Loading...
HomeMy WebLinkAboutPB-02/14/2005PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 MINUTES February 14, 2005 6:00 p.m. RECEIVED I~ :c~,,,,,.~ OCT - 4 2005 Present were: Jerilyn B. Woodhouse, Chairperson 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 Victor L'Eplattenier, Planner Carol Kalin, Secretary SE'I-rING OF THE NEXT PLANNING BOARD MEETING Chairperson Woodhouse: I'd like to welcome you all to the February 14th, 2005 meeting of the Southold Town Planning Board. For our first order of business, I'll entertain a motion for the Board to set Monday, March 14, 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. Edwards: So move. Mr. Solomon: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson VVoodhouse: Opposed? The motion carries. PUBLIC HEARINGS Chairperson Woodhouse: 6:00 p.m. - Ioannou, Constantine - This proposed standard subdivision is for 3 lots on 6.81 acres where Lot 1 equals 92,332 sq. ft., Lot 2 equals 124,679 sq. ft., inclusive of the 25' wide right-of-way, and Lot 3 equals 80,000 sq. ft. The property is located on the north side of State Road 25, 4,848 ft. e/o Kayleigh's Court, in East Marion. SCTM#1000-23-1-14.7 Is there anyone here who would like to speak on this application? Patricia Moore, Esq., 51020 Main Road, Southold, Attorney for the Applicant: Good evening, Madame Chairman. Good evening, Board. Just for the record, this application was first submitted to the Planning Board of Southold in '99. It went through New York State Supreme Court action, Appellate Division action, where the owner succeeded in the submission of this plan. It was then submitted to this Board, went through a moratorium, got a waiver of the moratorium and here we are going through the process under the new subdivision regulations. So, we have the preliminary plan that is before this Board today. We are before the Health Department and we hope to have Health Department approval shortly. We are just finishing up with the final requirements of the Health Department, so, hopefully, within the next couple of months we will have a stamped, approved map that we can submit to this Board for final approval. Thank you. Jackie Testani(sp.?): I'm speaking for my parents, Lorenzo and Janet Profetta(sp.?) who own the adjacent lot west of Mr. Ioannou. We are neighbors and so we don't have ill will and so we want to express that. We just have some concerns and questions for Ms. Moore and for the Board concerning this tidal wetlands area. For a global concern, we worry about the environment and we know there was a moratorium about subdivisions and there was good reason for it. There has been excessive development in the area and so we are concerned with keeping the complexion of this very peaceful waterfront property the way it is - to preserve it - and we're concerned with the types of houses and the way they're going up. They're all so big and they're one on top of each other and we've really gotten so far away from what East Marion and Orient have been for our family and, I know, for many members of the community. So, that's one of our concerns - that this area, which is directly adjacent to the water, is also a habitat for so many animals. We know - everyone knows here how the fishing has died out from over-use and pollution and other reasons and we want to protect the remaining animals that do live off the waterfront area. We're worried and concerned about what further building will do to this area and we're also worried about the well water and how we can all share it and what construction may do to impact that. We hope that these concerns are addressed when the Board discusses this and determines whether further subdivision, further building, of this area should be permitted. Also, my Dad, who is sitting right here, was concerned because he noticed on the plans that there is a right-of-way that's on his property. We wish that someone had spoken to us. Are the Ioannous going to be using that right-of-way? Do they have the right to use it to bring down construction trucks and other vehicles? What's it going to do on a personal level to my parents who are elderly and are out there for peace and quiet? What kind of permits are there going to be that they're planning on building on this area 2 that just really slopes right into the water? Will there be flooding to my parents' property? Will there be excessive noise? We just hope that the Board thinks about the adjacent property owners - one of them is away in Las Vegas right now for the winter and he can't come here and speak tonight. We're kind of here for the neighbors. We want to maintain a neighborly area. We have good will. We just want to make sure that everybody's interests are preserved, including and most importantly, the environment. I don't know how this runs. I don't do property law so I don't know how these issues are addressed. Chairperson Woodhouse: Well, you've raised some questions that I think perhaps the attorney can answer and if the Staff would like to say something, they could. What we're talking about tonight is the preliminary plat so there will be some conditions that we'll read if we're going to approve that tonight that will address some of your concerns. Jackie Testani(sp.?): One other thing is I understand the Health Department is approving something or has issues there. What are those issues? Ms. Woodhouse: O.K. Patricia Moore, Esq.: Let me take one at a time here - the proposed subdivision does show a building envelope on each of the parcels. Each of these building envelopes are set back at least 100 feet from the top of the bluff which is in conformity to the current Code and is in accordance with the way the subdivision regulations are applied in Southold. So, right off the bat the construction of- one of these is an existing home that's already set back probably 500 feet from the top of the bank. That's the master home, the original home there. There is what is identified as Lot I and it has the 100 foot set-back which will be incorporated into the filed map and therefore any future property owners will have to build at an appropriate set-back. The subdivision regulations now require clearing limits where as when her father built, there were no such clearing limits. Each of these lots have set forth clearing limits of 25% that are identified specifically on the map so that the filed map will have that shown in perpetuity as well. As far as the vegetation clearing, vegetation and wetland issues - those things are covered by the design of the map. The access to this property is by way of a flag - a shared common access on Route 25 so each of these parcels will get access via this shared access. We do not have access for Lot 1 over a right-of-way that is shown as part of, I guess, serving your property - is that it? And Bolletino, right? Jackie Testani(sp.?): So this right-of-way you do not have access to? Ms. Moore: No, we are not using that as our access. Whether or not we have access, I don't know. I've never researched that question but we have the primary access for this property being the shared access of the three lots. So, that would be the primary access. If that's a condition of the Planning Board approval, I don't see that as being a problem since that's the intent by the map. I did speak with Mr. Boltetino who I know personally - Mr. Bolletino called and his only concern was with respect to pointing out that his sanitary facility on his property - it's actually shown on this map and we were already aware of it - his concern was that there wouldn't be any trespassing exceeding 3 the access so that we would not impact his sanitary which has a retaining wall around it. I assured him that, when we do the design specifications for the right-of-way, that I'll ask the engineer to show the access as close to the easterly side as possible so as to keep a safe distance from the sanitary system and the retaining wall. Obviously, nobody gives consent for a contractor or property owner to trespass - that would never be the intent but, just to make things a little more comfortable for a contractor when they do the design of the road, we'll try to push the access, the driveway access - when the improvements take place - over towards the easterly side. That was the Bolletino comment and I already spoke to my client, Mr. Ioannou, and he had no objection to that. The wetland that is down to the south, on the south side of Main Road, is a passive area that is part of this subdivision that is shown on the map but there's nothing being done to it. It remains in its natural state. That was on the original filed map and it continues today. We can include covenants that say that but that is the state of the tidal wetlands system that is on the south side of Main Road. Sanitary issues - the Health Department is concerned with maintaining septic and well distances at an appropriate 150 foot distance or 100 feet depending on the depths of the wells. I believe that the wells in this area tend to be quite deep so I believe they go down beyond 40 feet so the distance from sanitary to well is actually - the standard is only 100 feet whereas our surveyor has actually placed a 150 foot distance as precautionary measures. So, all our sanitary systems and wells are exceeding the Health Department standards here. Our water quality has come in good so there are no issues with respect to water quality. Did I answer everything? Jackie Testani(sp.?): Almost. Ms. Moore: O.K. What's left? Jackie Testani(sp.?): It's true that housing can be built 100 feet from the water but just because it's permitted to be so doesn't make it correct. All the other houses in that area are, as Ms. Moore has said, like 500 feet from the water line and that is also a concern because it does completely change the complexion of the area if you're having one house that's really butting out away from the other houses. And that's clear from the plans that it looks like the proposed dwelling - and I know that's not the issue for tonight - the proposed dwelling is inordinately close to the shoreline, more so than all the other houses. So that is a concern for us as well. Chairperson Woodhouse: Ms. Moore, do you have a response? Patricia Moore, Esq.: I can only tell you what the Code requires which is a 100-foot set- back from the top of the bluff. That's what the Code requires and that would be the closest point. What point a house would be built many times, a house is built with room for pools or whatever other accessory structures. The planning involved with the individual homeowners - house location we leave to each homeowner. The map will identify the building envelope and that is what the Town Code has recognized as a fair and safe distance to the top of the bluff. Anything further away, my client owns the 4 piece - owns the house on Lot 2 so I'm sure that he will be cognizant of the location of a house on Lot 1 since he is probably more impacted than the neighbors. Ms. Woodhouse: I don't have the map in front of me but the lots - is there enough distance that the house could go back beyond 100 feet off the bluff? Ms. Moore: Yes, the building envelope is quite generous. The only thing is that when it comes to the accessory structures, most people build decks - it's not just the house; it's decks and pools and things like that. When you keep that mapped distance, then it gives plenty of reom for a property owner to think ahead of what structures and accessory structures they might plan. As you shrink the building envelope, you start impacting the development of the property and the need for variances. We want to make a building envelope that is reasonable and generous so that we don't create a situation where you automatically need variances as soon as you've completed the map. That's not what the Planning Board usually intends. Ms. Woodhouse: Thank you. Any other comments? Jackie Testani(sp.?): Just a final point - o.k., it's great that you want as much space to develop your property or your pools, your deck, your house but all we ask is that there would be a concern for the environment that's right there - all the fish, the deer, the raccoons that dwell in that area right by the water. And the bluff - it's really not that much, 100 feet is nothing from the shoreline. And Mr. Ioannou knew that because he built his house 500 feet from the shoreline and there is flooding there. I don't know if the Board would like to take a look at the plans, whether that would help. Ms. Woodhouse: This is just conditional for this subdivision so, at this point - Jackie Testani(sp.?): I'm just concerned because once there's a subdivision, then there's building. Ms. Woodhouse: There will some other steps and some requirements that the Planning Board would put on the way in which the subdivision takes place. There will be other opportunities for you also to come back during the process. Jackie Testani(sp.?): Thank you very much. Ms. Woodhouse: Thank you. Jackie Testani(sp.?): Have a good evening. Ms. Woodhouse: Is there anyone else who would like to address the Board? Yes, Sir?. Lorenzo Profeta: I am the husband of Janet Profeta. I can see on the map, you're going to build 100 feet from the water. This 100 feet from the water, up to 200-300 feet is about 1 foot above the water level. If they build a cesspool, they are going to contaminate the area completely. And as for the view, why should they build there. It will be in front of my house. I wouldn't buy this house if I knew this was going to happen. And if he applied five years ago, why weren't we notified before you approved this subdivision? There was one lot there. That's what he had in mind. That's all it was. We should have been notified five years ago. This is not fair. This is pure formality but legally I think it's wrong. Ms. Woodhouse: Let me just say that, at the point in which there is a public hearing, then you are notified but people come and make applications all the time and they may not even follow through with them so there is no mechanism to notify immediate neighbors once an initial application has been made. But this hearing tonight is an opportunity for you and any other neighbors in your area to come and express your concerns to us. Mr. Profeta: The lawyer says that they made the application five years ago - 1999. Ms. Woodhouse: Yes. The application came in but - Mr. Profeta: In 1999 - five years - you had no time to notify the neighbors or to ask what we thought about it? Come on, let's be reasonable. Ms. Woodhouse: O.K. Thank you. Mr. Profeta: Thank you. Ms. Woodhouse: is there anyone else who would like to address us on this matte~ Ms. Moore? Patricia Moore, Esq.: I would just want to clarify for the record, the sanitary system that is proposed is proposed at almost it looks like more than 350 feet from the top of the bluff. The water is another 50 feet from the top of the bluff so, when we're talking about the set-backs here, we are not measuring from the water; we are measuring from the top of the bluff-where it is actually mapped on this subdivision map. So, we will not impact in any way the water quality through our sanitary system. And, just for clarification, this subdivision - the Planning Board tried to stop our processing of this application; we won in the Supreme Court. We then won in the Appellate Division to allow this subdivision to proceed. So, the fact that it's taken five years, is not that we chose not to proceed with this application; it's that there were efforts to prevent us from making the application and we were able to overcome those hurdles. So, here we are with an application that meets the Town Code in every respect and we would ask the Board to approve it and we would ask that in good faith you don't place conditions that, again, create obstacles that are unreasonable for the owner to accept. We'll wait and see what your conditions are but keep in mind that here we are with an application that exceeds any of the minimum requirements. Thank you. Ms. Woodhouse: Is there anyone else who would like to address the Board on this matter?. (No one else asked to be heard.) Any questions or comments from the Board? Hearing none, I'll entertain a motion to close the hearing. Mr. Edwards: So move. Mr. Solomon: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried to close the hearing. (The public hearing was closed at 6:20 p.m. I am actually going to read the resolution; it is a lengthy one. There are a number of conditions on this resolution: WHEREAS, this proposed standard subdivision is for 3 lots on 6.81 acres where Lot 1 equals 92,332 sq. ft., Lot 2 equals 124,679 sq. ft., inclusive of the 25' wide right-of-way, and Lot 3 equals 80,000 sq. ft.; and WHEREAS, the Southold Town Planning Board, pursuant to Part 617, Article 6 of the Environmental Conservation Law, acting under the State Environmental Quality Review Act, established itself as lead agency for the action on June 14, 2004; and WHEREAS, on August 9, 2004, the Southold Town Planning Board, acting under the State Environmental Quality Review ACt, Part 617, Article 7, made a determination of non-significance and granted a Negative Declaration; and WHEREAS, the Southold Town Planning Board granted conditional sketch plan approval on August 9, 2004 for the proposed action; and WHEREAS, the applicant has submitted an application for preliminary plat approval upon the map, dated as last revised February 25, 2004; therefore, be it RESOLVED, that the Southold Town Planning Board grant conditional preliminary plat approval on the plat, dated as last revised February 25, 2004, subject to the following conditions: 1. Submission of a map with the following revisions: a. The map needs to be revised to show a t-shaped turn-around split between Lots 2 and 3, with a corner radius sufficient enough to facilitate proper vehicle circulation. b. A cross-section or detail of the proposed 16'-wide road shall be shown on the map. c. The 16'~wide road needs to be shown within the 25'-wide right-of-way. d. A notation indicating that the existing 25'-wide right-of-way located along the westerly property line of Lot 1 will not be used for access. e. Street trees are to be shown on each side of the 16'-wide road in accordance with the provisions of Section A108-45 of the Town Code. The street trees shall be planted 30' on center and consist of species 7 suitable for marine environments, i.e. Eastern Red Cedar (Juniperus virginiana). 2. Submission of a Tidal Wetlands Permit or Letter of Non-Jurisdiction from the New York State Department of Environmental Conservation. 3. Submission of a determination from the Town Trustees for the proposed action. 4. Submission of a New York State Department of Transportation Curb- Cut/Highway Work Permit for the proposed right-of-way. 5. Submission of a Draft Bond Estimate. 6. Submission of a Road and Maintenance Agreement 7. Submission of Draft Covenants and Restrictions which contain the following clauses: a. Access to Lots 1 and 2 on the approved plat shall be from the 25' wide right-of-way attached to Lot 2. b. The existing driveway, which currently provides access to the existing residence on Lot 2, shall be abandoned. c. The existing 25-wide right-of-way as shown on map, dated as last revised February 25, 2004, and located along the westerly property line of Lot 1 shall not be used for vehicular access. d. All clearing, grading and ground disturbance within the 100' wide non- disturbance buffer is prohibited except that access to the beach shall be permitted, subject to approval from the Planning Board, the Town Trustees and the New York State Department of Environmental Conservation. e. Prior to any construction activity from taking place on the lots, the property owners shall be required to obtain and submit a New York State Department of Environmental Conservation SPEDS General Permit for stormwater discharges for the action. f. Each of the lots shown on the approved plat is subject to the clearing restrictions pursuant to Section A106-56 of the Town Code. Mr. Edwards: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. Thank you. Chairperson Woodhouse: 6:05 p.m. - David Rose Perennials - This site plan is for a new 10,000 sq. ft. building with 1,600 sq. ft. of office/miscellaneous space on the first floor, 1,600 sq. ft. of storage on the second floor and 8,400 sq. ft. of storage warehouse at grade on a 39.4 acre parcel in the A-C Zone located approximately 1,807' s/o Sound Avenue, on the w/s/o Aldrich Lane, known as 5645 Aldrich Lane, in Mattituck. SCTM#1000-120-3-11.12 Is there anyone here who would like to speak on behalf of the applicant? Patricia Moore, Esq.1 51020 Main Road, Southold: Mr. Harbes is here today if there are any specific questions that we need to answer. Hopefully we can resolve them tonight. I presented to the Board, and it's already in your file, a memorandum that sets forth the facts of this case so that we could make very clear that the location of the building is, in fact, set back way into the property. The access - the driveway - exceeds the 15 feet that is required in the Code. We actually have a 20-foot driveway access. The property has natural existing vegetation off of Aldrich Lane. The property begins tucked up behind another piece and there are very tall evergreens - arborvitae - along the entire length, half-way up Aldrich Lane and then the parcel then continues in agricultural production which is actually used by Mr. Harbes with few crops. Corn is planted there or some other few crop on an annual basis. What I tried to do in this memorandum is at least give you some background on the legislative history of agriculture and the presumption that is set forth in both the State Law and in our Town Code regarding agricultural uses and I wanted to have that in the record for you so it will be clear to this Board and anyone else later on who might see this application. We are here to answer any questions. The site plan pretty much speaks for itself. The building is existing at this point. It originally was constructed as a storage building and then the site plan elements were required when Mr. Harbes, David Rose Perennials, required office space inside the building. So, the building itself is not expanding; it is already built. It's as built and we're just dealing with the internal space and the use of that internal space. Any questions at this point? Ms. Woodhouse: There might be some from the audience. Ms. Moore: O.K. I'll step aside. Ms. Woodhouse: Let's have an opportunity for anyone else who would like to address the Board on this application. Please come forward. Yes, Sir? John Grauer, 2100 Aldrich Lane: I have lived there for the past eighteen years. Aldrich Lane is currently designated an alternate Route 25 truck reute. We bear a heavy burden with traffic as it is. Mr. Harbes, David Rose Perennials, is currently in the process of cutting in a read off of Aldrich Lane, 1,500 feet south of Sound Avenue. We fear for the extra burden that trucking to and from there will have on this community in addition to the residential sites, home sites, along the read - Aldrich Lane. At the southern end of the read there is a large recreational area - soccer fields, baseball fields. The read, at that point, would be a cemetery across the way. Normally, the read access narrows to one lane at that area. On the northern end of the read, there is limited sight distance when you try to turn right or left onto Sound Avenue by current foliage and also by the traffic drawn to Harbes Farm in the summertime. So, that's a major concern - the traffic that would be generated coming off that access reute. In addition, on the southern end of Aldrich, off of Franklin Road, there is a new access. At that location, there would probably be a better alternate site onto Sound Avenue for access and egress to the property. I have nothing else to say. Thank you. Chairperson Woodhouse: Where are you proposing the other access? Mr. Grauer: Adjacent property that Harbes Farms now owns directly onto Sound Avenue, approximately 2,500 feet west of Aldrich Lane with a much clearer sight for both east and west exiting traffic. Ms. Woodhouse: Thank you. Is there someone else who would like to address the Board on this application? Nyla Lamm, 4150 Aldrich Lane: I've resided there for twelve years. I'd like to read a statement, please. This is a letter of objection to the driveway access and egress to the site plan for the David Rose Perennial Nursery: Respectfully submitted is my letter of objection to the current location and continuous use of the David Rose Perennial Wholesale Nursery ddveway located directly 71 feet across the street from the center of my home which has not been designated on a site plan submitted to the Town Planning Board. Given the Town's approval for the driveway specified on the new site plan, I further object to David Rose Perennial's continued usage of the current driveway as a second driveway directly in front of my home. This concern arose from the statement made by Ms. Woodhouse on January 3, 2005 at the Town Planning Board Work Session at which time Ms. Woodhouse stated that although the site plan may designate a location with an entrance and egress directly on the David Rose Property located on Aldrich Lane further north of my home, they may still continue to use the current driveway located directly in front of my home and I question why do they need to use two driveways? Establishing a commercial wholesale business with its driveway directly across from and within close proximity to my home and those other residential homes on Aldrich Lane destroys the quality of a peaceful residential life. It is not zoned commercial wholesale. Specifically, it has imposed visually, auditorally and physically offensive commercial vehicles with the large size eighteen, twelve, ten and eight wheel trucks, the loud noise and rumbling of the ground with the size of those commercial vehicles and the weight of the cargo. It has increased the volume of commercial traffic. It has decreased the safety for children who are playing on the front lawns given that it is a road for commercial usage. This increases - as the prior individual has stated, it increases that traffic. It also decreases the value of our home and our property. Large tractor-trailers have difficulty turning and entering and exiting the existing wholesale nursery driveway, hence, they pull up onto the front grass to the edge of a three-foot hedge and back and forth their way into the wholesale nursery driveway. On November 12, 2004, I spoke with Mr. Peter Harbes requesting he please move the driveway either further south and north but not directly in front of my home due to my aforementioned concerns. His verbal response at that time was I can't move the driveway further north because it would cut into my profit. Quoting Peter Harbes, the initial driveway was located further south but recently moved to its current location because the residents on the south side have already objected due to the large trucks driving too close to their homes and driving on their grass. On November 18, 2004, he installed a fence on the south side of the driveway further solidifying the current location of the driveway directly in front of my home. In January 2005, he installed a commercial mailbox on the north side of the driveway which states 5645 Aldrich Lane, David Rose Perennials. This further solidifies the current location of the driveway directly in front of my home. This notifies drivere where to enter between the fence and the mailbox. Is this the intention to submit one driveway site plan and to continue to use the non-specified site plan as ]0 the second driveway?. On November 12, 2004, there was a letter from the Mattituck Fire Department which recommended quote because the owner has assured the Board that there will no longer be a large fuel storage on the aforementioned property and that all fuel will be supplied from Sound Avenue by KeySpan Energy and, as the prior individual who spoke, that is a question I submit to the Board - is that a possible location for an entrance and egress to this property from Sound Avenue? I have a question - why did Southold Town Planning Board previously approve the two subdivisions of the Harbes, David Rose Perennial Nursery, but it was one Harbes property, when it was in violation of Suffolk County Department of Health Code due to non-submission of site plans for the subdivision, per the letter from Mr. John Fitzgerald? I thought governmental entities of County and Town jointly respected, upheld and enforced legal ruling and were neither influenced by nor acted upon an individual's wishes or actions with disregard for other entities' legal rulings. For example, I question why, on January 3, 2005 at the Southold Town Planning Board Work Session, when I presented this violation to the Planning Board Members and Mr. Peter Harbes' attorney, Patricia Moore, I was told by Ms. Moore and the Planning Board that Mr. Harbes was not required to submit a site plan to Suffolk County Department of Health and his property was not in violation because the subdivision occurred prior to the aforemention of Suffolk County Code and he was not required to comply retrospectively. This statement by Ms. Moore was not correct per Mr. John Fitzgerald's phone conversation with me on January 5th, 2005 at which time he informed me that the aforementioned Suffolk County Department of Health Code was enacted January 1st, 1981, prior to the subdivision. And both Mr. Peter Harbes and his attorney, Patricia Moore, were informed of the enacted Code date, however, they continued to be non-compliant. If that information was readily available to me, I question why Southold Town did not obtain these facts. Today, January 14th, 2005, I spoke with Mr. John Fitzgerald who told me and I quote to date Mr. Harbes' attorney has recently submitted a site plan to legalize this land, however, it does not have Suffolk County approval. I then asked him could the Town Planning Board approve this site plan given it does not currently have Suffolk County approval and his response was quote no, Southold Town Planning Board should not grant approval without Suffolk County's legal approval first. I understand that Southold Town has received millions of dollars to promote and protect open land and farming which those of us who reside here support. However, when two crop farming per year becomes year round farming which results in chaotic traffic congestion and gridlock, the purpose of maintaining open land that is to prevent over development with its overcrowding and increased traffic which destroys peaceful rural existence, is completely defeated. For example, the Harbes' retail farm on Sound Avenue has caused traffic stand still and accidents on Sound Avenue throughout the spring, summer and autumn seasons and I ask where is our peace and our rights to live in a supposed rural life? This open land, rural life seems to be sham. It's great for Mr. Harbes and family to make their financial profits but the local residents' rights to drive through Laurel have been stripped. It sometimes, during those seasons, can take an individual forty-five minutes to drive from Aldrich Lane to Riverhead due to the increased traffic. I don't want the same scenario to be perpetuated in front of our homes on Aldrich Lane. Maximizing commercial wholesale profit supercedes respecting the moral value of the residential individual homeowner. This proclaims that the highest value is commercial wholesale business for profit under the guise of protecting and living within a zoned residential agricultural conservation neighborhood. It's a sham ]! because it sounds peaceful and uncongested but the reality is a nightmare for those of us who have to live with the assault of congestion. When laws enacted to protect peoples' rights from excesses of commercial greed are superceded by a wholesaler's ability to find loopholes to exist in a residential zone, this results in obstruction of the individual's quality of residential life, safety of person and property and devaluation of an individual's residential home and property for the sole purpose of increasing the wholesaler's financial profit. The right to live in peace should not be sacrificed to the god of commercial greed. I'd just like to quote Thomas Jefferson - the selfish spirit of commerce knows no country and feels no passion or principal but that of gain. Thank you for the opportunity for me to make this letter of objection and I hope that you do not grant approval for the driveway entrance and exit to this wholesale nursery on Aldrich Lane. Thank you for your time. Ms. Woodhouse: Is there anyone else who would like to speak? Yes, Madame? Susan Baird, 1745 Aldrich Lane: We've lived there for eleven years. Actually the reason that I'm here is not so much to say not to grant the application but Aldrich Lane is becoming, as other people have mentioned, very dangerous between the ball field, the soccer field and now the basketball courts. I have two young kids. It's very dangerous. It's a truck route. The care - I can't even tell you how fast they go down, even in the morning with all the kids standing out at the bus stop. So, my question really is - is there any way to guide this so that there is some sort - I don't know - it's a straight road. I don't know, you can't really put a stop light on it but is there anything that we can do to try to control the traffic to make it safer for the people who live there? I understand that it's a farm and that people need to make a living and I certainly don't have anything against the nurseries. I'm just wondering, since this is a fact of life and this is what's happening, is there any way that we can guide the traffic a little bit more to make it safer for the people who live there? I don't know if that's something that the Planning Board has to deal with - do you have anything to do with the traffic or is that a whole another?. You do? O.K. Like I said, this has been an on-going problem and this has actually kind of turned into an opportunity for myself and my neighbors to bring it up again. Like I said, we're just very, very concerned. The traffic is - because it is the truck reute - we had brought this up a few years ago and they had said that, at one point, after the bridge was raised they were going to move the truck reute and, as it went through Mattituck, they realized that there was a lot of congestion and then they put the truck reute back onto Aldrich Lane again. So, if you could look into some way of controlling the traffic, either a stop sign or speed bumps or something to slow them down and control it, that's basically what we're looking to achieve. Thank you. Chairperson Woodhouse: You're welcome. Is there someone else who would like to address the Board? Please. Patrick Hyland, 1055 Harvest Lane: I live on the corner of Aldrich and Harvest, directly across from the proposed site for putting in that driveway. I don't want to re-state everything that's been said this evening but I agree with everything that's been said about the concerns about not only the safety, but the quality of life being in a residential area across from a proposed commercial area. I cannot imagine waking up to the sounds at 3, 4, 5:00 in the morning to tractor-trailers turning directly in front of my home, let alone what goes on during the day during the normal business hours. So, it is a very big concern of mine and I am strongly opposed to this driveway going in where it is directly across the street from my home. Ms. Woodhouse: Would anyone else like to speak to the Board? Yes, Sir?. Robert Kull, 4270 Aldrich Lane: I've talked to several of you already on the phone. I live right across the street from this driveway going in and it's terrible already. It's not even done and it's horrible. I have cars pulling in my driveway already, divots all over my yard. I can just imagine when it's done. I have a four-month-old daughter. What's that going to be like later. It's crazy. The so-called very tall arborvitae trees that are planted - that building has lights that shine all night inside my room. This is crazy. I just want to say I object totally to this road. Whatever you can do to maybe put it somewhere else - Mr. Harbes can have his business - I would just appreciate the road somewhere else. It's right in front of my yard. It's terrible. Thank you very much. Ms. Woodhouse: You're welcome. Marie Domenici: I live in the community at Farm Veu. I do not live directly across from the perennial business but I have concerns because of the truck traffic that does come down there currently just for the fact that it's an alternative route. Someone mentioned earlier- is there an opportunity for that Truck Route to not be a Truck Route any longer because some of the residents and I have spoken and there is some kind of truck traffic that starts to go through our community and ...(inaudible) to Farm Veu and then out on the other side to Sound and, actually, we don't need truck traffic in that community at best. If we're going to make it look like the city, you could start putting up No Thru Truck Traffic signs and then maybe you could put speed bumps in the community and then, you know, why did we move to this rural community, i'm not adverse to anyone making a living; I just don't want it to be at my cost. When I originally inquired to see if indeed there was an opportunity to put that road on the Sound Avenue side where most of all that activity and traffic already takes place especially during the farm seasons, if there was an opportunity and I was told somewhere that it goes through other peoples' property and that may not - I have a map in front of me but I don't know if indeed that is part of the Harbes' property or not - but, ideally, I think the people of the community would be better served if indeed the truck traffic was brought in off the Sound Avenue side where - I'm not saying there aren't residential houses there but I think the spacing of it is a little different then currently the way it's spaced on Aldrich Lane. I have some other concerns - even if, indeed, that road doesn't get moved, I'm concerned about the amount of truck traffic in and out of the perennial business location. Are we talking about once a day truck coming in in the morning and coming back in the afternoon? Are we talking about multiple tractor-trailers coming in there several times a day? It is farmland so farmland is dusty. Are we talking about having to deal with dust and additional pesticides all being blown around and are families and our pets and wildlife getting impacted by that? Again, I'm not saying that people shouldn't make a living but it should not be at the cost of others. So, I am concerned about that and I would like someone to directly be able to answer some of these questions and I don't know if that's an opportunity for you guys to do that tonight because I think it would certainly allay many peoples' fears so I'll ask directly - is there an opportunity to move that from Aldrich Lane to the Sound Avenue side? Is anyone aware of that? Chairperson Woodhouse: That would be something that we would have to look at but you raised some other questions about the trucks and I think that, at some point, we would like to hear from the applicant, if he or his agent would like to respond to that issue about the volume of trucks, the hours that they would be using the driveway and maybe the light issue that came up about the lights on the building all night. Marie Domenici: Also, ideally, if we could move that over, I think that would satisfy a lot of peoples' concerns but if, indeed, that is not something that can happen, then I would ask about the aesthetics of how that driveway is going to look facing the community. I'm asking this as a last resort question because, ideally, I would like to see that read moved to the other side of Sound Avenue where there's less impact to the community at large. I am concerned about run-off in the event - I'm assuming that that read is not going to be paved no matter where it's placed so how does that impact the run-off situation that ultimately impacts the ground water and everything else that's environmentally important. So, that is something that I think we need to look at. Will there be an increase in the use of pesticides - I realize that we're surrounded by farms and I realize that farmers do use pesticides and the question I would ask of any farmer regardless - if they can use organic, when necessary, and opt for pesticides when there's no other options because we all have well water there and, if anyone's had their water tested lately, when you get your results back, you can't pronounce what's in the water so I'm not sure you really want to drink the water. So, that's another concern. So, any other questions that you guys could possibly answer that would be - Ms. Woodhouse: We can tell you that the run-off would be addressed during the site plan process. I can answer that question right now for you. Marie Domenici: O.K. Ms. Woodhouse: I've heard from several of you a concern about where the driveway is located but there have been several different proposals, some of them on Aldrich, some of them on Sound Avenue. A road needs to go somewhere. Ms. Domenici: Absolutely but your greatest impact of the way it is set up right now is you impact 47 homes there. In that community there are 47 homes. Don't misunderstand me, this is not a nimbi thing, o.k.? When you live in farmland, you have to try to co-exist because I understand the farmers are the backbone of our community and certainly I support that but sometimes we have to look at being neighborly and sometimes being neighborly might cost a little extra to kind of keep everybody friendly and neighborly. That's the way we'd like to keep it. ]4 Chairperson Woodhouse: I'd like to hear from the applicant if there are - I assume that they have discussed other alternative placements of the driveway and, if you'd like to make some comments about that, at this point, Ms. Moore, that would be appreciated. Patricia Moore, Esq.: Yes, for those that are here and don't know the history of our driveway, the property that is subject to the site plan is actually a flag lot. The driveway where it's proposed on the site plan and which had started to get cut, because of the weather, is not completely cut through and is the location of the flag for this parcel. At one point in time, Mr. Harbes was in a 40-year lease that has been forty years or so of lease terms - annual lease terms and renewals. That's where the original driveway in front of Mrs. Lamm's house - that's where the location was originally proposed. It was actually a less expensive location for Mr. Harbes because it was a closer connection as a driveway to the existing facility. However, Mrs. Lamm came and objected to that location and the Board felt that, given that it's leased property, there was no guarantee that that leased property would continue to be leased or in the control of Mr. Harbes - this Board recommended that the location of the driveway be in a place where the property is the same title and the same parcel as the building which is the subject of the site plan. So, the ddveway is where it is proposed. It has a limited location because of the width of the flag. The location of the driveway has actually been placed in the center of the property line between the two property owners across Aldrich Lane so as to try to mitigate the impact on any one-property owner. It does not impact Mr. Kull completely. Yes, it will impact him and I'm sure he's not very happy with it and I know he's expressed his concerns but the property - it does fall between the two property lines. And that was the fairest location as well as the safest and the most reasonable location. That is the location that is on the site plan. So, there are no other locations. This is the only flag road frontage that this parcel enjoys. With respect to the development of this property, I would remind everyone who has spoken here tonight or is interested in this application, that this 39 acres could easily be developed into 19 lots. This town, through the various steps we'd have to go through, could subdivide this property. That is why we are trying to maintain a balance between the farming community and the uses and the needs of the farming community to keep it viable and the interests of the private neighbors. That's why this town has adopted the Farmer's Bill of Rights. That's what the memorandum in your file refers to. It also provides for agriculture assessments and Agriculture Market's Law and the benefits of Ag. and Market's Law. There is a balance that both on the State level and the State Constitution provides with the conflicts that occur any time that you do any development on a property. With respect to Mrs. Lamm's comments, for the record, the Board is already aware - the subdivision, the original development of this property was various lots of different configurations. In the early '90's, I believe it was, a lot line change was approved by the Planning Board and the lot line changes did not require Health Department approval. At that time, the Health Department, as well as the Planning Board, understood that lot line changes were not considered subdivisions under the Article 6 Regulations. That is why the lot line change did not get Health Department approval at that time. It did get Planning Board approval but not Health Department. At this stage, today's date, the Health Department has retro-actively reviewed its regulations from the time when Article ]5 6 was adopted and now looks back and says that lot line changes are considered subdivisions and, therefore, do require submission. This, as well as many other properties in the Town of Southold and Riverhead, lot line changes are going back retro-actively and correcting the Health Department files so that they have a record that correlates with the Tax Map. So, it's a paperwork clean-up. By no means was anybody accused of being in violation of the law. That was the interpretation of Article 6 at the time. The fact that this is a New York State Truck Route is a very important point because it means that this read was already designed to carry truckloads. It's a Town read and, therefore, meets the Town read specifications as a major road. It meets State Truck Route specifications. Of all places, this is the appropriate place for any truck traffic that is generated by my client's property. The design of the read is appropriate for the truck traffic. I believe those were the several points that were - I'm sorry - hours of operation. I asked Mr. Harbes - his hours of operation are presently 7:00 a.m. to 6:00 p.m. So, as far as traffic generation, when his business is open, it generates traffic. When the business is closed, no one is there. With respect to run-off, drainage issues, the site plan has addressed drainage issues. There is no run-off off the premises and the property, again, is 39 acres in size and we have provided for on-site drainage as to the building. There are no pesticides, per se. These are in-door container plants. Inside the building there are hoop houses. Again, everything is pretty much occurring in greenhouses-contained environment. Are there any exterior - Mr. Harbes: There are some. Ms. Moore: There are some which are normal and customary for agricultural operations. The lights actually shut off automatically at 8:00 p.m. Could it be a little eadier - we would have no problem with dusk to dawn. Ms. Woodhouse: So, you will make that happen with the lights? You'll check into that? Ms. Moore: Sure. That's not a problem. I believe that's it. Those are the points that I believe were addressed. Ms. Woodhouse: How many truck deliveries in those hours, daily, would you expect? That is, every day during those hours. peter Harbes: Right now, due to the construction phase, there is a heavier load of traffic than normal business hours. We usually deliver with three vehicles so it would be three trucks per day in the busiest part of the season. ]6 Ms. Woodhouse: These are your trucks that you are delivering with - is that what you're saying? Mr. Harbes: That is correct. Ms. Woodhouse: Is there any additional traffic for receiving supplies or getting equipment. How could you calculate for us what that would be? Mr. Harbes: Receiving of raw goods, yes, that happens on a weekly basis. Ms. Woodhouse: Twice, three times, once? Mr. Harbes: At least twice a week. Ms. Woodhouse: Twice a week, o.k. And, again, between the hours of 7:00 and 6:00? Mr. Harbes: Hopefully even shorter than that, yes. Ms. Woodhouse: O.K. Thank you. Bruno Semon, Sr. Site Plan Reviewer: Madame Chairman? Ms. Woodhouse: Yes. Mr. Semon: Just the one question that wasn't answered is about that existing driveway and what's going to happen. Maybe either Pat or- Patricia Moore, Esq.: I'm sorry, you're right. The existing driveway that's across from Ms. Lamm's home, that is actually being terminated or abandoned. Right now - again, weather related - by now it would have been replaced with the other read but because of the weather conditions, I think everyone with common sense knows that it's a little difficult to cut a read in right now due to the weather. So, when this - I would say within the next four months, two months - I'm thinking when the crushed stone and everything is put on. Mr. Harbes: Hopefully by May 1st. Ms. Moore: O.K. By around May 1st the access road will be where it is preliminarily cut there at the property north of the existing read. The fact that there is a mailbox there has no relation to the entrance that is on Aldrich Lane. It's where the existing driveway was at one time. It may stay there; it may not. Probably moved. Ms. Woodhouse: You're going to move that, o.k. So, for Ms. Lamm's concerns, that driveway will cease to be used once the new driveway goes in; the mailbox will be moved to the other end. What is going in is not a read per se, it is what is used as a driveway for the private use of this agricultural operation. Ms. Moore: Correct. ]7 Ms. Woodhouse: So, it's not a thru read? Ms. Moore: No. Ms. Woodhouse: O.K. Thank you for clarifying that. Ms. Moore: Thank you. Ms. Woodhouse: Yes, madame? Marie Domenici: If the road stays where it is, is it going to be paved or is that just going to have some blue stone thrown down - because you know what that's going to be like in the dry, hot summertime. We're just going to be eating dust and I understand, agriculturally when you have to farm the land and you have to turn it over, and I understand that but, with the kind of truck traffic that you're having, how is that going to impact us - we're going to be eating dust every. The other question that I have - I have this map here. Could you - Patricia Moore, Esq.: Oh, sure. Marie Domenici: This is Sound Avenue here and this is ideally what we were kind of asking if this were feasible to bring that entryway there. Ms. Moore: What she's asking is alternate sites which I've already put on the record. The difficulty with alternate sites is that those parcels could be independently sold. The parcel that has the building is Lot 11.12. The access is a flag that goes to Aldrich. Do you see this flag here? Ms. Domenici: Yes. Ms. Moore: That piece will stand alone and can operate on its own. Any other parcel, which was the objection previously with the original location of the road, is that any one of the other parcels could be independently sold and now we have a driveway that's off premises and that was not something that the Planning Board wished to entertain. Ms. Domenici: But is this all property owned by Harbes here? Ms. Moore: No, various different owners. Ms. Domenici: Is this a paved option or not? Ms. Moore: The driveway is crushed stone, isn't it? Mr. Harbes: Re-cycled concrete for the preliminary phases. Ms. Domenici: What kind of buffer are you going to see here? For the people who may be facing this, are we going to have Hampton-type hedges to kind of hide some of this stuff or what actually happens in that area? Ms. Moore: There are Hampton hedges up on Lot 124-1-2.1 -it has high arborvitae and that piece is actually in landscaping material. That's the neighbor's property. Our parcel is on the inside because it's a flag. Our building is on the inside of those parcels. The property line is 500 feet from Aldrich Lane. I think in my description I said that our building is at least approximately 600 feet from Aldrich Lane. Lot 12 is in agricultural production. We don't want to impact the ability to have the row crops and to the extent that you start landscaping away, again, a parcel that is leased right now. It's not even our ownership. We're going to create an issue if that piece sells to some independent person if the landscaping is gone or potentially could be gone. At the top of the berm, we have arborvitae. That is actually on the Harbes' property and to the east of the building. So, the building has been screened from view from Aldrich Lane. Ms. Domenici: What about this entryway? If, indeed, this is where this is going to be located, to be neighbor friendly, what are we doing there? Ms. Moore: There has been some discussion about making a nice entrance for the business. The plan is to make some improvements to the entrance. At this point, we're still cutting through the read. Whatever is left after the curb cut because, again, the driveway with the radius that has been designed by the surveyor in order to accommodate the concerns of the neighbors with regard to a turning radius of trucks and so on, eats into the width of that read frontage quite a bit. So, we may have some reom on either side of the curb that we can plant some shrubbery but, until that read and the curbing is done, it's hard to think about how you are going to landscape it behind it. It's his business. It's an entranceway to his business and the plan is to make it look nice but the exact dimensions of it are a little hard to identify at this time. What you were concerned with and what the neighbors were concerned with was making sure that we had an adequate radius for vehicular traffic and that's what we've concentrated on, Ms. Domenici: Thank you. One last question - originally, that was made a Truck Route - and this is my understanding - that it was made a Truck Route because the Long Island Rail Road pass overhead, at the time, could not facilitate large trucks. It is my understanding that that has been fixed. You can confirm or deny that and if, indeed, it has been fixed, then can we deem that what's currently a Truck Route no longer a Truck Route? Because we do get a lot of truck traffic down there in spite of what we're talking about going forward. Chairperson Woodhouse: That's not within our jurisdiction right now and it's certainly not part of this application that we have anything that we can do with it. It certainly would bear looking into with the Department of Transportation. Ms. Moore: The Highway Superintendent might consider it but I know that the concern has been on re-directing the traffic off of the Main Road and using Sound Avenue to the extent possible so the reality of moving some of the truck traffic off of Main Road is - Ms. Woodhouse: It is a dilemma. If you don't want it on Sound Avenue or the Main Road, you need to put it on the side roads. If you don't want it on the side roads, it goes back. It is a continuing problem within the town but, again, that's not part of this hearing here. I think we have struggled for quite a long time to figure out where to put a read or an access to this property. There needs to be an access somewhere. We did look at putting it on Sound Avenue and it was just not feasible because of the ownership issues. I think we've resolved some of the issues. At least I hope we have from what we've heard tonight. Those lights will not be going on all night; they will be on from morning to early evening or dusk. The driveway that was currently a problem that came to our attention will not be used any longer. The mailbox will be moved. With that turning radius that we're requiring, there should be no need for trucks to back up on to anybody else's property. Patrick Hyland: I live directly across from the proposed driveway, in between the properties. It was stated earlier that there is no run-off problem there. I can tell you that there is a run-off problem there. Two years ago - and the Board may not be aware of this - I had three feet of water in my basement. There is run-off in any heavy down fall of rain off of Harbes' Farm that crosses Aldrich just north of my property, just north of the intersection of Harbes and Aldrich. That run-off crosses the read, fills the catch basin which is directly north of my home, that catch basin fills and then over flows across Harvest and then directly down my driveway. Two years ago, the Southold Town Police Department had to respond, as well as Cutchogue and Southold Fire Departments, to pump out my basement. I had three feet of water down there. I talked to the Town about it. They said there was nothing they could do about it. I talked to my insurance company. I was out thousands of dollars worth of stuff that was in my basement that I had to just throw into a roll off, not to mention all of my personal items, my children's items, things that I just could never replace. All right? That's something I just took on the chin at that time. Water is an issue and I just want the Board to be aware of that. The run-off is an issue. With this new driveway, I don't know what that's going to bring. The problem is, once the ground freezes, there's no place for the water to go and it does cross over Aldrich, into that catch basin, and then across on to my property. If the Board would like, I can actually submit photos. I don't have them with me this evening but I can submit photos of where that water is going because I did take pictures at the time. Every winter it is a major concern of mine with the snowfall and the amount of water that comes off of that farm. Thank you. Chairperson Woodhouse: Mr. Semon, do you have any information in your file about that? Bruno Semon: No, the only thing that would be required is that, at some point in time before we can go to final approval, they would be required to have the SPDES Permit enforced and in place by the New York State Department of Environmental Conservation which would control run-off before, during and after this construction. Ms. Woodhouse: Thank you. 2O Marie Domenici: My very last question, I promise, and then we can all go home - there will be no storage of any pesticides because often times when things are stored where there's no cement or something to hold it, it kind of runs off into the ground water and once again we're facing something that is not palatable environmentally. Mr. Harbes: ...(inaudible). Ms. Woodhouse: For the record, what Mr. Harbes is saying is there are some pesticides that are stored on this property and they are stored in the proper containers and I believe that pesticide use is regulated so it would fall within the guidelines of the regulatory agency. Would you like to speak to that further, Mr. Harbes? Peter Harbes: Yes, I just wanted to clarify the issue with the run-off on Aldrich Lane. That is from a separate parcel. It's not on this parcel, the water that he is referring to. That's the one to the north so it really shouldn't have any bearing on the decision process on this particular pamel. Ms. Woodhouse: Thank you. I think we need to move on. Is there anyone else who would like to say something that we haven't heard? Yes, Madame? N¥1a Lamm: I would just like to comment regarding the traffic. In the current usage, there are approximately 25-30 commercial vehicles entering a day. If you look at that across an eight-hour day just looking at entering, 8 into 24, every twenty minutes you have vehicles - that's the mean average. It's true business operations may be from 7:00 until 5:00 or 6:00, however, two weeks ago at 4:00 in the morning, I was awakened - the rumbling of my bed woke me up and I looked out the window to see what it was and it was a very large tractor-trailer pulling into the driveway at 4:00 a.m. I don't think anybody was working. I don't know but 4:00 a.m. So, issues about times of operation and the number of vehicles with traffic - additionally, I don't know how many people are back there that remain back there but there's a coffee truck that goes there every day between 9 and 9:30. There are a number of individuals that are there; there is continuous usage of it - heavy traffic. I'm not talking about traffic on Aldrich Lane; I'm talking about the traffic that enters and exits the property. To take someone's word and to say that there's going to be less traffic when you have a wholesale business that's going to function for profit, to me, it doesn't make sense that you're only going to have three trucks a day. To me, that doesn't make sense. I don't know. I try to figure out running a business and I would expect that there would be equally as much traffic, if not more. If I were running a business, I would hope I would get a lot of traffic to do my business. I just have a question for clarification - sorry to push this issue. I just want to be sure I walk away and I understand the statement that was made that the driveway in front of my house will not be used. However, a comment which was stated again - and, again, maybe I'm not hearing you correctly - is that the driveway will be used for personal use. Which driveway, is my question, will be used for personal use? Ms. Woodhouse: You're asking me? I'd have to ask - I didn't hear anything that a driveway was going to be used for personal use. I heard the statement that the driveway that is currently being used for access to the building, which is across from your home, will not be used for access to the building in the back. None of this commercial traffic will be going down the driveway in front of your house. Ms. Lamm: Nor personal vehicles. Ms. Woodhouse: I think that property is not owned by Mr. Harbes so, whether someone uses that driveway personally or not, I can't answer that question and that's not the subject of this hearing tonight. This is the hearing to determine the access to the property, which is the new access - not the old one. Ms. Lamm: Thank you. Ms. Woodhouse: Are there any other questions or comments? Hearing none, I'll entertain a motion to close the hearing. Mr. Edwards: So move. Mr. Sidor: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion carries. (The public hearing was closed at 7:20 p.m.) The lighting will be subject of an inspection by our office here and, if there is a problem with the lights not being turned off at the proper time, we will notify the owner of the property. Bruno Semon: I don't believe we can deal with specific times on that but we do have the Town Code that regulates how the light is and how it's actually projected from the property so I don't believe that the time is something that we can deal with. It has to meet our current Code and that's what it would have to do. Ms. Woodhouse: It has to be shielded and you'll hear that as we read this resolution. Mr. Sidor: WHEREAS, the site plan is for a new 10,000 sq. ft. building with 1,600 sq. ft. of office/miscellaneous space on the first floor, 1,600 sq. ft. of storage on the second floor and 8,400 sq. ft. of storage warehouse at grade on a 39.4-acre pamel in the A-C Zone in Mattituck, SCTM#1000-120-3-11.12; and WHEREAS, the applicant, Peter Harbes, President of David Rose Perennials, proposes the site plan; and 22 WHEREAS, EWH Limited Liability, Co. is the owner of the property located approximately 1,807' s/o Sound Avenue, on the w/s/o Aldrich Lane, known as 5645 Aldrich Lane, in Mattituck, SCTM#1000-120-3-11.12; and WHEREAS, on May 7, 2004, a site plan application was submitted for approval; and WHEREAS, on August 3, 2004, the Architectural Review Committee reviewed and approved the architectural drawings and associated site plan materials and the Planning Board has accepted this approval; and WHEREAS, on October 5, 2004, the Southold Town Planning Board, acting under the State Environmental Quality Review Act (6 NYCRR), Part 617.5 C-3 makes a determination that the proposed action is a Type II and not subject to review; and WHEREAS, on November 12, 2004, the Mattituck Fire District accepted the applicant's offer to provide a dedicated standpipe and activation switch with threading, meeting the Mattituck Fire Department's requirements, and the Planning Board has accepted this recommendation; and WHEREAS, on January 10, 2005, the Southold Town Building Inspector reviewed and certified the site plan for "Agricultural Operation" use; and WHEREAS, on January 25, 2005, the Architectural Review Committee reviewed the sign detail and approved the materials and the Planning Board has accepted this approval; and WHEREAS, on February 11, 2005, the Southold Town Engineering Inspector reviewed and issued comments on the proposed drainage 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 the 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 the adjacent properties and roadways. Lighting fixtures shall focus and direct the light in such a manner as to contain the light and glare within the 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 by 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 conditional final approval of the site plan prepared and certified by Stanley J. Isaksen, Jr. Land Surveyer, dated August 22, 2003 and last revised February 5, 2005, subject to fulfillment of the following requirements: 1. That approval from the Suffolk County Department of Health Services be obtained and submitted to the Southold Town Planning Board prior to construction of the proposed building. 2. That the applicant 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. The requirements must be met within six (6) months of the resolution. Failure to adhere to this requirement within the prescribed time period will render this approval null and void. Mr. Edwards: Second the motion. Chairperson Woodhouse: Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion carries. Chairperson Woodhouse: 6:10 p.m. - Kestler, Francis - This site plan is for conversion of a single family dwelling to a dentist office on the first floor and storage on the second floor on a 0.501 acre pamel in the RO Zone located at the n/w intersection of NYS Route 25 and Pacific Street in Mattituck. SCTM#1000-142-2-16 Is there someone here to speak on behalf of this application? Chrystyna Kestler: Good evening, Madame Chair and Members of the Board. I'm Frank Kestler's wife. I want to apologize for his absence but he's home sick with laryngitis. I want to thank you for all your time and consideration with the numerous site plans. I'm just here to answer any questions. Ms. Woodhouse: Thank you. Is there anyone else who would like to speak on this application? (No one else asked to be heard.) Any questions from the Board? Hearing none, I'll entertain a motion to close the hearing. Mr. Edwards: So move. Mr. Solomon: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon 24 Chairperson Woodhouse: Opposed? The motion carries. (The public hearing was closed at 7:25 p.m.) Mr. Solomon, would you please read this resolution? Mr. Solomon: WHEREAS, the site plan is for conversion of a single-family dwelling to a dentist office on the first floor and storage on the second floor on a 0.501-acre parcel in the RO Zone; and WHEREAS, the applicant, Francis A. Kestler, proposes the site plan alteration; and WHEREAS, Francis A. Kestler is the owner of the property known as SCTM#1000-55- 2-16 and the property is located at the n/w intersection of NYS Route 25 and Pacific Street in Mattituck; and WHEREAS, on August 25, 2004, a site plan application was submitted for approval; and WHEREAS, on October 29, 2004, the Mattituck Fire District recommended that no additional hydrants or wells are required and the Planning Board has accepted this recommendation; and WHEREAS, on November 18, 2004, the Southold Town Zoning Board of Appeals confirmed that the applicant's withdrawal of the area variance application related to a requested apartment as a second use, and the remainder of the applicant's proposal for a dental office is a permitted use without the need for a special exception under Reference Number 5595; and WHEREAS, on January 6, 2005, the Southold Town Building Inspector reviewed and certified the site plan for "Professional Office" use; and WHEREAS, on January 10, 2005, the Southold Town Planning Board, acting under the State Environmental Quality Review Act (6 NYCRR), Part 617.5 C-7, made a determination that the proposed action is a Type II and not subject to review; and WHEREAS, on January 12, 2005, the Southold Town Engineering Inspector reviewed and issued comments on the proposed drainage and the Planning Board has accepted the recommendation and places additional conditions in this approval; and WHEREAS, on January 25, 2005, the Architectural Review Committee reviewed and approved the architectural drawings and associated site plan materials and the Planning Board has accepted this approval; and WHEREAS, on January 27, 2005, the Mattituck Fire District recommended that the cistern is deemed to be surplus property and no longer required, they requested it be removed, the applicant executed and agreed to this requirement and the Planning Board has accepted this recommendation; and WHEREAS, on February 11, 2005, the Southold Town Engineering Inspector reviewed the revised site plan and approved changes to the proposed drainage and the Planning Board has accepted the 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 three 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; and 2. All signage shall meet Southold Town Zoning Codes and shall be subject to approval of the Southold Town Building Inspector; and The applicant agrees to all comments by the Town Engineering Inspector and shall replace the apron and sidewalk within the parking entrance to meet Town specifications; 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 and certified by Martin Donald Hand, Land Surveyor, dated November 11, 2004 and last revised February 1,2005, subject to fulfillment of the following requirement: 1. That approval from Suffolk County Department of Health Services be obtained and submitted to the Southold Town Planning Board. This requirement must be met within six (6) months of the resolution. Failure to adhere to these requirements within the prescribed time period will render this approval null and void. Mr. Edwards: Second the motion. Chairperson Woodhouse: Motion made and seconded. All those in favor.? Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion carries. Chairperson Woodhouse: 6:15 p.m. - Fitness Advantage - This site plan is for alteration of an existing 3,031 sq. ft. building into a fitness health club on a 0.75 acre parcel in the B Zone located at the n/e intersection of County Road 48 and Youngs Avenue, on the nlelslo CR 48 and the e/s/o Youngs Avenue, in Southold. SCTM#1000- 55-2-16 Is there anyone who would like to speak on behalf of this application? Patricia Moore, Esq.: This application is very complete. I spoke to Mr. Sirico(sp.?), who is here on behalf of Ms. Hagerman. They have no objection to putting some type of planting between the Willow Hill Garage and their property. Ms. Woodhouse: Ail right. We'll add that as a condition. Would anybody else like to address the Board on this application? Hearing no further comments, I'll entertain a motion to close the hearing. Mr. Edwards: So move. Mr. Sidor: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion carries. (The public hearing was closed at 7:30 p.m.) This heating is closed. We'll read the resolution. Mr. Edwards: I'd like to entertain the following: WHEREAS, the site plan is for alteration of an existing 3,646 sq. ft. building into a fitness health club on a 0.75 acre parcel in the B Zone in Southold, SCTM#1000-55-2- 16; and WHEREAS, the applicant, Sarah A. Hagerman, proposes the site plan alteration; and WHEREAS, Warren and Ellen Hufe are the owners of the property known as SCTM# 1000-55-2-16 and the property is located at the n/e intersection of County Road 48 and ¥oungs Avenue, on the n/e/s/o CR 48 and the e/s/o Youngs Avenue, in Southold; and WHEREAS, on August 18, 2004, a site plan application was submitted for approval; and WHEREAS, on September 7, 2004, the Southold Town Zoning Board of Appeals granted a Special Exception Variance under Appeal Number 5582; and 27 WHEREAS, on September 15, 2004, the Southold Fire District recommended that there is adequate fire protection for this property and this is valid for one year from the date of the letter and the Planning Board has accepted this recommendation; and WHEREAS, on December 30, 2004, the Suffolk County Department of Public Works approved the Highway Improvement Permit #48-192; and WHEREAS, on January 4, 2005, the Architectural Review Committee reviewed and approved the architectural drawings and associated site plan materials and the Planning Board has accepted this approval; and WHEREAS, on January 6, 2005, the Southold Town Building Inspector reviewed and certified the site plan for "Personal Service/Recreation Facility" use; and WHEREAS, on January 10, 2005, the Southold Town Planning Board, acting under the State Environmental Quality Review Act (6 NYCRR), Part 617.5 C-7 made a determination that the propose action is a Type II and not subject to review; and WHEREAS, on January 12, 2005, the Southold Town Engineering Inspector reviewed and issued comments on the proposed drainage and the Planning Board has accepted the recommendation and places additional conditions in this approval; and WHEREAS, on February 11, 2005, the Southold Town Engineering Inspector reviewed the revised site plan and approved the proposed drainage and the Planning Board has accepted the 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 three 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; and All signage shall meet Southold Town Zoning Codes and shall be subject to approval of the Southold Town Building Inspector; and The applicant agrees to address the Town Engineering Inspector's concerns set forth in a letter, dated January 12, 2005, and to install improvements as required with all supporting documents submitted to the Southold Town Planning Board prior to construction of the proposed changes; 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 Joseph A. Ingegno, Land Surveyor, dated September 20, 2004 and last revised February 3, 2005, with the following condition 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: 1. A continuous border of shrubs shall be planted along the entire easterly property line. Mr. Solomon: Second. Chairpereon Woodhouse: Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion carries. Chairperson Woodhouse: 6:20 p.m. - Approved Maior Subdivision Summit Estates, Lots '13 and 14 - Preposed amendment to filed Covenants and Restrictions. SCTM#1000-35-8-5.21 Is there someone to speak on behalf of the application? Jennifer Gould, Esq.: I'm here tonight representing Summit Estates. If the Board has any questions or anyone in the audience does, I'm happy to answer them. Ms. Woodhouse: Thank you. Is there anyone else who would like to speak on this application? Please step forward. Robert Inqram: I live in Summit Estates. I have no preblem with what they want to do if the Planning Board wants to go along with that. He filled in a pond. They wanted the swale. The problem is it sounds like the Town is holding us, the homeowners, hostage because they won't take over the read until he goes along and puts this swale in and that means we're not getting any snow removal. That's a big issue right now. We're not getting any snow removal. We have people that live back there who are handicapped. I spoke to the Town Engineer; he says the Highway Superintendent has been notified - if there is a preblem back there, we'll mobilize snow equipment to get an ambulance or fire equipment in there. By that time, the house could be down. Someone could get hurt. This is something that needs to be addressed concerning this Covenants and Restrictions' change. Ms. Woodhouse: Ms. Scopaz? Valerie Scopaz, Planninq Director: What I'd just like to say to you is that the matter before the Planning Board tonight is the issue of substituting the swale for the pond that was there. The question of the dedication of the road is a Town Board decision, not a 29 Planning Board decision. My understanding is that, in order for the Town Board to accept the dedication of the read, they need the recommendation from the Highway Superintendent saying that he will agree to that. I don't know how else we can handle this. I understand there's been some conversation between - Mr. In,qram: This has been going on - Ms. Scopaz: I understand that - just let me finish. I understand there's been a conversation between the Highway Superintendent and Town Council with regard to this matter and I would just suggest that perhaps tomorrow you could follow up with the Highway Superintendent about it because my understanding is that ,since the developer has agreed to a bond for the work and if the Board agrees to these amended Covenants and Restrictions on the property and that's filed, that the objection to the dedication may be removed. This would be a step in the direction of a dedication. I don't know if I've made myself clear but - Mr. In.qram: I understand what you're saying but this has been going on for a couple of years. Ms. Scopaz: We understand this. Ms. Woodhouse: We have been trying to resolve it. Mr. In.qram: I don't know if you've had any dealings with this guy before but, like I say, the homeowners are being held hostage here. We've had mail that wasn't able to get down there and, again, like I say - way down in the middle of the subdivision, we have a family there who has a handicapped person and, this past summer, two or three times needed assistance. If it had happened during one of these snowfalls, who knows what would have gone on. Chairperson Woodhouse: Let me assure you that we are doing everything we can to resolve it. I think there's a new attorney who is working to resolve it and that's what we are hoping to do. You might have something else to add, Ms. Gould? Jennifer Gould, Esq.: I can't personally attest but I was told that the roads were plowed three times during our last snowstorm which is probably more than the Town would have done in a similar situation. Mr. In.qram: Not true. Ms. Gould: I'm just saying that this is what I was told. We are doing everything we can to move the road dedication along. The swale, because of the weather, cannot be done right now but, prior to all this freeze, we did call an engineer in - Joe Fischetti - he has certified to the Planning Board that the swale is as it was designed by Land Use Planning. He submitted that certification. We also did test holes to satisfy Mr. Richter, the Town Engineer, that the quality of the soil is such that we could only dig a certain amount and that the swale would, in fact, work and those certifications have been done. So, I hope with the kind of due diligence that Summit Estates has put into this, that we 3O do not have to wait until May for the roads to be dedicated and that we could move this along now. Ms. Woodhouse: I think we're all on the same page trying to move this quickly. Mr. In,qram: Were you saying that Gusmar is going to put the swale in? Because at the last meeting - we had an impromptu meeting with Fakaris and he doesn't want to put the swale in. This was two weeks ago. Ms. Gould: I don't know if you read the Covenant and Restriction. I would be happy to show it to you after the meeting or during but it's a condition. There's a pond violation and we are trying and have been trying for seven months to correct the violation and we've finally come to an agreement on language. We've drafted it eight or nine times. We had a long meeting in the Town Attorney's Office in December and we all came to an agreement on what we wanted language wise and I think we're all in agreement on the swale. Ms. Woodhouse: Mr. Sidor, when he reads the resolution, it will be part of the public record. Mr. In,qram: What was he suggesting my next person to talk to - I've already talked to Jamie Richter, the Town Engineer, and you mentioned to talk to the Highway Superintendent now? Valerie Scopaz: Yes, my understanding - I spoke with him today - he was comfortable with possibly recommending to the Town Board that there be a dedication provided the Planning Board move tonight on this. All I'm saying to you is that's my understanding. That's what he said to me today. You don't have to believe me. You can call him up tomorrow and say look, Pete, I hear that... Just so you understand the process - the Planning Board may create a read but only the Town Board can accept the dedication of it. We can recommend whatever we want but the Town Board will only accept the recommendation of the Highway Superintendent and the Town Engineer because what they're doing is certifying that the roads are constructed according to standard. Mr. In.qram: Right, I understand that. Ms. Scopaz: So, that's the key thing there. They understand that the letter needs to be written. I know legal counsel has been made aware of the matter. Ms. Woodhouse: We're going to have our legal counsel address this issue. Kieran? Kieran Corcoran, Esq., Asst. Town Attorney: Sure. I don't have a lot more to add other than what Valerie has said and what Ms. Gould has said. It is true that it is in the hands of the Highway Superintendent and the Town Engineer to accept the roads, to recommend acceptance of the roads, to the Town Board. It's normally the case when they do recommend that the Town Board does accept them. I have spoken as recently as this afternoon - this evening - with the Highway Superintendent. I think everything is in line to move forward. It was important to him that these Covenants and Restrictions 3] be worked out and accepted by the Planning Board. It appears that that is going to happen. I don't think there's any further hold up with the acceptance of the roads from this point forward. I think everybody's view is that it should happen soon but it couldn't hurt to give a call if you want some further assurance. It is ultimately his decision to make that recommendation. Mr. In.qram: O.K. Thank you. Chairperson Woodhouse: Would someone else like to address the Board on this matter?. Ralph Grandinetti, 445 Osprey Nest Road, E. Marion: Good evening. I'm one of the Directors of the Homeowner's Association on Maple Lane. We are directly to the west of Summit Estates. Our concern this evening, among some of the others, would be flooding. Flooding is a problem. I have a copy of an article that was in the Suffolk Times regarding the builder who was in violation of your order to not touch the pond and he did so in his own regard. Now, it's changed to a swale. I looked up the definition of a swale which is a depression in a marshy area. Prior to this, we had a pond. Now, what has happened is the lay of the land is such that the water really cascades down across Summit Estates Property Lots 13 and 14 and is flooding on the homeowner McEIroy. In addition, it then goes on to Maple Lane. We have had the road actually closed and impassible. We're a community of one hundred families, a lot of which are elderly people. We have concerns about access to them in the event of an emergency. Again, getting back to definition - if a swale is a depression, how is that going to handle the water that comes from the Summit property when previously it had been a pond? Valerie Scopaz, Plannin.q Director: The Town Engineer reviewed the specifications and I believe they also asked for test borings to insure that, after the swale was created, that it would be able to handle the volume of water that is coming off the road and the land right now. So, the Town Engineer wanted to make sure that the swale will be able to handle the same volume of water that the pond had been handling which is what you're saying. If that system fails, I'm sure the Town will be back to address it but the Town Engineer is very conservative. He really is a very conservative guy. I seriously doubt that he would recommend accepting the swale unless he felt 100% sure that it would handle the run-off. Mr. Grandinetti: Just for clarification, are you saying that the Town will be responsible in the event the swale over flows and floods the road? Ms. Scopaz: That's a good legal question. Mr. Edwards, Board Member: The attorney just left. Ms. Scopaz: I'm assuming yes but I really can't speak to that. Bruno Semon, Sr. Site Plan Reviewer: Unfortunately, some of that water is collected at a bunch of different places and it deposits on Maple. There's a huge contour that feeds down to it. Summit Estates is only one little factor included in the water that is going down to Maple Lane and I'm sure that that gentleman will contest to it. Certainly, the pond picked up the water coming out of this area but it doesn't pick up the water that is coming from the Main Road heading down to the southern portion. Mr. Grandinetti: As stated, there is a hill to the south and there is to the north but we haven't had this problem since Summit has begun to re-arrange the topography. Maybe it's a little problem but it's a big problem for us and we really are in a bind as to how to do this. We're professional people in some cases but we're not hydrologists. We did consult a civil engineer who said a swale is not going to do it, that the amount of water that would be contained in the pond is far greater than the swale. That's my concern. If we could agree - but, if there's a flooding, where do we turn? Ms. Scopaz: Is Maple Lane private or public? Mr. Grandinetti: It's a private community - Cleave's Point Property Owners Association. Ms. Scopaz: Right. If there's run-off coming on to your road from the State Road, then we can certainly talk with the State about dealing with that part of the run-off. Legally, the Planning Board can only require that Summit Estates deal with the run-off generated from their site on their site. We can't force them to deal with run-off that's coming from another place on to your property so there may be two issues here. Maybe what we need to do is go and talk with the State Department of Transportation and see if perhaps there is any run-off coming off of their road that's impacting on yours. We can certainly look into that. Mr. Grandinetti: All right. Just for definition sake - a swale would be considerably less in volume than the pond. What I didn't understand from this article was why the Town in essence acquiesced to not digging the pond back to its original state but rather this lesser version. Chairperson Woodhouse: I don't think we acquiesced. We have been trying for a long time to get this pond dug up again to no avail. This property owner has been in violation of that and this is our best attempt to rectify the situation after the fact. So, I think there was never any acquisition on the part of the Town. It's been something that we have actively been fighting and for some of the same reasons that this gentleman mentioned. It was important to us to get the roads dedicated to make this property habitable to the people who are there and we have dealt with a number of attorneys on behalf of Summit Estates. Hopefully, with this attorney who is before us now, we're going to resolve it and move forward. Mr. Grandinetti: I don't mean to be presumptuous. Ms. Woodhouse: That's o.k. Mr. Grandinetti: There are a lot of things that I don't know. Ms. Woodhouse: Sure. 33 Mr. Grandinetti: For example, if the ultimate goal for Summit Estates is to sell homes, and in order to sell a home, it would have to have a Certificate of Occupancy. How is it they are able to sell and these violations still stand - these concerns? He was told, as in this article, don't fill in that pond and he did it anyway. I don't see why he cannot be told to re-create it. Am I jumping all over?. I don't mean to. Ms. Woodhouse: This pre-dates a little bit my tenure here so I am looking for some guidance. Mr. Grandinetti: I just think that you have the ultimate weapon and that is the Certificate of Occupancy. He can't sell without that. Ms. Woodhouse: But we don't give the Certificate of Occupancy. Mr. Grandinetti: No, but it's, you know- Ms. Woodhouse: It's not a Planning Department - that's the Building Department. We can only operate within our own sphere of influence. In this particular case, this is the area that we can deal with tonight - to approve the Covenants and Restrictions so that the road, hopefully, can get dedicated so that it can be plowed and maintained. That's what's on the table for us to make a decision upon. I think that through the department we can work with New York State to look at other potential read run-off that's affecting your area and we will look into that. Mr. Grandinetti: Are you people satisfied with the dimensions of the swale? Ms. Woodhouse: We are satisfied with the dimensions of the swale. It has been tested and we have accepted the report. I think it's been very thoroughly looked at. I just want to add that one of the reasons that we did go with the swale was the numerous objections from homeowners in your area who are concerned about stagnant water and mosquitoes in the pond as a breeding ground for mosquitoes. We've received numerous letters and testimonies from other homeowners on that issue, begging us to not put the pond back in. Ms. Gould? Jennifer Gould1 Esq.: I think one other issue besides the mosquitoes was also that the pond was also such a steep grade going down. It was extremely dangerous. For years this area hadn't been occupied and now you have a whole new subdivision. It was just way too deep. It originally started as an irrigation ditch. A farmer dug it; it wasn't a natural pond. It was a place where water was originally - I think Sepenoski farmed the property and it was originally an irrigation ditch and then became an irrigation pond and then a drainage pond over the years. It wasn't actually a true pond. Mr. Grandinetti: I can understand everything you're saying. My concern is whether you call it a pond, a re-charge basin or a sump, it's a means for gathering surface water and replacing it back in the ground. If it is steeper than what might be desired, you put a fence around it; you put trees around it. Throughout Nassau County, where I'm from, 34 that's the way it is handled. To say that it's deep and it's a concern, there are ways to address those concerns. Ms. Woodhouse: I hear what your concern is - will this swale be as efficient as a pond in taking care of some of the run-off and, according to the engineers, they believe that this will. Anthony Trezza, Sr. Planner: The Engineer's Report says that the percolation area is exactly the same as it is for the pond. Ms. Woodhouse: They are the professionals. We'll all hope that this is - Mr. Grandinetti: I approve of cross your fingers because I really don't know either. I'm concerned. Ms. Woodhouse: That's not my area of expertise and I doubt that it's any of my colleagues. Valerie Scopaz: I just have one request - if we do contact the Department of Transportation and are able to get them to send someone out to talk about the run-off issue, you said that you were the head of the civic group - Mr. Grandinetti: I'm the Vice-President of the Association. Ms. Scopaz: Can you give us a phone number where we can contact you - Mr. Grandinetti: I'll sign this and leave it here. Ms. Scopaz: Great. Chairperson Woodhouse: Thank you. I believe there's someone else who wants to speak on this issue. Yes, Sir?. William Danisi: I'm Lot #12 which is pretty close to where we're talking about this pond. I wrote one of the letters that you are talking about also. I have ten grandchildren who are always outside playing and I was very concerned about the pond and I was happy to see that we were going to do something else. I'm not saying that he did the right thing by closing it - he certainly didn't. I'm even concerned about the swale. How deep is a swale? How big is a swale? My children are my concern and I'm concerned about I didn't know what the swale was. I don't think that the drainage from Summit Estates is really a factor to these people because we're only talking about two lots here. The whole development is built with drainage in the streets and curbs. It's not this whole development draining into this pond. This pond always had water in it whether it reined or it didn't rain so it wasn't there for the purpose of catching rain water. It was filled all the time whether it rained or it didn't rain. It didn't go dry when it didn't have any rain so I don't think that the emptying or filling of this pond has anything to do with the drainage factor or his drainage problems. It seems like there's more than just this problem with those two lots. I think it's Lots 14 and 15 is where this pond was, in the back of these 35 lots. Everything else has it's own drainage. My property doesn't drain into that pond - never did. I'm really concerned about the swale. Is it another deep pond? Chairperson Woodhouse: It's 2 feet. Mr. Danisi: 2 feet deep, o.k. Mr. Semon: It's on Lots13 and 14. Mr. Danisi: 13 and 14 - all right, so it's adjacent to mine. Mr. Trezza: This shows you exactly the swale area. The percolation area is 3,660 square feet. It's equal to exactly what was there in the pond beforehand. It's going to be 20 feet wide and 2 feet deep. Mr. Danisi: All right. I can see this as being a solution to everybody's problem - the pond problem, the mosquito problem and getting these roads - Ms. Woodhouse: Good. We hope it is. Mr. Danisi: O.K. Thank you. Ms. Woodhouse: Is there anyone else who would like to speak on behalf of this application? Hearing no one, we'll entertain a motion to close the hearing. Mr. Edwards: So move. Mr. Solomon: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor?. Ayes: Ms. VVoodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. (The public hearing was closed at 7:50 p.m.) Mr. Sidor: WHEREAS, in November of 2000, the applicant had filled in the drainage pond located on Lots 14 and 15, re-numbered as Lots 13 and 14 on a certain map entitled "Map of Summit Estates, Section 2, East Marion"; and WHEREAS, the action was in direct violation of Section 9 of the Declaration of Protective Covenants and Restrictions, recorded at Liber 11506, Page 123 on July 23, 1992; and WHEREAS, the Planning Board has reviewed the proposed plan to mitigate the filling of the pond, has considered the safety concerns of the community and ruled that the vegetated drainage swale, as proposed in the July 19, 2004 Plan View, will require the amendment of 36 the Covenants and Restrictions recorded with the Suffolk County Clerk on July 23, 1992 (Liber 11506, Page 123); be it therefore RESOLVED, that the Southold Town Planning Board adopt the proposed amendment, dated February 11, 2005, to the Covenants and Restrictions previously recorded with the Suffolk County Clerk on July 23, 1992 (Liber 11506, Page 123). Mr. Edwards: Second the motion. Chairperson Woodhouse: Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? Hearing none, this motion carries. Thank you. Chairperson Woodhouse: 6:25 p.m. - Albertson Marine, Inc. - This site plan is for a 12,000 sq. ft. new building with 6,500 sq. ft. of warehouse space, 500 sq. ft. of bathroom space and 5,000 sq. ft. of retail space on a 1.089 acre parcel in the Mil Zone located at 61205 State Route 25, on the n/s/o State Route 25, approximately 1,717' e/o Laurel Avenue, in Southold. SCTM#1000-56-3-13.4 I believe there is someone here to speak on behalf of this applicant. Tom McCarthy, McCarthy Management: Looks like we're at the end of our process. I want to thank the Board and Staff for all the hard work that's gone into this. We've been in front of the Zoning Board and every other municipal entity, I think, in order to get here tonight. We're happy to be here. The Witske Family, Bill, Rich and Charlie, are also here who are the owners of the property as well as some of their employees. They're good local people and I guess we're here to answer any questions that you might have but we look forward to moving the application forward this evening. Ms. Woodhouse: Thank you. Mr. McCarthy: Thank you. Ms. Woodhouse: Is there anyone else who would like to speak on this application? Hearing none, are there any questions from the Board? Yes, Sir? Paul Deliteris, 455 Summer Lane, Southold: I'd like to speak on behalf of Bill and Albertson Marine that you would go ahead and grant this immediately. In their situation now, they have employees who are being moved from one building to another. There seems to be a problem there whether they're going to be able to stay. The permit needs to be dealt with very quickly in order for Bill to get his building built and be able to move one business to another. This is not just a matter of can it be done. This is a matter of people's jobs. Bill is also, as you know, a Fire Chief and is on the ambulance emergency crew and he does a lot for the Town so I think that with how he serves the 37 Town, the Town should serve him and that maybe he shouldn't even come to get the permit. Maybe you should deliver the permit to .him being that he delivers so much other time to the people of Southold Town. He's been doing this for two years. That's not funny. It's very difficult. He may lose the building that he's in so you need to move tomorrow, not yesterday - now. Ms. Woodhouse: Thank you. Mr. Deliteris: You're welcome. Ms. Woodhouse: We're not going to hand deliver it because we would get into a lot of trouble if we acted that way but I appreciate your sentiments. Is there anyone else who would like to speak? O.K. Hearing no other questions or comments, I would ask that we entertain a motion to close the hearing. Mr. Edwards: So move. Mr. Sidor: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. The hearing is closed. (The public hearing was closed at 7:55 p.m.) Would you like to read the resolution, please? Mr. Edwards: I'd like to entertain the following motion: WHEREAS, the site plan is for a 12,000 sq. ft. new building with 6,500 sq. ft. of warehouse space, 500 sq. ft. of bathroom space and 5,000 sq. ft. of retail space on a 1.089 acre parcel in the Mil Zone; and WHEREAS, the applicant, Albertson Marine, Inc., proposes new construction of a 12,000 sq. ft. building for boat yard use; and WHEREAS, the agent, Thomas J. McCarthy of McCarthy Management, proposes new construction of a 12,000 sq. ft. building for boat yard use; and WHEREAS, Main Road Brokerage, Inc. is the owner of the property known as SCTM# 1000-56-3-13.4 and the property is located at 61205 State Route 25, on the n/s/o of State Route 25, approximately 1,717' e/o Laurel Avenue, in Southold; and WHEREAS, on July 3, 2003, a site plan application was submitted for approval; and WHEREAS, on August 14, 2003, the Southold Fire District recommended adequate fire protection and the Planning Board has accepted this recommendation; and WHEREAS, on January 8, 2004, the Southold Town Zoning Board of Appeals reviewed the proposed construction and granted the variance as applied for under Appeal Number 5407; and WHEREAS, on August 27, 2004, the New York State Department of Transportation issued a Highway Work Permit under Case Number 10-04-0360; and WHEREAS, on October 8, 2004, the Suffolk County Department of Health Services approved the application under Reference Number C10-03-0010; and WHEREAS, on December 21, 2004, the New York State Department of Environmental Control issued a Freshwaters Wetlands Permit under Permit Number 1-4738- 03324/00001; and WHEREAS, on April 13, 2004, the Southold Town Planning Board, acting under the State Environmental Quality Review Act (6 NYCRR), Part 617.7, performed a coordinated review of this Unlisted Action. The Planning Board established itself as lead agency and, as lead agency made a determination of non-significance and granted a Negative Declaration; and WHEREAS, on April 21,2004, the Southold Town Trustees reviewed and approved the proposed construction under Permit Number 5889; and WHEREAS, on January 4, 2005, the Architectural Review Committee reviewed and approved with conditions the architectural drawings and associated site plan materials and the Planning Board has accepted this approval; and WHEREAS, on January 14, 2005, the Southold Town Building Inspector reviewed and certified the site plan for "boat yard use"; and WHEREAS, on January 24, 2005, the Southold Town Engineering Inspector reviewed and approved the proposed drainage and the Planning Board has accepted his recommendation; and WHEREAS, on January 27, 2005, the Suffolk Department of Public Works, on behalf of vector control, reviewed the propose project and recommended that continued access to the existing culvert be maintained for repair or replacement as needed and the Planning Board has accepted the recommendation; and WHEREAS, on February 14, 2005, the applicant submitted a SPDES General Permit (NYR-10H057) for Storm Water Discharges (General Permit Number GP-02-01) from the New York State Department of Environmental Conservation for the construction activities; and WHEREAS, the 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 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; and All signage shall meet Southold Town Zoning Codes and shall be subject to approval of Southold Town Building Inspector; and Owner/applicant and agent agrees to allow appropriate authorities to access the property for purpose of maintaining the drainage pipe as noted on the site plan; and All exterior lighting shall be submitted to the Planning Board for review prior '~o installation. All signage fixed/mounted or freestanding shall be submitted to the Planning Board for review prior to installation. The applicant submits new drawings to the Planning Department for review by the Architectural Review Committee (ARC) that detail a simplified pediment on the front elevation as conditioned by the A.R.C. January 4, 2004; 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 Steven Maresca Professional Engineer, dated August 20, 2004 and last revised February 1, 2005, and authorize the Chairperson to endorse the final site plans subject to a one year review from the date of the issuance of the building permit. Mr. Sidor: Second the motion. Chairperson Woodhouse: Motion made and seconded. All those in favor? Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? Hearing none, the motion carries. Hearings Held Over From Previous Meetings: Chairperson Woodhouse: Gatz Landscapin.q, 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 40 A-C Zone located approximately 464' n/o Sound Avenue on a private right-of-way in Mattituck. SCTM#1000-121-1-4.6 Is there someone here to speak on behalf of the applicant? Peter Danowski, Esq. on behalf of Gatz Landscapin,q: Walter and Marilyn and Donald Gatz are in attendance. If you recall, subsequent to the last hearing, Planning Staff had an opportunity to communicate with myself to make certain suggestions, asking us to make certain alterations to the plan. We met on site with several staff members and agreed to the conditions that were outlined. That included moving the building 10 feet further away from the property line and providing specific landscaping plantings which were specified as to type and native species. That plan was submitted in time for your Work Session and was submitted for the record at that time. I also, at that time, submitted some photographs which indicated sizes of barns starting from one on Eve's (sp.?) Farm in the Town of Riverhead, heading east through areas in the Town of Southold including the winery operation close to our site. It had always been my position that the Town of $outhold, over the years, had adopted a policy many times granting building permits on agricultural buildings without the need to go through site plan review and I question why the Gatz project had to go through site plan. I don't disagree with the legislation and the reading of it, however, the policy and the history in the Town, I think, was to be commended in that if you favor agriculture, you can set up some standards and, if the standards were met in a submission to the Building Department, they could be, as a farmer, exempt from site plan review and I would suggest that any future legislation consider that. You can certainly put 'criteria on parking and type of material for parking - maybe not asphalt but recycled concrete or whatever. But establish some very set standards that if you complied ,with on a site plan submission to the Building Department, the permit could be issued. And that would be farmer friendly. We're not talking about farm stands where you might want more detail but the pure agricultural use should be exempt from site plan review. Having said all that, my goal tonight was to have the hearing closed and receive a resolution of approval. However, I was aware of the fact that the Onufraks had submitted certain written matedal to the Board over a period of time and, even though I may not share in the conclusion of their legal position - or I should say Mr. Lark's legal position - attorneys can reasonably differ over interpretation of the law. It's always been my goal when neighbors are involved that, if I can get two people to agree - or maybe four people to agree or five - that, even at the last second before a Planning Public Hearing, that would be something that is a goal to be sought. I did broach Mr. Lark tonight and suggested to him that, if it did not slow down the process and if we could conclude the public hearing tonight subject to the Planning Board saying that they appreciated and favored the suggested modification to the site plan that I will soon announce, that I would make the verbal presentation regarding a modified plan, have Mr. Lark hear those words and his clients hear those words, have Mr. Lark and his clients acknowledge their consent and withdrawal of any objection to this proposal and then I would merely ask for you to perhaps meet with Counsel in Executive Session to discuss the propriety of moving forward. But I'd like to close the hearing tonight and have an approved site plan and I'd be willing to submit that modified plan within a 4] week's time so you could see it and review it at your next Work Session. And I would certainly provide a copy of that plan to Mr. Lark. The suggestion, after that long-winded presentation, is that we are willing to take the building locations and move them to a distance, a linear distance, on the plan 170 feet from the Onufrak property line. We are currently at 30 on the modified plan, 20 on the original plan. That would be 140 feet greater in distance. We'd also be suggesting that, as part of that modified plan, only if the Planning Board wished this concession, that we would do a planting along the property line of the Onufraks. And we're suggesting - and I think they've agreed - there would be no need to buffer the immediate side of the building but they would like a buffered planting on the property line. It apparently will be necessary to remove some plantings that currently exist of native species in the area where the future building will be located. We'd re-locate those plantings and also assure that they would live - I think in Planning, Staff was talking about some form of guarantee for a period of two years - and we would do that. So, there would always be a buffer line of plantings, native species that remain on the site today and we'd have this 170-foot distance. Also, I thought it beneficial - and I think the Onufraks have agreed to this comment - that we would flip the buildings. In other words, the larger part of the structure would be the farthest away from them and the narrower part of the building would be closest to them. I verbalize that rather than just trying to draw something as an attorney here before you tonight. It was very important to us that we conclude the procedure and close the hearing and yet have both Counsel with their clients acknowledge that everyone would agree to this plan. And I'm not presumptuous enough to say that the Planning Board likes the idea of pulling the building out farther but I state that, that we're willing to do that and the Onufraks would desire that. So, with that stated, unless I forgot something that Mr. Lark might remember, we're willing to move forward with that comment and that plan and ask you to close the hearing tonight and, only if you need the advice of Counsel about the ability to close the hearing and receive a re-submitted plan, I have nothing further to say. Richard Lark, Esq., Main Road, Cutcho.que, NY, for the applicant: While you were having the other hearings here, this was proposed by the applicant. Basically, the southerly end of the building would be no closer than 170 feet which puts it about in here. This is not to scale but we scaled it on the big map. We flipped the building which would come out like this and come around like that and, as he proposed to you in the Work Session, he would continue to buffer this entire line as the way he proposed it so he wouldn't need any buffering over here because this would now all eventually be field, if you know what I'm trying to say. No one is impacted. You've all seen the site - this is all nursery over here - they're not impacted. In fact, this is another reason this is shielded more from Cox Neck Road than from the other because - it doesn't show it on here but there is a row of trees in here and so his entrance way is already made for him over here. He's got about a 30-40 foot entranceway - if you go and look at it - so he doesn't have to do anything. It's all screened. Now, the trees that would have to be moved in ,h. ere are arborvitae and spruce. They're all free standing. They're not bunched up and he s got the equipment that he can just take them and put them right along in here. The impact here would be very minimal of having to take out some trees over in 42 here and he could still meet all the other requirements of the site plan just by merely flipping it. Basically, what he's doing is - Mr. Edwards: Is your client happy with it? Mr. Lark: Yes, they're satisfied with it. I just want you to understand that, if you take a look at it, it would be just turning it over that way. Yes, they're here and they'll put it on the record for you. They're here. They were party to all the discussions that I had with Mr. Danowski and his proposal and I assume - I know that the Gatzs are in favor of it too. Of course, that would have to be submitted to you; Staff would have to take a look at it as well as we would take a look at it, so on and so forth. That's basically, in simplest terms, 170 feet and buffering - flipping, that's about it. Ms. Woodhouse: So, the building that you're proposing remains the same square footage? Mr. Danowski: Exactly. Ms. Woodhouse: There's no change in the height? Mr. Danowski: That is correct. Chairperson Woodhouse: Is there anyone else who would like to speak on behalf of this application? Hearing nothing else, I'll entertain a motion to close the hearing. Mr. Edwards: So move. Mr. Sidor: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. The hearing is closed. Ms. Scopaz: WHEREAS, the site plan is for the new construction of an 11,700 sq. ft. building for agricultural use on a 5-acre parcel in the A-C Zone, SCTM 1000-121-1-4.6; WHEREAS, the applicant, Peter S. Danowski, Jr., proposes new construction of an 11,700 sq. ft. building exclusively for agricultural use on a 5-acre parcel in the A-C Zone; and WHEREAS, Walter & Marilyn Gatz are the owners of the property located approximately 464' n/o Sound Avenue on a private right-of-way, also known as 6477 Sound Avenue, in Mattituck; and 43 WHEREAS, on November 15, 2004, a site plan application was submitted for approval; and WHEREAS, on November 18, 2004, the Architectural Review Committee reviewed and approved the architectural drawings and associated site plan materials and the Planning Board has accepted this approval; and WHEREAS, on November 24, 2004, the Mattituck Fire District recommended no additional hydrant or wells and requested a right-of-way be maintained to a minimum of 15 wide' x 15' high and the Planning Board has accepted this recommendation; and WHEREAS, on December 14, 2004, 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 two items are incorporated and included in the site plan: 1. All outdoor lighting shall be shielded so that the light source is not visible from adjacent properties and roadways. Lighting fixtures shall focus and direct the light in such a manner as to contain the light and glare within property boundaries. The lighting must meet the Town Code requirements. 2. All signage shall meet Southold Town Zoning Codes and shall be subject to approval of the Southold Town Building Inspector; and WHEREAS, the Planning Board finds that the following modifications to the site plan will ameliorate planning concerns: 1. Re-locate the building a minimum of 170' north of the southerly property line. 2. Flip the building so that the narrow side of the building faces south. 3. Buffer the entire south property boundary with native "Cedar-type" evergreen species starting at 6' and greater height. 4. Survivability clause on all transplanted shrubs; 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 and certified by Howard W. Young, Land Surveyor, dated April 6, 2004 and last revised November 12, 2004, subject to fulfillment of the following requirements: 44 1. Approval from Suffolk County Department of Health Services. The applicant 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. 3. Certification by the Building Department. 4. Approval of the drainage by the Town Engineering Inspector. Compliance with the four conditions stated above and shown on the submission of 6 revised site plans detailing changes to the Planning Board for review. These requirements must be met within six (6) months of the resolution. Failure to adhere to these requirements within the prescribed time period will render this approval null and void. Mr. Edwards: Second the motion. Chairperson Woodhouse: Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. Chairperson Woodhouse: Silver Nail Vineyards - This proposed site plan is for a new winery building of 5,477 sq. ft. on a 21.5019 acre parcel in the A-C Zone located on the n\s\o New York State Route 25, 3,612' e\o Peconic Lane, in Southold. SCTM#(s)1000- 75-2-15.1 & 15.2 Mr. Edwards: BE iT RESOLVED that the Southold Town Planning Board hereby holds the public hearing for Silver Nail Vineyards open. Mr. Solomon: Second. Chairperson Woodhouse: Motion made and seconded. All those in favo~ Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. 45 Chairperson Woodhouse: Perino, Joseph - This proposed major subdivision is for 7 lots on 20.8211 acres. The property is located on the south side of Main Road, 150' west of Sigsbee Road, in Mattituck. SCTM#1000-122-7-9. Anthony Trezza, Sr. Planner: We need to vacate the public hearing. Ms. Woodhouse: I'll ask that Ken read this resolution, please. Mr. Edwards: I'll entertain the following motion: WHEREAS, on August 24, 2004, the Town of Southoid Town Board adopted Local Law No. 18, 2004 "A Local Law in relation to a new Chapter A106 - Subdivision of Land of the Code of the Town of Southold"; therefore, be it RESOLVED, that pursuant to Chapter A106, the Planning Board hereby classifies this application as a Standard Subdivision. Mr. $idor: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. Mr. Edwards: BE IT FURTHER RESOLVED, that the application must be revised and re-submitted to conform with Chapter A106 - Subdivision of Land of the Code of the Town of Southold" in order for the Planning Board to process the application. Mr. Sidor: Second. Chairperson Woodhouse.' Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. Mr. Edwards: BE IT FURTHER RESOLVED, that the public hearing is hereby vacated. Mr. Sidor: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor?. 46 Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE- SUBDIVISIONS (Lot Line Changes) Ms. Woodhouse: What we're going to be doing next is there are a number of subdivision applications that are being re-classified as conservation subdivisions or standard subdivisions. For all of the standard subdivisions, the same language will apply. By that, I mean the applications will have to be revised; they'll be re-submitted to conform with Chapter A106 of the new subdivision code and, upon, written request, the Planning Board may credit previously paid application fees towards the new application. Classifications: Conservation Subdivisions: Chairperson Woodhouse: Booth, Edward - This proposal will set off a 2-acre lot (Lot 3) from a 28.36-acre parcel which includes a 2-acre building envelope (Lot 1). The property is located n/o CR 48, w/o Mt. Beulah Ave. and s/o Sound View Ave., in Southold. SCTM#1000-51-2-7 & 8. Mr. Sidor: WHEREAS, this proposal will set off a 2-acre lot (Lot 3) from a 28.36-acre parcel which includes a 2-acre building envelope (Lot 1); and WHEREAS, the applicant proposes to sell Development Rights upon 22.8647 acres of Lot 1; and WHEREAS, this proposal also includes a lot line change that will transfer 43,590 sq. ft. from SCTM#1000-52-2-8 (Lot 1) to SCTM#1000-52-2-7 (Lot 2) in the R-80 Zoning District resulting in a 1.5 acre lot (Lot 2); and WHEREAS, on October 14, 2003, the Planning Board granted conditional sketch plan approval on the plat, dated June 20, 2003; and WHEREAS, the applicant has requested a retro-active extension of conditional sketch plan approval from October 14, 2003 to October 14, 2005; and WHEREAS, on August 24, 2004, the Town of Southold Town Board adopted Local Law No. 18, 2004 "A Local Law in relation to a new Chapter A106 - Subdivision of Land of the Code of the Town of Southold"; therefore, be it 47 RESOLVED, that the Planning Board grants an extension of conditional sketch plan approval from October 14, 2003 to October 14, 2005. Mr. Edwards: Second the motion. Chairperson Woodhouse: Motion made and seconded. All those in favor? Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. Mr. Sidor: BE IT FURTHER RESOLVED, that pursuant to Chapter A106, the Planning Board hereby classifies this application as a Conservation Subdivision. Ms. Woodhouse: Second. Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? That motion carries. Mr. Sidor: BE IT FURTHER RESOLVED, that the Park and Playground Fee has been reduced to $3,500.00 per vacant residential lot, therefore, the amount due is $7,000.00. Mr. Edwards: Second the motion. Chairperson Woodhouse: Motion made and seconded. All those in favor? Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. Chairperson Woodhouse:Doroski Family Limited Partnership - This proposed subdivision is for4 lots on 40.56 acres where Lot 1 equals 99,316 sq. ff.; Lot 2 equals 103,823 sq. ft.; Lot 3 equals 80,000 sq. ft. and Lot 4 equals 34.06 acres upon which Development Rights have been sold. The property is located s/o Sound View Avenue, + 170' w/o Hope Lane, in Southold. SCTM#1000-69-1-9. WHEREAS, this proposal is to subdivide a 40.56 acre pamel 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 48 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 16, 2005; therefore, be it RESOLVED, that the Planning Board classifies this subdivision as a Conservation Subdivision pursuant to the new Chapter A106. Mr. Sidor: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. BE IT FURTHER RESOLVED, that pursuant to Section A106-60, the Park and Playground Fee for this action has been reduced to $10,500.00 and must be submitted prior to final approval. Mr. Sidor: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. Chairperson Woodhouse: McFeely, John - This proposed subdivision is for 6 lots on a 30.785 acre parcel where Lot 1 equals 1.56 acres; Lot 2, 2.35 acres; Lot 3, 2.08 acres and Lot 4, 1.47 acres. The Town of $outhold and the County of Suffolk will acquire fee title to Lot 5 equal to 11.40 acres and Lot 6 equal to 11 .'38 acres for open space purposes. The project is located n/o NYS Route 25 and the LIRR easement in Laurel. SCTM#1000-125-1-14 WHEREAS, this proposed major subdivision is for 6 lots on a 30.785-acre parcel where Lot 1 equals 1.67 acres; Lot 2, 2.31 acres; Lot 3, 2.09 acres and Lot 4, 2.09 acres; the Town of Southold and the County of Suffolk will acquire fee title to Lot 5 equal to 11.39 acres and Lot 6 equal to 11.39 acres for open space purposes; and WHEREAS, on August 24, 2004, the Town of Southold Town Board adopted Local Law No. 18, 2004 "A Local Law in relation to a new Chapter A106 - Subdivision of Land of the Code of the Town of Southold"; therefore, be it 49 RESOLVED, that pursuant to Chapter A106, the Planning Board hereby classifies this application as a Conservation Subdivision. Mr. Edwards: Second the motion. Chairperson Woodhouse: Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. BE IT FURTHER RESOLVED, that the Park and Playground Fee has been reduced to $3,500.00 per vacant residential lot, therefore, the required amount due has been reduced to $10,500.00. Mr. Edwards: Second the motion. Chairperson Woodhouse: Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. Chairperson Woodhouse: Purita, Frank - This proposal is to subdivide a 27.0309-acre parcel into 3 lots where Lot 1 equals 40,575 sq. ft.; Lot 2 equals 46,565 sq. ft. and Lot 3 is comprised of a 22.5227-acre Development Rights Sale, a 2.28-acre building envelope and a 148.68 x 65.00-foot building envelope in the north of the parcel for a barn structure. The property is located n/o the intersection of Old North Rd. & CR 48 and s/o Sound View Ave. in $outhold. SCTM#1000-51-3-4.3 Mr. Edwards: I'd like to entertain the following motion: WHEREAS, the applicant proposes to subdivide a 27.0309-acre parcel into 3 lots where Lot 1 equals 40,575 sq. ft.; Lot 2 equals 46,565 sq. ft. and Lot 3 is comprised of a 22.5227-acre Development Rights Sale, a 2.28-acre building envelope and a 148.68 x 65.00-foot building envelope in the north of the parcel for a barn structure; and WHEREAS, the applicant has submitted an agreement, executed on March 21, 2002, between the applicant and the County of Suffolk to purchase Development Rights on Lot 3 (23+ acres); and WHEREAS, conditional sketch plan approval was granted on December 9, 2003; and WHEREAS, the applicant has requested an extension of conditional sketch plan approval from December 9, 2003 to June 9, 2005; and WHEREAS, on August 24, 2004, the Town of Southold Town Board adopted Local Law No. 18, 2004 "A Local Law in relation to a new Chapter A106 - Subdivision of Land of the Code of the Town of Southold"; therefore, be it RESOLVED, that the Planning Board grants an extension of conditional sketch plan approval from December 9, 2003 to June 9, 2005. Mr. Sidor: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor? Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. Mr. Edwards: BE IT FURTHER RESOLVED, that pursuant to Chapter A106, the Planning Board hereby classifies this application as a Conservation Subdivision. Mr. Sidor: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor? Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. Mr. Edwards: BE IT FURTHER RESOLVED, that the Park and Playground Fee has been reduced to $3,500.00 per vacant residential lot, therefore, the required amount due has been reduced to $7,000.00. Chapter A106 requires that a separate final application be filed for this application with this office. Mr. Solomon: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. Standard Subdivisions: 5] Chairperson Woodhouse: Alexander, Leslie - This proposed subdivison is to create four, 5-acre lots on 48.9 acres in the AC Zoning District. The property is located at the n/e corner of Mill Lane and Oregon Road in Mattituck. SCTM#1000-100-2-2 WHEREAS, this proposed subdivision is for 4 lots on 48.87 acres; and WHEREAS, on August 24, 2004, the Town of Southold Town Board adopted Local Law No. 18, 2004 "A Local Law in relation to a new Chapter A106 - Subdivision of Land of the Code of the Town of Southold"; therefore, be it RESOLVED, that pursuant to Chapter A106, the Planning Board hereby classifies this application as a Standard Subdivision. Mr. Sidor: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. BE IT FURTHER RESOLVED, that the application must be revised and re-submitted to conform with "Chapter A106 - Subdivision of Land of the Code of the Town of Southold" in order for the Planning Board to process the application. Upon written request, the Planning Board may credit application fees previously paid. to the Town of Southold. The determinatio.n will be based upon the amount of work that has been accomplished to date on the application. Mr. Sidor: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. Chairperson Woodhouse: Baxter at Griffin~l Street - This subdivision is to divide 2.78 acres into 4 lots. The property is located on the n/e side of Griffing Street and the s/e side of School House Road, Cutchogue. SCTM#1000-102-5-9.3 WHEREAS, this subdivision is to divide 2.78 acres into 4 lots; and WHEREAS, on August 24, 2004, the Town of Southold Town Board adopted Local Law No. 18, 2004 "A Local Law in relation to a new Chapter A106 - Subdivision of Land of the Code of the Town of Southold"; therefore, be it RESOLVED, that pursuant to Chapter A106, the Planning Board hereby classifies this application as a Standard Subdivision. Mr. Sidor: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. BE IT FURTHER RESOLVED, that the application must be revised and re-submitted to conform with Chapter A106 - Subdivision of Land of the Code of the Town of Southold" and must be revised and resubmitted to conform with Chapter A106 - Subdivision of Land of the Code of the Town of Southold" in order for the Planning Board to process the application. Upon written request, the Planning Board may credit previously paid application fees towards the new application. The determination will be based upon the amount of work that has been accomplished to date on the application. Mr. Solomon: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. Chairperson Woodhouse: Baxter~ Mark - This proposal is to subdivide a 6.78-acre parcel into 2 lots where Lot 1 equals 4.407 acres with an existing dwelling and Lot 2 equals 2.616 acres. The property is located n/o Main Bayview Road, 325' e/o Smith Drive South, in Southold. SCTM#1000-78-7-5.3 and 5.4 Mr. Edwards: WHEREAS, on August 24, 2004, the Town of Southold Town Board adopted Local Law No. 18, 2004 "A Local Law in relation to a new Chapter A106 - Subdivision of Land of the Code df the Town of Southold"; and WHEREAS, this subdivision proposes to subdivide a 6.78-acre parcel into 2 lots where Lot 1 equals 4.407 acres with an existing dwelling and Lot 2 equals 2.616 acres (SCTM# 1000-78-7-5.3 and 5.4); and 53 WHEREAS, the applicant has submitted an Existing Resources Site Analysis Plan (ERSAP) and yield plat for the action; and WHEREAS, the action is located immediately adjacent to Goose Creek, a listed Critical Environmental Aroa regulated pursuant to Article 8 of the Environmental Conservation Law and NYCRR 617; therefore, be it RESOLVED, that pursuant to the new Chapter A106, the Planning Board classifies this application as a Standard Subdivision. Ms. Woodhouse: Second. Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. Mr. Edwards: BE IT FURTHER RESOLVED, that the Southold Town Planning Board start the SEQRA lead agency coordination process for this Unlisted Action. Mr. Solomon: Second. Chairperson Woodhouse: Motion made and seconded. All those in favo~ Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. Chairperson Woodhouse: BCB Realty Holding Corp. - This proposed subdivision is for 4 lots on 14.174 acres where Lot 1 equals 3.44 acres, Lot 2 equals 3.39 acres; Lot 3 equals 3.47 acres and Lot 4 equals 3.22 acres. The project is located on Main Bayview Road, +300 feet e/o Midland Parkway, in Southold. SCTM#1000-88-2-15 WHEREAS, this subdivision is for 4 lots on 14.174 acres; and WHEREAS, prior to issuing any approvals for any proposed subdivision located on the Groat Hog Neck Peninsula, the Planning Board required that a Generic Environmental Impact Statement be prepared for this aroa; and WHEREAS, on August 12, 2002, the Southold Town Planning Board, pursuant to Part 617, Article 6 of the Environmental Conservation Law, acting under the State Environmental Quality Review Act, established itself as lead agency, and as lead agency has determined that the proposed action may have a significant impact on the 54 environment when cumulatively assessed with all proposed development and adopted a Positive Declaration for the proposed action; and WHEREAS, on August 24, 2004, the Town of Southold Town Board adopted Local Law No. 18, 2004 "A Local Law in relation to a new Chapter A106 - "Subdivision of Land of the Code of the Town of Southold"; therefore, be it RESOLVED, that pursuant to Chapter A106, the Planning Board hereby classifies this application as a Standard Subdivision. Mr. Solomon: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. BE IT FURTHER RESOLVED, that the application must be revised and re-submitted to conform with Chapter A106 - "Subdivision of Land of the Code of the Town of Southold" in order for the Planning Board to process the application. Mr. Solomon: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson VVoodhouse: Opposed? The motion is carried. BE IT FURTHER RESOLVED, that this Standard Subdivision is no longer valid for the action and the Positive Declaration is rendered obsolete and closed. Upon written request, the Planning Board may credit previously paid application fees towards the new application. The determination will be based upon the amount of work that has been accomplished to date on the application. Mr. Solomon: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. 55 Chairperson Woodhouse: Booth, Edward - This proposal is to subdivide a 2-acre lot from an 8.05 acre parcel. The property is located n/o Sound View Ave., 1,669 feet e/o Lighthouse Rd., in Southold. SCTM#1000-50-2-15 WHEREAS, this proposal is to subdivide a 2 acre lot from an 8.05 acre parcel; and WHEREAS, the Planning Board granted conditional sketch plan approval on November 11,2003; and WHEREAS, the applicant has requested an extension of conditional sketch plan approval from May 11,2004 to May 11,2005; and WHEREAS, the Town of Southold's Farm and Farmland Protection Strategy, adopted unanimously by the Town Board in January 2000, encourages the use of private conservation measures including gifts of conservation easements; and WHEREAS, the owner of the above-referenced property is willing to voluntarily grant a conservation easement to the Peconic Land Trust which protects important natural resources and scenic values and reduces the potential residential density on the property from 4 lots to no more than 2 lots; and WHEREAS, on August 24, 2004, the Town of Southold Town Board adopted Local Law No. 18, 2004 "A Local Law in relation to a new Chapter A106 - Subdivision of Land of the Code of the Town of Southold"; and WHEREAS, the percent of preservation upon the parcel does not meet the 75% or 80% requirement as defined in the definition of a Conservation Subdivision; therefore, be it RESOLVED, pursuant to Chapter A106, the Planning Board hereby classifies this application as a Standard Subdivision. Mr. Solomon: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor.? Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. BE IT FURTHER RESOLVED, that the Planning Board grant the retroactive extension of conditional sketch plan approval from May 11, 2004 to May 11,2005. Mr. Solomon: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. BE IT FURTHER RESOLVED, that the application must be revised and re-submitted to conform with Chapter A106 - "Subdivision of Land of the Code of the Town of Southold", as revised, subject to the following conditions: 1. The application will not be subject to any retroactive requirements and will be processed from the sketch plan approval forward. 2. The requirement of the preliminary application submission is hereby waived. Mr. Edwards: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. Chairperson Woodhouse: Colony Pond - This proposed subdivision is to divide 13.5892 acres parcel into 4 lots, where Lot 1 equals 103,556 sq. ft.; Lot 2 equals 91195 sq. ft.; Lot 3 equals 85,754 sq. ft. and Lot 4 equals 7.154 acres. The property is located s/o Colony Road, 150 feet e/o Bayview Avenue, in Southold. SCTM#1000-52-5-60.3 WHEREAS, this proposed subdivision is for 4 lots on 13.58 acres; and WHEREAS, on August 24, 2004, the Town of Southold Town Board adopted Local Law No. 18, 2004 "A Local Law in relation to a new Chapter A106 - Subdivision of Land of the Code of the Town of Southold"; therefore, be it RESOLVED, that pursuant to the new Chapter A106, the Planning Board hereby classifies this application as a Standard Subdivision; and be it further RESOLVED, that the application must be revised and re-submitted to conform with "Chapter A108 - Subdivision of Land of the Code of the Town of Southold" in order for the Planning Board to process the application. Upon written request, the Planning Board may credit application fees previously paid to the Town of Southold. The determination will be based upon the amount of work that has been accomplished to date on the application. Mr. Edwards: Second the motion. Chairperson Woodhouse: Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon 57 Chairperson Woodhouse: Opposed? The motion is carried. Chairperson Woodhouse: Flower Hill Building Corp. - This proposed subdivision is for 27.15 acres to be divided into 13 lots. The property is located n/o Ackerly Pond Road and w/o NYS 25 in Southold. SCTM#1000-69-3-10.1 RESOLVED, that pursuant to Chapter A106, the Planning Board hereby classifies this application as a Standard Subdivision. Mr. Sidor: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Edwards, Mr. $idor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. BE IT FURTHER RESOLVED, that the application must be revised and re-submitted to conform with "Chapter A106 - Subdivision of Land of the Code of the Town of Southold" in order for the Planning Board to process the application. Upon written request, the Planning Board may credit the application fees previously paid to the Town of Southold. The determination will be based upon the amount of work that has been accomplished to date on the application. Mr. Sidor: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Edwards, Mr. $idor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. Chairperson Woodhouse: Glover, Leander - This proposal is to subdivide a 12.57-acre parcel into two lots where Lot 1 equals 1.0 acres and Lot 2 equals 11.57 acres. The property is located south of Cox's Lane, 1,500' northwest of NY$ Route 25, in Cutchogue. SCTM#1000-95-4-7.1 Mr. Edwards: WHEREAS, this proposal is to subdivide a 12.57-acre parcel into two lots where Lot 1 equals 1.0 acres and Lot 2 equals 11.57 acres; and WHEREAS, this application was exempt from the moratorium and, therefore, was proceeding with Planning Board approval accordingly; and WHEREAS, the Southold Town Planning Board granted conditional sketch plan approval on February 10, 2003 for the proposed action; and WHEREAS, conditional sketch approval expired on August 10, 2003; and WHEREAS, the applicant has submitted a letter, dated February 7, 2005, requesting a retro-active extension of time for the February 10, 2003 conditional sketch approval; and WHEREAS, since the issuance of conditional sketch approval, the Town of Southold Town Board adopted Local Law No. 18, 2004 "A Local Law in relation to a new Chapter A106-Subdivision of Land of the Code of the Town of Southold" on August 24, 2004; therefore, be it RESOLVED, that the Southold Town Planning Board re-classifies this application as a Standard Subdivision in accordance with the provisions of Chapter A-106 of the Town Code. Ms. Woodhouse: Second. Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Edwards, Mr. SJdor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. Mr. Edwards: BE IT FURTHER RESOLVED, that the Planning Board hereby grants an extension of time for sketch approval until August 10, 2005. Mr. Sidor: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. Mr. Edwards: BE IT FURTHER RESOLVED, that the subject application will enter the application process at the preliminary plat approval stage. Mr. Solomon: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor?, Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. Chairperson Woodhouse: Grattan~ Joseph & Barbara - This proposal is to subdivide a 27.44 acre pamel into two lots where Lot 1 equals 1.83 acres and Lot 2 equals 25.608 acres. The property is located 147' north of School House Lane, and west of Depot Lane, in Cutchogue. SCTM#1000-102-1-9 Mr. Sidor: WHEREAS, this proposal is to subdivide a 27.44 acre parcel into two lots where Lot 1 equals 1.83 acres and Lot 2 equals 25.608 acres; and WHEREAS, this application was exempt from the moratorium and therefore was proceeding with Planning Board approval accordingly; and WHEREAS, the Southold Town Planning Board granted conditional sketch plan approval on November 10, 2003 for the proposed action; and WHEREAS, conditional sketch approval expired on May 10, 2004; and WHEREAS, the applicant has submitted a letter, dated February 8, 2004, requesting an extension of time for the November 10, 2003 conditional sketch approval; and WHEREAS, since the issuance of conditional sketch approval, the Town of Southoid Town Board adopted Local Law No. 18, 2004 "A Local Law in relation to a new Chapter A106-Subdivision of Land of the Code of the Town of Southold" on August 24, 2004; therefore, be it RESOLVED, that the Planning Board hereby grants an extension of time for sketch approval until May 10, 2005. Mr. Solomon: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. Mr. Sidor: 6O BE IT FURTHER RESOLVED, that the Southold Town Planning Board re-classifies this application as a Standard Subdivision in accordance with the provisions of Chapter A- 106 of the Town Code. Mr. Edwards: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson WoodhousP,: Opposed? The motion is carried. Mr. Sidor: BE IT FURTHER RESOLVED, that the subject application will enter the application process at the preliminary plat approval stage. Mr. Edwards: Second. _Chairperson Woodhouse: Motion made and seconded. All those in favor? Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. Chairperson Woodhouse: Hillcrest Estates, Section ? - This subdivision is for 8 lots on 23.0777 acres. The property is located on the north side of Heath Drive and the east side of Soundview Drive in Orient. SCTM#1000-13.2.8.2 WHEREAS, this subdivision is for 8 lots on 23.07 acres; and WHEREAS, on August 24, 2004, the Town of Southold Town Board adopted Local Law No. 18, 2004 "A Local Law in relation to a new Chapter A106 - Subdivision of Land of the Code of the Town of Southold"; therefore, be it RESOLVED, that pursuant to Chapter A106, the Planning Board hereby classifies this application as a Standard Subdivision. Mr. Edwards: Second the motion. Chairperson Woodhouse: Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon .Chairperson Woodhouse: Opposed? The motion is carried. 6! BE IT FURTHER RESOLVED, that the application must be revised and re-submitted to conform with "Chapter A106 - Subdivision of Land of the Code of the Town of Southold" in order for the Planning Board to process the application. Upon written request, the Planning Board may credit application fees previously paid to the Town of Southold. The determination will be based upon the amount of work that has been accomplished to date on the application. Mr. Edwards.'. Second the motion. Chairperson Woodhouse: Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. Chairperson Woodhouse: James Creek Landinq - This subdivision is for 5 lots on 15.9 acres. The property is located 100 feet east of Pacific Street on Main Road in Mattituck. SCTM#1000-122-3~1.4 WHEREAS, this subdivision is for 5 lots on 15.9 acres; and WHEREAS, on August 24, 2004, the Town of Southold Town Board adopted Local Law No. 18, 2004 "A Local Law in relation to a new Chapter A106 - Subdivision of Land of the Code of the Town of Southold"; therefore, be it RESOLVED, that pursuant to Chapter A106, the Planning Board hereby classifies this application as a Standard Subdivision. Mr. Solomon: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. BE IT FURTHER RESOLVED, that the application must be revised and re-submitted to conform with "Chapter A106 - Subdivision of Land of the Code of the Town of Southold". Upon written request, the Planning Board may credit application fees previously paid to the Town of Southold. The determination will be based upon the amount of work that has been accomplished to date on the application. Mr. Sidor:. Second. 62 Chairperson Woodhouse: Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. Chairperson Woodhouse: Kaloski, Michael & Irene - This proposal will subdivide a 8.30-acre parcel, SCTM#1000-102-4-6.2, into 2 lots where Lot 1 equals 2.02 acres and Lot 2 equals 5.35 acres, in addition, with a lot line change that will transfer .402 acres from SCTM#1000-102-4-6.2 to SCTM#1000-102-4-7.1 which, following the transfer, will equal .918 acres. The property is located on Alvahs La., 2,056 ft. n/o Main Rd. (NYS 25) & s/o Middle Rd. (CR 48) in Cutchogue. SCTM#1000-102-4-6.2 & 7.1 Mr. Edwards: I'd like to entertain the following: WHEREAS, this proposal will subdivide a 8.30-acre parcel, SCTM#1000-102-4-6.2, into 2 lots where Lot 1 equals 2.02 acres and Lot 2 equals 5.35 acres, in addition, with a lot line change that will transfer .402 acres from SCTM#1000-102-4-6.2 to SCTM#1000- 102-4-7.1 which, following the transfer, will equal .918 acres; and WHEREAS, on September 23, 2003, the Southold Town Board adopted Resolution No. 642 of 2003 approving a conditional waiver from Local Law No. 3 of 2002, Local Law No. 3 of 2003 and Local Law No.13 of 2003 for the proposed action, allowing the application to proceed with Planning Board review and approval; and WHEREAS, the Southold Town Planning Board granted conditional sketch approval on January 12, 2004 on the map, dated as last revised October 10, 2003; and WHEREAS, the Southold Town Planning Board granted an extension of time for sketch approval until January 12, 2005 by resolution dated September 14, 2004; and WHEREAS, the applicant has requested another extension of time for conditional sketch approval in order to obtain Health Department approval; and WHEREAS, since the issuance of conditional sketch approval, the Town of Southold Town Board adopted Local Law No. 18, 2004 "A Local Law in relation to a new Chapter A106-Subdivision of Land of the Code of the Town of Southold" on August 24, 2004; therefore be it RESOLVED, that the Southold Town Planning Board hereby grants an extension of time for conditional sketch approval until July 12, 2005. Mr. Solomon: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. Mr. Edwards: BE IT FURTHER RESOLVED, that the Southold Town Planning Board rs-classifies this application as a Standard Subdivision in accordance with the provisions of Chapter A106 of the Town Code. Mr. Solomon: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. Mr. Edwards: BE IT FURTHER RESOLVED, that the subject application will enter the application process at the preliminary plat approval stage. Mr. Solomon: Second. Chairperson Woodhouse: Motion made and seconded. All those in favo~ Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. Chairperson Woodhouse: Kanev, H. Lloyd - This proposal is to subdivide a 25.449- acre parcel into two lots where Lot 1 equals 2.93 acres and Lot 2 equals 22.511 acres. The property is located at the terminus of Strathmors Road and the west side of Rocky Point Road, approximately 300' south of Aquaview Avenue, in East Marion. SCTM#1000-21-1-30.1 WHEREAS, this proposal is to subdivide a 25.45 acrs parcel into two lots where Lot 1 equals 2.93 acres and Lot 2 equals 22.51 acres; and WHEREAS, this application was exempt from the moratorium and, therefore, was proceeding with Planning Board approval accordingly; and WHEREAS, the Southold Town Planning Board granted conditional sketch plan approval on May 10, 2004 for the proposed action; and 64 WHEREAS, an extension of time for conditional sketch approval until May 10, 2005 was granted by the Planning Board on December 14, 2004; and WHEREAS, since the issuance of conditional sketch approval, the Town of Southold Town Board adopted Local Law No. 18, 2004 "A Local Law in relation to a new Chapter A106-Subdivision of Land of the Code of the Town of Southold" on August 24, 2004; therefore, be it RESOLVED, that the Southold Town Planning Board re-classifies this application as a Standard Subdivision in accordance with the provisions of Chapter A-106 of the Town Code. Mr. Edwards: Second the motion. Chairperson Woodhouse: Motion made and seconded. All those in favo~ Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. BE IT FURTHER_RESOLVED, that the subject application will enter the application process at the preliminary plat approval stage. Mr. Edwards: Second the motion. Chairperson Woodhouse: Motion made and seconded. All those in favo~ Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. Chairperson Woodhouse: Milazzo, John & Rose - This proposed minor subdivision is for 3 lots on 12.5253 acres. The property is located on Pipes Creek and bordered on north by LIRR tracks and on west by Pipes Cove in Greenport. SCTM#1000-53-1-9 WHEREAS, this proposal is to subdivide a 12.54-acre pamel into 3 single-family lots; and WHEREAS, due to the sensitivity of the parcel, the Planning Board adopted a Positive Declaration for the action on July 8, 2002 and is requiring the preparation of a Draft Environmental Impact Statement; and WHEREAS, on August 24, 2004, the Town of Southold Town Board adopted Local Law No. 18, 2004 "A Local Law in relation to a new Chapter A106 - Subdivision of Land of the Code of the Town of Southold"; therefore, be it RESOLVED, that the pending subdivision is no longer valid and the Positive Declaration is rendered obsolete and closed. Mr. Sidor: Second. Chairperson Woodhouse: Motion made and seconded. All those in favo~ Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. BE IT FURTHER RESOLVED, that the application is classified as a Standard Subdivision and must be revised and re-submitted to conform with "Chapter A106 - Subdivision of Land of the Code of the Town of Southold". Upon written request, the Planning Board may credit application fees previously paid to the Town of Southold. The determination will be based upon the amount of work that has been accomplished to date on the application. Mr. Sidor: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. Chairperson Woodhouse: Neumann, Gerard - This proposal is to set off a 1.57 acre unimproved, clustered lot from a 24.9 acre lot with proposed right-of-way access from Mill Road in the R-80 Zoning District. The property is located approximately 810' southwest of the intersection of Reeve Road & Mill Road, on the south side of Mill Road, in Mattituck. SCTM#1000-107-1-1. WHEREAS, the Southold Town Planning Board granted conditional sketch plan approval on March 11,2002 for the proposed action; and WHEREAS, the conditional sketch approval expired on September 11, 2002 with no extension of time request submitted to the Planning Board; and WHEREAS, since the expiration of conditional sketch approval, the Town of Southold Town Board adopted Local Law No, 18, 2004 "A Local Law in relation to a new Chapter A106-Subdivision of Land of the Code of the Town of Southold on August 24, 2004; therefore, be it RESOLVED, that the subject application has expired and, therefore, cannot be processed by the Planning Board. Mr. Sidor: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. BE IT FURTHER RESOLVED, that the application must be revised and re-submitted to conform with Chapter A106-"Subdivision of Land of the Code of the Town of Southold" in order for the Planning Board to process the application. Mr. Solomon: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor? Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. Chairperson Woodhouse: Old Orchard at Cutcho.clue - This proposal is for a 4 lot subdivision on 4.619 acres located within the R-40 Zoning District where Lot 1 equals 1.55 acres; Lot 2, .98 acres; Lot 3, .92 acres and Lot 4, .97 acres. The parcel is located west of New Suffolk Road, north of Cedar Road, in Cutchogue. SCTM#1000-109-6-9.1 WHEREAS, the proposal is to subdivide a 4.619-acre parcel into 4 lots where Lot 1 equals 1.55 acres, Lot 2 equals .98 acre, Lot 3 equals .92 acre and Lot 4 equals .97 acre; and WHEREAS, on August 24, 2004, the Town of Southold Town Board adopted Local Law No. 18, 2004 "A Local Law in relation to a new Chapter A106 - Subdivision of Land of the Code of the Town of Southold"; therefore, be it RESOLVED, that pursuant to Chapter A106 of the Town Code, the Planning Board hereby classifies this application as a Standard Subdivision. Mr. Solomon: Second. Chairperson Woodhouse: Motion made and seconded. All those in favo~ Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. 67 BE IT FURTHER RESOLVED, that the application must be revised and re-submitted to conform with Chapter A106 - "Subdivision of Land of the Code of the Town of Southold" in order for the Planning Board to process the application. Upon written request, the Planning Board may credit previously paid application fees towards the new application. The determination will be based upon the amount of work that has been accomplished to date on the application. Mr. Solomon: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. Chairperson Woodhouse: Orchard Street Farms - This proposed subdivision is for 4 lots on 17.59 acres. The pamel is located on the northwest comer of King Street and Old Farm Road and the south side of Orchard Street in Orient. SCTM#1000-25-4-11.4 WHEREAS, this proposed minor subdivision is for 4 lots on 17.59 acres; and WHEREAS, on August 24, 2004, the Town of Southold Town Board adopted Local Law No. 18, 2004 "A Local Law in relation to a new Chapter A106 - Subdivision of Land of the Code of the Town of Southold"; therefore, be it RESOLVED, that pursuant to the new Chapter A106, the Planning Board classifies this application as a Standard Subdivision. Mr. Edwards: Second the motion. Chairperson Woo~Jhouse: Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. BE IT FURTHER RESOLVED, that the application must be revised and re-submitted to conform with Chapter A106 - Subdivision of Land of the Code of the Town of Southold". Upon written request, the Planning Board may credit application fees previously paid to the Town of Southold. The determination will be based upon the amount of work that has been accomplished to-date on the application. 68 Mr. Edwards: Second the motion. Chairperson Woodhouse: Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. Chairperson Woodhouse: Sachs, Richard - This proposed subdivision is for 3 lots on 7.724 acre parcel. The property is located on the north side of Sound View Avenue, 550' east of Saltaire Way, in Mattituck. SCTM#1000-94-1-10 WHEREAS, this proposed subdivision is for 3 lots on 7.72 acres; and WHEREAS, on August 24, 2004 the Southold Town Board adopted Local Law No. 18, 2004 "A Local Law in relation to a new Chapter A106 - Subdivision of Land of the Code of the Town of Southold"; therefore, be it RESOLVED, that pursuant to Chapter A106, the Planning Board hereby classifies this application as a Standard Subdivision. Mr. Edwards: Second the motion. Chairperson Woodhouse: Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. BE IT FURTHER RESOLVED, that the application must be revised and re-submitted to conform with "Chapter A106 - Subdivision of Land of the Code of the Town of Southold" in order for the Planning Board to process the application. Upon written request, the Planning Board may roll over application fees previously paid to the Town of Southold. The determination will be based upon the amount of work that has been accomplished to date on the application. Mr. Edwards: Second the motion. Chairperson Woodhouse: Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. Chairperson Woodhouse: Savits, Barry - This proposed subdivision is for 3 lots on 12.5 acres. The property is located s/o Soundview Avenue, 932' e/o Mill Road, in Peconic. SCTM#1000-68-4-16.1 WHEREAS, this proposed subdivision is for 3 lots on 12.5 acres; and WHEREAS, on August 24, 2004, the Town of Southold Town Board adopted Local Law No. 18, 2004 "A Local Law in relation to a new Chapter A106 - Subdivision of Land of the Code of the Town of Southold"; therefore, be it RESOLVED, that pursuant to Chapter A106, the Planning Board hereby classifies this application as a Standard Subdivision. Mr. Sidor: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. BE IT FURTHER RESOLVED, that the application is no longer in conformance with Chapter A106 - Subdivision of Land of the Code of the Town of Southold" and must be revised and re-submitted to conform with Chapter A106 - Subdivision of Land of the Code of the Town of Southold" in order for the Planning Board to process the application. Upon written request, the Planning Board may roll over application fees previously paid to the Town of Southold. The determination will be based upon the amount of work that has been accomplished to date on the application. Mr. Solomon: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor.? Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carded. Chairperson Woodhouse: Schoenhaar, Roy - This proposed subdivision is for 3 lots on a 2.59 acre parcel. The property is located north of NYS Route 25, 200' northeast of Marlene Avenue and Bay Avenue, in Mattituck. SCTM#1000-143-3-33.2 WHEREAS, this subdivision is for 3 lots on 2.59 acres; and 7O WHEREAS, on August 24, 2004, the Town of Southold Town Board adopted Local Law No. 18, 2004 "A Local Law in relation to a new Chapter A106 - Subdivision of Land of the Code of the Town of Southold"; therefore, be it RESOLVED, that pursuant to Chapter A106 of the Town Code, the Planning Board hereby classifies this application as a Standard Subdivision. Mr. Solomon: Second. Chairperson Woodhouse: Motion made and seconded. Ail those in favor?. Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. BE IT FURTHER RESOLVED, that the application must be revised and re-submitted to conform with Chapter A106 - "Subdivision of Land of the Code of the Town of Southold" in order for the Planning Board to process the application. Upon written request, the Planning Board may credit previously paid application fees towards the new application. The determination will be based upon the amount of work that has been accomplished to date on the application. Mr. Solomon: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor? Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. Chairperson Woodhouse: Southview Custom Homes, Inc - This proposal is for 4 lots on 13.3 acres opposite Victoria Drive, south side of Bayview Road, in Southold. SCTM#1000-87-5-21.4 & 21.7 - 21.11 WHEREAS, this subdivision is for 4 lots on 13.3 acres; and WHEREAS, pdor to issuing any approvals for any proposed subdivision located on the Great Hog Neck Peninsula, the Planning Board required that a Generic Environmental impact Statement be prepared for the area; and WHEREAS, on August 12, 2002, the Southold Town Planning Board, pursuant to Part 617, Article 6 of the Environmental Conservation Law acting under the State Environmental Quality Review Act, established itself as lead agency, and as lead agency has determined that the proposed action may have a significant impact on the 7! environment when cumulatively assessed with all proposed development and adopted a Positive Declaration for the proposed action; and WHEREAS, on August 24, 2004, the Town of Southold Town Board adopted Local Law No. 18, 2004 "A Local Law in relation to a new Chapter A106 - Subdivision of Land of the Code of the Town of Southold"; therefore, be it RESOLVED, that pursuant to Chapter A106, the Planning Board hereby classifies this application as a Standard Subdivision. Mr. Edwards: Second the motion. Chairperson Woodhouse: Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. BE IT FURTHER RESOLVED, that the application must be revised and re-submitted to conform with Chapter A106 - Subdivision of Land of the Code of the Town of Southold". Mr. Edwards: Second the motion. Chairperson Woodhouse: Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. BE IT FURTHER RESOLVED, that this Standard Subdivision is no longer valid and the Positive Declaration is rendered obsolete and closed. Upon written request, the Planning Board may credit application fees previously paid to the Town of Southold. The determination will be based upon the amount of work that has been accomplished to date on the application. Mr. Edwards: Second the motion. Chairperson Woodhouse: Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson VVoodhouse: Opposed? The motion is carried. Chairperson Woodhouse: Tail Pines at Paradise Point - This subdivision is for 4 lots on a 19.825 acre parcel. The property is located at 900 Paradise Point Road in Southold. SOTM#1000-81-2-5 WHEREAS, this proposed subdivision is for 4 lots on 19.82 acres; and WHEREAS, on August 24, 2004, the Town of Southold Town Board adopted Local Law No. 18, 2004 "A Local Law in relation to a new Chapter A106 - Subdivision of Land of the Code of the Town of Southold"; therefore, be it RESOLVED, that pursuant to the new Chapter A106, the Planning Board hereby classifies this application as a Standard Subdivision. Mr. Sidor: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. BE IT FURTHER RESOLVED, that the application must be revised and re-submitted to conform with "Chapter A106 - Subdivision of Land of the Code of the Town of Southold" in order for the Planning Board to process the application. Upon written request, the Planning Board may credit application fees previously paid to the Town of Southold. The determination will be based upon the amount of work that has been accomplished to date on the application. Mr. Sidor: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. Chairperson Woodhouse: Willow Run - This proposed subdivision is for 34 lots on 71.4 acres. The project is located n/o Oregon Road in Mattituck. SCTM#1000-100-2-1 WHEREAS, this subdivision is for 28 lots on 69.99 acres; and WHEREAS, on August 24, 2004, the Town of Southold Town Board adopted Local Law No. 18, 2004 "A Local Law in relation to a new Chapter A106 - Subdivision of Land of the Code of the Town of Southold'; therefore, be it 73 RESOLVED, pursuant to Chapter A106, the Planning Board hereby classifies this application as a Standard Subdivision. Mr. Sidor: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. BE IT FURTHER RESOLVED, that the application must be revised and re-submitted to conform with "Chapter A106 - Subdivision of Land of the Code of the Town of Southold" in order for the Planning Board to process the application. Upon written request, the Planning Board may credit application fees previously paid to the Town of Southold. The determination will be based upon the amount of work that has been accomplished to date on the application. Mr. Sidor: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. Final Determinations: Chairperson Woodhouse: Mendoza~ Amelia - This proposal is to set off a 7.04 acre (Lot 1) from a 26.69 acre parcel (Lot 2). The property is located n/o Main Road, 450' east of Greenway East, in Orient. SCTM#1000-15-2-15.1 Mr. Edwards: I'd like to entertain the following motion: WHEREAS, Amelia Mendoza is the owner of the property known and designated as SCTM#1000-15-2-15.1, located n/o Main Road, Orient; and WHEREAS, this proposal is to subdivide a 7.04 acre parcel (Lot 1 ) from a 26.69 acre parcel (Lot 2) in Orient; and WHEREAS, this application was classified as a set-off and exempt from the Local Law re: Temporary Moratorium on the Processing, Review of, and making Decisions on the applications for Major and Minor Subdivisions, and Special Use Permits and Site Plans containing dwelling Unit(s) in the Town of Southold; and 74 WHEREAS, on February 10, 2004, the Southold Town Planning Board issued conditional final approval for the proposed action and all conditions have been met; therefore, be it RESOLVED, that the Southold Town Planning Board grant final approval on the maps, dated as revised October 7, 2003, and authorize the Chairperson to endorse the final maps. Mr. Sidor: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. Chairperson Woodhouse: Smith, Diane A. - This proposal is for a lot line change which will transfer 23,419 sq. f. from Lot 2, which has an existing lot area of 85,265 sq. ft., to Lot 1, which has an existing lot area of 85,265 sq. ft. The property is located on the north side of NYS Route 25, approximately 2,700' west of Alvah's Lane, in Cutchogue. SCTM#1000-109-1-7 Mr. Edwards: I'd like to offer the following resolution: WHEREAS, this proposal is for a lot line change which will transfer 23,419 sq. ft. from Lot 2, which has an existing lot area of 85,265 sq. ft., to Lot 1, which has an existing lot area of 85,265 sq. ft.; and WHEREAS, following the transfer, Lot 1 will equal 108,684 sq. ft. and Lot 2 will equal 61,846 sq. ft. where 80,000 sq. ft. is the minimum area required in the R-80 Zoning District; and WHEREAS, the Zoning Board of Appeals granted a lot area variance on October 7, 2004 for the proposed action; and WHEREAS, as a condition of granting the variance, the Zoning Board of Appeals imposed a maximum coverage restriction of 17,053 sq. ft. on Lot 1; and WHEREAS, the Southold Town Planning Board granted conditional final approval for the proposed action on November 8, 2004; and WHEREAS, the applicant has filed new deeds and Covenants and Restrictions and has submitted copies of same to the Planning Board as required by the conditional final approval; therefore, be it 75 RESOLVED, that the Southoid Town Planning Board grant final approval on the survey prepared by Peconic Surveyors PC, dated May 27, 2004 and last revised August 2, 2004, and authorize the Chairperson to endorse the map. Mr. Solomon: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. Expired Subdivisions: Chairperson Woodhouse: Caselnova~ - This proposed subdivision is for 2 lots on 15.68 acres where Lot 1 equals 13.67 acres of which 11.32 acres of the Development Rights have been sold to Suffolk County. The property is located n/o State Route 25 in Orient. SCTM#1000-18-3-9.8 and 9.9 WHEREAS, this proposed subdivision is for 2 lots on 15.68 acres; and WHEREAS, in1997, the County of Suffolk purchased Development Rights on the property equal to 11.9 acres; and WHEREAS, conditional sketch plan approval was granted on March 13, 2001; and WHEREAS, no requests for extension of sketch plan approval were submitted; therefore, be it RESOLVED, that pursuant to A106-22 of Chapter A106 (2001), the application is expired. Mr. Solomon: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor? Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. Chairperson Woodhouse: Cichanowicz~ ~ 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 76 25, 1,506 feet e/o Indian Neck Road and n/o Leslie Road, in Peconic. SCTM#1000-83- 3-10.2 & 97-10-2 WHEREAS, this proposed subdivision is for 4 lots on 24.82 acres; and WHEREAS, the County of Suffolk purchased Development Rights on Lot 3 equal to 19.15 acres; and WHEREAS, conditional sketch plan approval was granted on September 12, 2000; and WHEREAS, no requests for extension of sketch plan approval were submitted; therefore, be it RESOLVED, pursuant to A106-22 of Chapter A106 (2001 ), the application is expired. Mr. Solomon: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. Chairperson Woodhouse: Nickart Realty - This proposal is to subdivide a 0.801 acre pamel into two lots where Lots 1 & 2 will equal 17,484 sq. ft. each. The project as proposed does not conform with zoning and will therefore need variances from the ZBA. The property is located 350' east of the corner of Sound View Avenue and North Road (CR 27), on the south side of North Road, in Southold. SCTM#1000-52-2-13 WHEREAS, this proposal is to subdivide a 0.801-acre parcel into two lots where Lots 1 & 2 will equal 17,484 sq. ft. each; and WHEREAS, on August 24, 2004, the Town of Southold Town Board adopted Local Law No. 18, 2004 "A Local Law in relation to a new Chapter A106 - Subdivision of Land of the Code of the Town of Southold"; therefore, be it RESOLVED, that the application is expired. Mr. Solomon: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor.? Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. 77 Chairperson Woodhouse: Zimmer, Frank - This proposal is to subdivide a 17.5449 acre parcel into two lots where Lot 1 equals 15.0458 acres, upon which the Development Rights to 12 acres have been sold to Suffolk County, and Lot 2 equals 2.4991 acres. The property is located on the north side of NY State Route 25, 382.44' east of Heath Drive, in Orient. SCTM#1000-13-2-7.8 WHEREAS, this proposed subdivision is for 2 lots in the R-80 zone on 17.5 acres located on the north side of State Route 25, 382.44' east of Heath Drive, Orient; and WHEREAS, this proposed subdivision will set off the existing residence and farm buildings on a 2.49 acre lot and create a 15.04 acre lot from which 12 acres of Development Rights were purchased by Suffolk County and a building area of 80,421 square feet will be reserved; and WHEREAS, the Planning Board granted conditional final approval on September 11, 2001 and the conditions have not been met; therefore, be it RESOLVED, that pursuant to A106-24 of Chapter A106 (2001), the application is expired. Mr. Solomon.'. Second. Chairperson Woodhouse: Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE- SUBDIVISIONS (Lot Line Changes) - STATE ENVIRONMENTAL QUALITY REVIEW ACT Lead Agency Coordination: Chairperson Woodhouse: Charnews, Daniel & 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 west side of Youngs Avenue and the east side of Horton Lane in Southold. SCTM#1000-63-1-25 Mr. Solomon: 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 78 RESOLVED, that the Southold Town Planning Board, pursuant to Part 617, Article 6 of the Environmental Conservation Law acting under the State Environmental Quality Review Act, initiates the SEQRA lead agency coordination process for this unlisted action. Mr. Sidor: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor? Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhous~.: Opposed? The motion is carried. Determinations: Chairperson Woodhouse: Great Hot:l Neck Generic Environmental Impact Statement Mr. Solomon: WHEREAS, in the years 2001 and 2002, the Planning Board had received applications for six major subdivisions and one minor subdivision on the Great Hog Neck Peninsula; and WHEREAS, prior to issuing any further approvals for the proposed subdivisions, the Planning Board required that a Generic Environmental Impact Statement be prepared and submitted for the proposed actions; and WHEREAS, the Southold Town Planning Board, pursuant to Part 617, Article 8 of the Environmental Conservation Law acting under the State Environmental Quality Review Act, established itself as lead agency, and as lead agency had determined that the proposed actions may have a significant impact on the environment and adopted a Positive Declaration for the proposed actions; and WHEREAS, four of the subdivision applications were amended to conform to the moratorium application exemption requirements and were approved by the Planning Board; and WHEREAS, on August 24, 2004, the Town of Southold Town Board adopted Local Law No. 18, 2004 "A Local Law in relation to a new Chapter A106 - Subdivision of Land of the Code of the Town of Southold"; therefore, be it RESOLVED, that pursuant to Chapter A106, the Planning Board classifies the remaining pending applications, BCB Realty Holding Corp., Tall Pines at Paradise Point and Southview Custom Homes as Standard Subdivisions. 79 Ms. Woodhouse: Second. Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. Please continue. Mr. Solomon: BE IT FURTHER RESOLVED, that the applications must be revised and re-submitted to conform with "Chapter A106 - Subdivision of Land of the Code of the Town of Southold' in order for the Planning Board to process the applications. Mr. Edwards: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. Mr. Solomon: BE IT FURTHER RESOLVED, that the proposed subdivisions are void as proposed and, therefore, the requirement for a Generic Environmental Impact Statement of the Hog's Neck Peninsula is no longer valid and the Positive Declaration is rendered obsolete and closed. Mr. Sidor: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. SITE PLANS Set Hearings: Chairperson Woodhouse: 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. ft. 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 8O WHEREAS, the site plan is for a new 3,950 sq. ft. building which will include 1,200 sq. ft. of retail space, 1,200 sq. ft. of restaurant, 8, 1,550 sq. ft. of second floor storage/mechanical space on 1.521 acres 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; be it therefore RESOLVED, that the Southold Town Planning Board set Monday, March 14, 2005, at 6:00 p.m. for a final public hearing on the site plan dated October 22, 2003 and last revised April 20, 2004. Mr. Sidor: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor.? Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Determinations: Chairperson Woodhouse: Mullen Motors - This amended site plan is for a proposed alteration on SCTM#1000-62-03-19 & 20 of three existing buildings of 9,050 sq. ft., total, to one new building including new additions and all existing buildings to 14,227 sq. ft. to be used as an automotive dealership on a 44,152 sq. ft. parcel in the B & R-40 Zones located at the s/w intersection of NYS Road 25 (Main Road) and Cottage Place in Southold and, on SCTM#1000-63-3-22.1, the proposed includes 5 existing buildings of 6,397 sq. ft. to be reduced to 4 buildings of 4,556 sq. ft. on a 21,355 sq. ft. pamel in the B Zone located at the s/e intersection of NYS Road 25 (Main Road) and Locust Avenue in Southold. SCTM#(s)1000-62- 3-19, 20, 22.1, & 24.1 Mr. Solomon: WHEREAS, the proposed action involves an amended site plan for a proposed alteration on SCTM#1000-62-03-19 & 20 of three existing buildings of 9,050 sq. ft., total, to one new building including new additions and all existing buildings to 14,227 sq. ft. to be used as an automotive dealership on a 44,152 sq. ft. parcel in the B & R-40 Zones located at the s/w intersection of NYS Road 25 (Main Road) and Cottage Place in Southold and, on SCTM#1000-63-3-22.1, and includes 5 existing buildings of 6,397 sq. ft. to be reduced to 4 buildings of 4,556 sq. ft. on a 21,355 sq. ft. parcel in the B Zone located at the s/e intersection of NYS Road 25 (Main Road) and Locust Avenue in Southold. SCTM#(s)1000-62-3-19, 20, 22.1, & 24.1; and WHEREAS, on January 10, 2004, the Southold Town Planning Board started the lead agency coordination process on this Unlisted Action; and 8! WHEREAS, on February 14, 2005, the Planning Board has not received any comments or objections to the proposed action; therefore, be it RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, performed a coordinated review of this Unlisted Action. The Planning Board establishes itself as lead agency, and as lead agency, makes a determination of non-significance and grants a Negative Declaration. Mr. Sidor: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse' Opposed? The motion is carried. OTHER Chairperson Woodhouse: Estate of Bertha Pawluczyk - This proposal involves the subdividing of a 4.19 acre parcel (SCTM#1000-84-5-4) into two lots where Lot 1 is proposed as a clustered lot and is equal to 40,000 sq. ft. and Lot 2 is equal to 3.27 acres. The property is located on the south side of CR 48 (Middle Road) in Peconic. SCTM#1000-84-5-4 WHEREAS, the proposed action involves the subdividing of a 4.19 acre parcel (SCTM#1000-84-5-4) into two lots where Lot 1 is proposed as a clustered lot and is equal to 40,000 sq. ft. and Lot 2 is equal to 3.27 acres; and WHEREAS, the Southold Town Planning Board granted sketch plan approval on the maps, dated as revised March 13, 2004, on June 14, 2004; and WHEREAS, the Planning Board granted an extension of time for sketch plan approval until June 14, 2005; and WHEREAS, since the issuance of conditional sketch approval, the Town of Southold Town Board adopted Local Law No. 18, 2004 "A Local Law in relation to a new Chapter A106-Subdivision of Land of the Code of the Town of Southold" on August 24, 2004; and WHEREAS, pursuant to Chapter A106 of the Southold Town Code, the Planning Board re-classified this action as a Standard Subdivision by resolution, dated January 11, 2005; therefore be it RESOLVED, that the subject application will enter the application process at the preliminary plat approval stage. Mr. Solomon: Second. Chairperson Woodhouse: Motion made and seconded. All those in favor? Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. APPROVAL OF PLANNING BOARD MINUTES Chairperson Woodhouse: I make a motion for the Board to approve the minutes of December 13, 2004 and January 10, 2005. Mr. Solomon: Second. Chairperson Woodhouse: Motion made and seconded. All those in favo~ Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion is carried. I'll entertain a motion to adjourn. Mr. Edwards: So move. Mr. Solomon: SeCond. Chairperson Woodhouse: Motion made and seconded. All those in favor?. Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Sidor, Mr. Solomon Chairperson Woodhouse: Opposed? The motion carries. There being no further business to come before the Board, the meeting was adjourned at 8:35 p.m. Respectfully submitted, Carol Kalin Secretary rilyn B~/Oodhouse, Chairperson 83