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PB-04/11/2005
PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON Present were: PLANNING BOARD OFFICE TOWN OF SOUTHOLD PUBLIC MEETING MINUTES Monday, April 11, 2005 6:00 p.m. Jerilyn B. Woodhouse, Chairperson William J. Cremers, Vice Chairman Kenneth L. Edwards, Member Martin H. Sidor, Member George D. Solomon, Member Valerie Scopaz, Town Planning Director Mark Terry, Senior Environmental Planner Anthony Trezza, Senior Planner Bruno Semon, Senior Site Plan Reviewer Linda Randolph, Secretary 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 RECEIVED JUN 21 2005 Southold Town Clerk SETTING OF THE NEXT PLANNING BOARD MEETING Chairperson Woodhouse: Good evening and welcome to the April 11th meeting of the Southold Town Planning Board. The Board will begin by setting Monday, May 9, 2005 at $: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. Cremers, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: We have a unanimous vote on that. We have a number of public hearings this evening. Before we begin the public hearings, I just want to remind you that the public will have an opportunity to address the Board. We ask that when you come forward to speak, you go to either of the two microphones, state your name and where you are from, and please sign in and print your name clearly so that we will be able to have the accurate spelling of your name for our transcript. Southold Town Planning Board Pa,qe Two April11,2005 PUBLIC HEARINGS Chairperson Woodhouse: 6:00 p.m. The Whitaker House - the proposed site plan is for the alteration of an existing two-story building located in the Hamlet Business zone on the s/e corner of NYS Road 25 and Horton's Lane in Southold, SCTM#1000-61-1-5. We will now open that hearing. Is there anyone here who would like to speak on behalf of this application? Hearing no comments, I will entertain a motion to close the hearing. Mr. Cremers: So moved. Mr. Edwards: Second. Chairperson Woodhouse: All in favor?. Ayes: Ms. Woodhouse, Mr. Cremers, Mr. Edwards, Mr. Solomon. Chairperson Woodhouse: The motion carries. Ken, would you like to offer the resolution? Mr. Edwards: WHEREAS, the applicants, Lee & Marie Beninati, propose the site plan for alteration of an existing two story building of 2,177 sq. ft. to an office of 1,373 sq. ft. and two apartments on an 18,001 sq. ft. parcel in the HB Zone; and WHEREAS, Lee & Marie Beninati for The Whitaker House, LLC, are the owners of the property known as 52875 NYS Route 25 and located on the n/e corner of NYS Route 25 & Horton's Lane in Southold, SCTM#1000-61-1-5; and WHEREAS, on January 28, 2005, a formal site plan application was submitted for approval; and WHEREAS, on February 1,2005, the Suffolk County Department of Health Services received an application to review and assigned the reference number C-10-05-0004; and WHEREAS, on February 4, 2005, the Southold Town Building Inspector reviewed and certified the site plan for "Offices and Accessory Apartments" use; and WHEREAS, on February 11,2005, the Southold Town Engineering Inspector reviewed and approved the proposed drainage with conditions and the Planning Board has accepted his recommendation; and Southold Town Planninq Board Page Three April 11,2005 WHEREAS, on February 18, 2005, the Southold Town Planning Board reviewed the applicants' submission which included the revised landscape plan and technical letter dated February 16, 2005; and the Planning Board accepted this as submitted and incorporated the proposed changes into the site plan; and WHEREAS, on March 3, 2005, the Architectural Review Committee reviewed and approved the architectural drawings and associated site plan materials with conditions; and the Planning Board has accepted this approval and determined it to be satisfactory; and WHEREAS, on March 9, 2005, the Southold Fire District recommended that fire protection is adequate and the Planning Board has accepted this recommendation; and WHEREAS, on March 14, 2005, the Southold Town Planning Board, acting under the State Environmental Quality Review Act (6 NYCRR), Part 617.5 made a determination that the proposed action is a Type II and not subject to review; and WHEREAS, 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 five items are 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. Prior to installation of all outdoor lighting a catalogue cut must be submitted to the Planning Department for review by the Architectural Review Committee and receive Planning Board approval. 3. All outside HVAC units must be screened from view. The installation of the gravel parking lot area must consist of a two (2") inch thick blue stone blend top coat and the site shall be graded to maintain all surface water run-off within the parking area. Inlet grate elevations should be established to accommodate this requirement. 5. All signs shall meet Southold Town Zoning Codes 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 Southold Town Planninq Board Page Four April 11, 2005 RESOLVED, that the Southold Town Planning Board grant conditional final approval of the site plan prepared and certified by John Metzger, Land Surveyor, dated December 7, 2004 and last revised March 21,2005, subject to fulfillment of the following requirement: The applicant must obtain approval from Suffolk County Department of Health Services and submit that approval to the Southold Town Planning Board prior to construction of the proposed building. Mr. Cremers: Second the motion. Ms. Woodhouse: The motion has been made and seconded. Are there any questions on the motion? All those in favor?. Ayes: Ms. Woodhouse, Mr. Cremers, Mr. Edwards, Mr. Solomon. Ms. Woodhouse: Opposed? (none) Ms. Woodhouse: The motion carries. Chairperson Woodhouse: 6:05 p.m. North Fork Deli - This site plan is for a new 1,840 sq. ft. building with 857 sq. ft. of retail floor display, 738 sq. ft. for food preparation, including a utility/bathroom and 245 sq. ft. of storage with no public access on a 0.22- acre parcel in the B Zone located on the n/e corner of NYS Road 25 and Legion Avenue, in Mattituck. SCTM#1000-142-2-22 I have in the record here a letter from the Bethany Cemetery Association, and we, as the Planning Board, have asked that a copy of that be sent to the Transportation Committee so that they can make their recommendations to the Planning Board and to the Town Board. Is there anyone who would like to speak on behalf of this application for the North Fork Deli? John Sawicki: Sorry I'm late. Chairperson Woodhouse: You're right on time, we're just starting. John Sawicki: My name is John Sawicki, and I own the property adjoining Mr. Bremer's. First of all, I received from the Planning Board a letter... I'm sorry I don't live on Fisher's Island, but I didn't know Mr. Bremer owned property over there. Fortunately, Mr. Bremer was kind enough to send me his own certified letter and spend $4.50. Chairperson Woodhouse: You got the wrong letter in that envelope. I'm sorry. Southold Town Planninq Board Page Five April 11, 2005 John Sawicki: All right. I'm here mainly... I've been there for 35 years next to the deli property. All of his properties east and west north and south is next to me. I'm zoned Residential Office and for 35 years I've had an office and I've lived there. And I've put up with the deli. And so have all the neighbors. Now, I don't have anything against Mr. Bremer being an enterprising person, but I personally think this piece of property zoned Business or Commercial is a dinosaur. If we look at the traffic situation, even tonight, when I pulled out of Legion Avenue to make a left turn, I had to wait. So, you put a deli, a high-traffic volume business, on this corner, you are gonna have problems. I'm a Mattituck fireman. I have my hat, my flag and my flashlight and radio. Because when that deli was busy, once a week, at least once a month, accidents. They were either on my property or someplace. So, I have kind of .... I went to the Board and I generally looked at his plan. He wants an entrance right on Main Road just a couple of feet from my property where the telephone booth used to be. I don't know.., you got a lot of traffic going left, you got traffic going west. You're gonna start getting congestion here. I recommend possibly you'd be better off having everything on Legion Avenue to start with. But that's not my major concern. First of all, I would like to see if this plan gets approved, to possibly have them erect some sort of fence, east west north south, like a 6' stockade fence to segregate his business property from my residential office property. I don't think I have to be subjected to what goes on over there because no one knows in the commercial business like a deli. Furthermore, even before the first scoopful of dirt is taken out of there, I don't wanna be subject to a year's long construction. People come through his property, and they steal from me. Basically, I don't have much back there except my garden machinery and boat and things, but I've been robbed, burglarized, twice, three times. I've chased people off of there many a time. I don't think I, as a residential person, should be subjected to a commercial guy. Let him be in a commercial zone. But, fine. Number two, his preliminary plan when he wanted to rebuild the deli, before it was razed by the town. He's got his garbage dumpsters like 6" from my property. In the summer, they throw raw food in there and it stinks. I'm a dentist, I run a dental office there. I have my windows open. I don't need that. The church is 50' away from where he wants to put this dumpster. They have their windows open in the summer. It stinks for them. I know he has to have a dumpster and I'm not slighting him for that but, you know, it's right on my property line. The third thing that I'm concerned about is, I'm probably the only person on that street that has well water. I don't know exactly what the guidelines are for having rumoff tanks and cesspools. I heard a rumor that it possibly has to be 150' from either water, a house or a well point. I measured it off and my points are well within 150'. The church has County water, I don't. I would like to know what you're going to do with that, and what kind of consideration the Health Department is going to make for me. Other than what I just mentioned, I'm sorry I didn't prepare a written letter, but I will if I have to. I would like the little things I said to come into consideration. I think the piece of property is a dinosaur. Well, I'm not going to reiterate. However, my friend, Tommy Martin, would like to speak about the well situation and the Health Department. I will work with anyone, but these are my concerns. Sorry to take your time. Southold Town Planning Board Paqe Six Apdl 11, 2005 Chairperson Woodhouse: Thank you very much. Did you sign your name? Does anyone on the Board have any questions for Mr. Sawicki? Bruno, is there anything you would like to say? Bruno Semon: No, I think the applicant or his engineer should address some of it; some may already have been litigated. Tom Martin: My name is Tom Martin, I'm from 2350 Jackson Street in New Suffolk, NY. I am a friend of Dr. Sawicki's for more than 35 years and, like the Hair Club, I am also a patient. I think John has already mentioned the couple of concerns that were brought up. Looking at the site plan it shows the deli hooking up to public water; it doesn't show the adjoining property to the east that is still on well and also there's an irrigation well. But also the new thing that seems to be on this plan is the dry wells that he plans to put in. The recommendation for dry wells to my understanding is that it has to be greater than 50' from the well, and he falls way within 50' that range. Not counting the pre- existing cesspools that were well within the 150' standard for sanitary pools. And the second concern that John has voiced already, was the location of the dumpster and what could be done on that. Those were my only two points. Chairperson Woodhouse: Thank you. Tom Martin: Does the Planning Board rule on drywells? Because it seems like, there's a proposal for drywells on the plan, but who actually checks to see if they're put in, and does anybody check to see that they are any distance from an existing drinking water well? Chairperson Woodhouse: This application was reviewed by the Suffolk County Health Department, and it would be part of their review. Do we have any information on that? Tom Martin: My understanding is they don't look at the drywells. They do have a recommendation that they are 50' away, but as part of the inspection procedure, they don't look at the dry well for drainage. So it would come down to, if it were installed within 50', then John would have to complain to the Health Dept. and then come back. It would seem like it's already done, it's working backwards. That's all. Thank you. Chairperson Woodhouse: Thank you. Bruno Semon: Madame Chairman, the way the drywells would actually be reviewed would be by the Town Engineering for calculations of runoff. We would be concerned about runoff obviously to meet the Town minimum. But each and every application has to have a design professional who designs it, they have to be a licensed registered either architect or P.E. in the State of New York, so it would actually be certified by a design professional to meet all of the State Codes, County Codes, and so forth. Tom Martin: So, what's the recourse then if the pools go in? John has to go after the architect? Southold Town Planning Board Page Seven April 11,2005 Bruno Semon: Well, the recourse is that nobody up here would be a P.E., so we would have to use the licensed engineer's guidance, and our engineer would actually be more concerned about trapping the runoff so it wouldn't go off onto adjoining properties. Tom Martin: Well, usually what happens in runoff in a lot of cases is you get oil, you get grease and in some cases gasoline, and within 50' of his well. One of the solutions would be to get him hooked up to public water. That's an easy answer. Thank you. Mr. Cremers: The County doesn't look at the drywall situation? Chairman Woodhouse: Right. Mr. Cremers: That's a very important issue, I think. Chairperson Woodhouse: Mr. Bremer, would you please come forward and answer some of these questions? Mr. Bremer: This is the first time I have heard of a well being on that particular piece of property. I had the original filing for that particular property basically resubmitted for approval under the new configuration. That particular survey indicated that there was public water at Mr. Sawicki's property. Chairperson Woodhouse: But there is not. Now we have heard tonight that there is not. OK. Mr. Bremer: So, we will have to take another look at it. Chairperson Woodhouse.' OK. Mr. Bremer: That's a surprise. Because that system had been in, they upgraded the system and put in a grease trap and resubmitted it to the Suffolk County Health Department for approval close to six or seven years ago. At that time, it was a full approval. When I got involved with it, I recalculated the flow associated with the site based on that particular survey and based on that information that was filed with the Health Department. The Health Department looked for that particular filing back then with mine and basically approved it based on that. Chairman Woodhouse: OK Mr. Bremer: We actually decreased the amount of flow associated with the property and in fact removed one of the leaching pools as part of the plan. Chairperson Woodhouse: Ail right, so you'll take another look at it with this new information. Mr. Bremer: Yes. Southold Town Piannin.q Board Pa.qe Eight April 11,2005 Chairman Woodhouse: Thank you. Bruno Semon: Mr. Condon, if you don't mind just another second, there were other questions raised about the fence. John Condon: Yeah, at the original hearing we had, Mr. Sawicki expressed some concern about that and asked for a fence. If you look at the site plan, we do have a fence that goes along the property lines. Chairperson Woodhouse: And the dumpster? John Condon: The dumpster is still located there, but I spoke to Mr. Bremer and he was quite surprised that somebody would be concerned about that; it was the first time he had heard about it. He told me that if Mr. Sawicki had come over and told him there was a problem, he would have had it emptied at a more frequent time or period. Chairperson Woodhouse: Is there another place to relocate it? John Condom Sure. It's possible to move it to the other corner of the lot and then just move the parking spaces over to take that particular spot. That's not a big deal. Chairperson Woodhouse: OK. Thank you. Bruno Semon: And John, just for the record, do you know the height of that fence that was being specified? John Condon: I think they were talking about a 6' solid fence. Bruno Semon: Like a wood-type fence? John Condom A wood type fence, right. Chairperson Woodhouse: Is there anyone else who would like to address the Board on this issue? Hearing none, I would like to entertain a motion to keep this hearing open. BE IT RESOLVED that the Southold Town Planning Board hereby holds the public hearing for North Fork Deli open. Bill Cremers: Second. Chairperson Woodhouse: All in favor?. Ayes. Chairperson Woodhouse: Opposed? The motion carries. This headng will be held open to allow the applicant time to respond to the issues that were raised here tonight. Thank you. Southold Town Planning Board PaRe Nine April 11,2005 Ken Edwards: Madame Chairman, I am on the Board of Island Health Club Project. As in the past, I will recuse myself and leave the room for the next item on the agenda tonight. Chairperson Woodhouse: You may be excused. (Mr. Edwards leaves the Meeting Hall.) Would someone kindly close the door?. Thank you. All right, now we will open the next hearing. 6:10 p.m. - Island Health Project: This site plan is for a new proposed home medical office including a 1,700 sq. ft. first floor doctor's office and a 1,700 sq. ft. second floor of living quarters on a 1.25 acre parcel in the R-80 Zoning District located on the n/s/o Central Avenue, 100' e/o Mansion House Drive, on Fishers Island, SCTM#1000-6-6-20.7. is there anyone here who would like to speak on behalf of this application? Are there any comments or questions? Hearing none, I will entertain a motion to close the hearing. Bill Cremers: So moved. Second. Chairperson Woodhouse: All in favor?. Alii: Ayes. Chairperson Woodhouse: Opposed? This motion carries. Bill Cremers: I will offer the following: WHEREAS, the applicant, Island Health Project, Inc. proposes a new home medical office including a '1,700 sq. ft. first floor doctor's office and a 1,700 sq. ft. second floor of living quarters on a 1.25 acre parcel in the R-80 Zoning District; and WHEREAS, Fishers Island Utility Company, Inc. is the owner of the property known as SCTM #1000-6-6-20.7 located on the n/s/o Central Avenue, 100' e/o Mansion House Drive, on Fishers Island; and WHEREAS, on July 27, 2004, a formal site plan application was submitted for approval; and WHEREAS, on September 7, 2004, the Southold Town Zoning Board of Appeals granted a variance as described under Appeal Number; and WHEREAS, on September 24, 2004, the Fishers Island Fire Department has determined that fire wells are not needed in this area and the Planning Board has accepted this recommendation; and WHEREAS, on November 9, 2004, the Southold Town Planning Board, acting under the State Environmental Quality Review Act (6 NYCRR), Part 6'17.5 © 7, made a determination that the proposed action is a Type II and not subject to review; and Southold Town Planninq Board Page Ten April 11,2005 WHEREAS, on December 20, 2004, the Southold Town Engineering Inspector reviewed the proposed drainage and issued conditions and the Planning Board has accepted his recommendation and incorporated the conditions; and WHEREAS, on January 3, 2005, the Suffolk County Department of Health Services approved the site plan under Reference Number C10-04-0003; and WHEREAS, on March 3, 2005, the Architectural Review Committee reviewed and approved the architectural drawings, associated site plan materials and the Planning Board has accepted this approval and determined it to be satisfactory; and WHEREAS, on March 9, 2005, the Southold Town Building Inspector reviewed and certified the site plan for "Home Professional Office" use; 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. Ail signs shall meet Southold Town Zoning Codes 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 Southoid Town Planning Board grant final approval on the site plan prepared by CME Associates Engineering and Land Surveying, PLLC and certified by Richard H. Strouse, Licensed Professional Engineer, dated January 5, 2004 and last revised February 8, 2005, 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. Bill Cremers: Second Chairperson Woodhouse: All in favor? Alii: Ayes. Chairperson Woodhouse: Opposed? This motion carries. Thank you very much. Let's bring Ken back in here. Southold Town Planning Board Page Eleven April 11, 2005 Chairperson Woodhouse: 6:20 p.m. - Malon, Stanley: This site plan is for a new 18,112 sq. ft. commercial center on a 1.2356-acre parcel in the B Zone located approximately 83.35' w/o Cox's Lane, on the n/s/o NYS Road 25 (Main Road), also known as 32845 N¥S Road 25, in Cutchogue, SCTM#1000-97-5-4.5. Is there anyone here who would like to speak on behalf of this application? Pat Moore: Good evening. I have Mr. & Mrs. Malon here. If you have any questions, we will address them. Otherwise, I'll just sit down. Chairperson Woodhouse: Thank you. Is there anyone else who would like to speak on this application? Any comments from the Board? AI_JI: None. Chairperson Woodhouse: Hearing none, I will entertain a motion to close the hearing. Bill Cremers: So moved. Ken Edwards: Second. Chairperson Woodhouse: All in favor? All: Ayes. Chairperson Woodhouse: Opposed? And the motion carries unanimously. Martin, will you please read? Martin Sidor: WHEREAS, the applicant, Stanley Malon, proposes a new 18,112 sq. ft. commercial center on a 1.2356-acre parcel in the B Zone; and WHEREAS, Stanley Malon, is the owner of the property known as 32845 NYS Road 25 located on the n/s/o NYS Road 25 approximately 83.35' w/o Cox's Lane, in Cutchogue. SCTM#1000-97-5-4.5; and WHEREAS, the agent, Patricia C. Moore, Esq., proposes a site plan for the applicant and owner; and WHEREAS, on August 30, 2003, a formal site plan application was submitted for approval; and WHEREAS, on May 20,2004, the Southold Town Zoning Board of Appeals granted a variance as described under Appeal Number 5383; and WHEREAS, on October 25, 2004, the Cutchogue Fire District recommended that no fire well will be needed and the Planning Board has accepted this recommendation; and Southold Town Planninq Board Page Twelve April 11,2005 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 the unlisted action, and as lead agency, made a determination of non- significance and granted a Negative Declaration; and WHEREAS, on December 15, 2004, the Suffolk County Department of Health Services reviewed and approved an application under reference number C-10-02-0011; and WHEREAS, on January 19, 2005, the New York State Department of Transportation reviewed and approved the site plan under the case number 10-4-0635 and the Planning Board has accepted this approval; and WHEREAS, on February 18, 2005, the Southold Town Building Inspector reviewed and certified the site plan for "Commercial Center Retail and Office Space" use; and WHEREAS, on March 3, 2005, the Architectural Review Committee reviewed and approved the architectural drawings and associated site plan materials with conditions; and the Planning Board has accepted this approval; and WHEREAS, on March 22, 2005, the Southold Town Engineering Inspector reviewed and approved the proposed drainage with conditions and the Planning Board has 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 six items are 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. Prior to installation and manufacturing of signage a scaled detail must be submitted to the Planning Department for review by the Architectural Review Committee and receive Planning Board approval. The agent, applicant and owner must install the traffic crossover to the western property line as shown on the site plan prepared and certified by Harold E. Gebhard a Licensed Architect, dated December 11, 2003 and last revised March 16, 2005. 9. The site plan build out must incorporate all the recommendations as detailed on the letter of the Town Engineer dated March 22, 2005. Southold Town Planning Board Page Thirteen April 11, 2005 10. The applicant must obtain 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. 11 .All signs shall meet Southold Town Zoning Codes 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 grant final approval on the site plan prepared and certified by Harold E. Gebhard a Licensed Architect, dated December 11, 2003 and last revised March 16, 2005 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. Bill Cremers: I second the motion. Chairperson Woodhouse: All in favor?. Ayes: Ms. Woodhouse, Mr. Cremers, Mr. Edwards, Mr. Sidor, Mr. Solomon. Chairperson Woodhouse: Opposed? The motion carries unanimously. Chairperson Woodhouse: LIN Cellular Communications {Cin.qular Wireless) - This site plan is for a new equipment building of 270 sq. ft. with a fourth (4th) antenna located on the existing cellular pole on a 1.04 acre pamel in the LI Zone located on the n/s/o County Road 48, approximately 728' w/o Cox's Lane, in Cutchogue, SCTM#1000- 96-1-19.1. Is there anyone here who would like to speak on behalf of this application? Jacqueline Flemin.q: Good evening. Jacqueline Fleming of Munley Meade Nelson & Re for the applicant. I am here this evening with the engineer who designed the site plan. At this point, I will just wait to see if there are any questions. Chairperson Woodhouse: Is there anyone else who would like to speak on behalf of this application? Are there any questions or comments from the Board? Hearing none, I will entertain a motion to close the hearing. So moved. Second. Chairperson Woodhouse: All in favor?. Southold Town Planning Board Page Fourteen April 11, 2005 Ayes: Ms. Woodhouse, Mr. Cremers, Mr. Edwards, Mr. Sidor, Mr. Solomon. Chairperson Woodhouse: Opposed? The motion carries. George, will you please read? George Solomon: WHEREAS, the applicant, LIN Cellular Communications (NY) LLC proposes the site plan for a new equipment building of 270 sq. ft. with a fourth (4th) antenna located on the existing cellular pole on a 1.04 acre parcel in the LI Zone; and WHEREAS, Arthur V. Junge, is the owner of the property known as 21855 County Road 48 and located on the n/s/o County Road 48, approximately 728' w/o Cox's Lane, in Cutchogue, SCTM#1000-96-1-19.1; and WHEREAS, the agent, Lawrence C. Re, proposes the site plan for the applicant and owner; and WHEREAS, on January 18, 2005, a formal site plan application was submitted for approval; and WHEREAS, on March 10, 2005, the Southold Town Zoning Board of Appeals granted a variance as described under Appeal Number 5671; be it therefore RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act (6NYCRR), Part 617.5 C-11, makes a determination that the proposed action is a Type II and not subject to review. Mr. Edwards: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor? Ayes: Ms. Woodhouse, Mr. Cremers, Mr. Edwards, Mr. Sidor, Mr. Solomon. Chairperson Woodhouse: Opposed? The motion carries. Please continue. BE IT FURTHER RESOLVED, that the Southold Town Planning Board closes the final public hearing on the Site Plan known as LIN Cellular Communications (NY) LLC. Chairperson Woodhouse: Second. All in favor?. Ayes: Ms. Woodhouse, Mr. Cremers, Mr. Edwards, Mr. Sidor, Mr. Solomon. Chairperson Woodhouse: Opposed? That motion carries. Please continue. WHEREAS, on February 11,2005, the $outhold Town Engineering Inspector reviewed and approved the proposed drainage and the Planning Board has accepted his recommendation; and Southold Town Planning Board Page Fifteen April 11, 2005 WHEREAS, on February 18, 2005, the Planning Board received a structural analysis report and letter from Infinigy Engineering certified by Oscar Pedraza, a licensed professional engineer, with several attachments to substantiate the report and the Planning Board has accepted this report and has incorporated this in the site plan approval; and WHEREAS, on February 22, 2005, the Cutchogue Fire District recommended that no additional fire well will be needed and the Planning Board has accepted this recommendation; and WHEREAS, on March 3, 2005, the Architectural Review Committee reviewed the site plan materials and determined there are no architectural features requiring comments and the Planning Board has accepted this approval; and WHEREAS, on March 14, 2005, the Southold Town Building Inspector reviewed and certified the site plan for "wireless communication equipment facility" use; 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: 12.AII 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. 13. The applicant, agent and owner will install 6' high balled cedars instead of the arborvitae detailed on the landscaping plan prepared by Infinigy Engineering, certified by Paul M. Penman, Licensed Professional Engineer, dated September 28, 2004 and last revised January 10, 2005. In addition, the landscape will be guaranteed for two years to ensure survivability; and WHEREAS, all the requirements of the Site Plan Regulations of the Town of Southold have been met; be it therefore further RESOLVED, that the Southold Town Planning Board grant final approval on the site plan prepared by Infinigy Engineering, certified by Paul M. Penman, Licensed Professional Engineer, dated September 28, 2004 and last revised January 10, 2005; and authorize the Chairperson to endorse the final site plans subject to a one-year review. Bill Cremers: I second the motion. Southold Town Planning Board Page Sixteen April 11, 2005 Chairperson Woodhouse: The motion has been made and seconded. Are there any questions or discussions on this final motion? Hearing none, we will vote. All in favor?. Ayes: Ms. Woodhouse, Mr. Cremers, Mr. Edwards, Mr. Sidor, Mr. Solomon. Chairperson Woodhouse: Opposed? This motion carries. Thank you. Hearings Held Over From Previous Meetings: Chairperson Woodhouse: We have two hearings that were held over from previous meetings. First, I will entertain a motion to hold over the application for 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#1000-75-2-15.1 & 15.2 BE IT RESOLVED that the Southold Town Planning Board hereby holds the public hearing for Silver Nail Vineyards open. Mr. Cremers: So moved. Ken Edwards: Second. Chairperson Woodhouse: All in favor?. Ayes: Ms. Woodhouse, Mr. Cremers, Mr. Edwards, Mr. Sidor, Mr. Solomon. Chairperson Woodhouse: Opposed? This motion carries. Chairperson Woodhouse: The last hearing is Greenport Heights Development LLC - This site plan is for a new 3,950 sq. ft. building which will include 1,200 sq. ft. of retail space, 1,200 sq. ff. of restaurant, & 1,550 sq. ft. of second floor storage/mechanical space on a 1.521-acre parcel in the B Zone located approximately 775' w/o Moores Lane, on the n/s/o NYS Road 25, in Greenport. SCTM#1000-45-4-3.1. Do we have someone to speak on behalf of this application? Pat Moore: Good evening. I have the DOT-approved site plan here. It was picked up and it's being put on the record and submitted to you to meet the conditions. (She hands it to Bruno Semon.) Chairperson Woodhouse: Is there anything else you would like to say? Pat Moore: No, I think not. Southold Town Planning Board Paqe Seventeen April 11, 2005 Chairperson Woodhouse: Is there anyone else who would like to speak on behalf of this application? Mr. Strang. Garrett Stran.q: Good evening. I represent the Architectural Review Committee as Co- Chair of the Committee. I would just like to go on record as indicating from the position of the ARC that this application was never given a complete review by the ARC. It stalled at a point when there were some objections raised by the ARC with respect to some amhitectural elevation elements, and then the remainder of the process never followed through. So, we would like it a matter of record that this particular application, unlike any other application that has come before you, has not received a complete review by the ARC. Chairperson Woodhouse: Thank you. Is there anyone else who would like to speak on behalf of this application? Yes, ma'am. Jane Welz: Hi, i'm Jane Welz of Southold. I have known Joy and Mike Domino for over 20 years, first as a customer in their shop and now as a tenant in their front shop for the last two years. In addition, at my shop, Straight Arrow Furniture, I have been an associate broker in Real Estate for over 24 years and I am currently with Prudential Douglas-Elliman. As such, I know that there are hundreds of Dutch Gambrell buildings around the area, both commercially and residentially. In fact, I drove down Peconic Lane the other day, which is a mile long, and I counted six of them. A lot of them were old, very old, Dutch colonial residential homes. Some near the corner of 25 were more commercial. I can't really understand why you are objecting to the design of this building, when it is inherent in our location out here. More specifically, I noticed a home on Nassau Point Road recently that's very similar in style and design to that which the Dominos are proposing, and I took a photograph of it without examining the inside of the house because it's not on the market. That house would probably go for $1.6 -'1.9 million, particularly with its water view, it's not waterfront, it's water view, on Nassau Point Road. It also probably has beach rights through, which most of those homes do. I can show you a photo of that house and, again, it is not unlike what they are proposing. My question to this Board is: how can anyone object to the Domino site plan, which would actually improve the area or the neighborhood significantly. If you've reviewed the area, the existing buildings consist of the following: going from the south side, going east to west, it's Sunrise Bus, and that storage area and repairs; their building on the north side is beautiful, and so would the Domino building be. Then you have Empire Gas, which also has a car rental area, also bicycles, they rent anything that moves. Milt's Canvas is pretty good, but it could be cleaned up as well. Then there's Dave's Barber Shop, which is vacant. I was told it was sold, but nobody has moved in. Then there's Pagan Real Estate, which is also vacant. So, you have to ride the neighborhood. Going on the north side again, east to west, there are sheds and storage equipment. Recently, they just cut all the trees and that's the Rafti property. And then there's Mike's site, the Domino site next to it. There's a small run-down rental house, which I hate to say looks like a hobo house. The man is very nice, but it's very run down. Then there's the building I rent and then Greenport Utility shed. There's a blue house, blue on blue we call it. Again, it's residential. Then there's North Southold Town Planninq Board Page Eighteen April 11,2005 Fork Trading Post, which has all this garbage out in the front, it's very unsightly. Then comes the NYS DOT municipal yard and then the North Fork Welding Annex. I guess my sense is that this building the Dominos want to build would vastly improve the area. So I strongly suggest that this Board really do the right thing and just grant immediately the approval of the Domino plan. Here's the photo if you want it. Thank you. Chairperson Woodhouse: OK, if you'd like to submit it. But I have heard no objection from this Board in terms of the design of the property. Ms. Welz: Well, I heard months ago "soften the south side of the building" and when Mr. Domino asked what that meant, you said "we are not going to design your building." And that's no answer. Chairperson Woodhouse: That is not this Board, ma'am. Ms. Welz: Oh, yes it is. Chairperson Woodhouse: Is there anyone else who would like to address the Board on behalf of this application? We have not seen the Transportation Report. Let me just confer with our staff. Have you had an opportunity to review it? Bruno Semon: It is a current permit issued by NYS. It's actually his original, which he will need to get back. It is stamped and certified by an engineer, it's official as of 4/7, so it is a State Curb Cut for what needs to be done, so that would satisify that condition on the resolution. Chairperson Woodhouse: Is there any change to the site plan as a result of that? Bruno Semon: Not that I can tell you about. No, it looks the same. Chairperson Woodhouse: Landscaping, Mark, have you reviewed it as well? I'm just asking for the public's information. Ordinarily we would have this part of the application, just the last piece to complete the application, to review prior to our meeting, so I am just making sure that our staff has had an opportunity to review it and could advise the rest of the Board, so if you would just bear with us for a moment. (Discussion) Are there any questions or comments for the Board? Hearing none, I will entertain a motion to close the hearing. Bill Cremers: So moved. Second. Chairperson Woodhouse: All in favor?. Ayes: Chairperson Woodhouse: Opposed? And that motion carries. Mr. Cremers? Southold Town Planninq Board Page Nineteen April 11,2005 Bill Cremers: I will put in a few extras: WHEREAS, Mamh 14, 2005, the Southold Town Planning Board hereby held the public hearing open pending approval of the New York State Department of Transportation for the highway work permit to include a N.Y.S. Road 25 entrance; be it therefore RESOLVED, that the Southold Town Planning Board closes the final public hearing on the Site Plan known as Greenport Development Heights; and WHEREAS, the applicants, Michael J. & Joy E. Domino, for Greenport Heights Development, LLC, propose the site plan for a new 3,950 sq. ft. building which will include 1,200 sq. ft. of retail space, 1,200 sq. ft. of restaurant, & 1,550 sq. ft. of second floor storage/mechanical space on a 1.521 acre parcel in the B Zone; and WHEREAS, Greenport Heights Development, LLC. is the owner of the property known as SCTM#1000,45-4-3.1 located approximately 775' w/o Moores Lane, on the n/s/o NYS Road 25, in Greenport; and WHEREAS, on December 9, 2003, 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 March 20, 2004, the Greenport Fire Department recommended that fire protection is adequate and the Planning Board has accepted this recommendation; and WHEREAS, on June 22, 2004, the New York State Department of Environmental Conservation reviewed an application and issued a letter of non-jurisdiction under Permit Number 1-4738-03361/0001 and the Planning Board has accepted this letter of non-jurisdiction; and WHEREAS, on June 28, 2004, the Southold Town Trustees reviewed a site plan by Jeffrey T. Butler, P.E. and survey by Joseph A. Ingegno and determined the proposed construction to be out of Wetland Jurisdiction under Chapter 97 of the Town Wetland Code and Chapter 37 of the Town Code and the Planning Board has accepted this determination; and WHEREAS, on August 3, 2004, the Southold Town Engineering Inspector reviewed and approved the proposed drainage and the Planning Board accepted this approval; and WHEREAS, on August 30, 2004, the Southold Town Building Inspector reviewed and certified the site plan for "Retail & Restaurant" use; and WHEREAS, on February 28, 2005, the Planning Board received a revised landscape plan dated August 23, 2004 drawn by Michael Shannon, R.L.A., designed to mitigate the visual impact of the building's east and south elevations from the road and the Planning Board has accepted this landscape plan in lieu of additional revisions to the Southold Town Planning Board Page Twenty April 11,2005 architectural drawings. (This landscape plan supersedes landscaping shown on the plan prepared by Jeffrey T. Butler dated October 22, 2003 and revised March 9, 2005); and WHEREAS, between December 2, 2003 and April 29, 2004 the Architectural Review Committee made several recommendations to modify the orientation and design elements of the proposed structure in order to enhance the Scenic Byway designation of State Road 25 as well as the appearance of the primary corridor into Greenport Village; most of which have been accepted by the Planning Board as noted previously; and WHEREAS, on March 11,2005, the Suffolk County Department of Health Services reviewed and approved an application for this site plan and issued the Reference Number C10-03-0014; and WHEREAS, on April 6, 2005, the Planning Board received a revised site plan drawing 1 of 7 & 5 of 7 prepared and certified by Joseph Ingegno and by Jeffrey T. Butler Professional Engineer, dated February 3, 2004 and last revised April 4, 2005 designed by the applicant to further mitigate the visual impact of the buildings east and south elevations from the road and the Planning Board has accepted this revision. (This plan supersedes the plan prepared by Jeffrey T. Butler dated October 22, 2003 and revised March 9, 2005); and WHEREAS, on April 7, 2005, the Southold Town Building Inspector reviewed and certified a revised site plan prepared and certified by Joseph Ingegno and by Jeffrey T. Butler Professional Engineer, dated February 3, 2004 and last revised April 4, 2005 for "Retail & Restaurant" use; 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 four items are 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. = All materials and construction specifications as submitted by the applicant and received by the Planning Department on December 8, 2003 are to be incorporated in the project scope. 3. All signs shall meet Southold Town Zoning Codes and shall be subject to approval of the Southold Town Building Inspector. Southold Town Planninq Board Pa.qe Twenty-One April 11,2005 At such time that the commercial property to the east is the subject of an approved site plan, a cross-over to the adjoining parking area to the rear shall be permitted; and WHEREAS, on April 11,2005 at the Public Hearing the applicant submitted the New York State Department of Transportation site plan and Highway Work Permit Number 10-05-0035 approved on April 7, 2005, and the Planning Board has accepted this approval; and WHEREAS, all the requirements of the Site Plan Regulations of the Town of Southold have been met; be it further RESOLVED, that the Southold Town Planning Board grant final approval of the site plan prepared and certified by Jeffrey T. Butler Professional Engineer, dated October 22, 2003 and last revised April 4, 2005 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. Chairperson Woodhouse: Second. All in favor. Ayes. Chairperson Woodhouse: Opposed? The motion carries. Bruno Semon: Mrs. Chairman, I didn't hear but I believe it's part of it to authorize the maps be endorsed. I don't know if Bill read that, I think missed it. That should be part of it because we are rewording. We need to just vote that he can authorize the signing of the maps. Chairperson Woodhouse: It's not here because they had a conditional. The proposal is that there be a resolution authorizing the Chair to sign the maps. Is there a second to that? Second. Chairperson Woodhouse: All in favor. Ayes. Chairperson Woodhouse: Opposed? That motion carries. Before we go on to the final determinations, I have a resoldtion: BE IT RESOLVED, that the Southold Town Planning Board hereby appoints William J. Cremers as Vice Chairman to sign office documents and preside over Planning Board Meetings in the absence of the Chairperson, Jerilyn B. Woodhouse. Is there a second? Bill Cremers: Second. Southold Town Planninq Board PaRe Twenty-Two April 11,2005 Chairperson Woodhouse: All in favor?. Ayes. Chairperson Woodhouse: Opposed? And the motion carries. Congratulations, Mr. Cremers. CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE- SUBDIVISIONS (Lot Line Changes) Final Determinations: Chairperson Woodhouse: We are going to skip to the next item on the Agenda, Paradise Point Estates. This proposed lot line change will transfer 1.70 acres from Parcel 2 (SCTM#1000-81-3-25)to Pamel 1 (1000-81-3-24)in the R-80 Zoning District. The property is located at 1000 Paradise Point Road approximately 680' north of Cedar Beach Road in Southold. WHEREAS the applicant proposes to amend a lot line and transfer 1.70 acres from Parcel 2 (SCTM#1000-81-3-25)to Parcel 1 (SCTM#1000-81o3-24); and WHEREAS following the transfer, Parcel 1 will equal 2.347 acres and Parcel 2 will equal 3.107 acres, both conforming to the R-80 Zoning District; and WHEREAS the Southold Town Planning Board granted conditional sketch approval on April 14, 2003 for the proposed action; and WHEREAS the applicant has submitted an extension of time request by letter, dated April 7, 2005; and WHEREAS the applicant has obtained Health Department approval for the proposed action; and WHEREAS the New York State Department of Environmental Conservation has issued a Tidal Wetlands Permit for the proposed action; and WHEREAS the Planning Department conducted a field inspection and has found that the existing residence on Parcel 1 has been demolished as required by the conditional sketch approval; and Southold Town Planninq Board PaRe Twenty-Three April 11, 2005 WHEREAS, the applicant has filed new deeds with the Suffolk County Clerk and has submitted copies of same to the Planning Department; and WHEREAS, the Southold Town Planning Board finds that all of the conditions of conditional sketch approval have been met; be it therefore RESOLVED, that the Southold Town Planning Board grants an extension of time for conditional sketch approval from April 14, 2003 to April 14, 2005; Mr. Edwards: Second. Chairperson Woodhouse: All in favor? Ayes: Ms. Woodhouse, Mr. Cremers, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? That motion carries. and be it further RESOLVED, that the Southold Town Planning Board grants final approval upon the map prepared by Joseph Ingegno, Land Surveyor dated April 6, 2005 and authorizes the Chairperson to endorse the final survey. Mr. Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes: Ms. Woodhouse, Mr. Cremers, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? That motion carries. Conditional Final Determinations Chairperson Woodhouse: Beebe~ Constance - This proposal is to to-configure the lot lines of three separate parcels to create two new lots, each of which is improved with a single-family residence and accessory structures. Upon completion of the re- subdivision, Parcel 1 will equal 40,362 sq. ft. and Parcel 2 will equal 35,530 sq. ft., where 40,000 sq. ft. is the minimum required under the Zoning Code. The property is located on the north side of NYS Route 25, approximately 519' west of Alvah's Lane in Cutchogue, SCTM#1000-109-1-18, 19 & 20.1. There are two resolutions: Ken Edwards: WHEREAS, this proposal is to to-configure the lot lines of three separate parcels to create two new lots, each of which is improved with a single-family residence and accessory structures. Upon completion of the re-subdivision, Parcel 1 will equal 40,362 sq. ft. and Parcel 2 will equal 35,530 sq. ft., where 40,000 sq. ft. is the minimum required under the Zoning Code; and Southold Town Planning Board Paqe Twenty-Four April 111 2005 WHEREAS, the Zoning Board of Appeals granted the necessary relief for the proposed action on February 3, 2005; and WHEREAS, the Southold Town Planning Board received an application for the re- subdivision on March 9, 2005 and reviewed said application at their work session on March 21,2005; be it therefore RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, do an uncoordinated review of this Unlisted Action. The Planning Board establishes itself as lead agency, and as lead agency, makes a determination of non-significance and grants a Negative Declaration; Bill Cremers: Second the motion. Chairperson Woodhouse: All in favor?. Ayes. Chairperson Woodhouse: Opposed? This motion carries. Ken Edwards: and be it further RESOLVED, that the Southold Town Planning Board grant conditional final approval on the surveys, prepared by Joseph Ingegno, L.S., dated October 28, 2003 and last revised March 25, 2005, subject to the following condition: 1. The filing of new deeds with the Office of the Suffolk County Clerk pertaining to the lot line change and, upon filing, submission of a copy to this office. Mr. Edwards: Second the motion. Chairperson Woodhouse: All those in favor? Ayes: Ms. Woodhouse, Mr. Cremers, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion carries. Preliminary Extensions: Chairperson Woodhouse: Elysian Fields o 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 acres 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 n/s/o State Route 25 approximately 545 feet west of Maple Avenue in Southold. SCTM#1000-75-2-2. Southold Town Planning Board Pa.qe Twenty-Five April 11, 2005 Ken Edwards: 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 granted conditional sketch plan approval by resolution, dated August 10, 2004, on the map dated as last revised July 23, 2004; and WHEREAS, the Southold Town Planning Board granted conditional preliminary approval by resolution, dated October 5, 2004, on the map dated as last revised August 13, 2004; and WHEREAS, the applicant has requested an extension of time for preliminary plat approval by letter, dated March 14, 2005; be it therefore RESOLVED, that the Southold Town Planning Board grants an extension of time for preliminary plat approval from April 5, 2005 until October 5, 2005. Bill Cremers: Second the motion. Chairperson Woodhouse: All in favor? Ayes: Ms. Woodhouse, Mr. Cremers, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? This motion carries. Setting of Final Hearings: Chairperson Woodhouse: Oregon Landin.q I - This proposed cluster subdivision will subdivide a 25.79 acre parcel (SCTM#1000-83-2-9.1) into five lots where Parcel 1 will equal 136,244 sq. ft.; Parcel 2 will equal 81,016 sq. ft.; Parcel 3 will equal 75,738 sq. ft.; Parcel 4 will equal 70,383 sq. ft. and Parcel 5 will equal 17.02 acres upon which Development Rights will be sold to the Town of Southold. The project is located n/o Oregon Road, 625 feet w/o Bridge Lane, in Cutchogue. Bill Cremers: I motion the following: WHEREAS, the proposed action will subdivide a 25.79 acre parcel (SCTM#1000-83-2- 9.1) into five lots where Parcel 1 will equal 136,244 sq. ft.; Parcel 2 will equal 81,016 sq. ft.; Parcel 3 will equal 75,738 sq. ft.; Parcel 4 will equal 70,383 sq. ft. and Parcel 5 will equal 17.02 acres which is proposed for a Development Rights Sale to the Town of Southold; and Southold Town Planninq Board Pa.qe Twenty-Six April 11,2005 WHEREAS, in review of the history and merits of the application, the Planning Board hereby waives Article VI Preliminary Plat Review; be it therefore RESOLVED, that the Southold Town Planning Board set Monday, May 9, 2005 at 6:00 p.m. for a final public hearing on the maps dated as revised July 20, 2004. Mr. Edwards: Second the motion. Chairperson Woodhouse: All in favor?. Ayes: Ms. Woodhouse, Mr. Cremers, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion carries. Conditional Sketch Determinations: Chairperson Woodhouse: Charnews, Daniel and Stephanie - This proposal is to subdivide a 23.4004-acre parcel into two lots where Lot 1 equals 3 acres & Lot 2 equals 20.4004 acres. The property is located on the w/s/o Youngs Avenue and the e/s/o Horton Lane, approximately 375' south of CR 48 in Southold, SCTM#1000-63-1-25. Mr. Cremers: I'd like to entertain the following motion: WHEREAS, this proposal is to subdivide a 23.4004 acre parcel into two lots where Lot 1 equals 3 acres and Lot 2 equals 20.4004 acres; and WHEREAS, this action involves the separation of a lot (for the existing structures) from a larger subdividable portion of the property; and WHEREAS, an Application for Sketch Approval was submitted to the Planning Board on February 3, 2005; and WHEREAS, the Southold Town Planning Board established itself as lead agency on March 14, 2004; be it therefore RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, grants a Negative Declaration for the proposed action; Mr. Edwards: Second the motion. Chairperson Woodhouse: All those in favor? Ayes: Ms. Woodhouse, Mr. Cremers, Mr. Edwards, Mr. Sidor, Mr. Solomon Southold Town Planninq Board Pa,qe Twenty-Seven April 111 2005 Chairperson Woodhouse: Opposed? That motion carries. Mr. Cremers: and be it further RESOLVED, that the Southold Town Planning Board hereby grants conditional sketch approval upon the plat, dated September 9, 2004 and last revised on November 4, 2004 subject to the following condition: 1. The term "set-off" should be replaced with "Standard Subdivision" on the map. Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor?. Ayes Chairperson Woodhouse: Opposed? That motion carries. Cichanowicz, David - This proposal is to subdivide a 24.82-acre pamel into 4 lots where Lot 1 equals 2 acres, Lot 2 equals 73,336 sq. ft., Lot 3 equals 73,336 sq. ft. and Lot 4 equals 19.415 acres upon which the development rights have been sold to the County of Suffolk. The property is located s/o State Road 25 1506' e/o Indian Neck Road and n/o Leslie Road in Peconic, SCTM#1000-83-3-10.2 & 97-10-2. Martin Sidor: I'd like to entertain the following motion: WHEREAS, this proposal is to subdivide a 24.82-acre parcel into 4 lots where Lot 1 equals 2 acres, Lot 2 equals 73,336 sq. ft., Lot 3 equals 73,336 sq. ft. and Lot 4 equals 19.415 acres upon which the Development Rights have been sold to the County of Suffolk; and WHEREAS, the proposed action is classified as a Conservation Subdivision pursuant to Chapter A106 of the Town of Southold Town Code; and WHEREAS, based upon the history and merits of the application, the Planning Board waives Section A106-11 and Article IX; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants conditional sketch approval upon the plat dated October 7, 2000, subject to the following conditions: 1. Include the zoning district notation on the map. 2. The submission of a Final Plat Application and final plats with a Suffolk County Department of Health stamp. Southold Town Planninq Board Page Twenty-Eight April 11, 2005 3. The submission of a curb cut permit from the NYS Department of Transportation. 4. Submission of a draft covenant and restriction including: A clause outlining best management practices (vegetated swale along the northern property boundaries) to eliminate the drainage problems on proposed Lots 1 and 2. A clause to satisfy the SPEDS requirement, stating "Prior to any construction activity, the project will require a general permit for Storm- water Runoff from Construction Activity (GP-02-01) administered by the NYS Dept. of Environmental Conservation (DEC) under the Phase II State Pollutant Elimination Discharge System (SPEDS) Program. A clause stating, "Storm-water resulting from the development and improvement of the subdivision or any of its lots shall be retained on each lot. No storm-water shall be discharged to public lands." Mr. Cremers: I second the motion. Chairperson Woodhouse: All in favor?. Ayes. Chairperson Woodhouse: Opposed? This motion carries. Conditional Sketch Extensions: Doroski Family Limited Partnership - This proposed subdivision is for 4 lots on 40.56 acres where Lot 1 equals 99,316 sq. ft.; Lot 2 equals 103,823 sq. ft.; Lot 3 equals 80,000 sq. ft. and Lot 4 equals 34.06 acres. The property is located s/o Sound View Avenue, + 170' w/o Hope Lane, Southold, SCTM#1000-69-1-9. Mr. Cremers: I'll offer the following: WHEREAS, this proposal is to subdivide a 40.56-acre parcel into four lots where Lot 1 equals 99,316 sq. ft., Lot 2 equals 103,823 sq. ft., Lot 3 equals 80,000 sq. ft. and Lot 4 equals 34.06 acres upon which the Development Rights on 33.16 acres have been sold to the Town of Southold; and WHEREAS, the Southold Town Planning Board granted an extension of time for conditional sketch approval effective October 14, 2003 to April 15, 2005; and Southold Town Planning Board Page Twenty-Nine April 11, 2005 WHEREAS, in a letter dated March 22, 2005, the applicant has requested another extension of time in order to obtain Health Department approval for this project; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants an extension of time for conditional sketch approval until October 15, 2005. Second. Chairperson Woodhouse: All in favor. Ayes. Chairperson Woodhouse: Opposed? And the motion carries. ************************** CONSERVATION SUBDIVISIONS, STANDARDS SUBDIVISIONS, RESUBDIVlSlONS (Lot Line Changes) - STATE ENVIRONMENTAL QUALITY REVIEW ACT Lead Agency Coordination: Flower Hill Buildin,q Corp. - This proposed clustered 80/60 Conservation Subdivision is for 5 lots on 27.15 acres where Lot 1 equals a 23.96 acre Development Right Sale area and a 1.5 acre building envelope, Lot 2 equals 31,800 sq. ft., Lot 3 equals 32,500 sq. ft., Lot 4 equals 32,500 sq. ft. and Lot 5 equals 30,150 sq. ft. in the A-C/R-O Zoning Districts. The property is located n/o State Road 25, 650' w/o Jasmine Lane and e/o Ackerley Pond Road in Southold, SCTM#1000-69-3-10.1. Mr. Solomon: WHEREAS, this proposed Conservation Subdivision is for 5 lots on 27.15 acres where Lot 1 equals a 23.96 acre Development Right Sale Area and a 1.5 acre building envelope, Lot 2 equals 31,800 sq. ft., Lot 3 equals 32,500 sq. ft., Lot 4 equals 32,500 sq. ft. and Lot 5 equals 30,150 sq. ft. in the A-C/R-O Zoning Districts; be it therefore RESOLVED, that the proposal meets the Conservation Subdivision Criteria and is hereby classified as a Conservation Subdivision; Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Southold Town Planninq Board Pa.qe Thirty April 11,2005 Chairperson Woodhouse: Opposed? That motion carries. Mr. Solomon: and be it further RESOLVED, that the Southold Town Planning Board start the SEQRA lead agency coordination process for this Unlisted Action. Mr. Cremers: I second the motion. Chairperson Woodhouse: All in favor?. Ayes. Chairperson Woodhouse: Opposed? and this motion carries. SITE PLANS Final Determinations: Gatz LandscaDina, 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 AC Zone located approximately 464' n/o Sound Avenue on a private right-of-way in Mattituck. SCTM#1000-121-1-4.6 Ken Edwards: WHEREAS, on February 14, 2005, the Southold Town Planning Board granted conditional final approval of the site plan prepared and certified by Howard W. Young, Land Surveyor, dated April 6, 2004 and last revised November 12, 2004, subject to fulfillment of all conditions; and include the following: WHEREAS, these conditions are shown on the Alternate Site Plan dated February 14, 2005 and last revised February 17, 2005; and 1. The proposed building is 170' north of the southerly property line. 2. The proposed building is flipped so that the narrow side of the building faces south. 3. The proposed buffer on the south property boundary is Norway Spruces or Ireland Cypress, 6'-7' high planted at 6' on center. 4. The site plan includes a two-year Survivability clause on all landscaping; and WHEREAS, the following conditions have been satisfied; and 1. On October 21,2004, the Suffolk County Department of Health Services issued an approval under reference number C10-04-006. Southold Town Plannin.q Board Paqe Thirty-One April 11,2005 The applicant acknowledges the SPEDES general permit requirement as shown on the Stormwater Pollution Protection Plan prepared and certified by Howard W. Young, Land Surveyor, dated April 7, 2005 and last revised April 8, 2005. 3. On March 22, 2005, the Southold Town Building Inspector reviewed and certified the site plan for "Agricultural Barn"" use. On March 22, 2005, the Southold Town Engineering Inspector reviewed and indicated that the drainage calculations and design have been amended to meet the minimum Town Code requirements. 5. The agent submitted six copies of the revised site plan. WHEREAS, the following three items are incorporated and included in the alternate 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. 2. All signage shall meet Southold Town Zoning Codes and shall be subject to approval of the Southold Town Building Inspector. The applicant shall obtain 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, 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 alternate site plan prepared and certified by Howard W. Young, Land Surveyor, dated February 14, 2005 and last revised February 17, 2005 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: All in favor? Ayes Southold Town Planninq Board Pa.qe Thirty-Two April 11, 2005 Chairperson Woodhouse: Opposed? The motion carries. I am going to recuse myself for the next two items. ' One, I am a party to the application and second I am a tenant in the building property known as Cutchogue Business Center. Excuse me, I am back? I'll do #20 first. I have one final resolution before I leave the room. OTHER Harbes, Edward III - Update regarding final determination. SCTM #1000-112-1-7. We had to reissue some maps, and this is to resign the maps, as I understand. Bill Cremers: 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, on December 14, 2004, the Southold Town Planning Board granted final approval on the plat, last revised on May 4, 2004; and WHEREAS, additional maps were necessary and due to the miscommunication between the applicant and surveyor, the 62 days required to file the approved plat has since expired; be it therefore RESOLVED, that the Southold Town Planning Board re-issue final approval on the plat, last revised on May 4, 2004. Mr. Edwards: I second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? And that motion carries. (leaves the room) Southold Town Planninq Board Paqe Thirty-Three April 11,2005 CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE- SUBDIVISIONS (Lot Line Changes) Final Determinations: Vice Chairperson Cremers: The pleasure of the Board? Woodhouse~ John and 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 (Application 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 Mr. Solomon: 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 (App. 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 WHEREAS, Articles VIII, IX, X, XI, XII, XIII and XIV do not apply to this action; and WHEREAS, on December 12, 2004, the Planning Board issued preliminary approval for the action; and WHEREAS, on March 25, 2005, the Suffolk County Department of Health Services issued approval for the action; and WHEREAS, all applicable requirements of Chapter A106 of the Town of Southold Town Code have been satisfied; be it therefore Southold Town Planning Board Page Thirty-Four April 11, 2005 RESOLVED, that the Southold Town Planning Board finds that the preliminary plat is in substantial agreement with the final plat with no substantial amendments; Mr. Edwards: Second. Mr. Cremers: All in favor? Ayes. Mr. Cremers: Opposed? Motion carries. Mr. Solomon: and be it further RESOLVED, that pursuant to Section A106-28, the Southold Town Planning Board grants final approval on the maps, dated as last revised, March 1,2005, and authorize the Vice-Chairman to endorse the maps. Mr. Edwards: Second the motion. Mr. Cremers: All in favor. Ayes. Mr. Cremers; Opposed? The motion carries. Martin Sidor is leaving the room. SITE PLANS Set Hearings: Cutcho.que Business Center - This proposal is for an amended site plan for an alteration to an existing 12,000 sq. ft. building on a 6.1 acre parcel in the LI Zone located on the s/w/s/o the intersection of Oregon Road and Cox Lane in Cutchogue. SCTM#1000-83-3-4.6 WHEREAS, the proposed action involves an amended site plan for an alteration to an existing 12,000 sq. ft. building on a 6.1 acre parcel in the LI Zone located on the sw/s/o the intersection of Cox Lane and Oregon Road in Cutchogue, SCTM#1000-83-3-4.6; and WHEREAS, on March 14, 2005, the Southold Town Planning Board started the lead agency coordination process on this Unlisted Action; and WHEREAS, on April 11, 2005, the Planning Board has not received any comments or objections to the proposed action; be it therefore RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, performed a coordinated review of this Unlisted Southold Town Planninq Board Pa.qe Thirty-Five April 11,2005 Action. The Planning Board establishes itself as lead agency, and as lead agency, makes a determination of non-significance and grants a Negative Declaration; Mr. Cremers: Second the motion. All in favor? Ayes. Mr. Cremers: Opposed? Motion carries. Mr. Edwards: and be it therefore further RESOLVED, that the Southold Town Planning Board set Monday, May 9, 2005, at 6:05 p.m. for a final public hearing on the maps dated July 6, 2004 and last revised January 22, 2005. Mr. Cremers: Second the motion. All in favor?. Ayes. Mr. Cremers: Opposed? The motion carries. I'm just going to ask Jeri and Martin to come back in again. Chairperson Woodhouse: I notice there are other people in the audience. Is there anybody else who wanted to address the Board this evening on any matter?. I thank you for coming. For our last order of business we will entertain a motion to adjourn. So moved. Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? We are adjourned. Thank you. There being no further business to come before the Board, the meeting was adjourned at 6:50 p.m. Respectfully submitted, Linda Randolph Secretary