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HomeMy WebLinkAboutPB-12/13/2004PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOF[ON PLANNING BOARD OFFICE TOVCN 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 MINUTES December 13, 2004 5:00 p.m. Present were: Jerilyn B. Woodhouse, Chairperson Richard Caggiano, Member William Cremers, Member Kenneth L. Edwards, Member Martin H. Sidor, Member Valerie Scopaz, Town Planning Director Mark Terry, Senior Environmental Planner Anthony Trezza, Senior Planner Bruno Semon, Senior Site Plan Reviewer Victor L'Eplattenier, Planner Carol Kalin, Secretary SETTING OF THE NEXT PLANNING BOARD MEETING Chairperson Woodhouse: Welcome to the December 13th meeting of the Southold Town Planning Board. The first order of business is for the Board to set Monday, January '10, 2005 at 6:00 p.m. at the Southold Town Hall, Main Road, Southold, as the time and place for the next regular Planning Board Meeting. Mr. Cremers: So moved. Mr. Edwards: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor Chairperson Woodhouse: Opposed? The motion carries. Thank you. Southold Town Plannin.q Board Paqe Two December 13, 2004 Tonight we have a number of public hearings. There will be opportunities for the public to speak. When you want to address the Board, we ask that you please step up to the microphone, state your name and address clearly and, if you would write it down on the piece of paper that's there, it will help us in transcribing our records later on. PUBLIC HEARINGS Chairperson Woodhouse: 5:00 p.m. - High 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 Is thers anyone here who would like to speak on behalf of this application? Patricia Moore, Esq.: Good evening. I know you're all rushed because this is a very long meeting date so I'll sit down. You're familiar with the application. I'll only respond to any questions that might come up. Ms. Woodhouse: Thank you. Ms. Moore: You're welcome. Chairperson Woodhouse: Is there anyone else who would like to address the Board on this application? (No one asked to be heard.) 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 Chairperson Woodhouse: Opposed? The motion carries. The hearing is closed. (The public hearing was closed at 5:06 p.m.) Mr. Cremers: I'll offer the following resolution: WHEREAS, the applicant, Susan Lomangino, proposes the conversion of a 22,451 sq. ft. existing building to a stable and riding academy and the construction of a 4,434 sq. ft. addition on a 53.8 acre parcel in the R-80 Zone; and Southold Town Planning Board Pa.qe Three December 13, 2004 WHEREAS, Susan Lomangino is the owner of the property known as SCTM# 1000- 122-7-8.6 and the property is located on the s/s/o NYS Route 25, at the intersection of Old Main Road and NYS Route 25, in Mattituck; and WHEREAS, on May 26, 2004, a site plan application was submitted for approval; and WHEREAS, on May 28, 2004, the Suffolk County Department of Health Services approved the site plan prepared by Howard W. Young and certified by Thomas C. Wolpert, Professional Engineer, dated April 9, 2004 and last revised May 27, 2004, subject to changes of one (1) tank of 10' diameter x 4' liquid depth = 2000 gallon capacity fulfillment and the Planning Board has accepted these changes as noted; and WHEREAS, on June 15, 2004, the Architectural Review Committee reviewed and approved the architectural drawings and associated site plan materials; and the Planning Board has accepted this approval; and WHEREAS, on August 2, 2004 the Southold Town Zoning Board of Appeals granted Special Exception approval as described under Appeal #5552 with conditions and the Planning Board has accepted this approval; and WHEREAS, on August 11,2004, the Mattituck Fire District recommended no additional hydrant or wells and the Planning Board has accepted this recommendation; and WHEREAS, on September 9, 2004, the New York State Department of Transportation reviewed the site plan and assigned the case number 04-201P and indicated that no highway work permit is required; and the Planning Board has accepted this recommendation; and WHEREAS, on October 15, 2004, the Southold Town Engineering Inspector reviewed and approved the proposed drainage; and the Planning Board has accepted his recommendation; and WHEREAS, on October 15, 2004, the Southold Town Building Inspector reviewed and certified the site plan; and WHEREAS, on November 9, 2004, the Southold Town Planning Board, acting under the State Environmental Quality Review Act (6 NYCRR), Part 617.6, performed a review of this unlisted action, and as lead agency, made a determination of non- significance, and granted a Negative Declaration; and WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has received affidavits that the applicant has complied with the notification provisions; and WHEREAS, the following two items are incorporated and included in the site plan: Southold Town Planning Board Pa.qe Four December 13, 2004 1. All outdoor lighting shall be shielded so that the light source is not visible from adjacent properties and roadways. Lighting fixtures shall focus and direct the light in such a manner as to contain the light and glare within property boundaries. The lighting must meet the Town Code requirements. 2. All signs shall meet Southold Town Zoning Codes and shall be subject to approval of Southold Town Building Inspector; and WHEREAS, all the requirements of the Site Plan Regulations of the Town of Southold have been met; be it therefore RESOLVED, that the Southold Town Planning Board grant final approval on the site plan prepared and certified by Howard W. Young and certified by Thomas C. Woipert, Professional Engineer, dated April 9, 2004 and last revised September 16, 2004, and authorize the Chairperson to endorse the final site plans with the following condition and subject to a one-year review from the date of issuance of the building permit: All ground and/or building-mounted signage be submitted to the Planning Board for review prior to installation. 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: 5:05 p.m. - 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 Zone located on the s/s/o East End Road on Fishers Island. SCTM#1000-4-6-9 is there anyone who would like to address the Board on this issue? 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 is closed. (The public hearing was closed at 5:08 p.m.) Southold Town Planning Board Pa.qe Five December 13, 2004 Mr. Edwards: I'd like to offer the following resolution: WHEREAS, the applicant, Fishers Island Club, proposes a new 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: and WHEREAS, Fishers Island Development Corporation is the owner of the property known as SCTM#1000-4-6-9 and the property is located on the s/s/o East End Road on Fishers Island; and WHEREAS, on April 23, 2004, a site plan application was submitted for approval; and WHEREAS, on June 09, 2004, the Fishers Island Fire District found no fire wells are needed for this site plan and the Planning Board has accepted this recommendation; and WHEREAS, on September 7, 2004 the Southold Town Zoning Board of Appeals issued a Special Exception variance as described under Appeal Number 5553; and WHEREAS, on October 7, 2004, the Architectural Review Committee reviewed the amhitectural drawings and associated site plan materials in accordance with its recommendations of August 17, 2004 and approved them with conditions and the Planning Board has accepted the conditions; and WHEREAS, on October 15, 2004, the Southold Town Building Inspector reviewed and certified the site plan; and WHEREAS, on November 8, 2004, the Southold Town Planning Board, acting under the State Environmental Quality Review Act (6 NYCRR), Part 617.5© (7), made a determination that the proposed action is a Type II and not subject to review; and WHEREAS, on November 18, 2004, the Suffolk County Department of Health Services received a WWM-084 (5/3/04) from CME Associates Engineering, Land Surveying & Architecture, PLLC for review and approval; and WHEREAS, on December 6, 2004, the Southold Town Engineering Inspector reviewed and approved the letter regarding drainage sent by the applicant to the Suffolk County Dept. of Health Services and the Planning Board accepted his recommendation; and WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has received affidavits that the applicant has complied with the notification provisions; and WHEREAS, the following two items are incorporated and included in the site plan: Southold Town Planninq Board Pa.qe Six December 13, 2004 1. All outdoor lighting shall be shielded so that the light source is not visible from adjacent properties and roadways. Lighting fixtures shall focus and direct the light in such a manner as to contain the light and glare within property boundaries. The lighting must meet the Town Code requirements. 2. All signs shall meet Southold Town Zoning Codes and shall be subject to approval of Southold Town Building Inspector; and WHEREAS, under Southold Town Code Section 100-254 part 4.b, the Planning Board grants final approval for less than the required number of spaces for that use; the Planning Board shall have the right to review the parking requirements again if a change in use is proposed; and WHEREAS, all the requirements of the Site Plan Regulations of the Town of Southold have been met; be it therefore RESOLVED, that the Southold Town Planning Board grant conditional final approval of the site plan prepared by CME Associates Engineering, Land Surveying & Architecture, PLLC and certified by Richard H. Strouss, Professional Engineer, dated March 12, 2004 and last revised November 19, 2004, subject to fulfillment of the following requirements: 1. All ground and or building mounted signage be submitted to the Planning Board for review prior to installation. 2. Submission of 5 original site plans stamped and approved by the Suffolk County Department of Health Service. 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: 5:10 p.m. -Osprey's Dominion -This proposed amended site plan is to alter and expand an existing building of 1,357 sq. ft. to include a first floor addition of 1,350 sq. ff., a new second floor storage area of 438 sq. ft. The total building area after the renovation will be 3,145 sq. ft., which includes a site plan change in parking from 31 spaces to 41 spaces of which 24 spaces will be land banked on a 50.46 acre parcel in the A-C Zone. Is there anyone who would like to speak on behalf of this application? Hearing none, I'll entertain a motion to close the hearing. Southold Town Planninq Board Paqe Seven December 13, 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. The hearing is closed. (The public hearing was closed at 5:11 p.m.) Mr. Ca,q,qiano: I'll offer the following: WHEREAS, the applicant, Frederick Koehler, proposes to alter and expand 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 438 sq. ft. The total building area after the renovation will be 3,145 sq. ft., which includes a site plan change in parking from 31 spaces to 41 spaces of which 24 spaces will be land banked on a 50.46 acre parcel in the A-C Zone; and WHEREAS, Osprey Dominion Co. is the owner of the property known as SCTM# (s)1000-75-1-20.1 & 20.2 and the property is located at 44075 NYS Road 25 (Main Road) in Peconic; and WHEREAS, on March 18, 2004, a formal site plan application was submitted for approval; and WHEREAS, on May 10, 2004, the Southold Town Planning Board, acting under the State Environmental Quality Review Act (6 NYCRR), Part 617.5© (3), made a determination that the proposed action is a Type II and not subject to review; and WHEREAS, on July 14, 2004, the Southold Fire District found adequate fire protection for this site plan and indicated this recommendation is valid for one year and the Planning Board has accepted this recommendation; and WHEREAS, on September 17, 2004, the Southold Town Engineering Inspector reviewed and approved the proposed drainage and the Planning Board has accepted his recommendation; and WHEREAS, on October 7, 2004, the Architectural Review Committee reviewed the architectural drawings and associated site plan materials in accordance with its recommendations of April 29, 2004 and August 03, 2004, and approved them with conditions; the Planning Board has accepted the conditions and determined them to be satisfactory; and WHEREAS, on October 14, 2004, the Southold Town Building Inspector reviewed and certified the site plan; and Southold Town Planning Board Page Eight December 13, 2004 WHEREAS, on October 19, 2004, the New York State Department of Transportation reviewed the site plan and assigned the case number 04-287P and indicated no highway work permit is required and the Planning Board has accepted this recommendation; and WHEREAS, on October 22, 2004, Frederick Koehler, Jr. of Osprey Dominion requested that the Planning Board consider conditional approval pending Suffolk County Department of Health approval and the Planning Board agreed to setting the final public hearing; and WHEREAS, on November 17, 2004, the Suffolk County Department of Planning indicated they have no objections to the expansion; and WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has received affidavits that the applicant has complied with the notification provisions; and WHEREAS, the following two items are incorporated and included in the site plan: 1. All outdoor lighting shall be shielded so that the light source is not visible from adjacent properties and roadways. Lighting fixtures shall focus and direct the light in such a manner as to contain the light and glare within property boundaries. The lighting must meet the Town Code requirements. 2. All signs shall meet Southold Town Zoning Code and shall be subject to approval of Southold Town Building Inspector; and WHEREAS, all the requirements of the Site Plan Regulations of the Town of Southold have been met; be it therefore WHEREAS, under Southold Town Code Section 100-254 part 4.b, the Planning Board grants final approval for less than the required number of spaces for that use; the Planning Board shall have the right to review the parking requirements again if a change in use is proposed; therefore, be it RESOLVED, that the Southold Town Planning Board grant conditional final approval of the site plan prepared by J. Grammas Consultants and certified by Carlos E. Cala, Registered Architect, dated December 17, 2003 and last revised August 31, 2004, subject to fulfillment of the following requirements: 1. All ground and/or building-mounted signage shall be submitted to the Planning Board for review prior to installation. 2. Submission of five (5) original site plans stamped and approved by the Suffolk County Department of Health Service. Mr. Cremers: Second the motion. Southold Town Plannincl Board Pacle Nine December 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: 5:15 p.m. - 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 at 25180 CR 48, 781' e/o Bridge Lane, on the s/sic CR 48, in Peconic. SCTM#(s)1000-84-5-1.2 & 1.3 Is there someone who would like to speak on behalf of this application? Fred Lee: I'm a resident here in Southold. This agricultural building in an important improvement for my farm operation and I'm hoping for a positive outcome and approval - also to answer any questions from the Board. Ms. Woodhouse: Any questions from the Board? (There were none.) Thank you, Mr. Lee. Is there anyone else who would like to address the Board on this application? Hearing none, I'll entertain a motion to close the hearing. 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. (The public hearing was closed at 5:17 p.m.) Mr. Cremers: I'll offer the following: WHEREAS, the applicant William Kelly proposes construction of a 5,640 sq. ft. agricultural storage building on a 14.36 acre parcel in the A-C Zone; and WHEREAS, Fred and Karen Lee are the owners of the property known as SCTM#1000-84-5-1.2 & 1.3 and the property is located at 25180 CR 48, approximately 781' e/o Bridge Lane, on the s/sic CR 48, in Peconic; and WHEREAS, on August 03, 2004, an amended site plan application was submitted for approval; and Southold Town Planninq Board Pa.qe Ten December 13, 2004 WHEREAS, on October 4, 2004, the Southold Town Planning Board, acting under the State Environmental Quality Review Act (6 NYCRR), Part 617.5© (3), made a determination that the proposed action is a Type II and not subject to review; and WHEREAS, on October 07, 2004, the Architectural Review Committee reviewed the architectural drawings and associated site plan materials in accordance with its recommendations of August 17, 2004, and approved them with conditions; and the Planning Board has accepted the conditions and determined them to be satisfactory; and WHEREAS, on October 13, 2004, the Southold Fire District found adequate fire protection for this site plan and indicated this recommendation is valid for one year; and the Planning Board has accepted this recommendation; and WHEREAS, on October 14, 2004, the Southold Town Building Inspector reviewed and certified the site plan; and WHEREAS, on December 6, 2004, the Southold Town Engineering Inspector reviewed and approved the proposed drainage and the Planning Board has accepted his recommendation; and WHEREAS, on December 10, 2004, the Suffolk County Farmland Committee approved the site plan prepared by Samuels & Steelman Architects and certified by Nancy L. Steeiman, Registered Architect, dated July 23, 2004 and the Planning Board has accepted the approval; and WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has received affidavits that the applicant has complied with the notification provisions; and WHEREAS, the following two items are incorporated and included in the site plan: 1. All outdoor lighting shall be shielded so that the light source is not visible from adjacent properties and roadways. Lighting fixtures shall focus and direct the light in such a manner as to contain the light and glare within property boundaries. The lighting must meet the Town Code requirements. 2. All signs shall meet Southold Town Zoning Codes and shall be subject to approval of Southold Town Building Inspector; and WHEREAS, all the requirements of the Site Plan Regulations of the Town of Southold have been met; be it therefore RESOLVED, that the Southold Town Planning Board grant final approval on the site plan prepared by Samuels & Steelman Architects and certified by Nancy L. Steelman, Registered Architect, dated July 26, 2004, and the Drainage Plan dated October 27, 2004, and authorize the Chairperson to endorse the final site plans with the following Southold Town Planninq Board Pa.qe Eleven December 13, 2004 condition and subject to a one-year review from the date of issuance of the building permit: 1. All ground and/or building-mounted signage shall be submitted to the Planning Board for review prior to installation. 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: 5:20 p.m. - 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 Is there anyone who would like to speak on behalf of this application? Marian Sumner, Peconic Land Trust: This is a great win for the Town, another green open space. I'd like to submit a map that was just signed by the Health Department. Ms. Woodhouse: Thank you. Is there anyone else who would like to speak on behalf of this application? 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. This hearing is officially closed. (The public hearing was closed at 5:21 p.m.) Mr. Cremers: 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 Southold Town Plannin.q Board Pa.qe Twelve December 13, 2004 WHEREAS, the Southold Town Planning Board granted conditional sketch plan approval on April 12, 2004 for the proposed action; therefore, be it RESOLVED, that the Planning Board grant conditional final approval on the map, dated as last revised December 3, 2004, subject to the following conditions: 1. Comments from the Cutchogue Fire District need to be received and reviewed by the Planning Board. 2. Receipt of payment of the Park and Playground Fee in the amount of $3,500. Mr. Sidor: 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: 5:25 p.m. - Southold Floor Coverinq - This proposed site plan is for a new 7,165 sq. ft. building with 2,823 sq. ft. of warehouse, 200 sq. ft. of office, 64 sq. ft. of bathroom and 4,066 sq. ft. of retail on a 0.63 acre parcel in the B Zone located on the n/s/o County Road 48, approximately 420' e/o Youngs Avenue, known as 46255 County Road 48, in Southold, SCTM#1000-55-2-18.1 Is there anyone who would like to speak on behalf of this application? 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 public hearing was closed at 5:26 p.m.) Ken, would you read the resolution, please? Mr. Edwards: I'll offer the following resolution: WHEREAS, the applicant, Len Vaccariello, proposes a new 7,165 sq. ft. building with 2,823 sq. ft. of warehouse, 200 sq. ft. of office, 64 sq. ft. of a bathroom and 4,066 sq. ft. of retail on a 0.63 acre parcel in the B Zone; and Southold Town Planning Board Pa.qe Thirteen December 13, 2004 WHEREAS, Southold Floor Covering, Inc. is the owner of the property known as 46255 County Road 48, SCTM #1000-55-2-18.1 located on the n/sic County Road 48, approximately 420' e/o Young's Avenue in Southold; and WHEREAS, on December 4, 2003, a site plan application was submitted for approval; and WHEREAS, on May 6, 2004 the Southold Town Zoning Board of Appeals granted a variance as described under Appeal Number 5503 and the Planning Board has accepted this approval; and WHEREAS, on July 12, 2004, the Southold Town Planning Board, acting under the State Environmental Quality Review Act (6 NYCRR), Part 617.6, performed a review of this unlisted action and, as lead agency, made a determination of non-significance and granted a Negative Declaration; and WHEREAS, on July 16, 2004, the Southold Fire District found adequate fire protection for this site plan and indicated this recommendation is valid for one year; and the Planning Board has accepted this recommendation; and WHEREAS, on August 23, 2004, the Suffolk County Department of Health Services assigned the reference number C10-04-003 and approved the site plan prepared and certified by Steven L. Maresca, Professional Engineer, dated January 30, 2004 and last revised August 2, 2004, subject to all details shown and the Planning Board has accepted the approval; and WHEREAS, on October 7, 2004, the Architectural Review Committee reviewed and granted preliminary conditional approval of the architectural drawings and associated site plan materials; and on December 6, 2004 the Planning Board accepted this approval along with the information submitted on November 30, 2004 by McCarthy Management; and WHEREAS, on October 13, 2004, the Suffolk County Department of Public Works assigned the permit #48-190 for the site plan prepared and certified by Steven L. Maresca, Professional Engineer, dated March 23, 2004 and last revised August 2, 2004, subject to all details shown and the Planning Board has accepted the approval; and WHEREAS, on December 9, 2004, the Southold Town Engineering Inspector reviewed and approved the proposed drainage and the Planning Board has accepted his recommendation; and WHEREAS, on December 13, 2004, the Southold Town Building Inspector reviewed and certified the site plan; and Southoid Town Planninq Board Pa.qe Fourteen December 13, 2004 WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has received affidavits that the applicant has complied with the notification provisions; and WHEREAS, the following four items are incorporated and included in the site plan: 1) All outdoor lighting shall be shielded so that the light source is not visible from adjacent properties and roadways. Lighting fixtures shall focus and direct the light in such a manner as to contain the light and glare within property boundaries. The lighting must meet the Town Code requirements. 2) All signs shall meet Southold Town Zoning Codes and shall be subject to approval of Southold Town Building Inspector. 3) The street trees (Zelkova Serrata 2.5-3" caliber) shown on the landscape plan prepared by Natural Landscape Accents dated 9/28/04 shall be changed to Red Maple 2.5-3" caliber as offered in the letter from McCarthy Management dated November 30, 2004. 4) All roof penetrations need to be kept on the north side of the ridge line on the front structure and out of the way of the traveling public's view. In the event that it is not possible to locate a vent line in this area, the penetration material will need to be copper or lead coated copper. 5) The mechanical equipment should be located on the north or east side of the building and shall be screened from view by evergreen vegetation. 6) The three leaching pools shown in the parking area should be moved in a northerly direction to allow for the installation of two catch basins at each curb line on either side of the proposed entrance. These catch basins should then be piped into the first leaching pool. This will allow for a crown in the entrance pavement and prevent surface water flow from bypassing the drain and ultimately enter the county right-of-way; and WHEREAS, all the requirements of the Site Plan Regulations of the Town of Southold have been met; be it therefore RESOLVED, that the Southold Town Planning Board grant final approval of the site plan prepared and certified by Steven L. Maresca, Professional Engineer, dated January 30, 2004 and last revised November 8, 2004, and authorize the Chairperson to endorse the final site plans with the following condition and subject to a one-year review from the date of issuance of the building permit: · All exterior lighting shall be submitted to the Planning Board for review prior to installation. Mr. Cremers; Second. Southold Town Planning Board Paqe Fifteen December 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: 5:30 p.m. - North Fork Industrial Park - 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. The property is located on the n/e corner of CR 48 and Depot Lane in Cutchogue. SCTM#1000-96-1-1 I have a letter from Russell McCall to read into the record. It's to my attention, the Southold Town Planning Board: "The 22+ acres I own is located adjacent to the subject property (across CR 48). I request this letter to be read into the record at the meeting. I object to this proposal. The preferences for preservation and land management in the Town of Southold have changed significantly since this property evaluation came up years ago. I have concerns that the buffering will not be wide enough or dense enough, that the industrial buildings will add more employees, cars and trucks than the roads are built to accommodate, and the industrial appearance will spoil the open, agricultural atmosphere that currently exists. Please vote this application down. Sincerely, Russell C. McCall, Cutchogue resident and property owner". Is there anyone who would like to speak on behalf of the applicant? Henry Raynor: Good evening. I'm part of the Tide Group, North Fork Industrial Park. I have one more receipt that has just arrived. Ms. Woodhouse: Thank you. Mr. Raynor: The Tide Group subdivision, North Fork Industrial Park, was an idea that began in 1992 and we thought there existed, in the community, a need for business people to keep their operations here in Southold Town. The development of this 12 lot subdivision - 8 of the lots that are spoken for are all local business people. They are the ones that want to continue here and to provide a little diverse economy within the Township. I believe that the Board is cognizant that, as of to date, we have received the Suffolk County Department of Health's approval and a water availability letter from the Suffolk County Water Authority. We've completed all the SEQRA requirements and I believe the map is in compliance with all regulatory authorities. Southold Town Plannin.q Board Pa.qe Sixteen December 13, 2004 We would request three things from the Planning Board this evening. First, would be the approval of this map. The second, would be the waiver of another hearing as this is now the fourth hearing on this property where, generally, the Planning Board only holds two. And the third, being that the Chairperson be empowered to sign this map subject to the approval of an irrevocable letter of credit approved by the Town Board. On a personal note, I would really would like to have the Board cognizant of the fact that the Planning Staff, over the last several months, has done an outstanding job in helping me with this process and I personally appreciate it. Thank you. Ms. Woodhouse: Is there anyone else who would like to address the Board on this application? Marilyn Goodwin: Good evening. My husband, Jim, is also here. We own the adjacent property to this property, 7200 Depot Lane. It's eight and a quarter acres and our house is also along with the eight and a quarter acres. We also have some concerns about this. This property has been in the Goodwin Family for close to one hundred years and we do not plan to move. We first learned of this re-zoning when the farmer who leased our eight and a quarter acres, which we still actively lease to a farmer, came and told us that the property had been re-zoned and that the new owners, who had bought it from the people they were leasing from, were not letting them farm it any more. That's why, when this whole Church Lane thing happened last year, we felt a lot of empathy for those people because we were in the same situation. We had no idea what had happened to that. Our concerns are, on the preliminary work that's been done on this property, the strip mining that was done to put the initial roads in lowered their property and changed the landscape and natural flow of water on our property. What they then did was put a berm up to hold the water back on our property which causes ponding which we never had prior to this. The owner of the lot directly behind us has a local sanitation business. Currently, they are storing their containers on site. One thing we do want to definitely verify, because that is the LIO zoned lot, is that we had been told that they wanted to put a building up to bring in their containers to be able to sort out their garbage or to hold containers with garbage in it. This would definitely have a negative impact on our health and quality of life along with the early and late truck traffic, noise and odor pollution and rodents. Another local business has been using one of the other lots as a storage yard also and, until recently, operated a brush dump with numerous local landscapers coming in and out dumping their brush. It is my understanding that it's been stated that there are to be more trees planted along Route 48 so it wouldn't be unpleasant to look at since Route 48 is a designated scenic road. But we don't want to look at it either. I personally don't understand how an industrial park can get county water before a residence does. It is our understanding that preliminary and final approval are to be considered tonight with the understanding that all the recommendations can be done later. We're afraid later will never come and are against both approvals being given tonight. Thank you. Southold Town Plannin.q Board PaRe Seventeen December 13, 2004 Chairperson Woodhouse: Thank you. Is there anyone else who would like to address the Board on this application? Artie Foster: Good evening. I'm one of the potential landowners. You'll have to excuse me; I kind of lost my voice today for some strange reason. I started that project over twelve years ago and I've invested a lot of money in that project. I put the roads in, the curbs, the sump at my expense. One of those lots is some day, hopefully, going to be mine. I did that to expand my business. Each piece of property has to get an individual site plan. What happens there, after this subdivision is approved, is entirely up to the individual and the Planning Board and to speculate what is going to happen with each individual parcel is really of no issue here. I got involved with that because I wanted to expand my business, which I've since got my son involved with it, but I'm still somewhat involved. I think it's about time to put this thing to sleep. I've laid out $250,000. of my own money over the last twelve years. I've planted trees which some have died since because we didn't get the water that we were promised by a previous administration and I was carrying water down there in five hundred gallon drums trying to keep trees watered but, you know, when it got really hot and we were busy it just became something that was impossible to do. So, we have a little bit of restoration work. We're about 90% there. The asphalt pavement is paid for and I really urge the Board to approve this so that we can move on and do what we want to do. There's the landfill right next to us now and, you know, that's where the zoning was placed because that's where they wanted guys like me and I think it's time that we did something to help some of the local businesses in this town instead of kicking them in the butt and trying to get them out of town. You know, I think this Board has an obligation to support local businesses any way they can and the zoning was put in place for a reason and I strongly urge you to approve this application. Thank you. Chairperson Woodhouse: Thank you. Is there anyone else who would like to address the Board on this matter? 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 public hearing was closed at 5:42 p.m.) Are there any questions from the Board? (There were none.) Rich, would you please read the resolution? Mr. Caq.qiano: Southold Town Planning Board Pa.qe Eighteen December 13, 2004 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 on March 18, 1996; therefore, be it RESOLVED, that the Southold Town Planning Board grant preliminary approval on the maps, as revised October 26, 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. Mr. Caq.qiano: WHEREAS, this proposal is for 12 lots on a 29.10 acre pamel 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 on March 18, 1996; and WHEREAS, the Cutchogue Fire District is requiring the installation of two fire wells or with the approval of the Suffolk County Water Authority, fire hydrants, one at each end of Commerce Drive; and WHEREAS, the Suffolk County Water Authority issued a letter of water availability on June 28, 2004; and WHEREAS, the Suffolk County Department of Health Services granted approval for the action on November 12, 2004; and Southold Town Planninq Board Page Nineteen December 13, 2004 WHEREAS, the Town of Southold Trustees ruled the action outside of their jurisdiction; therefore, be it RESOLVED, that the Southold Town Planning Board adopts the Revised Bond Estimate, dated September 17, 2004, as prepared by the Office of the Town Engineer and recommends same to the Town Board. 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. Valerie Scopaz, Planning Director: I would like Mark to explain why we're doing this set of resolutions so that we can get down to the one on the final public hearing so that people understand what's going on. Mark TerryI Sr. Environmental Planner: O.K. This resolution pertains to an amended application that received conditional final approval in 1996. The applicant has re- submitted with a map change. He was then required to go back to preliminary approval and with the addition of a number of lots which we've entertained at this point forward. The preliminary approval is being granted tonight. The Planning Board has the ability to waive the final public hearing when two maps are consistent with each other, meaning the preliminary approval map and the final map. If those maps correlate with no significant changes, the Planning Board has the ability to waive the final hearing being that there's nothing to entertain because there's no change on the map. That's the reasoning. This second resolution that is being read into the record pertains to that conditional final approval. That's not final approval; it's conditional final approval. There are numerous conditions on this that the applicant has to meet to obtain final approval and that includes installing more trees, creating another buffer and you'll hear them as he reads through the resolution. So, that's the bottom line of the way this is transpiring. Ms. Woodhouse: Please continue. Mr. Caqgiano: BE IT FURTHER RESOLVED, that the applicant replace any and all street and buffer trees that have expired and guarantee the survival of replaced and newly planted trees for a period of five years from the date of the release of the performance guarantee. Mr. Cremers: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor? Southold Town Plannin.q Board PaRe Twenty December 13, 2004 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 recharge basin must be re-graded to establish the correct slopes subject to the approval of the Town Engineer. 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. Ca.q.qiano: BE IT FURTHER RESOLVED, that the Southold Town Planning Board is requiring the replanting of the undisturbed 100' buffer to replace the expired trees. A minimum of 85 balled and burlapped evergreen trees with a minimum height of 5' must be planted and, upon completion, subject to the approval of the Office of the Town Engineer. The applicant must guarantee the survival of replaced and newly planted trees for a period of five years from the date of the release of the performance guarantee. 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. Caqqiano: BE IT FURTHER RESOLVED, that the plat was amended to correct the setbacks to conform with the Code of the Town of Southold. The revised final plat is in substantial agreement with the preliminary plat approved December 13, 2004. Mr. Cremers: Second. Chairperson Woodhouse: Motion made and seconded. All those in favo~ Ayes: Ms. Woodhouse, Mr. Caggiano, Mr. Cramers, Mr. Edwards, Mr. Sidor Chairperson Woodhouse: Opposed? The motion carries. Southold Town Plannin.q Board Paqe Twenty-One December 13, 2004 Mr. Caq,qiano: BE IT FURTHER RESOLVED, that the Southold Town Planning Board waive the final public hearing pursuant to Section A106-28 of the Town of Southold Town Code. 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. Caq,qiano: BE IT FURTHER RESOLVED, that the Southold Town Planning Board grant conditional final approval on the maps, as revised December 8, 2004, subject to the following conditions. The conditions must be met within six (6) months of the resolution: 1. The submission of 8 paper and 5 mylar plats with approval from the Suffolk County Department of Health. 2. The receipt of a response from the Suffolk County Planning Commission and acceptance or rejection of the response by the Planning Board. 3. The submission of a performance guarantee in the amount of $99,000.00 as determined by the revised bond estimate dated September 17, 2004. 4. Amendment of the map dated, last revised 10/26/04, to show the following: i. Lot 4: amend the eastern side yard from 75' in width to 20' in width; label as a vegetative buffer. Amend the western side yard from 30' to 20' in width and the 30' northern side yard from 30' in width to 20' in width. ii. Lot 5, 6, 7, and 8: show a 20' vegetated buffer along the eastern property line. This area is to be planted with a double row of evergreens at a density that will accomplish a visual screen between the properties. iii. Lot 8: the rear property setback is mislabeled as a front yard; please correct. 5. Amendment of the draft Covenant and Restrictions to include the following: a. A clause pertaining to the paving of Depot Lane from County Route 48 to the northern limit of the entrance of the subdivision, Southold Town Planning Board Pa.qe Twenty-Two December 13, 2004 Amendment of the existing buffer language, Article IX Item (b), to include the 20' vegetative buffer as described above. Insert a clause mandating that the buffer must be planted with a double row of balled and burlapped evergreen trees prior to site plan approval for each affected lot. The buffer must include the pest resistant species Eastern red cedar (Juniperus virginiana), Norway Spruce (P/cea abies cultivars) and must meet a minimum height of 5', planted at 10' on center. The trees must be spaced to provide effective screening from the proposed development. All trees must be guaranteed to survive for a period of five years from the release of the bond. All restrictions on use of the buffer areas previously set forth must apply. c. Amendment of Article IX Item (b) Line 7: replace "from five years from the planting date" with "from five years from release of the bond". d. Addition of a clause mandating site plan review for all lots. e. Attachment of legal descriptions for the roadways and drainage basin as Schedule B and C for future dedication purposes. 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: 5:35 p.m. - Chris Mohr Lawncare & Landscapino - This amended site plan is for a new 2,080 sq. ft. storage building on a .907 acre parcel in the LI Zone located on the n/s/o CR 48,700' w/o Cox's Lane in Cutchogue. SCTM#1000- 96-1-20.1 Is there anyone who would like to speak on behalf of this application? Hearing no one, 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 Southold Town Planning Board Pa.qe Twenty-Three December 13, 2004 Chairperson Woodhouse: Opposed? The motion carries. (The public hearing was closed at 5:52 p.m.) Mr. Cremers: I'll offer the following: WHEREAS, the applicant, Christopher Mohr, proposes a new 2,080 sq. ft. storage building on a .907 acre parcel in the LI Zone; and WHEREAS, Christopher Mohr is the owner of the property known as SCTM#1000-96-1- 20.1 and located on the n/s/o CR 48, 700' w/o Cox's Lane in Cutchogue; and WHEREAS, on February 10, 2004, a site plan application was approved by the Southold Town Planning Board; and WHEREAS, on August 13, 2004, an amended site plan application was submitted; and WHEREAS, on September 14, 2004, the Suffolk County Department of Public Works indicated that the permit number 48-171 was issued on July 10, 2003 for the site plan and the Planning Board has accepted the approval; and WHEREAS, on October 7, 2004, the Architectural Review Committee reviewed the architectural drawings and associated site plan materials and approved them with conditions and the Planning Board has accepted the conditions; and WHEREAS, on October 25, 2004, the Cutchogue Fire District recommended no fire well is needed and the Planning Board has accepted this recommendation; and WHEREAS, on November 4, 2004 the Southold Town Zoning Board of Appeals granted a variance as described under Appeal Number 5603 and the Planning Board has accepted this approval; and WHEREAS, on December 9, 2004, the Southold Town Engineering Inpsector reviewed and approved the proposed drainage and the Planning Board has accepted his recommendation; and WHEREAS, on December 13, 2004, the Southold Town Building Inspector reviewed and certified the site plan; and WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has received affidavits that the applicant has complied with the notification provisions; and WHEREAS, the following two items are incorporated and included in the site plan: Southold Town Planninq Board Page Twenty-Four December 13, 2004 All outdoor lighting shall be shielded so that the light soume is not visible from adjacent properties and roadways. Lighting fixtures shall focus and direct the light in such a manner as to contain the light and glare within property boundaries. The lighting must meet the Town Code requirements. 2. All signs shall meet the Southold Town Zoning Code and shall be subject to approval of the Southold Town Building Inspector; and WHEREAS, all the requirements of the Site Plan Regulations of the Town of Southold have been met; be it therefore RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act (6 NYCRR), under Part 617.5 © 6, 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. Mr. Cremers: BE IT FURTHER RESOLVED that the Southold Town Planning Board grant final approval on the site plan prepared and certified by Garret A. Strang, Registered Architect, dated January 29, 2003 and last revised November 16, 2004, and authorize the Chairperson to endorse the final site plans subject to a one-year review from the date of issuance of the building permit. 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: 5:40 p.m.. N & J Management, 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 Is there someone who would like to speak on behalf of the applicant? Southold Town Planninq Board PaRe Twenty-Five December 13, 2004 Norman Keil: I own the property and I'm trying to build a greenhouse. I think I sent you a letter- we're going to put in a buffer on the east side by my neighbors, eight to nine foot arborvitae going down on the berm and, basically, that's about all I can say. I'd like to proceed with the building as quickly as possible because we're running out of time. I didn't realize it would take this long to get it done. Is there anything else you'd like me to say? Ms. Woodhouse: At this moment, no. Thank you. Is there anyone else who would like to speak on behalf of this application? Eric Keil: I'm a resident of Mattituck. I would like to speak in favor of proceeding with this project. Key to preserving farms and viable farming in Southold are the economic opportunities for agricultural businesses. If we make it too difficult for agricultural land owners to operate businesses in Southold, we will remove a key group of agricultural land investors from investing in farm land. Part of the process of preserving land and preserving farm land is preserving agricultural businesses so I would urge you to approve this plan and help to create an environment in Southold that fosters and promotes agriculture and agricultural businesses. Thank you very much. Chairperson Woodhouse: Thank you. Robert VanBour.qondien: I'm a flower grower in Peconic. I'd just like to reiterate a lot of what Eric said. Suffolk County is the leader in New York State in horticultural products and Southold is a big portion of that and I would like to see it get stronger and bigger because, if we don't, agriculture as a whole is having a tough time and horticultural products are probably at the top of the pile as far as being able to stay in business longer than most commodities and, if we lose our greenhouse operations, we basically will lose all of agriculture. Jim Ruhf: I'm a home improvement contractor. I live next to Mr. Keil. He's my neighbor. I don't know this procedure, this process. I've never been here before you before. I got a letter in the mail and there was a hearing and, you know, I'm interested in what goes on next door. The main thing I'd like to say is I just want everyone in the town to be subject to the same types of rules and regulations as I am, a home improvement contractor, as a resident. I have to get permits to put septic in, to put an addition on, so on and so forth. I don't understand - I know that the growers all get up and say this is great for the Town but I really think they should all have to follow the same rules. I know the greenhouse he's probably talking about putting up is probably one-tenth of the way erected already. Am I wrong about that Mr. Keil? The one that's there now that's been going up? Mr. Keil in Audience: ...(inaudible) Mr. Ruhf: My apologies. So, I don't know who brought about this meeting? is it Mr. Keil that has to do this to get this through? Is that how it works? Southold Town Planninq Board Pa.qe Twenty-Six December 13, 2004 Ms. Woodhouse: Yes. The applicant applies and, as part of the process, there's an opportunity for the public to review and comment on the application. It's been reviewed by the Planning Department and there are all the necessary steps that need to be taken in order to get site plan approval. Mr. Ruhf: O.K. Well, I feel foolish at the moment because, actually I have a number of things - gripes - but I have a feeling that this is not the - Ms. Woodhouse: This is your opportunity. If there is something that you would like to say - Mr. Ruhr: May I specifically address a particular item then? Ms. Woodhouse: If it relates to this, yes, you may. Mr. Ruhf: Can I face Mr. Keil? Ms. Woodhouse: You need to direct it to us - Mr. Ruhf: O.K. Ms. Woodhouse: But Mr. Keil will have an opportunity to respond if it's appropriate. Mr. Ruhf: Several months ago - perhaps even a year ago - I noticed activity on the southwest portion of his property. He put in a couple of trailers for workers to live there and I called the Town at that point and said, you know, I know he's putting septic in - actually dug to put septic in and I wonder - I don't know if he had permits for that or not actually. I called the Town to ask and they referred me to actually the Health Department - that was our Town referred me to the Suffolk County Health Department. I called them up and I got no satisfaction from that either. They put a label on as a work farm - was the label they wanted to put on it. About a month later, I got a call back saying that they found no evidence of a work farm, a work camp - whatever. But, you know, things are going on. I want to make sure the Town knows about them and I - Chairperson Woodhouse: Have you had an opportunity to look at the site plan that's proposed here? Mr. Ruhf: No. Ms. Woodhouse: It's posted in the back of the reom. Do we have a copy here? Would you mind bringing it up here to the table, please? Mr. Ruhf: Thanks. Ms. Woodhouse: Thank you, Bruno. Would you please put it on the table here and could you just briefly explain - (Mr. Sernon showed Mr. Ruhf the site plan.) Southold Town Planning Board Page Twenty-Seven December 13, 2004 Mr. Ruhf: That's all we're here for obviously. Ms. Woodhouse: That's all we're here for tonight. Mr. Ruhf: You wanted me to look at this so that I - Ms. Woodhouse: I just wanted - Mr. Ruhf: This isn't any more comprehensive than the greenhouse? Ms. Woodhouse: Correct. That's all we're reviewing tonight- the application for the construction of the greenhouse. Mr. Ruhf.' So, how would I go about finding out whether Mr. Keil is following all the great rules and regulations that the rest of us have to? What would be the process for me to find out? I mean, I tried once. And then I heard the term Farm Bureau or something like that. He didn't seem to be under the same jurisdiction because he's a grower. Is that - Chairperson Woodhouse: Is there someone who would like - Bruno? Bruno Semon: I don't think it's within my purview. My name is Bruno. I'm actually a Site Plan Reviewer. Our code enforcement is done by a number of people in the Town. It's not within this department. It would be the Director of Code Enforcement, Ed Forrester, the Town Attorney, Josh Horton who you could certainly go to and then, of course, Mike Verity, the Chief Building Inspector. I believe everything falls under the Building Inspector in that department. So, that would be my guidance but you would want to speak to - Mr. Ruhf; They've already referred me to the County. Chairperson Woodhouse: If it is the question of the septic system, that is regulated by the County. Mr. Ruhf: I would love to know actually what we're entitled to expect - Ms. Woodhouse: We will read you the full resolution. That is public information. You would be able to get a copy of it after tonight's meeting so you'll know what is being approved and then you'll be able to observe that - Mr. Ruhf: I guess I'm wasting your time then as far as ...(inaudible) because this is strictly the new steel greenhouse that we're here for. Ms. Woodhouse: Right. That's what we're here for tonight. Mr. Ruhf: And it's a learning experience for me and I appreciate your time. Ms. Woodhouse: We welcome you here. Southold Town Planning Board Page Twenty-Eight December 13, 2004 Mr. Ruhf: Thank you. Mary Ellen Ruhf: I assume I'm allowed to speak also even though we're married. My husband just spoke. Yes, we are concerned with what happens next door, obviously, because for over thirty years it was a non-functioning farm. It had been a chicken farm and had not been - for over thirty years had not been farmed and, even when it was a chicken farm, it had certain areas that were just flat land so it was hard for us to see quite a bit of it bulldozed and cleared. And it's also hard for us to see buildings being knocked down and other things going on on the property and we are in a residential area and I have nothing against farming. I have nothing against greenhouses but take into account that this is a residential area; they have deliveries coming - heavy duty eighteen wheelers coming in and delivering all kinds of products that they need in order to do the job, obviously, for things like peat moss and so on that are coming in at strange hours of the morning, sometimes during the school bus times. I have concern about the water table. We've already been through a Temic situation in our neighborhood where we have to have our water tested and so my concern is, is this going to be a sealed environment where the water is recycled? I'm not saying that I'm against having greenhouses next to me but my concern is how are you making sure all the pesticides and the fertilizers and all the things that have to go into this growing process, are not ending up in our water table because, at one point, the previous owner had tried to have this subdivided and she was rejected by the Health Department because the water table was not good for putting in a small subdivision. The previous owner had tried to put up a temporary - had asked for permission to put up a trailer so that she could live in that while her house was being renovated or another house built and she was denied. So, why do we have these different levels of agreement or disagreement? For instance, my husband did mention that he has put in mobile homes for the workers. I understand that there was a problem out here with housing. I have a daughter and granddaughter living with us because there is no housing they can afford and, obviously, that's a problem with the migrant workers that are in here as well. But, my question is, at what point do we say hey, as my husband said, you need to follow the rules the way we do. I would like to see that the water system there, if they're going to be doing growing - and they're obviously growing - that the water system is not going to impact our drinking water because I still have a well. We don't have water coming down that street yet. I'm still on a well. There are wetlands at the end of this property. Is that being addressed so that the run-off - because that entire land mass, that entire area slopes down to the water so anything that is going on eventually is going to end up down at the end there where that creek ends up hitting the end of his property. I'm concerned about the quality of my own personal life. At this point, we have eighteen acres but it seems like the property line that we're on is where they want to put a pile of dirt, the derelict motor vehicles, all of the rusting water pipes that he needs during the summer months - all the stuff that normally you need and expect from a farming operation is ending up along our property line. Arborvitae won't cut it, o.k.? Southold Town Plannin.q Board Pa.qe Twenty-Nine December 13, 2004 This is the first - honestly, we just got the notice a week ago that this process was here so I apologize that we haven't had an opportunity to look at the site plan, that we have not had the opportunity to delve in a little more and see what we're allowed and not allowed to cry uncle about. O.K. Are there things in place because I do follow in the news - I thought there was some kind of a buffer that needs to be from the read to where he starts his greenhouses. This is a residential street and so we would ask that, if you allow him to build as close as that first greenhouse is going, that there should be some kind of a buffer and not just arborvitae but something more substantial - a berm possibly with some plantings. Same thing along the property lines. He shares a property line with people down Bennett's Pond Lane that are being impacted immediately. I want to be a good neighbor but I want him to be a good neighbor too and to understand that he is bringing in a very intensive operation and once it gets the greenhouses - up until now, he's only been seasonal because he didn't have the greenhouses up. He was doing mums over the fall to carry on. I understand this because I have worked for other growers and I know the process and I'm not against the process but my concern is, please, protect us in a residential area. My request is that he be a good neighbor as much as possible as far as good berms and the buffers and those other things. And then my concern is that, right now, in our current code he would be allowed to open up a retail business and sell anything that he's growing there. So, now I have to worry about a couple of years down the road, now it's not just field mums - now we're up to the greenhouses; the next thing we're going to have is the same kind of situation that we have on Sound Avenue with the Harbes' plantings where you've got massive amounts of traffic, massive amounts of congestion. And this is not what I envisioned for my future here on this read. So, I would appreciate any consideration that you could give us and, as I said, my apologies to Mr. Keil. I'm not attacking you personally. I just want my life to be still a good quality of life out here because this is why I moved here. I want this to be a good place. Thank you. Ms. Woodhouse: I'd like to ask Valerie Scopaz, the Head of the Planning Department, to speak to some of the points that you raised and perhaps Mr. Keil would like to address some of these points. I know we have a letter from him. I could read the letter, but first, Ms. Scopaz. Vaierie Scopaz: Thank you. I just want to put some facts out and convey some information we would have shared with you if you had had the opportunity to come in before. This is fine. That's the purpose of this public meeting. I want to state first off that the application is for a wholesale greenhouse. It's not for a retail greenhouse. The applicant has made that very clear. Mary Ellen Ruhf: But doesn't he have the opportunity at a later date to change that and be allowed to sell - Ms. Scopaz: if he did that, he would have to come back in. There would have to be another public hearing. He's made it clear that he's not applying for that. O.K.? The second thing is that Southold Town has a Right to Farm Bill which, essentially, says that the Town's policy is that the agricultural industry is an important industry and that any Southold Town Planning Board Paqe Thirty December 13, 2004 property such as R-80 or A-C that's zoned may be used for agricultural purposes. So, the Town has made it very clear that they're in support of the agricultural businesses. The second point that you made was the question of the drainage and I'm going to ask Bruno Semon to pull the file and read to you the Engineering Inspector's report where they did a review of the drainage swale that you were concerned about just so that you understand what was discussed and the Planning Board reviewed it but there were some concerns about that. We will be reading - the resolution that we will be reading will talk about the thought process, the different agencies that did the review. After Bruno reads that, we'll read the letter from Mr. Keil regarding some of the issues that you raised. O.K. Bruno- Mr. Semon: Val, I have to correct you. There is nothing that was reported by our Town Engineer with respect to the swale. It was actually - the calculations were done to maintain the run-off from the new structure. There's a 42,000+ structure going up and, basically, the leaching pools, dry wells, around that structure are there to maintain the run-off from that structure. That's being contained completely with the calculations and what's shown with the new leaching pools that are going to be put in for that. They're also on that site plan. The applicant did address some of the run-off in a letter, which our Chairperson will read, that includes actually catching run-off from the property which does go down to the lower point before it hits the wetlands. Mrs. Ruhf from Audience: What about the drifting - Bruno Semon: Madame, you should speak into the microphone just so they can get that. I'm sorry. Chairperson Woodhouse: We'll ask that question when Mr. Keil gets an opportunity to speak but first I'd like to read into the record the letter that we received: "Dear Ms. Woodhouse, During the process of obtaining Planning Board approval for the above described site plan, some issues have been brought forth by my neighbors. I would like to take this opportunity to address these issues in this letter to you and to the other Planning Board Members. The clearing of farmland is one of these issues. As a farmer, this was not done by choice but rather by economic necessity, the expenditure, while considerable, was required to preserve an agricultural business as viable. The clearing could have extended from property line to property line with no regard to my neighbors. Out of concern for the existing esthetic, a vegetated buffer was left adjoining my neighbors property and along Westphalia Road. Additionally, where I have my loading and parking area, I have purchased 125 8 foot to 9 foot arborvitae to plant on top of a 500 foot berm for additional privacy for my neighbors along Bennett's Pond Lane. The arborvitae are expected to grow to a height of at least 20 feet and the berm will help contain any run-off. This work should be started and completed in the coming week. To contain run-off in the area that was cleared, a special landscape fabric has been installed on top of the ground to prevent erosion and to allow natural drainage through the porous fabric. Additionally, as the property has a natural slope to the south, a swale was incorporated in an east - west direction across the area to minimize erosion and Southold Town Plannin.q Board Pa.qe Thirty-One December 13, 2004 run-off. The construction of the new greenhouse will also mitigate erosion and run-off as all roof drains are directed to dry wells. In general, it is arguable that the land clearing and proposed construction will have an insignificant or no impact as to erosion or run-off. With regard to access to the property, there is a single driveway approximately 15 feet wide servicing the residence and the loading and parking areas. This past summer, the driveway was paved in response to a neighbors concern regarding dust from vehicles entering and leaving the property. There is no other practical location for an additional driveway nor is there any foreseeable need for one. In the future, there is the possibility of an additional 50,000 square feet of greenhouses. This should be the final stage of construction as the primary purpose of the farm is to produce outdoor crops such as hardy mums. For over thirty years I have had a very good relationship with my neighbors in Head of Harbor where I have 15 acres of farmland and greenhouses. I have maintained that relationship by being concerned and responsive to their quality of life, as in paving the driveway to eliminate dust blowing across the street on my neighbor's automobiles. My own concern, at this point, is, as a farmer, I cannot dictate when a crop must be planted. I have to follow a schedule to be ready for market. With the on-set of winter and the possibilities of further delays, I am agreeable to any reasonable solution to expedite this project. Sincerely, Norman Keil" Mr. Keil, is there something else you would like to say? I think there are a couple of questions - I saw you nodding; you might want to respond to ~ the drinking water, the trailers. What would you like to say? Norman Keil: We're an agricultural business. I do use pesticides but we do it by law, by what is deemed feasible and rightful. And I don't spread stuff around thinking the pesticides are going to go in the water. So, I'm doing everything I can. As far as fertilizing, we fertilize in the pot so there's no fertilizer run-off. I'm going to put in a buffer so my neighbor will not see anything in a few short years. I'm trying to be as reasonable as I can and, if there's something else I can address, I'll address it. Whatever they want basically. Chairperson Woodhouse: Good. I hope that's the start of a good dialogue between the two of you. There was one other question about the timing of trucks coming in and out for deliveries. Mr. Keil: I have a sign - I don't know what she's talking about because I have a sign. don't accept deliveries - if you walk over my property, you will see it. Mary Ellen Ruhf: No, I see it. It's there; he's right. Ms. Woodhouse: O.K. Southold Town Planninq Board Pa.qe Thirty-Two December 13, 2004 Mr. Keil: I can't also tell truck drivers who speak French and come from Canada when the hell to come so my neighbors are happy. I do my best. Ms. Woodhouse: O.K. Mr. Keil: I mean, there are some things that are out of my control. Ms. Woodhouse: We appreciate that. Mr. Keil: O.K. Mrs. Ruhf (from audience): Can they be - I know you have a fence there - is there a way that they can at least pull off the road and on to the property? You see, that's the problem - Chairperson Woodhouse: Excuse me - Mr. Keil: They can pull on the property but they're not supposed to be there until 8:00 in the morning. Ms. Woodhouse: Excuse me. If you want to make a comment like that, you'd have to come to the microphone and we would - otherwise it won't be recorded. Mary Ellen Ruhf: O.K. Mr. Keil: I'm very conscious of trying to - Ms. Woodhouse: We have another microphone right here. Say your name. Make your point. Mr. Keil: I'm very consc'ous of trying to eventually have a really nice place. She knows where I live in ...(inaudible). It's nice - very classy and I have two million dollar homes right around me and nobody complains so eventually that's the way it's going to look by me out here. Ms. Woodhouse: O.K. Mary Ellen Ruhf: And we appreciate that and, actually, my husband worked for him at one time and we both grew up in that area so we are very aware and I appreciate what you're trying to do. I guess my concern with the pesticides and stuff- I guess, from the greenhouses that I worked at - no, let me finish - the greenhouses themselves, now, the pot mums and stuff, I know, you can contain that to some extent. What I am concerned about is, in the greenhouses, I don't even know what kind of crops you are growing so maybe this isn't an issue. A lot of times, in some of the greenhouses I've worked at, they have wands and they're going around and they're flooding the plants with fertilizer and then that drips down into the ground and that's going into our water table. Now I know that a lot of them are requiring that the stuff that drips down has to be Southold Town Plannin.q Board Paqe Thirty-Three December 13, 2004 captured and recycled so this may not apply to you. I don't know and, if it doesn't, I apologize. But, if it does, I'd like to see something in place. Norman Keil: Well, that's something maybe down five years from now. That probably will not happen now. Eventually, when everyone has to do that, we will do that. But, as far as feeding and fertilizing, we try not to do that. We're very conscious of that. I do not want to pollute any kind of water. Mrs. Ruhf: Right, because we've already been through it. We've been through it once already. Not with you - Mr. Keii: That was not my fault though. Mrs. Ruhr: Not with you, no. Temik - potato farmers. I'm sorry. Mr. Keil: Cornell University told everyone to put Temik down, did you know that? Mary Ellen Ruhf: No, I didn't. It's Cornell's fault. Mr. Keil: The reason that was a problem was Cornell recommended to put down pre- emergence(?) Temik in April. What happened was one year it rained like hell, all the Temik went into the water and none went into the plant and that's what happened. So, anyway. Ms. Woodhouse: Thank you. Mr. Keil: I mean I'm trying to be a good neighbor; I'm trying to be a good person. Mrs. Ruhf: We appreciate that, Norman. We appreciate that. I'm just asking that we make sure everybody is on the same page. This is the first I've heard about the berm so I appreciate that and I thank you for that because I'm saying what size fence can I put back there to hide this and so the berm is a wonderful thing. I might ask - the arborvitae, I don't know if it has greenery year round or whether we could throw in some firs or something. Mr. Keil: I told you I would put arborvitae. They're sitting over there. You can look at them. They're eight or nine feet tall. They're going to go on a tall berm. Mrs. Ruhf: Right. Mr. Keil: It's going to cost me $12-15,000. to do this. Mrs. Ruhf: We appreciate it. So, those are some of my issues - the water because we have had negative responses in the past from the Health Department and that's not Norm's fault. He's a recent neighbor but I know that in the past we've had different applications disapproved because of the water issue. We haven't personally had any problems with the run-off because the sloping is down the hill and we're not down the Southold Town Planning Board Page Thirty-Four December 13, 2004 hill so what he's doing for that is great. It was not one of our complaints honestly. I appreciate - I wasn't the neighbor that complained about the dust in the driveway but the trucks are an issue and I know that the French come down - I know because I was working for a greenhouse where they have the same issue but maybe if they had a place where they could pull their trucks in to wait to make their delivery - because you don't want somebody there at 3:00 in the morning - Mr. Keil: I tell them not to come on our read until 8:00. Mary Ellen Ruhf: O.K. So, how else can we do it? Norman Keil: They speak French, what can I tell you? Mrs. Ruhf: Then they're stubborn. Ms. Woodhouse: It sounds like the two of you have begun a dialogue and I would encourage you to, particularly it's valuable that you have experience in the greenhouse business and that Mr. Keil is open and receptive to your suggestions and, if you can continue to dialogue, I think that would be very helpful to the two of you. And I appreciate your coming and your comments and come back to the Planning Board again. Mrs. Ruhf: O.K. Thank you. Ms. Woodhouse: Mr. VanBourgondien? Robert VanBour.qondien: I'd just like to speak to the issue of the Canadian truck drivers. The dispatchers, more and more - all truckers, mostly - the dispatcher will call you and find out when you will accept deliveries but, quite often, they'll ask you is there some place I can pull off and take a nap and I know when they come to our place, quite often, they end up flagging down a policeman because they can't find us and ask where the place is and then I usually tell them, if you pull in before we're open, pull in, turn the engine off and you can sleep down in the driveway there out of the way. Truck drivers are running into this more and more wherever they deliver so I think that problem can be mitigated without much problem even with the French-speaking Canadians. Ms. Woodhouse: Thank you. Is there anyone else who would like to address the Board on this application? (No one else asked to be heard.) I'll entertain a motion to close the hearing. Mr. Cremers: So moved. Mr. Edwards: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor Southold Town Planning Board Page Thirty-Five December 13, 2004 Chairperson Woodhouse: Opposed? The motion carries. This hearing is officially closed. (The public hearing was closed at 6:22 p.m.) I'll ask Mr. Sidor to please read the resolution. Mr. Sidor: WHEREAS, the applicant, Norman Keil, proposes a new 42,757 sq. ft. greenhouse on an 18.75 acre parcel in the R-80 Zone; and WHEREAS, N and J Management, Co. is the owner of the property known as SCTM# 1000-113-13-1.2 and the property is located on the s/s/o Westphalia Road approximately 831' e/o Cox Neck Road in Mattituck; and WHEREAS, on September 17, 2004, a formal site plan application was submitted for approval; and WHEREAS, on November 9, 2004, the Southold Town Planning Board, acting under the State Environmental Quality Review Act (6 NYCRR), Part 617.5© (3), made a determination that the proposed action is a Type II and not subject to review; and WHEREAS, on November 24, 2004, the Mattituck Fire District recommended no well is required and requested that the right-of-way maintained to all structures be a minimum of 15'x15' and the Planning Board has accepted this recommendation; and WHEREAS, on December 9, 2004, the Southold Town Engineering Inspector reviewed and approved the proposed drainage and the Planning Board has accepted his recommendation; and WHEREAS, on December 13, 2004, the Southold Town Building Inspector reviewed and certified the site plan; and WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has received affidavits that the applicant has complied with the notification provisions; and WHEREAS, the following item is incorporated and included in the site plan: All outdoor lighting shall be shielded so that the light source is not visible from adjacent properties and roadways. Lighting fixtures shall focus and direct the light in such a manner as to contain the light and glare within property boundaries. The lighting must meet the Town Code requirements. WHEREAS, ail the requirements of the Site Plan Regulations of the Town of Southold have been met; be it therefore Southold Town Planninq Board Pa.qe Thirty-Six December 13, 2004 RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act (6 NYCRR), Part 617.5© (3), made 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. Sidor: BE IT FURTHER RESOLVED that the Southold Town Planning Board grant conditional final approval of the site plan prepared and certified by Robert Nicholson, Professional Engineer, dated December 8, 2004, subject to fulfillment of the following requirement: · Approval from the Architectural Review Committee prior to construction of proposed greenhouse. 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? This motion carries. Thank you. Chairperson Woodhouse: I'm going to turn the meeting over to Mr. Caggiano and I'm going to recuse myself from the final hearing. Member Richard Caq.qiano: 5:45 p.m. - Woodhouse, John & Jerilyn - This proposal is to subdivide an improved .97 acre parcel in the R-40 Zoning District into two lots where Lot 1 equals 22,250 sq. ft. and Lot 2 equals 19,904 sq. ft. The Zoning Board of Appeals issued an area variance on April 17, 2003 (Appl No. 5218). The property is located at 95 Navy Street (n/w corner of Navy Street and Bay Avenue) in Orient. SCTM#1000-26- 1-12 Is there anyone in the audience who would like to speak on behalf of the applicant? Jennifer Gould, Esq.: Good evening. I represent John and Jeri Woodhouse on this application. Since we met on the 22nd, we have received our approval from the Suffolk County Department of Health. We received a variance for the two lot subdivision with two conditions. The second condition is the easier condition that we file a Covenant and Southold Town Planninq Board Page Thirty-Seven December 13, 2004 Restriction that says we will not further subdivide the lot and there will only be one house on each lot. That, we don't find an issue with. The second requirement that they put in their approval was that the well on proposed Lot #1, which is the house at 2395 Bay Avenue, have the well removed from the basement. Well, the well isn't in the basement. The well is outside the basement in the back yard. Somewhere along the line there was miscommunication between the surveyor and the engineer and maybe the applicant. The pump is in the basement but the actual well is not in the basement so, I believe from my conversations with the people at the Health Department and Jeri's conversations, that they just have a phobic reaction to wells in the basement because they've admitted that our water tests for the other lot is absolutely pristine and, while they've recommended that we change the location of that well, they haven't mandated it. Our test results for the well that is allegedly in the basement, which isn't in the basement - those water test results are fine as well. There's no problem. No filtration needed - nothing. The only condition that we have to fulfill for them - I'm going out with the engineer tomorrow to mark exactly where this well is located outside so that we can have the surveyor up-date our map and we're also going to look at where the septics are on maybe two or three of the properties that would come into play if we move that one well because, since we have really good water now, it seems kind of foolish to have to move it to a place where we might not have good water. So, do you have any questions? What I'm hoping for- we have a meeting with Mr. Akras at the Health Department next week - when we show him the revised map with this minor change, that they will rescind this requirement for putting a new well in. This is kind of a backwards step. Normally, when you have approval, you don't get into the nitty gritty of what's going to happen on each lot but since we have two pre-existing homes that have been there, one for one-hundred and twenty years and the other one for ninety years, this is the kind of thing that you get in to. Mr. Caq.qiano: Any Board Members have any comments? (There were none.) Val, do you have anything that you wanted to add? Jennifer, you said that you're meeting again with the Health Department to try to clarify the misunderstanding, as you characterized it. Ms. Gould: Right. Ms. Scopaz: Are you actually asking them to amend their variance decision? Ms. Gould: From verbal conversations that we've had, they said they thought the well was in the basement. I'm not sure how it works there, to tell you the truth, Valerie - whether they'll have to go back to the Board of Review for it or if they'll just say we met the condition. I think they'll probably do it the more informal way. Ms. Scopaz: Have they given you a time frame when they thought they could get an answer back to you? Ms. Gould: No. Southold Town Planninq Board Pa.qe Thirty-Ei.qht December 13, 2004 Ms. Scopaz: But you have an appointment with them tomorrow? Ms. Gould: I have an appointment with the engineer tomorrow and we're going up to the Health Department. I'll have the map revised immediately. The surveyor told me he can do that and we'll go up. I don't see this map - our map isn't going to change between the map that we have before you now and the map for our final. The only difference is going to be where the exact well location is. It's going to be moved. It's going to be first moved to show them where it actually is and then maybe, for the final map, the new location. I would ask that that be the only condition put on their final approval, that we meet their one condition or two conditions. Our septic is fine. Does everyone have a copy of the decision? I can make that available. Everything else is fine, including the water. Mr. Caq.qiano: Does anyone else have any comments? Does anyone else in the audience have any comments? (No one else asked to comment.) Is there a motion to close the hearing? Mr. Edwards: So moved. Mr. Cremers: Second. Mr. Ca.q.qiano: Motion made and seconded. All those in favor?. Ayes: Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor Mr. Ca.q.qiano: Opposed? The motion carries. (The public hearing was closed at 6:32 p.m.) What is the pleasure of the Board? Mr. Cremers: I'll offer the following: WHEREAS, this proposal is to subdivide an improved .97 acre parcel in the R-40 Zoning District into two lots where Lot 1 equals 22,250 sq. ft. and Lot 2 equals 19,904 sq. ft.; and WHEREAS, the Zoning Board of Appeals issued an area variance on April 17, 2003 (Appl No. 5218) for the action; and WHEREAS, the Planning Board classifies this subdivision as a Standard Subdivision; and WHEREAS, both Lots 1 and 2 are improved with a single-family residence, landscaped and located in a high density residential neighborhood; and WHEREAS, the Planning Board hereby waives Section A106-20 (8) Preliminary Road and Drainage Plan, the section is not applicable; and Southold Town Planning Board Pa.qe Thirty-Nine December 13, 2004 WHEREAS, Articles VIII, IX, X, Xl, Xll, Xlll and XIV of Chapter A106 also do not apply to this action; therefore be it RESOLVED, that the Southold Town Planning Board grant preliminary approval on the plat, last revised on May 3, 2002. Mr. Edwards: Second the motion. Mr. Ca.q.qiano: Motion made and seconded. All those in favor?. Ayes: Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor Mr. Ca.q.qiano: Opposed? The motion carries. Jennifer Gould, Esq.: Aren't you going to set conditional final approval subject to those conditions? Mark Terry, Sr. Environmental Planner: No, the Planning Board has a policy where they will not issue conditional final approval if the plat does not have Health Department approval so they have chosen to issue preliminary approval. We did have a conditional final approval resolution prepared, however, legal and the Planning Board policy recommended that we not issue conditional final approval. Ms. Gould: O.K., just so I can get this straight though, as I read the new code, once we meet that Health Depar[ment approval, you don't have to schedule another hearing. Mr. Terry: That is correct. Ms. Gould: O.K. That's good. Mr. Terry: The Planning Board - we have to bring it back to a Work Session - was going to waive the public hearing because, as you said, the plats would coincide so she doesn't have to re-notice. Ms. Gould: I think that probably at the January meeting we could be on the agenda for our final. Mr. Terry: Yes, if everything works out with the Health Department. You wouldn't even need conditional final; you would just get final. Ms. Gould: O.K. Thank you. Hearings Held Over From Previous Meetings: Southold Town Planninq Board Page Forty December 13, 2004 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 I'll entertain a motion to hold this hearing open. 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. Chairperson Woodhouse: Perino, Joseph - This proposed major subdivision is for 7 lots on 20.8211 acres. The property is located on the south side of Main Road, 150' west of Sigsbee Road, in Mattituck. SCTM#1000-122-7-9. This is a proposed major subdivision. This is affected by the moratorium so there's no action that can take place at this time. i'll entertain a motion to hold this hearing open. Mr. Cremers: So move. Mr. Edwards: Second. Chairperson Woodhouse: Motion made and seconded. Ail those in favor? Ayes: Ms. Woodhouse, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor Cha rperson Woodhouse: Opposed? The motion carries. CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE- SUBDIVISIONS (Lot Line Changes) Final Determinations: Chairperson Woodhouse: Mill Creek Preserve - This proposal is to subdivide a 79.71 acre parcel into 6 residential lots where Lot 1 equals 138,177 sq. ft.; Lot 2 equals 87,939 sq. ft.; Lot 3 equals 111,690 sq. ft.; Lot 4 equals 64,469 sq. ft.; Lot 6 equals 45.58 acres, inclusive of 44.38 acres upon which Development Rights will be sold, and Southold Town Planninq Board PaRe Forty-One December 13, 2004 a 1.19 acre building envelope; Lot 6 equals 23.61 acres, inclusive of 22.23 acres upon which Development Rights will be sold, and a 1.37 acre building envelope. The total area of Development Rights sold to the County of Suffolk equals 50.87 acres. ']'he property is located n/o SR 25, 430' e/o Laurel Avenue, in Southold. SCTM#1000-56-1- 11.1 WHEREAS, the revised proposal is to subdivide a 79.71 acre parcel into 6 residential lots where Lot 1 equals 138,177 sq. ft.; Lot 2 equals 87,939 sq. ft.; Lot 3 equals 111,690 sq. ft.; Lot 4 equals 64,469 sq. ft.; Lot 5 equals 45.58 acres, inclusive of 44.38 acres upon which Development Rights will be sold, and a 1.19 acre buildinq envelope; Lot 6 equals 23.61 acres, inclusive of 22.23 acres upon which Developmer~t Rights will be sold, and a 1.37 acre building envelope. The total area of Development Rights sold to the County of Suffolk equals 50.87 acres; and WHEREAS, the Planning Board classifies this subdivision as a conservation subdivision pursuant to Chapter A106; and WHEREAS, the Southoid Fire District has agreed to a 14 ft. wide x 16 ft. height clearance between the two large existing trees at the end of Long Creek; and WHEREAS, the Building Department issued a letter, dated August 6, 2004, permitting the afore mentioned dimensions of the emergency access citing approval from the Southold Fire District; and WHEREAS, the applicant has submitted a SPDES General Permit (NYR-10H057) for Storm Water Discharges (General Permit Number GP-02-01) from the New York State Department of Environmental Conservation for the construction activities; and WHEREAS, the applicant has filed a Covenant and Restriction for the property with the Clerk of Suffolk County, Liber D00012329, Page 581, and has provided the reference upon the plat; and WHEREAS, the Planning Board granted conditional final approval on the plat, dated as revised July 8, 2004; and WHEREAS, the applicant has submitted the Park and Playground Fee in the amount of $17,500.00; and WHEREAS, the applicant has submitted a Bridgehampton National Bank Irrevocable Letter of Credit #170000360 in the amount of $26,075.00 for improvements; and WHEREAS, the applicant has submitted the Administrative Fee in the amount of $1,564.50; and WHEREAS, the Suffolk County Department of Health Services issued approval on May 7, 2004 for the action; and Southold Town Planning Board Pa.qe Forty-Two December 13, 2004 WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; therefore, be it RESOLVED, that the Southold Town Planning Board accepts the Bridgehampton National Bank Irrevocable Letter of Credit #170000360 in the amount of $26,075.00 and recommends 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. BE IT FURTHER RESOLVED, that the Southold Town Planning Board grant final approval on the plat, last revised on April 7, 2004, and authorize the Chairperson to endorse the plat upon approval of the performance guarantee 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. Chairperson Woodhouse: Harbes, Edward III - This proposal is to subdivide a 42.37 acre pamel 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 Mr. Cremers: I'll offer the following: 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 Southold Town Planninq Board Paqe Forty-Three December 13, 2004 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, the Mattituck Fire District issued a letter on November 24, 2004 releasing the applicant of the installation of a fire well; and WHEREAS, the Mattituck Fire District requests that the 25' common right-of-way is to be maintained at a minimum of 15' X 15' clear; and WHEREAS, the showing of the reserve area upon Lot 2 as per Condition Number 2 as outlined in the conditional final approval resolution is unnecessary; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; therefore, be it RESOLVED, that ingress and regress to the residential structure on Lot 1 will be over the existing 25 foot common right-of-way only. 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. Continue, please. Mr. Cremers: BE IT FURTHER RESOLVED, to rescind Condition Number 2 as outlined in the conditional final approval resolution dated November 8, 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 Southold Town Planninq Board Pa.qe Forty-Four December 13, 2004 Chairperson Woodhouse: Opposed? The motion carries. Mr. Cremers: BE IT FURTHER RESOLVED, that the Southold Town Planning Board grant final approval on the plat, last revised on May 4, 2004, and authorize the Chairperson to endorse the plat. Mr. Edwards: Second the motion. Chairperson Woodhouse: Motion made and seconded. All those in favor? Ayes: Ms. Woodhouse, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor Chairperson Woodhouse: Opposed? The motion carries. Final Extensions: Chairperson Woodhouse: Ghassemi, Sy & Catherine - This proposal is for a cluster set-off of a 1.087 acre lot from a 32.8503 acre parcel. The property is located on the north side of Main Road, 831.67' west of the intersection of Main Road and Rocky Point Road in East Marion. SCTM#1000-31-1-1 Mr. Edwards: I'll entertain the following motion: RESOLVED that the Southold Town Planning Board grant a retroactive extension of conditional final approval on the map, as last revised on March 31,2001, from June 9, 2004 to December 31, 2005. Sketch approval was granted on June 9, 2003. This is the final approval extension. 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 Extensions: Chairperson Woodhouse: Kanev, H. Lloyd - This proposal is to set off a 2.93 acre improved lot from a 25.45 acre parcel. The property is located at the terminus of Strathmors Road in East Marion. SCTM#1000-21-1-30.1 Mr. Edwards: I'll entertain the following: Southold Town Planninq Board Paqe Forty-Five December 13, 2004 WHEREAS, this proposal is to subdivide a 25.45 acre parcel into two lots where Lot 1 equals 2.93 acres and Lot 2 equals 22.51 acres; and WHEREAS, the Southold Town Planning Board granted conditional sketch plan approval on May 10, 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 a retro-active six month extension of time for sketch plan approval effective from November 10, 2004 to May 10, 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. Bond Determinations: Chairperson Woodhouse: Akscin~ Raymond J. - This proposal is to subdivide a 9.77 acre parcel into 4 lots where Lot 1 is equal to 3.32 acres, Lot 2 is equal to 2.16 acres, Lot 3 is equal to 2.07 acres and Lot 4 is equal to 2.22 acres. The property is located on the north side of Bayview Road in Southold. SCTM#1000-88-2-17 Mr. Sidor: WHEREAS, the Office of the Town Engineer has issued a letter of completion for the improvements, dated October 26, 2004; therefore, be it RESOLVED, that the Southold Town Planning Board releases the Letter of Credit No. 020522 in the amount of $35,200.00, dated May 22, 2002, as recommended by the Office of the Town Engineer in an October 26, 2004 letter 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. Southold Town Plannin,q Board PaRe Forty-Six December 13, 2004 CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE- SUBDIVISIONS (Lot Line Changes) - STATE ENVIRONMENTAL QUALITY REVIEW ACT 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, approximately 135' west of Alvah's Lane in Cutchogue. SCTM#1000-95-1-5 Would you like to do that, Rich? Mr. Caqqiano: 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 2.35 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 Planning Board classifies this subdivision as a Clustered Conservation Subdivision pursuant to Chapter A106; therefore, be it RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, established itself as lead agency for the unlisted action and, as lead agency, grants a Negative Declaration for the proposed action. Mr. Cremers: Second the motion. Chairperson Woodhouse: Motion made and seconded. All those in favor? Ayes: Ms. Woodhouse, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor Chairperson Woodhouse: Opposed? The motion carries. Please continue. Mr. Ca.q.qiano: Southold Town Plannin.q Board Page Forty-Seven December 13, 2004 BE IT FURTHER RESOLVED, that the Southold Town Planning Board is requiring that a 10 foot wide vegetative buffer be established between the 25 foot right-of-way and the property line of Robert Schrieber for a distance of approximately 350 feet to mitigate the impacts to the property. The area of the buffer and vegetative specifications must be outlined on the final plat. Vegetation must be planted at a density that will achieve a screen of the 16 foot stone blend road and must include the pest resistant species Eastern red cedar (Juniperus virginiana), Norway Spruce (Picea abies cultivars) or similar species. 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 Final Determinations: Chairperson Woodhouse: North Fork Custom Audio/Video - This amended site plan is for alteration of an existing building of 1,785 sq. ft. on a 1.16 acre parcel in the B Zone located on the n/s/o New York State Road 25, approximately 4,755' e/o Aldrich Lane, in Mattituck. SCTM#1000-125-1-19.7 Mr. Ca.q.qiano: Madame Chair, I'll offer the following: WHEREAS, Gary Salice proposes an alteration of an existing building (#1) on a 1.16 acre parcel in the B Zone; and WHEREAS, FHV, LLC is the owner of the property known as 6619 Main Road located on the n/s/o New York State Route 25, approximately 4,755' e/o Aldrich Lane, in Mattituck, SCTM#1000-125-1-19.7; and WHEREAS, on October 4, 2004, the final public hearing was closed; and WHEREAS, on October 4, 2004, the Southold Town Planning Board granted conditional final approval on the site plans prepared and certified by John C. Ehlers, Surveyor, dated June 13, 2004 and last revised September 21,2004, subject to fulfillment of the following requirements: 1. Final approval from the New York State Department of Transportation for all work improvements proposed. Southold Town Planning Board Pa.qe Forty-Eight December 13, 2004 WHEREAS, the New York State Department of Transportation issued a Highway Work Permit (No. 10-04-0509) and all the requirements of the Site Plan Regulations of the Town of Southold have been met; be it therefore RESOLVED, that the Southold Town Planning Board grant final approval on the site plan prepared and certified by John C. Ehlers, Surveyor, dated June 13, 2004 and last revised September 21, 2004 and authorize the Chairperson to endorse the final site plans subject to a one year review from the date of issuance of the building permit. 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 Final Extensions: Chairperson Woodhouse: Breezy Sound - This site plan is for a 68-unit motel complex on a 7.62 acre parcel in the RR Zone located 285' east of Chapel Lane, on the north side of CR 48, a.k.a. 61475 CR 48, in Greenport. SCTM#1000-45-1-2.1 Mr. Edwards: I'll offer the following resolution: WHEREAS, this proposed site plan, to be known as site plan for Breezy Sound Motel in Greenport, is to construct a new 68 unit motel with a pool house for motel guests and a manager's apartment unit, located on 7.13 acres on the north side of CR 48; and WHEREAS, Breezy Sound Corp. is the owner of the property known and designated as Breezy Sound Motel, CR 48, Greenport, SCTM # 1000-45-1-2.1; and WHEREAS, a formal application for the approval of this site plan was submitted on December 1,2000 and conditional final approval was granted on May 12, 2003; and WHEREAS, the applicant sought to extend the May 12, 2003 conditional final approval and such approval was granted on October 14, 2003; and WHEREAS, the applicant sought to extend the October 14, 2003 conditional final approval and such approval was granted on April 14, 2004; and WHEREAS, the applicant is requesting an additional extension of conditional final approval; and WHEREAS, all the requirements of the Site Plan Regulations of the Town of Southold have been met; be it therefore Southold Town Planninq Board Pa.qe Forty-Nine December 13, 2004 RESOLVED, that the Southold Town Planning Board grant an additional six month extension from October 14, 2004 to April 14, 2005 to the conditional final approval on the final surveys, dated October 3, 2001, and last revised August 2, 2002, subject to fulfillment of the following condition. This condition must be met within six (6) months of the resolution: 1. Review and approval by the Suffolk County Department of Health Services. 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. Set Hearings: Chairperson Woodhouse: Gatz Landscapinq~ Inc. - This site plan is for the new construction of an 11,700 sq. ft. building for agricultural use on a 5 acre parcel in the A- C Zone located approximately 464' n/o Sound Avenue on a private right-of-way in Mattituck. SCTM#1000-121-1-4.6 Mr. Ca.q.qiano: Madame Chair, I'll offer the following: WHEREAS, the site plan is for the new construction of an 11,700 sq. ft. building for agricultural use on a 5-acre parcel in the Zone A-C located approximately 464' n/o Sound Avenue on a private right-of-way also known as 6477 Sound Avenue in Mattituck, SCTM 1000-121-1-4.6; be it therefore RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act (6 NYCRR), Part 617.5 ©, 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. Continue, please. Mr. Caqqiano: Southold Town Planning Board Pa.qe Fifty December 13, 2004 BE IT FURTHER RESOLVED, that the Southold Town Planning Board set Monday, January 10, 2005, at 6:00 p.m. for a final public hearing on the maps dated April 6, 2004 and last revised November 12, 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. OTHER Chairperson Woodhouse: Elysian Field - This proposed conservation 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 on the north side of Main Road in Southold. SCTM#1000-75-2-2 WHEREAS, this proposal is to subdivide a 37.85 acre parcel into 5 lots 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 gifted to the Peconic Land Trust and includes a 2.09 acre building envelope; and WHEREAS, the Southold Town Planning Board received comments from the Suffolk County Planning Commission on November 12, 2004 and reviewed said comments at their Work Session on November 15, 2004; and WHEREAS, the Suffolk County Planning Commission approved the subdivision map subject to the conditions that the most landward limit of the freshwater wetlands be flagged by a qualified expert, verified by the appropriate regulatory agency and said information to be depicted on the subdivision map and that the proposed 25' common driveway be replaced by a 50' right-of-way for future dedication to the Town; and WHEREAS, the Planning Board finds that the wetlands delineation information requested by the Commission is, in fact, already shown on the plan and has been verified by the Planning Staff; and WHEREAS, the Planning Board finds that, given the reduced density of development and in consideration of the preservation component of this subdivision, the proposed 25' wide right-of-way will provide safe and adequate access to the lots; therefore, be it Southold Town Planning Board Page Fifty-One December 13, 2004 RESOLVED, that the Southold Town Planning Board hereby over-rides the Suffolk County Planning Commission's condition that the proposed common driveway be replaced with a 50' wide right-of-way for future dedication to the Town. 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: Ioannou, Constantine - This proposed standard subdivision is for 3 lots on 6.81 acres where Lot 1 equals 92,332 sq. ft., Lot 2 equals 114,288 sq. ft., and Lot 3 equals 80,000 sq. ft. in the R-80 Zoning District. The property is located n/o State Road 25, 4848 feet e/o Kayleigh's Court, in East Marion. SCTM#1000-23-1- 14.7 Bill, would you read this one, please? Mr. Cremers: WHEREAS, this proposed subdivision is for 3 lots on 6.81 acres where Lot 1 equals 92,332 sq. ft., Lot 2 equals 114,288 sq. ft., and Lot 3 equals 80,000 sq. ft. in the R-80 Zoning District; and WHEREAS, the Southold Town Planning Board received comments from the Suffolk County Planning Commission on October 18, 2004 and reviewed said comments at their October 25, 2004 Work Session; and WHEREAS, the Suffolk County Planning Commission disapproved the subdivision application for reasons stated in their correspondence, dated October 8, 2004; and WHEREAS, the Suffolk County Planning Commission finds that Lots 1 and 2 are "landlocked" and does not consider the proposed 25' wide right-of-way to be proper road frontage according to Commission standards; and WHEREAS, the Suffolk County Planning Commission is requiring that Lots 1 and 2 each contain a 15' wide flag strip which will provide proper road frontage according to Commission's standards and that the proposed 25' wide right-of-way be replaced by a road which would be suitable for dedication to the Town; and WHEREAS, the Suffolk County Planning Commission is requiring that the top of the bluff and the Coastal Erosion Hazard Area Line be flagged in the field by a qualified Southoid Town Planninq Board PaRe Fifty-Two December 13, 2004 expert, verified by the appropriate regulatory agency and said information to be shown on the map; and WHEREAS, the Suffolk County Planning Commission is requiring a minimum setback of 100' landward of the Coastal Erosion Hazard Area Line for any proposed sanitary system and a minimum setback of 50' landward of the Coastal Erosion Hazard Area Line for clearing, grading and/or ground disturbance; and WHEREAS, the Planning Board has considered the aforementioned comments from Suffolk County Planning Commission; therefore be it RESOLVED, that the Town of Southold hereby overrides the Suffolk County Planning Commission's comments for the following reasons: 1) The proposed 25' wide right-of-way will be incorporated into Lots 1 or 2 and will be adequate road frontage according to Town standards. 2) The 25' wide right-of-way has been reviewed by the Town Engineer and has been found to conform to the road specification of the Town Code. 3) The Town of Southold already requires a minimum setback of 100' from the top of the bluff for any structure and the applicant has agreed to establish a "nondisturbance buffer" within the area of the 100' setback which will prohibit clearing, grading or ground disturbance. 4) The flagging information for the bluff will be added to the map as required by the Planning Board. However, it is not the Town's policy to require that a qualified expert flag the Coastal Erosion Hazard Area Line. This information is taken directly from the Coastal Erosion Hazard Area maps. 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. APPROVAL OF PLANNING BOARD MINUTES Chairperson Woodhouse: Board to approve the minutes of November 8, 2004 and November 22, 2004. Mr. Edwards: So move. Southold Town Panning Board Paqe Fifty-Three December 13, 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. A motion to adjourn was then made by Mr. Edwards and seconded by Mr. Cremers. There being no further business to come before the Board, the meeting was adjourned at 6:35 p.m. Respectfully submitted, Carol Kalin Secretary ~;~rilyn B.~'VVoodhouse, Chairpe s RECEIVED o f, FEB 2 2 wn Clerk