The URL can be used to link to this page

Home My WebLink AboutPB-05/09/2005PLANNING BOARD MEMBERS JER[LYN B. WOODHOUSE Chair WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON PLANNING BOARD OFFICE TOWN OF SOUTHOLD PUBLIC MEETING MINUTES M.MLING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave. Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 Present were: Monday, May 9, 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 SETTING OF THE NEXT PLANNING BOARD MEETING Chairperson Woodhouse: Good evening and welcome to the May 9th meeting of the Southold Town Planning Board. The Board will begin by setting Monday, June '13, 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:. All those in favor?. Ayes: Ms. Woodhouse, Mr. Cremers, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? And that motion carries. Chairperson Woodhouse: Tonight we start with a number of public hearings. There will be opportunities for the public to address the board. If you would like to, when it is time, please come up to either of the microphones. Them is also a piece of paper them and a pen or a pencil where you can sign your name or print your name clearly so that when we transcribe our minutes we have an accurate record as to who is here. Southoid Town Planninq Board Pa.qe Two May 9, 2005 PUBLIC HEARINGS Chairperson Woodhouse: 6:00 p.m. Oregon Landing I: the proposed action will subdivide a 25.79-acre parcel (SCTM#1000-83-2-9.1) into five lots where Parcel I 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. We have four resolutions that relate to this Proposed Cluster Subdivision. This property is located north or Oregon Road, 625' w/o Bridge Lane in Cutchogue. It includes a parcel of 17.02 acres upon which the development rights will be sold to the Town of Southold. Is there anyone here who would like to address the Board on this application? Kevin O'Mara: Hi, I have adjacent property to this and I am also involved with the Oregon Road Preservation Association. Thank you for hearing me. I understand that tonight's meeting relates just to this one, but I think a number of us involved with the Preservation Association view this sort of as the tip of the iceberg and that once subdivisions are allowed up on Oregon Road along the sound of the scope that are now being proposed, that it will be a very slippery slope before Oregon Road turns into a Nassau County-type situation. And it is a special place. It is a scenic trail on all the Town's Bike Routes, it's used in the Town's advertisements, there are photographs of Oregon Road and the vineyards there, and it's appreciated by all the Town residents for its rural character. These subdivisions, in particular the two Manzi subdivisions and the Corso subdivision which is just adjacent to the one that we are talking about tonight, will have really an immeasurable negative impact on Oregon Road and that area of town. First I'd like to talk about the Subdivision Code. At the very beginning of the Code, there are six purposes that the Town recites for why they enacted the Code. Of those six, there are four that are clearly not being met by these proposed subdivisions, Oregon Landing I being the first. One is Land and Landscape Preservation. Allowing the development of our farm fields up on Oregon Road is going to raise the price of land preservation because the acreage will now become viewed as available to developers to put houses in the middle of it, much like you have in Bridgehampton now. Instead of being $40,000 or $50,000 per acre which is the price that Mr. Manzi paid for that land, in fact that price will very quickly go up to $300,000 and $400,000 per buildable lot, which will just put it beyond the reach of any of the preservation activities that are out there. The other thing is even though this is a Conservation Subdivision, while it's laudable that so much of the land will be preserved, the negative impact of this is that you will end up with a row of houses along the sound which will very much start to look like the bayfront within the Town, which I don't think is really the intent of the Conservation Law, or the intent of most of the people in the Town in allowing that area to be developed. Southold Town Planning Board Pa.qe Three May 9, 2005 The second is the preservation of the character of the Town. Again, allowing these rows of tract houses. These are not being built for any individuals, these are being built by Manzi Homes on spec, and they are all going to be very similar in feeling, to be built all in a row on the sound is going to once again make this deal very suburban as opposed to rural and farm-like the way it is now. I think that probably the most significant issue is that the Town Code requires in approving subdivisions that there is a thought given to the promotion of transportation efficiency, while preserving the scenic and historic attributes of roadways in the town. The recent SEEDS report unequivocally states that allowing subdivisions outside the hamlets is a principal cause of the traffic congestion on the North Fork. Oregon Road is about as far away from the hamlets as you can get. That's why it was called Oregon historically. If these three proposed subdivisions are approved, it'll add approximately 30 cars if you assume it's 15 houses and two cars per house, which would create, according to some experts I have talked to, a 500' line of traffic if you lined all those cars up on any given Saturday on their way to their houses. And again, the people who are behind these developments are people who have been coming to the Town and have been increasing the traffic load. For instance, Manzi Homes, Laurel Links Development brings 150 cars, there is parking there for 150 cars on any given Saturday, more than 75% of which are from the South Fork; they are not even North Fork residents who are using Laurel Links. And finally, the fourth area this violates is the creation of affordable housing opportunities for residents of the town. Clearly, I don't think anyone could disagree that this would not be affordable housing once they are built. Again, Manzi Homes, I don't blame them, they are developers, their job it to make a buck. I just, what I do object to is their ability to make a fast buck in the Town of Southold, take it home and then leave us with all the problems to deal with. In this particular situation, Oregon Landing I, that property was purchased three years ago at a price per acre that reflected its farmland value, not which reflected developable property. And that is because it was in the "plume" district and unavailable for development. There was a series of back reom deals where it was agreed with the Suffolk County Water Authority to bring water to this parcel that instantly increased its value; Mr. Manzi's company is paying $250,000 to extend the water. It increased the value of that property from $1.2 million to approximately $5 million, without ever having built a house. I think it's not appropriate that it's not allowing its current residents to sell properties in areas that they think is just for farmland and can't be developed when behind the scenes there are deals being cut which in fact turn that property into developable property. I am sure that the family that sold it wishes they had known that water would be available for $250,000 because they would have pocketed a substantial amount more than they did. On top of that, the Town now proposes to spend $30,000 per acre to buy the development rights for the 17-acre parcel, which effectively gives Mr. Manzi an even larger profit on this property. My wife and I have a road that we own that extends from our property down from Oregon Road to our house and serve two other houses. We had made an offer to Mr. Manzi some time ago to negotiate sharing that road and I had copied the Planning Board on those offers. We've never heard anything from Manzi Homes about this. Despite the fact the result of them putting in a side-by-side road will be depending on Southold Town Planning Board Pa.qe Four May 9, 2005 what happens to the law regarding roads and conservation subdivisions, either a 75' or a 50' wide strip, far wider than Oregon Road itself, that will be cutting through the fields, when you add up our road and his road, which would be right next door. We were perfectly happy, we weren't looking for money, to share the road and to just define some reasonable basis on which we can do that, and I think it would be a good thing for the Planning Board to use its authority in this process to encourage that to happen just for the benefit of the viewscape. And finally, wanting to just remember about Manzi Homes, it's been very recently reported that in the Oregon Landing II subdivision, they brought bulldozers in and tore down trees and entered other people's property to get better access to do some drilling. These are not people who respect the Town of Southold and their residents and their rights. As somebody who would become their next door neighbor, as I guess I technically am now, it's not very comforting that the Planning Board is allowing these developments to go forward when they aren't showing any real respect for the rights of neighbors. My view is that this subdivision should be halted or curtailed for the following reasons: Oregon Road is one of the last vestiges of the town, the way it once was. When you walk or drive or bike on Oregon Road, you don't see many houses, you see very open vistas, farm fields, vineyards, that kind of stuff. If all these subdivisions are allowed to go forward, very soon you will see rew upon rew of large houses that frankly look pretty much the same, much the way we have at Laurel Links or at any other place. And it will really destrey the effect that one has from driving up and down Oregon Road. I think the SEEDS report makes it clear that the traffic preblems we are experiencing on the North Fork are related in a very large part by the subdivisions that are occurring outside the Hamlet districts, and I think the Planning Board should take the time to investigate this and to take the findings of the SEEDS report into account before appreving any more subdivisions, not just on Oregon Road, but any more subdivisions outside the Hamlet district. I think that we have an election in just a few months and there are a number of candidates who have a different view on Land Preservation and surprisingly it appears to be a very contested election. Whether it'll be a real exchange of ideas and viewpoints, and for the Planning Board to start acting now and approving these subdivisions really takes away from the voters in just a few months, the ability to effect change on some of these land preservation ideas. I think that the conservation subdivision I know is viewed as a hallmark legislation for the current Town Board and I think in a lot of parts of the town it does make a lot of sense. I think what's happened though is that there's this sort of rush to approve conservation subdivision because the other kind are so bad. My understanding is that major subdivisions are not generally being approved at all, and at this point we are only approving conservation subdivisions. I think it's important that we do look at these things and not be so grateful that it's a conservation subdivision which frankly is the only kind that's going to get appreved anyway, and start bending the rules and star[ rushing them through to approval. I know from my personal experience we were trying to buy a piece of preperty that was subject to a two-lot setoff, the only connection between the two lots was a 20' strip, most of you probably remember. That process took six years. The lots were effectively separated already, it didn't involve bringing in water, it didn't involve any of that other stuff. It seems to me that this one is going threugh awfully quickly, and the only reason that I can see is because it is a conservation subdivision. I think it would be good to really Southold Town Planninq Board Pa.qe Five May 9, 2005 take the time to really think is this what's right for Oregon Road and for the town, and maybe it isn't; maybe there are other places that conservation subdivisions make a lot more sense, but I think here, given Oregon Road, given its historical development patterns, this is not the place to have 15 new houses built in what might be the space of a year. I don't think anyone, at least I don't want to bother with Oregon Road Preservation Association, and certainly not me, is advocating that there be no development at all. I think we are all smart enough to see that the land has value and the property owners have rights to develop their property. I think our objection is really the scope of the development that's currently planned for that relatively short strip of Oregon Road. It's only about a 3 or 4-mile strip, and right now there are plans afoot to put in 15 new houses. I haven't actually sat down and counted all the houses, but I wouldn't be surprised if that was about 1/3 more than are currently there. So, it's a pretty major impact on Oregon Road. Right now, Oregon Road is a very rural place. On a Saturday or Sunday it is filled with bikers and runners and people out walking. And with the kind of traffic we are talking about, with the kind of development we are having, it's really going to impact that. And I'd like to see the town really take the time to investigate the impact of the traffic, the impact on the environment and the viewscapes of Oregon Road prior to approving any of these subdivisions. This happens to be the first, so that's why we're here. But I think that there's a win/win outcome for everyone here and that involves curtailing the number of houses that are being built. I don't think, as I said, no one's saying "don't build any houses," but I don't think that we need 15 houses; I think four or five or six houses would be a sufficient number of houses, it wouldn't have a great impact on things, and it would give the developers a very fair profit. Thank you. Chairperson Woodhouse: Thank you. Well first let me see if there is anyone else in the audience who would like to address the Board on this matter. Please? Darin Pfeni.q: I am one of the landowners to the east; I am part of the two-lot subdivision. I am not for or against the subdivision, but I did want to bring up the road situation. When Kevin and I had worked on the road that we are talking about for the two-lot Baxter Subdivision, they had us put in a gravel road because they wanted a country road, and they had us put in drainage and other items. My suggestion with Kevin is we should look into using either utilizing our road and they could pave that, or putting their road on the other side of the subdivision. I think the two roads together would look kind of strange and, as Kevin pointed out, it would be a wide path going up there and I really don't see any reason for it. If they utilized our road, we are a 3-lot subdivision, they are a 4-lot subdivision and again I just don't see the need for it. If you need the road paved, I think they could pave ours, and it would work out. I don't think Mr. Manzi's costs would really change much cause the base is down and also the drainage is all in to handle that road. And he can run his utilities up his easement, completely out of the way. He can run his city water up there and his electric utilities, cable and whatnot that wouldn't even affect us. It's just something I think the Board should look at. Chairperson Woodhouse: Thank you. Mark was that discussed with the applicant? Southold Town Planning Board Pa.qe Six May 9, 2005 Mark Terry: Yes. I just want to point out that throughout these subdivision processes, there is a series of negotiations between the Planning Board and the land owner and, of course, land owner to land owner. The Planning Board did recommend in 2004 that both parties get together and use one existing read. It was represented to the Planning Board that this was not a possibility because one party wanted too many conditions associated with that. The Planning Board cannot force the use of someone's read if they are creating lots; that's an impossibility. So, I just want to let the public know that even on the Badenchini subdivision there was a read merger proposed and that was not successful also. So, in fairness of the Planning Board, this was recommended, there wasn't a successful negotiation, and John, if you want to respond to that? John Guido: I don't have that information with me. Mark Terry: OK. But there was, I mean you can acknowledge that there was a ..... John Guido: I am Vice President of Manzi Homes. I believe there was a letter written by Mr. O'Mara suggesting that, but he also suggested that he wanted sort of a T- shaped access, in other words to go to the right to his house, to the left to our homes. Because of the shape of the land and stuff, that was impossible. He wanted some plantings in kind of an undisturbed area that we weren't going to disturb anyway, which was also impossible, so, that's as far as it went. I think that we didn't even investigate the problems that may have come about from Covenants and Restrictions. Mark Terry: Right, as far as the liability goes when you merge two roads, there is liability on one party or the other. But just to again reiterate that in the Planning process, this is a series of negotiations and this is a 25.79-acre parcel. The yield probably could have touched around 10 lots. They are getting four. We are purchasing or the Town is purchasing 17.02 acres, almost all of the agricultural land that currently is fallow. It's not even being farmed. So, if you take into context the development on Oregon Road to a full or standard subdivision, this is not a bad proposal. You cannot force someone to sell 100% of their land. This is a series of negotiations and I personally don't think this is a bad subdivision for the Town to get close to 17.02 acres preserved permanently as well as there are mitigation points that the Planning Board put on it, and that is to screen the homes from Oregon Road to protect the scenic vistas. They are required to put all their street trees as buffers along the front of those homes to mitigate the view shed from Oregon Road as well as certain other clearing restrictions that we impose on these lots. So all in all if you look at what we have to deal with as far as full subdivisions versus this type of subdivision again I don't think this is too bad. Maybe in the future we could do something such as move these lots off Oregon Road, but we do not have the mechanism now and that would be a transfer development rights program. We do not have that mechanism, and when people come in with applications like this, the Planning Board has to react to them. Kevin O'Mara: I guess I would just beg to differ whether there was any negotiation; I sent a letter which you were copied on suggesting that we share the read and asking indeed that we put the date, plant some screening and set the road in a certain way. That was the only "negotiation" that happened. I did not receive any reply to that letter Southold Town Planning Board Page Seven May 9, 2005 and, in fact, followed up with another letter which you were also copied on, saying that I never received a reply to this. So, there was never a negotiation and I am cleady not a read expert, so my proposal for how the read goes was something which I knew was both subject to their views as well as the Planning Board's, and the street departments. Number two, I don't think anyone's saying that it's bad to have 17 acres preserved, but don't think anyone's out there filing now that the moratorium's gone, I don't think anyone's out there filing subdivision applications for standard major subdivisions on Oregon Road using all the land. They're doing this because they know it's sailing through the Planning Board without too much of a hitch. Chairperson Woodhouse: I'd love to see things sail through the Planning Board, but it just doesn't happen that way. While they might seem short term for you, these are issues we are working on many, many hours week after week after week. Kevin O'Mara: No, I know you are working very hard on it, but based on my personal experience it seems to be going very quickly and would seem to be much more controversial than ours, but number four I think it's important to recognize that exactly the point that Darin was making; this is going to be an enormous swath cut through the fields. What we are proposing is to reduce the amount of loss of farm fields. We are open to discuss the format of the road and all that kind of stuff. I'm a lawyer; I understand about liability, I understand all those issues. But I think that Manzi Homes owes to the Town of Southold to have a dialog on these points instead of just basically saying they didn't like the letter so they're not going to talk about it. Period. I don't think that's the kind of neighbors that we should be encouraging in the Town. Chairperson Woodhouse: Is there any reom for negotiation on this roadway? Is it a dead issue? Kevin O'Mara: Actually, I don't know the liability issue though if you go down the middle of both roads. And the drainage we don't even move the catch basins over, it's a simple process to do it. Or possibly the road, again I looked at the subdivision quick, they could move the road over to the west if they wanted to, but I think they have to go around the property and I guess they wouldn't want to go up the middle or meander it up the middle to what, utilize the farmland in the future? Chairperson Woodhouse: I think we would not approve that. Kevin O'Mara: Well what you're saying is the read goes against our read we were told to put in a gravel read drainage, they're putting in a paved read, we're just saying maybe there's a way to make it work, that's all. Not that we're going to stop them from putting in a read. Chairperson Woodhouse: Mr. Guido, is there any room for negotiation on this read issue? Southold Town Planning Board PaRe Ei.qht May 9, 2005 John Guido: The read is not paved, it's a gravel read. And we decided to put street trees in between both roads. And the road is only 25' wide. The right of way is 25', the improved gravel part is 16' wide. So, is there room to do this? Somebody thinks it's not a lengthy process, it has been. And to restart that issue right now I think it would be harmful to us. Chairperson Woodhouse: Is there anyone else who would like to address the Board on this matter?. Yes, ma'am. Laura Solinqer: My husband and two children, soon to be three, live on the western side of the Manzi property, and we live here full time. My concern, although I am appreciative of the fact that they are donating 17 acres of farmland, is that it is my understanding that they are getting a special variance to put in four houses on the sound as opposed to three. Correct me if I am wrong, but I think they only own enough property under what the Town Code at this point says to put in three houses. Is that right? And you're giving them a special variance or dispensation to build four, or am I incorrect? Chairperson Woodhouse: We don't give variances or dispensations. Laura Solin.qer: What would you call it? I don't know. Chairperson Woodhouse: Mark, would you? Mark Terry: Under the new Code, it's 75~25. This does not meet the actual Code per se, it's going through as a standard subdivision, so it doesn't meet the 75% requirement, it's just under. They received a waiver from the Town Board to proceed through under the Moratorium. During the meetings with Legal, the Legal Department has decided that as a standard subdivision due to the closeness of the 75/25 and the waiver from the Town Board can proceed under the new code with no retroactive requirements. So that's why you see four lots. Laura Solinqer: And why did they get the waiver if they are not donating the full 75? Mark Terry: Because they were close to the 75% but the Town Board, based upon the merits of the application felt that it was close enough and therefore received a waiver. But that was way back before August. Laura Solin.qer: But if it is within your power to say "Thank you very much for the donation that you are giving us, and accordingly we are going to give you what we have here without giving you a waiver," why wouldn't you do that, why would you give a waiver to a developer who is someone who is going to come in and put up very big McMansion-style houses, make a lot of money and leave again. Mark Terry: Again, it has to be for sale. It's an art of negotiation with the Planning Board. If he's not offering 75%, we can't buy 75%. Southold Town Planninq Board Paqe Nine May 9, 2005 Laura Solin,qer: Right, but since he's not offering 75%, then why don't you say "then you get your three lots on the sound." Mark Terry: What he did offer qualifies him for the four lots on the sound; the percentage that he's offering. By the way, he did not get any benefits of the conservation subdivision. He pays the full Park and Playground fees. He went through all the standard processes as far as that goes. So, therefore, it's difficult for the Board to say you don't meet 75%, so we want 75%. This is a voluntary program. You folks are going to have to understand that, this is strictly voluntary. And we can't force applicants to go to 75% if they are only willing to sell 69%. Laura Solinger: Right, but it is within your power to say "we are only going to grant you permits for three lots on the sound which is all you are technically entitled to under the amount of beachfront that you own. Correct? Mark Terry: You're talking about clusters. Laura Solinqer: I think we are talking about two different issues. Actually I didn't understand that they were donating less than 75%. Now that I know that, then I think this is an even stronger argument. But he owns enough beachfront to build under your own rules to build three houses. Correct? Mark Terry: Again, that was a negotiation point. We have what we call a "cluster" provision. The cluster provision allows the Planning Board to set lot dimensions lower or smaller than that of the zoning district. So, if you are looking at like 150' width, they actually, the Planning Board has the power to set those dimensions smaller, and that is a good thing because in the long run that preserves more farmland or open space. Laura Solinqer: But you don't have to do that, correct? My question I guess comes down to why is Manzi Homes four plots on the sound when in order to do that you have to give him a waiver. Why not just say "yes sir Mr. Manzi you may have three." Why give him four?. What's in it for anybody here? Mark Terry: Well, I mean the Planning Board reviewed it through the ....... Mr. Trezza? Anthony Trezza: May I answer that? It came in under a standard subdivision, because it didn't meet the conservation subdivision per se. He got a waiver from the Town Board before the new subdivision regulations even went into effect. So we didn't have any new subdivision regulations on the books. However, under a standard, we classified it as a standard subdivision, he would have been entitled to have the full deal, which is more than four lots, it would have been ten, AND required to give up only 50% of open space. That's the requirement. What he chose to do is a reduced density, essentially, and give us a lot more than what we would normally require of all the standards subdivisions that come in. Some come with full density, and If they're not a conservation subdivision, they've got to give us 60%. He's giving us whatever it is and a reduced density, which is a payoff under the standard subdivision regulation. Southold Town Planninq Board Pa.qe Ten May 9, 2005 Laura Solinqer: Well, again, I live right on the sound on the western side of this property and it's my strong feeling that he shouldn't get a waiver to build yet another house squeezed in between my home and Kevin O'Mara's home on the sound there all pretty maids all in a row. I think he should get his permits for the three that he is entitled to and you should thank him very much for the donation - not even for the donation - for the 30 or whatever he is getting thousand dollars for each acre. Thanks. Chairperson Woodhouse: Thank you. Is there anyone else who would like to address the Board on this matter? Anyone on the Board have a question or comment? Martin Sidor: I would take exception to Mr. O'Mara that the conservation subdivision comes across so lightly, if that's the way I read the statement. It is not taken lightly. Your preservation group for Oregon Road, with the utmost respect, is something well understood from the local that has spent his entire life born and raised third generation on Oregon Road. And it does become difficult for me to see the things that are coming on Oregon Road. There is a balancing act there between not just simply neighbor's rights but the landowner's rights. And that is a very difficult call. Your rights, whereas the individual with the three or four lot or the one in between - I don't know the number of lots on this one - are something that comes with much thought and process. I believe the one we are discussing tonight has taken two years. So these are not things that come before us and say: "OK, they're expedited" and we throw them to the process and here they are. That is not the case. I don't believe it is correct to use the analogy that this is what led to Nassau County. I think Nassau County would be only too happy to have a four-lot subdivision and preserve 17 acres. We've learned from all those mistakes to the west of us. I understand that, I think the comment, I don't really want to get into a dialog here, but you mention that, I think you did state that you understood the landowner's rights and that he could build. Where is that line? Where is that balancing act where it's good or bad and how it fits in the community? I just asked a question, is that fair?. Chairperson Woodhouse: I'm going to say that we are getting off the topic. Kevin O'Mara: I would agree with Laura Solinger; it's the three lots that he's allowed to have, not the extra lot. Chairperson Woodhouse: I think you missed the point that in fact he would be allowed to develop many more lots under a standard subdivision and that was part of the negotiation, to keep the number below ten. We wound up with four, and land that was voluntarily preserved, whether or not the development rights were sold for dollars or not, this is a significant chunk of land that was preserved, and the clustering of the lots, while it might not please people who want to see them all on the sound, what it does do is keep one large tract of land undivided with no road down the middle of it, which is what we felt was the best we could get under the circumstances on this particular property. No one wins 100%. On both sides, everybody is a little unhappy. We felt that it was the best deal that we could structure in terms of preservation and respecting the rights of what someone is entitled to do in terms of development. I applaud your Southold Town Plannin.q Board Pa.qe Eleven May 9, 2005 coming here and your vigorous fight on behalf of Oregon Road, and certainly we would like to see you continue that fight and bring it to the attention of the Town Board. There have been discussions about voluntary overlay districts, agricultural districts on Oregon Road. Those will only happen if there is a strong enough force in the community to make this happen. I would continue to urge your fight. But I don't believe your fight is with us here on the Planning Board tonight. I believe we are trying to preserve the land that we can, build the most responsible way we can and encourage people to negotiate. If the two of you could not come to an agreement on a road as was said Dy Mark, we cannot require that you do so. We can encourage you to do so. Martin Sidor: This Oregon Preservation Group, I would love to participate with in the future. I believe I can add something to that. Please get in touch. Kevin O'Mara: I think you know Nancy Butkis who is very much involved. Martin Sidor: We have been in touch, yes. Chairperson Woodhouse: Is there anyone else in the audience who would like to address this? Yes, sir. Tim Steele: I am a neighbor to the west with my wife and two children. And it seems to me that three non-public deals were made on this development. I have never received notice other than this meeting tonight to any input from me as far as increasing number lots they are entitled to on the sound, and I haven't received any notice from the Suffolk County Water Authority that they are going to make a private deal with Mr. Manzi's company to bring water down, and I also haven't received any notice from the Town that allows Mr. Manzi to subdivide off less than 75% of the farm. So, I kind of object to that. I also object to them moving any driveway over to the west side, which would have to snake around behind Switosha's house and farm and along my eastern boundary, which would be Mr. Manzi's western boundary. Thank you. Chairperson Woodhouse: Entertain a motion to close the hearing? Bill Cremers: So moved. Chairperson Woodhouse: All in favor?. Ayes: Ms. Woodhouse, Mr. Cremers, Mr. Edwards, Mr. Sidor, Mr. Solomon. Chairperson Woodhouse: Opposed? The hearing is closed. We have a lengthy resolution. I will ask Mr. Cremers to read carefully all of the parts so that everyone is aware of the various pieces that went into this particular resolution. Southold Town Planning Board Pa.qe Twelve May 9, 2005 Bill Cremers: 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 WHEREAS, the Planning Board will not issue any final approval for the proposed action until an executed contract for the Sale of Development Rights is submitted to this office; and WHEREAS, the Cutchogue Fire District, in a letter dated March 15, 2005, is requiring two fire wells: one located on the corner of Oregon Road and property right-of-way, and one on the corner of the north end of the right-of-way and the E/W right-of-way; and WHEREAS, the Planning Board has reviewed the mitigation measures proposed to control erosion and protect the integrity of the bluff system that include: 1. The planting of the non-vegetated areas on the bluff with the native species American beach grass; and 2. The requirement to construct one common staircase to the beach area; and 3. The creation of a 50' non-grading buffer from top-of-bluff line; and 4. The creation of a 100' non-structural buffer from the top-of-bluff line; and 5. The re-location of native street trees to mitigate the view shed from Oregon Road; and WHEREAS, the Planning Board is in receipt of the response from the County of Suffolk Department of Planning, dated April 6, 2005; and WHEREAS, Conditions 1,2, 3, 4, 5, 6, 7 and 9 are hereby adopted and must be included within the Covenant and Restrictions and Cross Easement; and WHEREAS, Condition 8 has been reviewed and, based upon the recommendation of the Town Engineering Inspector and in consideration with the Town goals to preserve farmland and open space, the condition is overridden; be it therefore RESOLVED, that the Planning Board, in consideration of the above mitigation measure, hereby establishes the clearing limit for each lot as follows: 1. Parcel 1 - 37% or 30,181 sq. ft. cleared of total lot area equal to 136,244 sq. ft.; and 2. Parcel 2 - 35% or 28,489 sq. ft. cleared of total lot area equal to 81,016 sq. ft.; and 3. Parcel 3 - 36% or 27,336 sq. ft. cleared of total lot area equal to 75,738 sq. ft.; and 4. Parcel 4 - 35% or 24,607 sq. ft. cleared of total lot area equal to 70,383 sq.; and Southold Town Planning Board Pa,qe Thirteen May 91 2005 Ken 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. Continue. Bill Cremers: RESOLVED, that the Southold Town Planning Board adopt the report from the Town Engineering Inspector, dated April 28, 2005, with the following notations: 1. Item 4. Due to the land use of this and surrounding parcels, the required installation of 101 street trees is hereby waived. The street trees will be relocated to supplement the vegetative buffers along the southern property lines of Lots 1 through 4. 2. Item 5. The requirement of street lights is inconsistent with the character and land use of the area and is hereby waived; and be it further Ken 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. Continue. Bill Cremers: and be it further RESOLVED, that the Southold Planning Board adopt the bond estimate, dated April 27, 2005, as determined by the Office of the Town Engineer for improvements in the amount of $164,245.00 and an administrative fee in the amount of $9,854.70, Ken 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. Continue. Bill Cremers: and be it further RESOLVED, that the Southold Town Planning Board grant conditional final approval on the plat, dated as revised March 22, 2005, subject to the following conditions. The conditions must be met within six (6) months of the resolution: The following items remain outstanding and must be submitted in order to proceed to final approval: Southold Town Plannin.q Board Pa.qe Fourteen May 9, 2005 The submission of a Letter of Water Availability from the Suffolk County Water Authority. The submission of a performance guarantee for improvements in the amount of $164,245.00 and an administrative fee in the amount of $9,854.70 to this office. 3. Provide the Planning Board with a General Permit for Storm-water Runoff from Construction Activity (GP-02-01) or include the following language in the Covenant and Restriction: "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 New York State Department of Environmental Protection (DEC) under the Phase II State Pollutant Discharge Elimination System (SPDES) Program." Please contact the DEC at 518-402- 8265 for permitting information. 4. The Planning Board is questioning the survivability of the proposed Red Oak trees along the right-of-way and is requesting a (Iow-growing species) as an alternative species more suitable to the environmental conditions. Show the electric fire wells on the map as specified. In the NOTE section on the plat, omit Note Number 2; it is redundant with the Covenant and Restriction language. In the NOTE section on the plat, omit the language "but clearing of natural vegetation between the 50' setback and the 100' setback from bluff will be allowed". Clearing is restricted to the limits of clearing as depicted on the site plans for each lot. 8. Please amend the mapped Covenant and Restrictions language as follows: a. Check for misspellings b. Clause k: Replace the word "lot" with "parcel". c. Clause g: Add "following the sale of development rights". 9. Please amend the Cross Easement language as follows: a. Third paragraph, line 15, replace: "that be" prior to ... prohibited...with "shall be". b, Replace all reference to "lots" with "parcel". c. The distances as specified in Schedule C Metes and Bounds Description for the Cross Easement are not consistent with the plat, amend. d. Although the maintenance costs are pro-rated between the four pamels, no entity has been identified who is responsible for collection or managing any maintenance activities. Please designate the responsible entity. Southold Town Plannin.q Board Pa.qe Fifteen May 9, 2005 10. Please provide the amended Covenant and Restriction and Cross Easements as separate documents. The map language and document language must coincide. 11. All lot lines must be shown as solid lines on the map. 12. As discussed, the tree clearing and stair construction will require a Tidal Wetland Permit from the New York State Department of Environmental Conservation and permit from the Town of Southold Town Trustees. Ken Edwards: Second the motion. Chairperson Woodhouse: All in favo~ Ayes: Ms. Woodhouse, Mr. Cremers, Mr. Edwards, Mr. Sidor, Mr. Solomon. Chairperson Woodhouse: Opposed? And the motion carries. Chairperson Woodhouse: The second hearing this evening is the Cutchogue Business Center. I will publicly recuse myself. My partner and I are tenants in this building, and I will turn the meeting over to Mr. Cremers. Martin Sidor: I too will be recusing myself being a tenant in the building. Bill Cremers: 6:43 p.m. - CutchoRue 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 slwlslo the intersection of Oregon Road and Cox Lane in Cutchogue. SCTM#1000-83-3-4.6 Is there anybody who would like to speak on this matter?. Hearing none, are there any questions from the Board? None? I will take a motion to close the hearing. Ken Edwards: So moved. Georqe Solomon: Second. Bill Cremers: Motion made. All in favor? Ayes: Ms. Woodhouse, Mr. Cremers, Mr. Edwards, Mr. Sidor, Mr. Solomon. Bill Cremers: Motion carries. Bruno Semon: Mr. co-Chairman, can you include the five items that are under the "Whereas" in 2b, or at least 4 and 5? Southold Town Plannin.q Board Pa.qe Sixteen May 91 2005 Bill Cremers: George, you want to do it? Geor.qe Solomon: Sure. WHEREAS, the proposed amended site plan is 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/c/o of Oregon Road and Cox Lane in Cutchogue, SCTM#1000-83-3-4.6; and WHEREAS, the applicant, North Fork Resources, Inc., proposes the amended site plan; and WHEREAS, the North Fork Resources, Inc. is the owner of the respective property; and WHEREAS, the agent, Ronald Hill of RLH Land Planning Services, Inc. proposed the amended site plan for the applicant and owner; and WHEREAS, on July 12, 2004, a formal amended site plan application was submitted for approval; and WHEREAS, on March 3, 2005, the Architectural Review Committee reviewed the Architectural drawings, associated site plan materials and accepted the materials pending submittal of sign lighting as indicated at the August 3, 2004 meeting, the Planning Board has accepted this recommendation; and WHEREAS, on March 15, 2005, the Cutchogue Fire District recommended that no additional fire well is needed and the Planning Board has accepted this recommendation; and WHEREAS, on March 22, 2005, the Southold Town Building Inspector reviewed and certified the site plan for "offices, storage, food processing and auto repair shop"" use; and WHEREAS, on April 11, 2005, the Southold Town Engineering Inspector reviewed and approved the proposed drainage with conditions and the Planning Board has accepted his recommendation; and WHEREAS, on April 12, 2005, 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 five items are incorporated and included in the site plan: Southold Town Planninq Board Page Seventeen May 91 2005 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 the Southold Town Building Inspector. At such time that the commercial properties adjoining the subject property are the subject of an approved site plan, a cross-over be permitted to the adjoining parking area, at the discretion of the Planning Board, if warranted. 4. All slopes greater than 1 on 3, immediately adjacent to the proposed infiltration strip, should be stabilized with ground cover vegetation or grass. The site plan approval does not include any site disturbance, including excavations or regrading of this site other than the items that are shown on the grading and drainage plan; 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 RLH Land Planning Services, Inc. and certified by Rosseth Perchik, Registered Architect, dated January 22, 2005 and last revised February 1, 2005, subject to fulfillment of the following requirements: 1. Approval from Suffolk County Department of Health Services. Submittal to the Planning Department of all items requested by the Architectural Review Committee (ARC) on August 3, 2004 and review by the ARC. Ken Edwards: Second the motion. Bill Cremers: Motion made and seconded. All in favor?. Ayes: Mr. Cremers, Mr. Sidor, Mr. Solomon. Bill Cremers: Opposed? Motion carries. Now we can get the Chairman back in again. Southold Town Plannin.q Board Pa.qe Ei.qhteen May 9, 2005 Chairperson Woodhouse: 6:47 p.m. - Edward Booth: This cluster conservation subdivision includes the merger of SCTM#1000-51-2-7 with SCTM#1000-51-2-8. The proposal is to subdivide the 28.36-acre parcel into three lots where Lot 1 equals 24.8647 acres, including a 3-acre building lot and a development rights sale of 21.8647 acres to the Town of Southold; Lot 2 equals 1.5 acres; and Lot 3 equals 2 acres. The property is located n/o CR 48, w/o Mt. Beulah Avenue and s/o Sound Avenue in Southold. SCTM#1000-51-2-7 & 8 We have four letters in our files in favor of this subdivision. I will ask if there is anyone here who would like to address the Board on this application to please come forward. Marc Wiederly: Good evening. I want to just start off commending you for the work that you all do. I am not speaking in opposition to the project. My concern is the way it's drawn out. As someone who has grown up in the town, my wife born and raised here, her father, you know, we've seen a lot of changes as you have in the Town. Mt. Beulah has always been a special place for us. My wife and I used to go and have picnic lunches and sit under the trees. My father-in-law remembers when it was the Cosden driveway. My wife remembers on the school bus, the bull pasture, where our house now sits. I would be the last pereon to speak against an individual's rights to develop what they can do with their property. I think Mr. Booth's gesture and the Town in preserving a portion of that property is great. I mean, driving up Mt. Beulah has always been the picturesque emptiness of what was a golf course at one time. The only, the "but" that I have is the location of the lots. Ideally, I would love to see two alternative plans: (1) have the three lots together on the backside of the property so that as you drive up Mt. Beulah, your view will be of the pristine property as it speaks. In the alternative, if that does not work out, is to situate the lots areund the existing house that's on Old North Road, so that the frontage would be on Old North Road entirely, so that as you come up Mt. Beulah, you again, you will have houses on Old North Road, but Mt. Beulah and Sound View Avenue will remain pristine and uninhabited. I hope that the Town, you know rumor has it that years ago, Mr. Cosden offered the Town his home for a Town Hall. And that the Town at that time said it would be too costly a venture. What a magnificent site that would have been. You know, I think the Town made a mistake 60 years ago. I hope we don't make another mistake and ruin the vista and pristine area that is Mt. Beulah and Sound View Avenue. Thank you. Chairperson Woodhouse: Thank you. Marian Sumner: I'm from Peconic Land Trust speaking in favor of the project. We certainly support the conservation plan. The Booths are protecting 77% of the property voluntarily in perpetuity. The Booths had as of right the ability to develop two lots on the property. This plan only creates one additional lot and it also protects the scenic vista from the very heavily traveled Sound View Avenue as well as a good scenic vista into the property from North Road. Chairperson Woodhouse: Is there anyone else who would like to address the Board? Southold Town Plannin.q Board Pa.qe Nineteen May 9, 2005 Chris Wruck: I live on Mt. Beulah Avenue. Unfortunately, I did not have the gmat pleasure of growing up and spending my whole life here, but when we look at our property, that we bought on Mt. Beulah Avenue and built our home, it was the vista of Mt. Beulah that really was the selling point. I think as the people from Oregon Road felt, we love the beautiful bucolic nature of the area and we hate to see that take away. I agree with Marc that possibly somehow where there are all houses, if a house could be built there it would be, well we would just love it better. I am sure that's entirely up to Mr. Booth and he can do what he wants with his property naturally, but we just would hope that maybe some other plan could be arranged. We also have a lot of traffic on Mt. Beulah and we really don't want to have any more if possible. Basically all I have to say. We just really would love to see the integrity of the street maintained the way it is. Chairperson Woodhouse: Thank you. Ed Booth: I wrote out a few notes. First of all, I think it's an exemplary conservation subdivision. I really thought it was somewhat higher in the reduction of density, I think 87% density reduction and about 80% conservation of land. I think that those who are not familiar with the new subdivision law should know that the requirements for a conservation subdivision are far less than that: 75% being what you heard tonight, and there's another one: 80/60, that is to say 80% land preservation, 60% density reduction. By the way, the 75/75 is equivalent to ten-acre zoning, by my calculations, and the 80/60 is like five-acre zoning. So I don't know what our equivalent zoning is, but I suppose 20 acres or something like that. In any case, you are never going to see, folks, up there and back there, a better subdivision unless it's 100%, because don't forget we are getting one new lot. So that's for the subdivision itself. Now, this is where the rubber meets the road. I mean, the choice of the lots. Somebody has to look at a lot, we can't put them all in the middle, there is one in the middle - a big one. And, you know you can say well folks on Old North Road, they're going to have to take a chop, or maybe it's the people on Mt. Beulah. But what we did was to: first of all, Pat and I, my wife and I and the family, we asked what we wanted. And you ought to look at it from the inside, from our point of view, as well as from the outside. What you are seeing there in the proposal is being driven by the fact there's already the house, the old Sander house on Old North Road. And we wanted to cluster lots around that, so that's where you start. And we got rid of the house which is opposite, I think Martha Kaplan's place, along Sound View Avenue, so that's a clear sweep. We would like to have the view shed, as they call it here colloquially, from three sides. You can see it from Sound View, you can see it, not all the way, but you can see it 2/3 of the way down Mt. Beulah with our plan. And you can also see it up from Old North Road. So that's one of the attractive features in my mind to the plan. But here is the difficulty: when we try to accommodate the neighbors who of course have concerns about what they are going to be looking at instead of what they had been looking at. And that is the arrangement of the building lots is in accord with our estate plan for our four children. And if we don't have that arrangement, we will fully develop, as rapidly as possible, while I'm around to do it. So, it's not a threat, it's a promise. Thank you. Chairperson Woodhouse: Yes, sir? Southold Town Planninq Board Page Twenty May 9, 2005 Ray Huntinqton, Cutchoque: Perhaps more for the record than anything else, a landowner has an option to do two things, essentially, with his property, if it's a large tract. He can develop it as a conservation subdivision or he can develop it as a standard subdivision. There are rules for each way. These rules are relatively new. They are about I guess 18 months old perhaps right now. They were put in place to clarify land use. They were also put in place to benefit the potential preservation of the Town. So, when a landowner faces that choice, I guess there's a third choice too, he can do nothing, that's fine, too. But if you are going to do something with your land, which is your right to do, you can pick either the standard subdivision or the conservation subdivision. I won't get into this because it's not germane, I guess. But in the previous hearing, we didn't make it quite clear I think what the rules are in each case. I think we should make that clear here because Dr. Booth has been very careful in his planning, he has been working on this idea for at least three years that I know of. He chose to use the conservation subdivision that allows the Town and he to make an agreement to purchase part of the property as preserved land. I think at this point, with all the study that has been going on and with the understanding that we have a Town Code that provides for these two options if you are going to develop, we need to understand further that if we have problems with those two options, the thing to be fixed is the Town Code itself, the subdivision regulation itself, and to make adjustments there to better reflect what the community wants to see. Your job of course is to administer the details of land use from a planning perspective. Dr. Booth's job is to see that his land is used as wisely as he knows how to do it and I think he has done a good job of that. I think we as a community are very lucky that Dr. Booth is a conservationist because that's the tack he has been on in his planning. Thank you. Chairperson Woodhouse: Thank you. Corinne Donopria, Old North Road, Southold: I am a neighbor of Dr. Booth for 50 years, and the children. I feel personally as, I am sure many residents around this area that we live, that if Dr. Booth wishes this for his family and himself, I certainly would not stand in the way. As a matter of fact, I would ask Dr. Booth if he would address the mike again, perhaps on the feasibility of why he chose these sites for these homes, so the people living who addressed negatively or slightly negatively tonight and are concerned about Mt. Beulah, would understand more about his intent. Thank you. Chairperson Woodhouse: Thank you. Joy Domino, Southold: My family and I speak out in support of Mr. Booth's effort to do what is right for his family, the neighborhood and Southold Town. We know the Booth family has been here for generations. That is why we are so impressed by their truly generous act. Generous because we imagine they could sell at a much higher price to what any one of a dozen builders now actively buying land for future development by selling their development rights, the Booth family has chosen to preserve open space, habitat, our neighborhood's greatest asset, and help control growth and taxes all at the same time. When we moved here, we never expected that the land across the street would remain the way it is, unchanged forever. And it's wonderful to think that most of it Southold Town Plannin,q Board Pa.qe Twenty-One May 9, 2005 will stay that way because of this proposal. We have tried to understand what could possibly motivate anyone to oppose this subdivision. What would they prefer instead, 10-12 houses instead of the three? Twenty-eight acres developed instead of 6.5? Do we really want to see 30 more vehicles using our roads? Wells drawing from our groundwater?. Cesspools leaching contaminates onto the same resource? There are no negatives in this. What the Booth family is doing is for his family and for Southold Town and we commend them. Chairperson Woodhouse: Thank you. Is there anyone else who would like to address the Board? Harriet Donoprial Old North Road1 Southold: I have property that adjoins Mr. Booth's property. And I think we should all be here standing up and applauding the job/project that he has endeavored to get accomplished here. My husband bought our property 50 years ago; I have been here 35 years. I remember walking up Mt. Beulah when the (inaudible) house was not there. There were no houses on that side of Mt. Beulah. But I see the way the Mr. Booth plans these homes, It would be fair and square to everyone in the neighborhood. We know this has to come. The vista will still be intact from Old North Road. The vista will still be intact from Sound View. The vista will still be mostly intact from Mt. Beulah. I don't think anyone could ask for anything more, and I think he should be commended. Thank you. Chairperson Woodhouse: Thank you. Is there anyone else? Mike Domino, Old North Road: I did the calculations when I first looked at this. I believe it's an 80% reduction in the preservation and something like 75% reduction in population density. I think that's in line with what most of the people in Southold have endorsed for the last decade or so. There's another benefit to this as I see it. I don't believe there are any sanitary flow credits involved in this. Therefore, there won't be a greater density somewhere else in the Town. So, I want to commend this family for doing what's good not just for the neighborhood, but for the Town in general. It's hard to imagine where the Town would go if we keep dividing and subdividing lands without a true comprehensive master plan. It's something I would like to see. But this particular application doesn't violate the 80/60 principle endorsed by the Blue Ribbon Commission and again most Southold residents. I would also like to point out that Mt. Beulah itself, the trees on Mt. Beulah are Norway maples that were planted there and they're dying off because they've reached in most cases their maturity. When I was Chairman of the Tree Committee, I worked hard to make sure that they were replaced. It's not really a pristine neighborhood, and it takes a lot of work to keep it that way. I hope that it stays that way, and I hope that the future Tree Committee does their best to keep it that way, too. Thank you for all your time. Chairperson Woodhouse: Thank you. Anyone else? Hearing none, I will entertain a motion to close the hearing. Ken Edwards: So moved. Southold Town Planninq Board Paqe Twenty-Two May 9, 2005 Bill Cremers: Second. Chairperson Woodhouse: All in favor? Ayes: Ms. Woodhouse, Mr. Cremers, Mr. Edwards, Mr. Solomon. Chairperson Woodhouse: The hearing is closed. Ken Edwards: Madame Chairwoman, I would like to entertain the following motion: WHEREAS, this proposal, which includes the merger of SCTM#1000-51-2-7 with SCTM#1000-51-2-8, is for a cluster conservation subdivision to subdivide a 28.36-acre parcel into three lots where Lot 2 equals 1.5 acres; Lot 3 equals 2 acres; and Lot 1 equals 24.8647 acres upon which the Development Rights on 21.8647 acres are proposed to be sold to the Town of Southold; and WHEREAS, the Southold Town Planning Board granted conditional sketch plan approval on October 14, 2003 on the plat dated June 20, 2003; and WHEREAS, the Southold Town Planning Board granted an extension of time for sketch approval from October 14, 2004 until October 14, 2005; and WHEREAS, the Health Department approved the subdivision on April 8, 2005; be it therefore RESOLVED, that the Southold Town Planning Board grants conditional final approval upon the plat prepared by Peconic Surveyors, PC, dated June 20, 2003 and last revised on March 30, 2005, subject to the following conditions: 1. Submission of Declaration of Covenants and Restrictions limiting access to the 3-acre building area on Lot 1 to the existing 20'-wide right-of-way and limiting access to Lots 2 and 3 from Mt. Beulah Avenue. 2. Payment of the Park and Playground Fee in the amount of $3,500. 3. Submission of 5 mylar and 8 paper plats with Suffolk County Department of Health approval stamp; Bill Cremers: Second. Chairperson Woodhouse: All in favor? Ayes: Ms. Woodhouse, Mr. Cremers, Mr. Edwards, Mr. Sidor, Mr. Solomon. Chairperson Woodhouse: Opposed? This motion carries. Ken Edwards: Be it further RESOLVED, that the Planning Board cannot issue final approval until an executed Contract of Sale for Development Rights has been submitted to this office. Southold Town Planning Board Pa,qe Twenty-Three May 9, 2005 Bill Cremers: Second. Chairperson Woodhouse: All in favor?. Ayes: Ms. Woodhouse, Mr. Cremers, Mr. Edwards, Mr. Sidor, Mr. Solomon. Chairperson Woodhouse: Opposed? This motion carries. Thank you. And thank you, Mr. Booth and family. Hearings Held Over From Previous Meetings: Chairperson Woodhouse: The next two resolutions deal with hearings that have been held over from previous meetings. Chairperson Woodhouse: North Fork Deli (Bremer's 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 George, would you read the resolution? George Solomon: Be it RESOLVED that the Southold Town Planning Board hereby holds the public hearing for North Fork Deli open. 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. Chairperson Woodhouse: Silver Nail Vineyards - This 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 north side of NYS Route 25 approximately 3,612' east of Peconic Lane, in Southold. SCTM#1000-75-2-15.1 & 15.2 Ken Edwards: I move that the Southold Town Planning Board hold the public hearing for Silver Nail Vineyards open. Bill Cremers: Second. Chairperson Woodhouse: All in favor? Southold Town Plannin,q Board Pa,qe Twenty-Four May 91 2005 Ayes: Ms. Woodhouse, Mr. Cremers, Mr. Edwards, Mr. Sidor, Mr. Solomon. Chairperson Woodhouse: Opposed? And that motion carries. CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE- SUBDIVISIONS (Lot Line Changes) Final Determinations: Chairperson Woodhouse: Beebe, Constance - This proposal is to re-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 lot line change, 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 n/s/o NYS Route 25, approximately 519' w/o AIvah's Lane, in Cutchogue. SCTM#1000-109-1-18,19 & 20.1 WHEREAS, this proposal is to re-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 lot line change, 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 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 issued conditional final approval on April 11,2005 on the map prepared by Joseph Ingegno, LS, dated October 28, 2003 and last revised March 25, 2005; and WHEREAS, the applicant has submitted copies of the filed deeds as required by the conditional final approval; be it therefore RESOLVED, that the Southold Town Planning Board grant final approval upon the map prepared by Joseph Ingegno, LS, dated October 28, 2003 and last revised March 25, 2005, and authorize the Chairperson to endorse the surveys. .Bill Cremers: Second. Chairperson Woodhouse: All in favor?. Ayes: Ms. Woodhouse, Mr. Cremers, Mr. Edwards, Mr. Sidor, Mr. Solomon. Chairperson Woodhouse: Opposed? That motion carries. Southold Town Planning Board Pa.qe Twenty-Five May 9, 2005 Chairperson Woodhouse: Ghassemi, Sy and Catherine - This proposed cluster standard subdivision subdivides a 1.087-acre improved parcel (Lot I), with an existing residential dwelling, from a 32.8503-acre parcel (Lot 2). The property is located on the n/s/o Main Road, 831.67' w/o the intersection of Main Road and Rocky Point Road in East Marion. SCTM#1000-31-1-1 Ken Edwards: I would like to entertain the following motion: WHEREAS, this proposed cluster standard subdivision proposes to subdivide a 1.087 acre improved parcel (Lot 1) with an existing residential dwelling, from a 32.8503 acre parcel (Lot 2); and WHEREAS, upon any future subdivision of the parcel, only 30.703 acres may be used to calculate the actual yield; and WHEREAS, Lot 1 is subject to a 25' right-of-way over Lot 1 to provide ingress and egress to Lot 2; and WHEREAS, on May 21,2004, the New York State Department of Transportation issued a Highway Work Permit #10-03-0414; and WHEREAS, a Covenant and Restriction was filed on the property on April 19, 2005 in Liber D00012382 and Page 930; and WHEREAS, the Suffolk County Department of Health issued approval for the action on April 11, 2003 and updated the approval on February 10, 2005; and WHEREAS, the Southold Town Planning Board granted conditional final approval on June 9, 2003 and all conditions have been met; and WHEREAS, two extensions of conditional final approval were granted by the Planning Board; be it therefore RESOLVED, that the Southold Town Planning Board grant final approval on the maps, dated December 15, 2002 and last revised March 31, 2003. Chairperson Woodhouse: All in favor? Ayes: Ms. Woodhouse, Mr. Cremers, Mr. Edwards, Mr. Sidor, Mr. Solomon. Chairperson Woodhouse: Opposed? The motion carries. Chairperson Woodhouse: Mullen Motors - This proposal is for a lot line change transferring 8,551 sq. ft. from SCTM#1000-62-3-22.1 to SCTM#1000-62-3-20 and merging SCTM#1000-62-3-19 with SCTM#1000-62-3-20. The property is located on the southwest corner of NYS Route 25 and Locust Avenue, approximately 330' west of Town Harbor Lane, in Southold. Southold Town Planninq Board Pa.qe Twenty-Six May 9, 2005 Bill Cremers: I will offer the following: WHEREAS, this proposal is for a lot line change which will transfer 8,551 sq. ft. from SCTM#1000-62-3-22.1 to SCTM#1000-62-3-20 and merge SCTM#1000-62-3-19 with SCTM#1000-62-3-20; and WHEREAS, following the transfer and merger, SCTM#1000-62-3-22.1 will equal 21,355 sq. ft. and SCTM#1000-62-3-20 will equal 44,152 sq. ft; and WHEREAS, the Southold Town Planning Board, acting under the State Environmental Quality Review Act, made a determination of non-significance and granted a Negative Declaration on January 10, 2005 for the proposed action; and WHEREAS, the Southold Town Planning Board waived the public hearing for this project on January 10, 2005; and WHEREAS, the Southold Town Planning Board issued conditional final approval on January 10, 2005, upon the map prepared by Peconic Surveyors, PC, dated June 9, 2004 and last revised July 30, 2004; and WHEREAS, the applicant has submitted a revised map and copies of the recorded deed in accordance with the conditions of conditional final approval; be it therefore Be it RESOLVED, that the Southold Town Planning Board grant final approval upon the map prepared by Peconic Surveyom, PC, dated June 9, 2004 and last revised February 2, 2005, and authorize the Chairperson to endorse the final surveys. 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: Reilly/Brittman - This proposal is to merge a vacant 24,727 sq. ft. lot (SCTM#1000-78-2-11 ) with the improved property to the north and the improved property to the south where, following the transfer, Pamel 1 (SCTM#1000-78-2-10) equals 35,503 sq. ft. and Parcel 2 (SCTM#1000-78-2-12) equals 37,376 sq. ft. The property is located on the s/e corner of Main Bayview Road and Glenn Road in Southold. Bill Cremers: I will offer the following: WHEREAS, this proposal is to merge a vacant 24,727 sq. ft. lot (SCTM#1000-78-2-11 ) with the improved property to the north and the improved property to the south where, following the transfer, Parcel 1 (SCTM#1000-78- 2-10) equals 35,503 sq. ft. and Parcel 2 (SCTM#1000-78-2-12) equals 37,376 sq. ft.; and Southold Town Planninq Board PaRe Twenty-Seven May 9, 2005 WHEREAS, the Southold Town Planning Board received an application for the lot line change on March 4, 2005 and reviewed said application at their Work Session on March 21, 2005; and WHEREAS, in a letter, dated April 20, 2005, the Building Department determined that no variances from the Zoning Board of Appeals are required for this project; 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; Ken 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. Bill Cremers: be it further RESOLVED, that the Southold Town Planning Board finds that because the proposal is to eliminate one building lot, the public hearing requirement for this project is hereby waived; Ken 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. Bill Cremers: and be it further RESOLVED, that the Southold Town Planning Board finds that because the proposal is to eliminate one building lot, the public hearing requirement for this project is hereby waived; Ken 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. Southold Town Planninq Board Paqe Twenty-Ei.qht May 9, 2005 Bill Cremers: 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 November 9, 2004, subject to the following conditions: 1. The filing of new deeds with the Office of the Suffolk County Clerk pertaining to the lot line change and, upon filing, submission of a copy to this office. 2. Submission of five (5) additional copies of the survey. Ken 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. Setting of Preliminary Hearings: 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 and Lot 2 equals 20.4004 acres. The property is located on the w/s/o Youngs Avenue and the e/s/o Horton Lane in Southold. SCTM#1000-63-1-25 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; be it therefore RESOLVED, that the Southold Town Planning Board set Monday, June 13, 2005, at 6:00 p.m. for a preliminary public hearing on the standard subdivision plat dated October 22, 2003 and last revised April 20, 2004. Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes: Ms. Woodhouse, Mr. Cremers, Mr. Edwards, Mr. Sidor, Mr. Solomon. Chairperson Woodhouse: Opposed? The motion carries. Sketch Extensions: Chairperson Woodhouse: Dubner, Steven - This proposal is for a conservation subdivision to subdivide a 53.77-acre parcel into five lots where Lot 1 equals 46.17 Southold Town Planninq Board Pa.qe Twenty-Nine May 9, 2005 acres, Lot 2 equals 3 acres, Lot 3 equals 1.5 acres, Lot 4 equals 1.5 acres and Lot 5 equals 1.6 acres in the A-C Zoning District. The property is located s/o County Road 48 and e/o Cox's Lane in Cutchogue. SCTM#'s 1000-84-4-6.1 and 7.1 Ken Edwards: I will entertain the following motion: WHEREAS, this proposal is for a Conservation Subdivision to subdivide a 53.77-acre parcel into five lots where Lot 1 equals 46.17 acres, Lot 2 equals 3 acres, Lot 3 equals 1.5 acres, Lot 4 equals 1.5 acres and Lot 5 equals 1.6 acres in the A-C Zoning District; and WHEREAS, the Development Rights are proposed to be sold to the Town of Southold upon 46.17 acres (Lot 1); and WHEREAS, on September 13, 2004, the Southold Town Planning Board granted conditional sketch approval upon the map prepared by John C. Ehlers, LS dated as last revised September 5, 2003; and WHEREAS, by letter dated April 28, 2005, the applicant has requested an extension of time for sketch approval as additional time is needed to meet all of the conditions; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants a retroactive extension of time of sketch approval from March 13, 2005 until September 13, 2005. Bill Cremers: Second. Chairperson Woodhouse: All in favor? Ayes: Ms. Woodhouse, Mr. Cremers, Mr. Edwards, Mr. Sidor, Mr. Solomon. Chairperson Woodhouse: Opposed? The motion carries. Flower Hill Building Corp. - 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.ff, in the A-C/R-O Zoning Districts. The property is located n/o Ackerly Pond Road and w/o NYS Route 25 in Southold. SCTM#1000-69-3-10.1 Bill Cremers: WHEREAS, this proposed Conservation Subdivision is for 5 lots on 27.15 acres where Lot 1 equals a 23.96 acre Development Rights 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; and WHEREAS, the proposal meets the conservation subdivision criteria and is hereby classified as a Conservation Subdivision; be it therefore Southold Town Planninq Board Pa.qe Thirty May 9, 2005 Be it RESOLVED, that the Southold Town Trustees, in a letter dated May 3, 2005, is requiring that the wetland area in the southeast section of the property be shown upon the final plat Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes: Ms. VVoodhouse, Mr. Cremers, Mr. Edwards, Mr. Sidor, Mr. Solomon. Chairperson Woodhouse: Opposed? The motion carries. Bill Cremers: And be it further RESOLVED, that the Southold Town Planning Board acknowledges that Development Rights are proposed to be sold in this area; Ken 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. Bill Cremers: And be it further RESOLVED, that the Southold Town Planning Board establishes itself as lead agency, and as lead agency, issues a Negative Declaration for the action; Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes: Ms. Woodhouse, Mr. Cremers, Mr. Edwards, Mr. Sidor, Mr. Solomon. Chairperson VVoodhouse: Opposed? The motion carries. Biill Cremers: and be it further RESOLVED, that the Southold Town Planning Board grant conditional sketch plan approval on the map, dated as last revised March 10, 2005, subject to the following conditions and amendments to the final plat: 1. Amend the final plat to show all the wetland areas. 2. As agreed upon in the April 19, 2005 letter, please amend the map to re-locate the driveway that accesses the building envelope on Lot 1 to abut the northern parcel boundary. 3. Label Lot 1: "Development Rights to be Sold to the Town of Southold". Southold Town Planning Board Pa.qe Thirty-One May 9, 2005 4. Pursuant to Chapter A106-56, delineate clearing limits on Lots 2 through 5. 5. Please show building envelopes on Lots 2 through 5. Please include a notation on the final plat stating "Cluster open space is equal to 4.43 acres and is included within Lot 1". In addition, please submit a draft Covenant and Restriction stating such. Provide the Planning Board with a General Permit for Storm-water Runoff from Construction Activity (GP-02-01) or include the following language in the Covenant and Restriction "Prior to any construction activity, the project will require a Genera/Permit for Storm-water Runoff from Construction Activity (GP- 02-01) administered by the New York State Department of Environmental Protection (DEC) under the Phase II State Pollutant Discharge Elimination System (SPDES) Program." Please contact the DEC at 518-402-8265 for permitting information. 8. Submit 6 copies of a draft Road and Maintenance Plan and draft Cost Estimate for all improvements including the 50' right-of-way and 28' paved road. 9. Submit a letter of water availability from the Suffolk County Water Authority. 10. Submit a permit or letter of non-jurisdiction from The Town of Southold Trustees and the New York State Department of Environmental Conservation for the action. 11 .Submit all final plat technical requirements as specified in Chapter A106 Section A106-25, Technical Requirements; Ken 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. Bill Cremers: And be it further RESOLVED, that the Planning Board cannot issue final approval until an executed Contract of Sale for Development Rights has been submitted to this office. Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor?. Ayes: Ms. Woodhouse, Mr. Cremers, Mr. Edwards, Mr. Sidor, Mr. Solomon.. Southold Town Plannin.q Board Pa.qe Thirty-Two May 9, 2005 Chairperson Woodhouse: Opposed? That motion carries. Review of Reports: Chairperson Woodhouse: Badenchini, Lui~li/Ore.qon Landin.q II - 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 n/s/o Oregon Road, approximately 135' w/o Alvah's Lane, in Cutchogue. SCTM# 1000-95-1-5 Martin Sidor: WHEREAS, this proposed conservation subdivision 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 will 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 is in receipt of the response from the County of Suffolk Department of Planning, dated April 6, 2005; and WHEREAS, Conditions 1,2, 3, 4, 5, 6 and 8 are hereby adopted and must be included within the Covenant and Restrictions; and WHEREAS, Condition 7 has been reviewed and, based upon the recommendation of the Town Engineering Inspector and in consideration with the Town's goals to preserve farmland and open space, the Planning Board overrides the condition; and WHEREAS, the Cutchogue Fire District, in a letter dated March 15, 2005, ruled that a fire well is not required; be it therefore RESOLVED, that the Southold Town Planning Board adopt the report from the Town Engineering Inspector, dated April 4, 2005, with the following notations: 1. Item 6. Due to the land use of this and surrounding parcels, together with the fact that the proposed development of lots will not impact the existing tree line on Lot 5, the installation of the required 184 street trees is hereby waived. This waiver does not include the 25 trees appropriated to the buffer between the subject parcel right-of-way and the Robert Schrieber parcel. Southold Town Planninq Board Pa.qe Thirty-Three May 9, 2005 2. Item 7. The requirement of street lights is inconsistent with the character and land use of the area and s hereby wa red Ken 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. Martin Sidor: and be it further RESOLVED, that the Southold Town Planning Board adopt the bond estimate, dated April 4, 2005, in the amount of $290,589.00 and the 6% administrative fee in the amount of $17,435.34 for the action; Ken 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. Martin Sidor: and be it further RESOLVED, that the Southold Town Planning Board is requiring that a clause be included within the Covenant and Restrictions that prohibits clearing of the existing woods/vegetation in the northern area of Lot 5. Ken 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 Extensions: Chairperson Woodhouse: Breezy Sound Corp. - This site plan is for a 68-unit motel complex on a 7.62-acre pamel in the RR Zone located 285' east of Chapel Lane on the north side of CR 48 and known as 61475 CR 48 in Greenport. SCTM#1000-45-1-2.1 Southold Town Planninq Board Page Thirty-Four May 9, 2005 George Solomon: WHEREAS, this proposed 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; 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 sought to extend the April 14, 2004 conditional final approval to October 14, 2004 and such approval was granted on December 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 RESOLVED that the Southold Town Planning Board grant an additional six-month extension from April 14, 2005 to October 17, 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: - Review and approval by the Suffolk County Department of Health Services Ken 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. Southold Town Planninq Board Pa.qe Thirty-Five May 9, 2005 SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Type II Actions: Chairperson Woodhouse: Moore Law Office - This site plan is for an alteration and addition of 2,100 sq. ft. to the existing office with a 700 sq. ft. apartment on a 0.92-acre parcel in the RO Zone located on the e/s/o NYS Road 25, approximately 783' n/o the intersection with Jockey Creek Drive, known as 51020 NYS Road 25, in Southold. SCTM #1000-70-2-8 Bill Cremers: I will offer the following: WHEREAS, the site plan is for an alteration and addition of 2,100 sq. ft. to the existing office with a 700 sq. ft. apartment on a 0.92-acre parcel in the RO Zone, located on the e/s/o NYS Road 25, approximately 783' n/o the intersection with Jockey Creek Drive, known as 51020 NYS Road 25, in Southold. SCTM#1000-70-2-8; be it therefore RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act (6 NYCRR), Part 617.5 C-7, makes a determination that the proposed action is a Type II and not subject to review. Ken 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. Lead Agency Designation: Matt-a-Mar Marina Expansion - This amended site plan is for new boat storage building of 28,480 sq. ft. and new 2-story office of 6,778 sq. ft. on an 8.5-acre parcel in the M-II Zone located approximately 210' n/o Freeman Avenue on the w/s/o Wickham Avenue, known as 2255 Wickham Avenue, in Mattituck. SCTM#1000-114-3-1 Ken Edwards: I will offer the following: WHEREAS, the proposed action involves an amended site plan for a new boat storage building of 28,480 sq. ft. and new 2-story office of 6,778 sq. ft. on an 8.5-acre parcel in the M-II Zone located approximately 210' n/o Freeman Avenue on the w/s/o Wickham Avenue, known as 2255 Wickham Avenue, Mattituck, SCTM#1000-114-3-1; and WHEREAS, on March 14, 2005 the Southold Town Planning Board started the SEQRA lead agency coordination process for this Unlisted Action; be it therefore, Southold Town Planning Board Pa.qe Thirty-Six May 9, 2005 RESOLVED, that the Planning Board establishes itself as lead agency for the proposed action pursuant to 6 NYCRR Section 617.6. Bill Cremers: 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. OTHER Chairperson Woodhouse: Greenport Heights Development LLC - Proposed revision to 4/11/05 final approval resolution. SCTM#1000-45-4-3.1 Ken Edwards: I will entertain the following resolution: WHEREAS, on April 12, 2005, the Southold Town Planning Board granted 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 the Chairperson endorsed the final site plans subject to a one-year review from the date of issuance of the building permit; be it therefore RESOLVED, that the Southold Town Planning Board hereby revises the final resolution for Greenport Heights Development as follows; the following wording is to be deleted: "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"; and the following text is to be substituted: "At such time that the commercial property to the east is the subiect of an approved site plan, a cross-over be permitted to the adioinin.q parking area on the north side of the buildinq at the discretion of the Planning Board if warranted; and". Bill Cremers: 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. I will entertain a motion to adjourn. Ken Edwards: So moved. Bill Cremers: Second. Southold Town Plannin.q Board Paqe Thirty-Seven May 9, 2005 Chairperson Woodhouse: All in favor? Ayes: Ms. Woodhouse, Mr. Cremers, Mr. Edwards, Mr. Sidor, Mr. Solomon. Chairperson Woodhouse: Opposed? The meeting is adjourned. There being no further business to come before the Board, the meeting was adjourned at 7:25 p.m. Linda Randolph Secretary ~'erilyn B,~Woodhouse, Chairperson RECEIVED $outholcl Town Clerk