm also very concerned about drainage. I'm here all year round. I know how tough it is over there during the wintertime. I object to the design as it now stands. Ms. Woodhouse: Is there anyone else who would like to address the Board on this application? Tim Steele: I was here last time. I'd like to reiterate that I still object to the number of lots and the location of the lots. I also object to the size of the lots. I don't think they need to be so big. I don't think we need to evaporate from usage in the future of all the farm and agricultural land that they're taking up. I think we have to look at the whole picture, not only this particular section of Oregon Road. We have to look at the entire Oregon Road as it relates to the future of this community. Right within the borders of my property, which to the west would be Mr. Corso and to the north would be Mr. Corso, to the east is Mr. Manzi - I believe there's a possibility of 13 additional houses all in that one little concentrated area taking up farmland. Some things to think about would be possibly the lots should be clustered down to approximately 40,000 square feet, particularly the two eastern most lots which project further southward into the good farmland. Possibly a covenant should be required to prohibit access over my driveway as there are already seven or eight potential parcels using my roadway as well as Mr. Corso's business vehicles which are at times upwards of a few hundred when he has his business parties or whatever. Also, covenants should be required to prohibit development which would permit or cause drainage from that property on to my property which currently exists to the extreme. This is another argument in favor of reducing the size of the easterly lots as once developed, i.e. the larger the lots, the more land is going to be taken up with asphalt or whatever and there's going to be more run-off. Possibly a covenant should be required to require screening along boundary lines of lots to help maintain a rural atmosphere and minimize the impact of buildings. The Planning Board should insure that Mr. Corso sends required notice of right to farm to purchasers of the property. Perhaps disclosures of that section of the Southold Town Code should be included in the covenants of each lot. Southold Town Planning Board Page Six November 8, 2004 I think over the years the Town has made an admirable effort to preserve the farmland but, in effect, a number of those lots have been preserved but nothing has been done to preserve farming of them. I think the most obvious example is on the west end of Mattituck where you have Farm Veu Estates. I'm not sure of the acreage there but it was maybe a hundred acres and they preserved forty or sixty acres of that parcel for agriculture and then it's been laying fallow for twenty years. I think we need to go beyond just saying o.k., it's great to preserve 75% of this area for farm. We have to ensure the usage of it in agriculture, not for just open space or vistas or whatever. I have another farm that is two farms to the east of me that, at this point, there may be a subdivision application in on it or not - I'm not sure - but that hasn't been farmed for thirty years either and it's all grown up into bayberry and ...(inaudible) and the like. So, what is the open vista there? I think we need to take all these things into account. I would like to see a reduction in the number of lots given to this applicant and a reduction in the size of each lot. And the drainage is a huge issue for me. I've had the Southold Fire Department - sorry, Cutchogue Fire Department - to my house a number of times pumping out eighteen inches of water out of my basement. Like I said, last time this was refused by the applicant to deal with. I've been left on my own to deal with it. So, that's it. Thank you. Pauletta Brooks: Good evening. I just generally have the same objections as the previous speakers. I object to the placement of the road and the design, how it butts up and parallels to our dirt road which we try very hard to maintain as a country dirt road. I'm afraid of the run-off, the traffic, the amount of people that will now be using both roads because it's just there and convenient. I object to the fact that the building lots are set such that they're set back off Oregon Road yet, the reality is, that they will be seen from Oregon Road so it will probably appear, for anybody driving down Oregon Road, to have six or seven mansions or whatever they are going to build there with just huge front yards that extend over to Oregon Road. This is not, in my perspective, utilizing the 75% preservation for agricultural land. I object in general to the amount of building that's just going on in Cutchogue. I think that, like many of us, we moved out here and especially I spent a long time looking for property on Oregon Road because of the nature of the road itself and I think that any building projects that go on to this extent and all of the subdivisions that are going on, especially on Oregon Road, basically ruin the historic and agricultural nature of that particular section of Cutchogue and I find that quite disturbing and upsetting. I know that you're working hard to preserve some of the agricultural and allow people to build and, yes, people do have a right to build but I think that there has to be some kind of moratorium on it. It's frightening. Chairperson Woodhouse: Is there anyone else who would like to talk on this application? Are there any questions from the Board? I did have a question - perhaps, Ms. Moore, you could address the issue - there has been some question raised about the proposed building lot on Oregon Road in terms of drainage and that Iow spot and, actually, the map that I saw just blocks out that square for a reserved potential building. Could you discuss anything about that particular piece of property, the potential use of it, the citing of it there as opposed to elsewhere? Southold Town Planninq Board Page Seven November 8, 2004 Patricia Moore, Esq.: Yes. At the time that this was originally designed, there was actually a recognition that, along Oregon Road, you do have farmhouses. That's the standard way that the farming community along Oregon was developed. We have across the street some beautiful homes that are situated and look like farmhouses to a farm. That's precisely what we have here. We have 28 acres that one acre of which is - I don't know if I've stated it correctly but a large tract with one acre of it which will allow for a building envelope but the rest will be part of the farm land and there is an intention to farm it. It had been farmed previously prior to this application being submitted. Not knowing the timing of the application, there is an intention by the owner to continue to farm it or to lease it for farming or to develop it himself in some type of agricultural use. So, the whole design of that farmhouse location is to look like a standard farm and, when fields are planted, you will see from Oregon Road the same field that you see all along Oregon Road and that will create also a buffer so you won't see the homes towards the back end. So, there was a real thought process in where to place these homes. Many of them were pushed to the back so we didn't interfere with the prime agricultural land and the continuation of agriculture that's all along the road. There is a certain number of homes that are permissible. We developed only 25% - or a little bit actually under 25% because of the rounding numbers. You dropped some acreage off so we're actually below the strict 25% development potential and it made sense, rather than trying to squeeze one more house or push it out towards the north end, it made sense to place that building envelope, as I said, along Oregon Road where it will look like or be like every other farmhouse there as part of the larger tract. So, there was some thought process in where these homes would be placed, that being one that seemed logical to place there. The choice was obviously where the owner owns the property would have been in that corner where the road is and, therefore, less impact than if you were to put it in the center of the two Oregon and Morell properties, right in the center along Oregon Road, or along right in front of Mr. Steele's road on the other end. So, there was some thought process - it was going to go one of those three places and it made sense to place it where the road entrance was planned so that you would have common access for that home as well as the other homes. So, there was a lot of thought that went through prior to the design of this plan. I hope that answers it to your satisfaction. Ms. Woodhouse: That answered my question about that. Any other questions? Nancy Butkus: As far as I know, the only house that has gone up on Oregon Road in the last five years in no way could you characterize it as a period farmhouse. It's a house that's set on a diagonal with an above-ground pool with a kind of a stone surround. It is an eyesore. It has upset, I think, every homeowner on Oregon Road. It has destroyed that little stretch of what is all period farmhouses. As far as I know, there is no guarantee we're going to get a little lovely period farmhouse on that lot unless suddenly we have some incredible architectural covenants which I certainly haven't heard them discuss. I think also, secondly, it speaks volumes to us that the lot is placed where we are and not placed where Mr. Corso's road is to his house. You know, it could easily go over there but I think that he is, as we are, disturbed by what will be the sight of a house right Southold Town Planning Board Paqe Eight November 8, 2004 as you look down the drive to your own home. I think, if he wants a house there, maybe he should think about putting it back over near his driveway. That's all. Chairperson Woodhouse: Is there anyone else? That would be by Mr. Steele's driveway, as I understand it. Correct? Ms. Moore: Yes. Ms. Woodhouse: So, I don't know that Mr. Steele would agree with you. Ms. Moore: No. Pauletta Brooks: Again, I just want to reiterate that, without any architectural oversight - I just want to comment on Ms. Moore's statement that I believe they did put thought into how the development was going to be but, as there is no real architectural oversight and one cannot guarantee how one will landscape these properties, there is really no guarantee that they won't just be clear cutting straight through and we'll see six houses or seven, as the case may be, versus as she describes it, which is that the houses will be set back and hidden behind a buffer zone so that, when you do travel up and down Oregon Road, all you see is a frontage of farmland which may or may not get farmed and then, towards the back, there may be rows of trees with houses that you don't see. As there is no guarantee, I think that's part of what the objection is, that one cannot really guarantee how this will - the outcome of it. William Killen: My really serious concern is being able to get in and out of Dignan's Road in the wintertime when it floods at that end, when the drainage - the drainage is really not great today when we deal with it but we talked about being concerned about guarantees - I don't think there's any guarantee that the road that I live on will be accessible at all times in bad weather, even if I have to have it plowed with new building. I'm very concerned about that because, if I can't get out, obviously that's a big problem and I've seen that road over the past six years flood at the end almost every winter and be very challenging - not just at the end, but as you go further back into where the residences are all located. It's a serious problem so the impact of building those houses - particularly the one on the end - the impact of the new road parallel to and very close to our road and the run-off from that road is, I think, a very reasonable concern. I haven't heard any answers to that and I hope that you'll consider that issue as you consider this proposal. Ms. Woodhouse: Thank you. Mark, have we looked at that issue? Is there something you can comment on about that and, in general, about the drainage? Mark Terry, Sr. Environmental Planner: Yes. Their concerns about the drainage into that particular spot are valid. It is a drainage area and, right now, it's the lowest area on the map as far as topography goes. It starts at 64 up on the north section and there seems to be a swale at 54 that continues down just to the north of this development area which is at 55 NGVD. In fact, one of the higher areas is next to the Corso right-of- way at this point on the other side of the parcel. My question to Pat would be why, when Southold Town Planning Board Paqe Nine November 8, 2004 you had to eliminate a development area, why did you eliminate the development area on the higher ground rather than the development area down in the corner?. Patricia Moore, Esq.: I'm not sure if I understand your question. There was one lot that had been proposed towards the north end behind Lot 1. That was where it was originally proposed. If you remember- Mr. Terry: There were two development areas shown in the beginning down near Oregon Road. Ms. Moore: Yes, there was more than that. There was a lot over on the right, I think, by the Corso-Steele access. Then there was the development area we've kept and then there was another one up on the north end, just south of Lot 1. Mr. Terry: I was talking about the development area that's in the south, adjacent to Oregon Road. There were two 40,000 square foot development areas adjacent to Oregon Road. Ms. Moore: I think the numbers didn't allow for that extra one. Mr. Terry: Right. Why did you eliminate the other one rather than the one - Ms. Moore: Actually it was pretty simple. The access - we would not be able to access that lot through the right-of-way, the Steele-Corso right-of-way. We would have needed a road curb cut directly on to Oregon Road. The alternative was to keep the development area that we've proposed which would allow for a common access over the common drive that is controlled by Corso, by Morell and Oregon. So, it would make sense as to the two, it was our analysis that rather than have a lot that would need curb cut on to Oregon and we had to eliminate one of them by the numbers because, as we said, it was very close as far as percentages. You know, .05% more, we would have had one more lot. We chose to eliminate that one rather than the one that is proposed. It was simply just comparing the pros and cons of both and it seemed more appropriate to have common accesses rather than curb cuts on Oregon. Otherwise, we'd be arguing with Mr. Steele or some of the other property owners about the fact that we have another driveway on Oregon Road. We tried to address some of the problems anticipated. Mr. Terry: The second question would be how do you propose to mitigate the potential run-off entering that corner to that development area as well as the right-of-way? Ms. Moore: The Town has certain engineering road specifications. You know as well as I do that our road is going to have both Town specifications - Mr. Terry: Your road will have drainage - - Inaudible simultaneous conversation between Ms. Moore & Mr. Terry- Southold Town Planning Board Pa.qe Ten November 8, 2004 Ms. Moore: Drainage - the other road, yes. Mr. Terry: But you still have sheet flow off the field to that corner. Ms. Moore: Well, you can control some of it through some berming along the farm acreage. I mean, proper farm practices would address many of those things at least with respect to our property that's within our control - applying proper farm practices where it's grassed areas, depending on the fields, of the agricultural use of this property. If we're putting up vineyards, then the reality with vineyards is that you tend to have a little bit of berming on the edges. You have some more buffering. If you're using row crops, you know, I'm actually speaking out of my expertise but you have Board Members that are very familiar with the different types of farm practices. So, that's how you control it. You can't change the flow of water but you can certainly control the flow of water to the extent that it's coming from our parcels. And the farm parcels that we control will, to some extent, mitigate the natural topography that's showing on this map plus the fact that we have the road and the drainage that is being designed to address some of the water. Our road will not be the problem. As you know, from Mr. Corso's road, that's probably one of the best maintained roads that Mr. Steele and Mr. Corso maintain up on Oregon Road that is not black top. I think there are some roads that have gotten into black topping but ours is still, I guess, some black top and some crushed stone. In any case, it's very well maintained. The problem that has been expressed by the neighbors with respect to Dignan's Road is the fact that that road has not been maintained. There is no agreement to put it into the condition that presumably the Planning Board had approved long ago. There has been some grading to the extent that it was necessary but it has never been brought up to a certain standard that would be today's standard. If they were to come in today and subdivide the properties that are up there on the north, I think they'd find themselves in a certain controlled situation where the road would be much more accessible, much more passable. We can only control our road and I know that, with respect to our property, it will be - those issues are addressed through your standard subdivision process. Ms. Woodhouse: Mark, I have a question for you. I know that we can ask for, that we're going to condition a Road and Drainage Plan for the right-of-way. Can we do something about drainage for that plot? Mr. Terry: The plot is required to get a Storm Water Environmental Discharge Permit from the Department of Environmental Conservation. Any disturbance over one acre is required to - Ms. Moore: Right, so you have to apply proper drainage - Mr. Terry: - do so, so she'll either covenant or she will receive a permit from them to control the run-off on the property. Ms. Woodhouse: So, we will see that information in that plan before we go to a final hearing. Southold Town Planninq Board Page Eleven November 8, 2004 Mr. Terry: That is required - Ms. Moore: That's State Law now, SPEDS requirements that any lot over an acre requires thought and certain practices on excavation and development so the day comes that the house is developed there, it's supposed to be properly protected from drainage - creating drainage problems, siltation and so on off the premises. That is now as a matter of course both State Law and the Town, the Planning Board has adopted as part of their standard conditions so it's already addressed. Ms. Woodhouse: Thank you. Mr. Terry: I guess to address the residents - go ahead. Mr. Ca.qqiano: I have a question. Can you describe the vegetative buffers that will be placed in, amongst, in front of the homes? Patricia MooreI Esq.: I don't know that we've really talked - we talked - what I was mentioning previously was that these 40 acres or more than that - 40 some acres - are going to be cultivated so all of that land will be in some form of agricultural production. It may be vineyards; it may be - McBurnie may have been the one. He had potatoes there. I don't recall what it was before - was it potatoes or - corn. Corn, o.k. I know that it had very recently - I think last year was the last season that there were rows of corn so, to whatever extent that this area is going to be kept in agriculture, that's going to be an agricultural buffer in and of itself. That's why you push the lots to the extent possible away from the road, the view, the vistas on Oregon Road. With respect to the lots, they're, for the most part, I think they are all, right now, former farm fields. So, to the extent that property owners are going to landscape - most people landscape to preserve some views but also for privacy. I see some wooded - I think Lot 3 shows as wooded but I don't recall the other ones being wooded lots. I think that they are part of the - either in agriculture or formerly in agriculture. Mr. Ca.qgiano: The reason I asked the question is one of the conditions is that there was a suggestion that there be some buffer set up to mitigate the impacts to the view shed on the specific lots where the houses are. Ms. Moore: Well, to the extent that you've got 40 acres of tilled land, that is a significant open space buffer. As far as mandating each of these property owners to landscape, then you start getting into the minutia of each lot owner's landscaping. When it's a problem, I guess you've called them to task, i.e. O'Mara - I guess there was some concern but, what happens is, a lot of the time some of the woodland becomes scrubby oak and not very healthy so they end up, I think in O'Mara's case, it was really poor quality, at least what was there after construction, and the ultimate goal by the property owner was to re-vegetate so there was some ultimate buffering. But, we really haven't talked in any detail about what type of buffering. You have farm fields - I think that the homes are going to want to look out into the farm fields just like, you know, they look out onto the farm fields. Southold Town Plannin,q Board Pa.qe Twelve November 8, 2004 Mark Terry: Eady in the process, when we were in the design process, we layed out maps on the table here during the Work Session and drew in vegetative buffers on the lots' boundaries - on each corner of each lot. We drew in trees and different things to break up the scenic view shed so you're not going to see a very large home from Oregon Road. That was written in your sketch plan approval and it also - Ms. Moore: O.K. Mark Terry: - carried through in your preliminary approval. Ms. Moore: If it's there, I just didn't recall, you know, I don't remember. Mr. Terry: Right, so I'm surprised to hear you say, you know, that corn is going to be the vegetative buffer. Ms. Moore: No, I'm saying that for most, from the road what you're going to see is the corn, you know. Mr. Terry: You have a topography range from 5 to 9 feet. Ms. Moore: You've got Lot 6 at 55 and you've got the road at 60 so it's actually a little bit on the lower topography. Mr. Terry: It dips to the land. I mean, the house is going to be two story. They're maybe going to be 35 feet high. My recollection with the Board is that you did request vegetative buffers, at least on the corners to protect the view shed from Oregon Road. Ms. Moore: If that was in there, you know, I apologize, just don't remember that design when it went to Joe Ingegno. Mr. Terry: Remember on the right-of-way', we were designing little - Ms. Moore: To be honest, no. Mr. Terry: No, o.k., well, it was in the - Ms. Moore: Are you sure it was this one? Mr. Terry: Yes, it was this one. Ms. Moore: All right. We do have a couple going. Mr. Terry: In fact, the Planning Board is requesting that on all of the subdivisions across Oregon Road. Ms. Moore: O.K. That's not a problem. We can ask Joe to put in some kind of landscaping - Southold Town Planninq Board Pa.qe Thirteen November 8, 2004 Mr. Terry: Right, realizing that your home residence may want to see the farm fields. Ms. Moore: Oh, absolutely. Mr. Terry: Right. Ms. Moore: I mean it depends on each individual. Some may want to put in huge arborvitae and not see any one and some may like the vistas. That's what they're buying. We can certainly work around - and I apologize. I really don't remember the detail on that. Mr. Terry: O.K. Ms. Moore: O.K. Mr. Caq.qiano: You wouldn't have any objection then? Ms. Moore: I'll check with my client. I can't speak on behalf of the client with respect to that but certainly if it's a reasonable - you know, you're not blocking - there's going to be certain vegetative buffers essentially for - to be able to keep the residences and the farm from getting into each other's way. The lots are large enough that that was the intention. We didn't want to make these very - in fact, the one-acre lot is the one that's going to have the most trouble because putting farm practices around the house, it gets very constrictive so that's why the lots were the size they were. Certain vegetation I don't see as a problem. Chairperson Woodhouse: I think someone else also wants to speak. Ms. Moore: Oh, I'm sorry. Ms. Woodhouse: That's o.k. William Killen, Diqnan's Road: I'd like to kind of come back to a very practical issue that's of a concern to me and that's winter. Dignan's Road, today, it butts up against this farmland. There's never been any attempt by the owner of the farm land to prevent snow drifting onto the road and it's a serious problem on the road, to the extent that I, personally, pay several thousand dollars a year to Richie McBride, who has a potato farm down Oregon Road, to use pay loaders to plow the road out so that I can have access. If you place a road in parallel to Dignan's Road and that road is plowed, where is the snow going to go? Where is the run-off going to go? What's it going to do to Dignan's Road? It's a serious issue for me. It's a dirt road and we don't own it. We have a right-of-way. There's a very practical issue - the ability of us to deal with the wintertime situation and you all know - we all live here - we've had good winters and bad winters and in the bad winters, it is not pleasant to come home, to be kind of stranded while you're waiting for a day - because sometimes it takes as much as a day to day, to clean that road out so that cars can go and get access out to all the way back to where the homes are. And I think that it's very important to define exactly what's Southold Town Planninq Board PaRe Fourteen November 8, 2004 going to be done, if you agree to the lay-out that's been planned, to protect my ability to be able to get in and out of my house during the wintertime and the ability of us to maintain that read that we're already paying to maintain and it may not be to Town specs. It's a farm read. We have it graded and sanded four times a year. It costs all of us money. As I said, it costs me thousands of dollars a year, when we have a bad winter, to keep it open. So, if you suddenly put a parallel regular read and that read gets plowed and the plowed snow melts and doesn't get carried away and dumped in the Sound, then there's a very ...(inaudible) issue there that I think needs to be addressed. We really haven't talked about that but, now that it's getting cold out, it reminds me that it may snow one of these days and, when there are houses there and new drainage and a new read a few feet away from where we have today, that's a problem. So, we'd really appreciate your consideration of that issue. Thank you. Ms. Woodhouse: Thank you. Is there anyone else who would like to speak on this application? Pauletta Brooks: I'm sorry if this sounds corny or sentimental but, the reason our read is as it is as a farm read, is because the people who live on Dignan's Road want to keep it a farm read. We all got together - even Mr. Killen who suffers through winter time and plowing - we all decided to grit our teeth and bare a bumpy dirt read because we want to maintain the country feeling of being out in Cutchogue. We do get it scraped and plowed and filled four times a year, which is not exactly as it was stated. We do maintain it. We choose to keep it a country read and we would love it if we could keep that whole area country. Ms. Woodhouse: Thank you. Tim Steele: I just have to tell you that I'm not a hydrologist but I live there and the sheer volume of water coming off of that farm in not this past February but the previous February when my basement flooded for the last time, a couple of catch basins and a little curbing around it, isn't going to cut it. I've dedicated about 2 acres of my property and 800 feet of berming, upwards of 6 feet high, just to keep the water off and away from my house. Last February of 2003, I had 18 inches of water in my basement that is approximately 1,500 square feet of floor space. That doesn't include the 2 feet of water around the outside of the entire house. All of that water came from the west because the ground was frozen. It had 3 feet of snow and packed snow and we got 4 or 5 inches of rain in a short period of time. That entire north end of that field, most likely the northern half of that field, drained through a 20 foot section towards my house. Now, that amount of water pails in comparison to the amount of water on the north end of that farm - excuse me, on the south end of that farm on Oregon Road. There you have a lake, on frozen ground situations, of upwards of 3 feet deep. So, we're not talking about a couple catch basins, you know, like we'd see on the side of a read or some vegetation. We're talking about a serious amount of water. That's it. I'm not sure whether this is the proper forum to bring up Suffolk County Water Authority but I have seen that they've been pretty active on our end of Oregon Road the last week or so. In fact, I came home yesterday from being away for a week on business Southold Town Planninq Board Pa.qe Fifteen November 8, 2004 and found that Suffolk County Water had drilled a well on the south end of my property where it borders Oregon Road. Nobody in the Town Highway Department seems to know anything about that so how do we stop this incursion of Suffolk County Water into our Town and especially into areas that don't need to be developed. This is the big problem. The other huge issue is the schools. I think the taxpayers in Mattituck and Cutchogue, in the last budget fight prior to this last vote, spoke - we don't want to spend any more money on schools. So, within 1000 feet or 1,500 feet on Oregon Road, you're potentially going to have 13 more houses, on average of 2 children per house possibly, possibly more, possibly they will be weekenders. Who is going to pay to educate those kids? At some point, the Town has to get together with the schools and figure out what we're going to do about all this. That's it. Thank you. Ms. Woodhouse: Thank you. Is there anyone else who would like to address the Board? Morris Isaac, Oregon Road: I've lived there since 1984 and I've been fighting the water since. There is no way to stop it. It just rolls down from the waterfront, all the way down to Oregon Road and it runs down like a river. That's one point. The other point is everybody, I'm sure, here knows that monstrosity that went up on Oregon Road, up on the water. Just imagine 6 more of those. I rest my point. Ms. Woodhouse: Is there anyone else? Are there any questions from the Board? We're going to first take a vote to close the hearing, hearing no other information tonight. Martin Sidor: I'd like to say something. Ms. Woodhouse: Yes? Mr. Sidor: As a land owner in this town, we were involved two to three years on trying to draft some kind of legislation to act as a compromise so that owners maintain some kind of value of their property and, at the same time, preserve a majority of the farm land. Overall, this is a good concept. You're preserving 75% of the land. It will be farmed in one way, shape or form. The problems that are brought up here are problems - this concept, I feel, is something that we're really putting a lot of faith in to. This is the beginning of what, I think, is a long line of conservation subdivisions. My desire is that this thing goes through where both sides it's a win-win situation. From what I've heard today, there's a problem with the right-of-way and the problem with the one lot on Oregon Road - if I read that correctly. Anybody want to answer me back? By the way, the gentleman in the back, the next time you want your driveway plowed out, you come and see me. It was a rough potato year and I can use the extra cash. O.K.? And I hope it's a snowy year. So, it seems to be those are the two problems. Am I reading that right? Inaudible comment from audience: ......... Mr. Sidor: I didn't hear you. i'm sorry. Southold Town Planning Board Page Sixteen November 8, 2004 Ms. Woodhouse: I'm sorry. You need to come to the microphone so we can record what you have to say. Morris isaac: I think the other problem is maybe we can do something to hide those homes so we don't have to look at them. It's o.k. to save the farmland but save Oregon Road also. Ms. Woodhouse: I think we share that concern and that is something we will be looking at as we go forward with this and other applications on Oregon Road. Mr. Isaac: Thank you. Ms. Woodhouse: What we're doing tonight when we close this hearing is granting conditions on the preliminary plat approval which will spell out some of the things that still need to be addressed before any final maps are prepared, to come back to us and before we can even schedule a final hearing, which will be sometime in the future. So, we're going to take a vote now to close this particular hearing and then we will discuss a resolution in terms of the preliminary plat. Ms. Moore: if you recall, a conservation subdivision is now - you're trying to do away with final hearings, provided that we provide the conditions. We're hoping to not have to do this a third time. Ms. Woodhouse: First, we're going to take a vote on closing the hearing. I'll entertain a motion to close the hearing. Richard Caq.qiano: Madame Chairman, may I say something? Ms. Woodhouse: Yes. Mr. Ca.qgiano: I would just like to re-enforce my colleague, Marty's, comments that it is a situation where you're trying to serve two masters - the rights of the property owner to develop and the rights of the rest of the town and the farmers to see open space and fields and this situation that we have here is a compromise. We get a whole bunch of land preserved as open space. In return for that, we get some houses put up at the north end that we may or may not like but, if you consider the alternative, there could have been 20 houses on that lot as a standard subdivision goes. So, if you look at what your alternatives were, I think this is a situation where, although you all may not like exactly what's going on, in the general terms of things, it's a good deal and I would support this concept on this particular project. Thank you. Mr. Edwards: I'll second your motion. Chairperson Woodhouse: Motion made and seconded. All those in favor of closing the hearing? Southold Town Plannin.q Board Pa.qe Seventeen November 8, 2004 Ayes: Ms. Woodhouse, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor Chairperson Woodhouse: Opposed? The motion carries. The hearing is officially closed. I also, before we take the next vote and discuss the resolution, would urge those of you who have concerns like this that are beyond the purview of the Planning Department, to please take those concerns directly to the Town Board, to go to the Town Board, to speak to them about your concerns about this very - I think that everybody recognizes that Oregon Road is a very unique part of the Town of Southold and it does deserve careful attention. So, would you please don't stop here with us but take it to the next step. We have a resolution about the conditional preliminary plat and I ask that Mr. Cremers please read the resolution. Mr. Cremers: WHEREAS, the proposed action will subdivide a 52.91 acre parcel, inclusive of SCTM#1000-83o2-11.5 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 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 a Development Rights Sale to the County of Suffolk; and WHEREAS, the Southold Town Planning Board granted conditional sketch plan approval by resolution, dated August 10, 2004, on the plat dated as last revised on June 30, 2004; and WHEREAS, since granting conditional sketch plan approval, the Town Board enacted a Local Law entitled "A Local Law in relation to a new Chapter A106-Subdivision of Land of the Code of the Town of Southold; and WHEREAS, the Planning Board classifies this subdivision as a Conservation Subdivision pursuant to Chapter A106; therefore be it RESOLVED, that pursuant to Chapter A106, Section A106-60 of the Town Code, the Park and Playground Fee has been reduced to $3,500.00 per buildable lot not improved with an existing single-family residence. 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 Southold Town Plannin.q Board PaRe Ei.qhteen November 8, 2004 Chairperson Woodhouse: Opposed? The motion carries. Mr. Cremers: In addition - RESOLVED, that the Southold Town Planning Board grant conditional preliminary plat approval on the map, dated as last revised June 30, 2004, subject to the following conditions: 1. Building envelopes must be shown upon the plat for all proposed lots. 2. Vegetative buffers must be shown upon the plat to mitigate development impacts to the view shed. A table listing the proposed species and specifications must also be shown on the plat. 3. Clearing calculations pursuant to Chapter A106-56 of the Town Code need to be shown for each lot on the map. 4. The location of the two (2) fire wells as required by the Cutchogue Fire District must be depicted on the plat. 5. The submission of a draft bond estimate for the improvements of the 25' wide right-of-way. 6. The submission of five copies of the draft Road and Drainage Plans for the right-of-way. 7. The submission of proposed ownership and a Road and Maintenance Agreement for the right-of-way. 8. The submission of a New York State Department of Environmental Protection SPEDS General Permit for the action or a covenant and restriction mandating the securing of the permit prior to any construction activity. Mr. Edwards: Second the motion. Chairperson Woodhouse: Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor Chairperson Woodhouse: Opposed? The motion carries. Thank you. Chairperson Woodhouse: 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, 3,612' e\o Peconic Lane, in Southold. SCTM#(s)1000- 75-2-15.1 & 15.2 Southold Town Plannin.q Board Pa.qe Nineteen November 8, 2004 Mr. Ca.q.qiano: So move. Mr. Edwards: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor? Ayes: Ms. Woodhouse, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor Chairperson Woodhouse: Opposed? The motion carries. 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-'I22-7-9. This is a property that is affected by the moratorium so we can take no action at this time. I'll entertain a resolution to hold it open. Mr. Caq.qiano: So move. Mr. Edwards: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor? Ayes: Ms. Woodhouse, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor Chairperson Woodhouse: Opposed? The motion carries. CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE- SUBDIVISIONS (Lot Line Changes) Final Determinations: Chairperson Woodhouse: F.I. Development Corpo/K. Louise N. Bo.qert - This proposed action involves a lot line change between SCTM#1000-10-6-1.10 (known as Parcel 1) and SCTM#1000-10-6-3.1 (known as Parcel 2) and, before the change, Pamel 1 is 8.28 acres and Parcel 2 is 2.23 acres and, after the change, Parcel 1 will equal 8.53 acres (which will include a portion of SCTM#1000-10-6-2.3) and Parcel 2 will equal 3.01 acres in the R-120 Zoning District. The property is located on Fishers Island, adjacent to an unnamed, unimproved FIDCO road, +/-809 ft. off East End Road. SCTM#sl000-10-6-1.9, 1.10, 2.3 & 3.1 Mr. Edwards: I'd like to offer the following resolution: Southold Town Plannin.q Board Pa.qe Twenty November 8, 2004 WHEREAS, the applicant proposes a lot line change between Parcel 1 (SCTM#1000- 10-6-1.10) and Parcel 2 (SCTM#1000-10-6-3.1) where, following the lot line change, Parcel 1 will equal 8.53 acres and Parcel 2 will equal 3.01 acres; and WHEREAS, the applicant has submitted new deeds reflecting the lot line change as required by the conditional final approval of March 9, 2004; therefore, be it RESOLVED that the Southold Town Planning Board grant final approval on the surveys, prepared by CME Associates Engineering & Land Surveying, PLLC, dated 2/21/03, and last revised 10/17/03, and authorize the Chairperson to endorse the final surveys. 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. Conditional Final Determinations: Chairperson Woodhouse: Smith, Diane A. - This proposal is for a lot line change which will transfer 23,419 sq. ft. from Lot 2 to Lot 1 where, following the transfer, Lot 1 will equal 108,684 sq. ft. and Lot 2 will equal 61,846 sq. ft. The property is located on the north side of NYS Route 25, approximately 2,700' west of Alvah's Lane in Cutchogue. SCTM#109-1-7 WHEREAS, this proposal is for a lot line change which will transfer 23,419 sq. ft. from Lot 2, which has an existing lot area of 85,265 sq. ft., to Lot 1, which has en existing lot area of 85,265 sq. ft.; and WHEREAS, following the transfer, Lot 1 will equal 108,684 sq. ft. and Lot 2 will equal 61,846 sq. ft. where 80,000 sq. ft. is the minimum area required in the R-80 Zoning District; and WHEREAS, the Zoning Board of Appeals granted a lot area variance on October 7, 2004 for the proposed action; and WHEREAS, as a condition of granting the variance, the Zoning Board of Appeals has imposed a maximum coverage restriction of 17,053 sq. ft. on Lot 1; 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. Southold Town Planninq Board Pa.qe Twenty-One November 8, 2004 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. 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. 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. BE IT FURTHER RESOLVED that the Southold Town Planning Board grant conditional final approval on the surveys, prepared by Peconic Surveyors PC, dated May 27, 2004 and last revised August 2, 2004, subject to the following conditions: 1. The filing of new deeds with the Office of the Suffolk County Clerk pertaining to the lot line change and, upon filing, submission of a copy to this office. 2. The filing of covenants and restrictions with the Office of the Suffolk County Clerk limiting coverage on Lot 1 to 1'7,053 sq. ft. The Liber and page number must be shown on the final map. 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. Setting of Final Hearings: Chairperson Woodhouse: Holly Farms - This proposal is to subdivide SCTM#1000- 120-1-1.2 into three lots where Lot 10 equals 24.2 acres, the second lot (unnumbered) is a 25.5 foot right-of-way serving Lot 9 and is equal to .43 acres and the third lot, SCTM#1000-112-1-22, equals 10.39 acres and comprises a portion of Lot 11 on the Southold Town Planninq Board Pa.qe Twenty-Two November 8, 2004 Subdivision Map of Holly Farms. The property is located n/o Sound Avenue & s/o the L.I. Sound in Mattituck. This is the KeySpan property and this is a project where this is 100% preservation component on this. Marty, would you please read that resolution? Mr. Sidor: WHEREAS, MarketSpan, a KeySpan Energy Delivery Company, did submit to the Town of Riverhead Planning Board an application for approval of a subdivision, Holly Farms, which premises are located in both Riverhead and Southold at Sound Avenue, Jamesport and Mattituck, NY; and WHEREAS, this proposal is to subdivide SCTM#1000-120-1-1.2 into three lots where Lot 10 equals 24.2 acres, the second lot (unnumbered) is a 25.5 foot right-of-way serving Lot 9 and is equal to .43 acres and the third lot, SCTM#1000-112-1-22, equals 10.39 acres and comprises a portion of Lot 11 on the Subdivision Map of Holly Farms; and WHEREAS, no development is proposed within the Town of Southold; pursuant to Chapter A106, the action is classified as a Conservation Subdivision; and WHEREAS, the Town of Southold Planning Board supports the preservation of the parcels in the Town of Southold. The subdivision and proposed conveyance of the land to the State is consistent with the Town of Southold goals for the preservation of open space and continuation of agriculture; 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. Sidor: BE IT FURTHER RESOLVED, that the Southold Town Planning Board grant sketch plan approval on the map dated as revised August 9, 2004. Mr. Cremers: Second. Southold Town Planning Board Page Twenty-Three November 8, 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. Mr. Sidor: BE IT FURTHER RESOLVED, that the Southold Town Planning Board set Monday, November 22, 2004, at 4:30 p.m. for a final public hearing on the maps, dated as revised August 9, 2004. 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. Chairperson Woodhouse: Dubner, Steven - This proposal is for a conservation subdivision to subdivide a 22.92 acre parcel into two lots where Lot 1 equals 2 acres and Lot 2 equals 20.92 acres upon which the development rights are proposed to be sold to the Town of Southold. The property is located n/o County Road 48, 855.87' w/o Bridge Lane, in Cutchogue. SCTM#1000-84-1-8 Mr. Edwards: I'll offer the following resolution: WHEREAS, this proposal is to subdivide a 22.92 acre parcel where Lot 1 equals 2 acres and Lot 2 equals 20.92 acres upon which the Development Rights are proposed to be sold to the Town of Southold; and WHEREAS, the Southold Town Planning Board granted conditional sketch plan approval on April 12, 2004 for the proposed action; and WHEREAS, the applicant has requested an extension of time in order to obtain Health Department approval and meet the conditions of sketch approval; therefore be it RESOLVED, that the Planning Board grant an extension of time for sketch plan approval effective from October 12, 2004 to April 12, 2005. Mr. Cremers: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor?. Southold Town Plannin.q Board Pa.qe Twenty-Four November 8, 2004 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, December 13, 2004, at 5:20 p.m. for a final public hearing on the maps, dated February 18, 2004 and last revised June 25, 2004. 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. Conditional Sketch Determinations: Chairperson Woodhouse: Badenchini, Lui.qi - This conservation subdivision proposes to subdivide a 32.7367 acre parcel into five lots where Lot 1 equals 2.0661 acres, Lot 2 equals 4.3662 acres inclusive of a 2.3575 acre right-of-way, Lot 3 equals 1.1822 acres, Lot 4 equals 1.2397 acres and Lot 5 equals 23.8825 acres upon which the Development Rights are proposed to be sold to the Town of Southold. The property is located on the north side of Oregon Road, 135' west of Alvah's Lane in Cutchogue. SCTM#1000-95-1-5 Mr. Caq.qiano: WHEREAS, this proposal is to subdivide a 32.73 acre parcel into 5 lots where Lot 1 equals 2.06 acres, Lot 2 equals 4.36 acres inclusive of a 2.36 acre right-of-way, Lot 3 equals 1.18 acres, Lot 4 equals 1.23 acres and Lot 5 equals 23.88 acres upon which the Development Rights are proposed to be sold to the Town of Southold; and WHEREAS, the Planning Board may not issue any final approval for the proposed action until an executed contract for the Sale of the Development Rights is submitted to this office; and WHEREAS, the proposed subdivision meets the 75 percent preserved, 75 percent density reduction conservation subdivision criteria; and WHEREAS, the Planning Board classifies this subdivision as a Clustered Conservation Subdivision pursuant to Chapter A106; therefore, be it Southold Town Pianninq Board Pa.qe Twenty-Five November 8, 2004 RESOLVED, that the Southold Town Planning Board start the SEQR lead agency coordination process for this Unlisted Action. Ms. Woodhouse: Second. 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. Ca.q.qiano: BE IT FURTHER RESOLVED, that the Southold Town Planning Board grant conditional sketch plan approval on the plat, dated & last revised on June 11,2004, subject to the following conditions which identify what is required prior to setting a public hearing; and 1. Amend the plat title to read "Clustered Conservation Subdivision of Luigi Badenchini". 2. Include the notation "Development Rights to be sold to the Town of Southold" on Lot 5. Include the notation "Subdivision open space is equal to 2.02 acres and is included within the area of Lot 5" upon the plat. 4. Submit 6 copies of the draft Road and Drainage plans for the 25-foot wide right of way and 16-foot wide stone blend road. 5. Submit a draft Road and Maintenance Agreement for the 25-foot wide right-of- way for Planning Board review. 6. Submit a draft easement agreement for the 10-foot beach easement over Parcel 2 for Planning Board review. Submit a letter to the Planning Board requesting the release of the required street trees and street lights. Street trees shall be relocated and incorporated within vegetative buffers along the southern property boundaries of Parcels 3 and 4. 8. Submit a draft covenant and restriction that includes: a) A clause indicating that subdivision open space is equal to 2.02 acres. b) The final language of the Road and Maintenance Agreement and the 10' beach easement. Southold Town Planning Board Page Twenty-Six November 8, 2004 c) A clause requiring that no structure be proposed or permitted within 100 feet from the top of bluff line without a grading plan approved by the Office of the Town Engineer a. nd the Planning Board. d) ^ clause stating that no clearing, grading or any other disturbance to vegetation other than the removal of dead trees will be permitted within 50' of the top of bluff. e) Pursuant to ^106-56 show limits of clearing upon the residential lots to mitigate impacts to the scenic view shed north of Oregon Road. The areas and allowable maintenance activities must be designated and outlined. 9. Submit a New York State Department of Environmental Protection SPEDS General Permit for the action or a covenant and restriction mandating the securing of the permit prior to any construction activity. Contact 518-402-8265 for more information. 10. Submit a determination form the New York State Department of Environmental Protection and the Town of Southold Board of Trustees for the action. 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. CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE- SUBDIVISIONS (Lot Line Changes) - STATE ENVIRONMENTAL QUALITY REVIEW ACT Determinations: Chairperson Woodhouse: Dubner, Steven - This application for a conservation subdivision 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#s1000-84-4-6.1 & 7.1 Mr. Cremers: I'll offer this: Southold Town Plannin,q Board Paqe Twenty-Seven November 8, 2004 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; and WHEREAS, the Development Rights are proposed to be sold to the Town of Southold upon 46.17 acres (Lot 1 ); and WHEREAS, the Planning Board classifies this subdivision as a Conservation Subdivision pursuant to Chapter A106; and WHEREAS, on September 13, 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; therefore be it RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR PART 617, Section 617.7, established itself as lead agency for the unlisted action and, as lead agency, grants a Negative Declaration for the proposed action. Ms. Woodhouse: Second. 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: HiRh Wind Farm - This site plan is for 22,451 sq. ft. of an existing building to be converted to a stable and riding academy with a 4,434 sq. ft. addition on a 53.8 acre parcel in the R-80 Zone located on the s/s/o NYS Route 25 at the intersection of Old Main Road and NYS Route 25 in Mattituck. SCTM#1000-122-7- 8.6 Mr. Edwards: Ill offer the following: WHEREAS, the proposed action involves a 22,451 sq. ft. existing building to be converted to a stable and riding academy with a 4,434 sq. ft. addition on a 53.8 acre parcel in the R-80 Zone located on the s/s/o NYS Route 25, at the intersection of Old Main Road and NYS Route 25, in Mattituck, SCTM#1000-122-7-8.6; and Southold Town Planning Board Paqe Twenty-Eight November 8, 2004 WHEREAS, on October 5, 2004, the Southold Town Planning Board started the lead agency coordination process on this Unlisted Action; and WHEREAS, on November 8, 2004, the Planning Board has not received any comments or objections to the proposed action; therefore, be it RESOLVED that, on November 8, 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. 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 final public hearing regarding the maps for the above-referenced site plan has been scheduled for Monday, December 13, 2004, at 5:00 p.m. at the Southold Town Hall. 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. Chairperson Woodhouse: Fishers Island Club - This amended site plan is for a new proposed tennis pavilion of 954 sq. ft. on an 11.92 acre parcel in the R-120 Zoning District located on the s/s/o East End Road on Fishers Island. SCTM#1000-4-6-9 Do you want to do another Fishers Island one? Mr. Edwards: Sure. I'll entertain the following motion: WHEREAS, the amended site plan is for a new proposed tennis pavilion of 954 sq. ft. on a 11.92 acre parcel in the R-120 Zoning District located on the s/s/o East End Road on Fishers Island, SCTM#1000-4-6-9; be it therefore Southold Town Planning Board Paqe Twenty-Nine November 8, 2004 RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act (6 NYCRR), Part 617.5 © (7), makes a determination that the proposed action is a Type II and not subject to review. 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. Mr. Edwards: BE IT FURTHER RESOLVED, that the Southold Town Planning Board set Monday, December 13, 2004, at 5:05 p.m. for a final public hearing on the maps, dated January 14, 2004 and last revised September 29, 2004. 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. Chairperson Woodhouse: Ospre¥'s Dominion - This proposed site plan is for an alteration and addition of the existing conservatory building of 1,357 sq. ft. to include a first floor addition of 1,350 sq. ft. and a new second floor storage area of 731 sq. ft. which includes a site plan change in parking from 31 spaces required to 36 spaces provided on a 4.46 acre parcel in the A-C Zone located at 44075 NYS Road 25 in Peconic. SCTM#(s)1000-75-1-20.1 & 20.2 Mr. Cremers: I'll offer the following: WHEREAS, the proposed site plan is for an alteration and addition to an existing building of 1,357 sq. ft. to include a first floor addition of 1,350 sq. ft., a new second floor storage area of 731 sq. ft. and the total building area after the renovation will be 3,145 sq. ft. which includes a site plan change in parking from 31 spaces required to 41 spaces provided on a 50.46 acre parcel in the A-C Zone located at 44075 NYS Road 25 in Peconic, SCTM#(s)1000-75-1-20.1 & 20.2; be it therefore RESOLVED, that the Southold Town Planning Board set Monday, December 13, 2004, at 5:10 p.m. for a final public hearing on the maps, dated December 17, 2003 and last revised August 31,2004. Southold Town Planninq Board Paqe Thirty November 8, 2004 Ms. Woodhouse: Second. 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: San.q Lee Farm - This amended site plan is for the construction of a 5,640 sq. ft. agricultural storage building on a 14.36 acre parcel in the A-C Zone located at25180 CR 48, approximately 781' e/o Bridge Lane, on the s/s/o CR 48, in Peconic. SCTM#(s)1000-84-5-1.2 & 1.3 Mr. Cremers: I'll offer this: WHEREAS, the amended site plan is for the construction of a 5,640 sq. ft. agricultural storage building on a 14.36 acre parcel in the A-C Zone located at 25180 CR 48, approximately 781' e/o Bridge Lane, on the s/s/o CR 48, in Peconic, SCTM#(s)1000-84- 5-1.2 & 1.3; therefore, be it RESOLVED, that the Southold Town Planning Board set Monday, December 13, 2004, at 5:15 p.m. for a final public hearing on the maps, dated July 26, 2004. 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. SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Type II Actions: Chairperson Woodhouse: N & J Mana,qement, LLC - This site plan is for a new 42,757 sq. ft. greenhouse on an 18.75 acre parcel in the R-80 Zone located 831' e/o County Road 48, on the s/s/o Westphalia Road, in Mattituck. SCTM#1000-113-13-1.2 Mr. Cremers: I'll offer the following: Southold Town Planninq Board Pa.qe Thirty-One November 8, 2004 WHEREAS, this site plan is for a new 42,757 sq. ft. greenhouse on an 18.75 acre parcel in the R-80 Zone located 831' e/o County Road 48, on the s/s/o Westphalia Road, in Mattituck, SCTM#1000-113-13-1.2; be it therefore RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act (6 NYCRR), Part 617.5 © (3), makes a determination that the proposed action is a Type II and not subject to review. Mr. Edwards: Second the motion. Chairperson Woodhouse: Motion made and seconded. All those in favor? Ayes: Ms. Woodhouse, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor Chairperson Woodhouse: Opposed? The motion carries. Chairperson Woodhouse: Island Health Proiect, Inc, - This site plan is for a new proposed home medical office including a 1,700 sq. ft. first floor doctor's office and a 1,700 sq. ft. second floor of living quarters on a 1.25 acre parcel in the R-80 Zoning District located on Central Avenue, 100' e/o Mansion House Drive, on Fishers Island. SCTM#1000-6-6-20.7 Marty, do you want to do this one? Mr. Sidor: WHEREAS, the site plan is for a new proposed home medical office including a 1,700 sq. ft. first floor doctor's office and a 1,700 sq. ft. second floor of living quarters on a 1.25 acre parcel in the R-80 Zoning District located on Central Avenue, approximately 100' e/o Mansion House Drive, on Fishers Island, SCTM#1000-8-6-20.7; be it therefore RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act (6 NYCRR), Part 617.5 © (7), makes a determination that the proposed action is a Type II and not subject to review. Mr. Cremers: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor? Ayes: Ms. Woodhouse, Mr. Caggiano, Mr. Cremers, Mr. Sidor Mr. Edwards: Madame Chairman, let the record show that I abstain because I am on the Board of Island Health Project. Chairperson Woodhouse: Opposed? The motion carries. Southold Town Piannin.q Board Page Thirty-Two November 8, 2004 Determinations: Chairperson Woodhouse: Malon~ Stanley - This site plan is for a new 18,112 sq. ft. commercial center on a 1.2356 acre pamel in the B Zone located 83.35' west of Cox's Lane, on the n/s/o NYS Route 25, also known as 32845 NYS Route 25, in Cutchogue. SCTM#1000-97-5-4.5 WHEREAS, the proposed action involves a new 18,112 sq. ft. commercial center on a 1.2356 acre parcel in the B Zone located 83.35' w/o Cox's Lane on the n/s/o NYS Route 25, known as 32845 NYS Route 25, in Cutchogue, SCTM#1000-97~5-4.5; and WHEREAS, on October 5, 2004, the Southold Town Planning Board started the lead agency coordination process on this Unlisted Action; and WHEREAS, on November 8, 2004, the Planning Board has not received any comments or objections to the proposed action; therefore, be it RESOLVED that, on November 8, 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. Chairperson Woodhouse: Motion made and seconded. All those in favor? Ayes: Ms. Woodhouse, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor Chairperson Woodhouse: Opposed? The motion carries. OTHER Chairperson Woodhouse: ReflectinR Nature Landscapin,q - This amended site plan is to construct a 2,520 ft. storage building & office in a contractor's yard on a 1.1 acre parcel in the LB Zone located 314' north of CR 48, on the east side of Cox's Neck Road, known as 260 Cox's Neck Road, in Mattituck. SCTM#1000-113-14-10 Mr. Cremers: I'll offer the following: WHEREAS, on October 27, 2003, the Southold Town Planning Board granted final approval on the surveys, dated August 29, 2002, and last revised on September 29, 2003, and authorized the Chairman to endorse this proposed site plan, to be known as the site plan for Reflecting Nature Landscaping, to construct a 2,520 square foot storage building and office on 1.1 acres in Mattituck; and Southold Town Plannin,q Board PaRe Thirty-Three November 8, 2004 WHEREAS, Paul Pawlowski is the owner of the property known and designated as Reflecting Nature Landscaping, 260 Cox's Neck Road, Mattituck, SCTM#1000-113-14- 10; and WHEREAS, the applicant submitted an amended site plan prepared by Barret, Bonaci & Van Weele, P.C., dated October 20, 2004, detailing the as built changes; and WHEREAS, the Town Engineer has reviewed the site plan for the as built changes and the Planning Board has accepted his recommendations for approval; be it therefore RESOLVED that the Southold Town Planning Board accept the site plan changes as noted on the amended site plan prepared by Barret, Bonaci & Van Weele, P.C. and dated October 20, 2004. Ms. Woodhouse: Second. Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor Chairperson Woodhouse: Opposed? The motion carries. APPROVAL OF PLANNING BOARD MINUTES Chairperson Woodhouse: Board to approve the minutes of August 9, 2004. Mr. Cremers: So move. Mr. Edwards: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor Chairperson Woodhouse: Opposed? The motion carries. Chairperson Woodhouse: Board to approve the minutes of September 13, 2004. Mr. Cremers: So move. Mr. Edwards: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor?. Southold Town Plannin.q Board PaRe Thirty-Four November 8, 2004 Ayes: Ms. Woodhouse, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor Chairperson Woodhouse: Opposed? The motion carries. Chairperson Woodhouse: Board to approve the minutes of October 4, 2004. Mr. Cremers: So move. Mr. Edwards: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor Chairperson Woodhouse: Opposed? The motion carries. I'll entertain a motion to adjourn. 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. There being no further business to come before the Board, the meeting was adjourned at 7:08 p.m. house, Chairperson Respectfully submitted, Carol Kalin Secretary RECElYE,D, ~C ! 7 2004