HomeMy WebLinkAboutPB-06/13/2005
MAIUNG ADDRESS:
PLANNING BOARD MEMBERS P.O. Box 1179
JERILYN B. WOODHOUSE Southold, NY 11971
Chair OFFICE WCATION:
WILLIAM J. CREMERS Town Hall Annex
KENNETH L. EDWARDS 54375 State Route 25
MARTIN H. SIDOR (cor. Main Rd. & Youngs Ave.)
GEORGE D. SOLOMON Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
PUBLIC MEETING MINUTES
Monday, June 13, 2005
6:00 p.m.
Present were: Jerilyn B. Woodhouse, Chairperson
William J. Cremers, Vice Chairman
Kenneth L. Edwards, Member
Martin H. Sidor, Member
George D. Solomon, Member
Valerie Scopaz, Town Planning Director
Mark Terry, Senior Environmental Planner
Anthony Trezza, Senior Planner
Bruno Semon, Senior Site Plan Reviewer
Victor L'Eplattenier, Planner
Linda Randolph, Secretary
SETTING OF THE NEXT PLANNING BOARD MEETING
Chairperson Woodhouse: Good evening and welcome to the June 13th meeting of the
South old Town Planning Board. We have a motion on the floor that has been seconded
to set the next meeting for Monday, July 11, 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.
Chairperson Woodhouse:. All those in favor?
Ayes: Ms. Woodhouse, Mr. Cremers, Mr. Edwards, Mr. Sidor, Mr. Solomon.
Chairperson Woodhouse: Opposed? And the motion carries.
Chairperson Woodhouse: We have a number of public hearings tonight. There will be
opportunities for the public to address the Planning Board. We ask that when you
would like to address us, you approach either of the microphones; there will be a piece
of paper there and a pen. Please print your name clearly so that when we transcribe
our minutes we have an accurate record as to who you are.
Southold Town Planninq Board Paqe Two June 13, 2005
PUBLIC HEARINGS
Chairperson Woodhouse: 6:00 p.m. 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 wlslo Youngs Avenue and the elslo Horton
Lane in Southold. SCTM#1000-63-1-25
Is there anyone here who would like to speak on behalf of the applicant?
William Moore: Thank you. Of counsel to Pat Moore, who has been doing the work,
and this contract vendee is Richard Israel. You have before you a preliminary plat, as
you said, for a two-lot division that we used to call a set-off. One is for three acres and
one is approximately twenty acres. I understand there is a question as to the consent
that was granted by Mr. Charnews, and it may be an open question, but I am going to
point out that in the contract with Mr. Israel, Mr. Charnews got the benefit of his bargain.
He wanted to retain a three-acre piece where his home is, where the barns and the
outbuildings are, and that's been done in this set-off. As far as I know, everything is
before you to approve this set-off, save Health Department approval. I (inaudible)
proceed and grant a conditional preliminary plat approval on this tonight. Thank you.
Chairperson Woodhouse: Thank you.
Linda Marqolin, Law Firm of Fratkin & Margolin, One Suffolk Square, Islandia, NY
11722: I am here to represent Daniel Charnews. As you mayor may not be aware,
there is no consent in your file for Mr. Charnews who is the owner. He owned this
property with his wife Stephanie who is recently deceased. Mr. Charnews not only does
not consent to this application, but has had counsel Rudolph Bruer send you a letter
dated June 6 indicating that he does not consent. As far as what the contract calls for,
that's obviously not for this Board to decide. I respectfully urge that you are not in a
position to further entertain this application because without the consent of the owner,
this Board lacks jurisdiction to proceed under New York Town Law.
Chairperson Woodhouse: Thank you. Is there anyone else who would like to speak on
this application?
Tom Amara: I spoke to Mr. Charnews on the 6th and he told me he couldn't discuss this
because it was in litigation. I asked him a simple question: "Is this something that you
want to do?" and he told me "No,"
Chairperson Woodhouse: Thank you,
Jane Welz: I live on Horton Lane, two properties south of Charnews. I am very
concerned about it. I looked at the Charnews file on Thursday, 6/9. I spoke with
Anthony Trezza on Friday, 6/10. Personally, I have no problem with this trying to break
off property. He should have that right of three acres with his house. And I have met
him in the past and his lovely family and everything else. However, I believe that this
first step in approving this, which now I hear the attorney for Charnews doesn't want to
Southold Town Planninq Board Paqe Three June 13, 2005
break off, is totally illegal under the SEQRA state law. SEQRA says you have to
present everything on these 23 acres. You just can't take it piecemeal. Again, I have
nothing against them personally to do that, to have their home, and their three acres.
My concern is 20+ acres, and Richard Israel wants to put an apartment house there.
Are we coming to Queens or Brooklyn? I came from Brooklyn. I didn't come out here
to have that follow me. Just think about an apartment house between Horton Lane and
Young's Avenue. How would this impact the environment? Where is the water coming
from? Where is the sewage?
Chairperson Woodhouse: Tonight, this hearing is not the subject of how that property
mayor may not be developed. That would be the subject of a further hearing. Right
now we are here to discuss the proposal to subdivide into two parcels. I am telling you
by SEQRA law, you cannot do it piecemeal. You have to present the whole package
with three acres that Charnews wants to divide; the twenty acres going to the west; you
can't do it piecemeal. I've talked to attorneys both in New York City and out here. You
cannot do it piecemeal. That's totally illegal. That's alii want to say. And I wish this
Board would do the right thing. And I thank you.
Chairperson Woodhouse: Thank you, Anyone else. Yes, sir?
Anthony Abruzzo: I am an adjacent owner to the Charnews'. I just have a question for
the Board. Is that possible to do? Take this piece that is zoned R-80 right now, break
it into two parcels, with no stipulations in terms of no further subdivision of either parcel,
and does it remain R-80.
Chairperson Woodhouse: I understand there is a zone change request that's before
the Board; there's no site plan before us.... I can't talk.
Bill Cremers: There is a zone change in front of the Town Board right now for that, and
there is no site plan for what is going to happen on those twenty acres at this point.
Anthony Abruzzo: Wouldn't it be inappropriate to even go ahead and divide this into
two pieces; it seems like it would be a manipulation and an opportunity for somebody to
take those twenty acres that sits alone in its own tax lot, and just propose anything they
want on it. That parcel right there is adjacent to a lot of wells: wells that have already
had problems on either side of Horton. How would they possibly treat the sewage on
multiple housing? So, how could you subdivide this into two... it seems like you're
subdividing it into two pieces to give someone the opportunity to come back to you and
ask for a zone change without even knowing what he plans to do just yet. It seems
awfully kind of gray. But is that possible; is that the system?
Bill Cremers: Right now that's all we have in front of us is a two-lot subdivision. And
that's all that we're processing.
Anthony Abruzzo: But it seems like that subdivision is a manipulation of the system.
Well, I would be against that, against even a two-lot subdivision. It sounds like Mr.
Charnews is, too. Thank you.
South old Town Planninq Board Paqe Four June 13. 2005
Chairperson Woodhouse: Are there any other further comments or questions. Yes?
Melissa Talarico, I live at 2895 Youngs Avenue, adjacent to Farmer Charnews'
property. I live in Southold and frankly I'm a little disturbed by what I discovered in the
file when I went to look at the subdivision request. To find out that Patricia Moore does
not in fact represent Farmer Charnews, that someone else does. And I don't consider
that to have been adequate notification of even this hearing given Ms. Moore does not
in fact represent him. Also, I'd like to know how you could subdivide someone's
property without a request. As her husband mentioned, he said he was counsel for Ms.
Moore. He did not say he was counsel for Farmer Charnews. And apparently their firm
did put forward the request. I also am against the subdivision without fully
understanding the implications and the ramifications of this plan. I beg to differ with the
Board; it is apparent that there are things in front of you but we are just not aware of
them. Thank you very much.
Chairperson Woodhouse: Thank you. Is there anyone else who would like to address
the Board? I will entertain a motion to close the hearing... excuse me.
Ken Edwards: I hereby motion to hold the Public Hearing open.
Bill Cremers: I second that motion,
Chairperson Woodhouse: All in favor?
Ayes.
Chairperson Woodhouse: Opposed? And that motion carries.
Linda Marqolin: Did you hold the hearing open or close it?
Chairperson Woodhouse: Open.
Linda Marqolin: And when will it next appear on your calendar?
Bill Cremers: July 11.
Linda Marqolin: May I inquire of the Board the purpose to hold the hearing open?
Chairperson Woodhouse: Yes.
Bill Cremers: We are looking at.... maybe the Town Attorney can talk to us.
Linda Marqolin: My principal question is whether or not you expect to be open to any
additional submissions from anyone between now and July 11, or whether you are
closing it for purposes of submissions between now and then so I will have some idea
how to monitor it..,.
Southold Town Planninq Board Paqe Five June 13, 2005
Chairperson Woodhouse: Just excuse us for one moment, please. (Board conference)
Bill Cremers: We are holding it open because we have no proper authorization for the
subdivision at this point from Mr. Charnews. We are waiting for any disputes to be
resolved, hopefully within the next month.
Linda Marqolin: Thank you very much.
Chairperson Woodhouse: You're welcome.
Bill Cremers: 6:15 p.m. Dubner. Steven: This proposal is for a conservation
subdivision to subdivide a 53.77-acre parcel into five lots where Lot 1 equals 46.17
acres, Lot 2 equals 3 acres, Lot 3 equals 1.5 acres, Lot 4 equals 1.5 acres and Lot 5
equals 1.6 acres in the A-C Zoning District. The property is located slo County Road 48
and elo Cox's Lane in Cutchogue. SCTM #'s 1000-84-4-6.1 and 7.1
Is there anyone who would like to speak on this application?
Marian Sumner, Peconic Land Trust: I wanted to speak in favor of the project. As you
know, Mr. Dubner is protecting about 87% of the land and we are actually attending a
closing with him tomorrow for the seller development rights to the Town.
Chairperson Woodhouse: Teriffic.
Bill Cremers: Is there anyone else who would like to speak on this application?
Hearing none, I will entertain a motion to close the hearing. .
Ken Edwards: So moved.
Bill Cremers: Motion made and seconded, all in favor?
Ayes.
Bill Cremers: Motion carries. What is the pleasure of the Board?
Ken Edwards: Mr. Chairman-elect, entertain the following motion:
WHEREAS, this proposal is for a clustered conservation subdivision to subdivide a
53.77-acre parcel into five lots where Lot 1 equals 46.22 acres, Lot 2 equals 3 acres,
Lot 3 equals 1.5 acres, Lot 4 equals 1,3 acres and Lot 5 equals 1.7 acres in the A-C
Zoning District; and
WHEREAS, the Development Rights are proposed to be sold to the Town of South old
upon 46.22 acres (Lot 1): and
WHEREAS, the clustered open space is equal to 41 ,774 sq. ft. and is included within
and a part of Lot 2; and
Southold Town Planninq Board Paqe Six June 13, 2005
WHEREAS, on September 13, 2004, the South old Town Planning Board granted
conditional sketch approval upon the map prepared by John C. Ehlers, LS dated as last
revised September 5, 2003; and
WHEREAS, by letter dated December 12, 2004, the Cutchogue Fire District determined
that no additional fire protection is needed for this project; and
WHEREAS, by letter dated December 14, 2004, the Suffolk County Planning
Commission determined that the project is a matter for local determination; and
WHEREAS, on May 6, 2005, the applicant submitted Health Department approval for
the proposed project; be it therefore
RESOLVED, that the Southold Town Planning Board finds that because this proposal is
for a Conservation Subdivision, the requirement of street lights is inconsistent with the
character and land use of the area and is hereby waived;
Chairperson Woodhouse: Second,
Bill Cremers: Motion made and seconded. All in favor?
Ayes.
Bill Cremers: Opposed? The motion carries,
Ken Edwards: AND BE IT FURTHER RESOLVED, that the South old Town Planning
Board hereby grants conditional final approval upon the plat prepared by John C.
Ehlers, LS, dated as last revised May 24, 2005, subject to the following conditions:
1. Submission of the filed Declaration of Covenants and Restrictions.
2, Submission of the filed Road and Maintenance Agreement.
3. Final review and approval of the Road and Drainage Plan by the Town
Engineer.
4. Submission of the Bond Estimate for the proposed improvements and
landscaping. Upon approval of the Bond Estimate by the Town Engineer, a
Performance Guarantee will need to be submitted for approval by the Town
Board.
5. Payment of the Park and Playground Fee in the amount of $10,500.
6. Submission of a copy of the executed Contract of Sale for Development
Rights.
7. Submission of 5 mylar and 8 paper plats with the Suffolk County Department
of Health stamp of approval affixed to each sheet.
Bill Cremers: Motion made and seconded. All in favor?
Ayes,
South old Town Planninq Board Paqe Seven June 13, 2005
Bill Cremers: Opposed? Motion carries.
******************************
Bill Cremers: 6:20 p.m. Moore Law Office: This site plan is for an alteration and
addition of 2,206 sq. ft. to the 1,890 sq.ft. existing office with a 770 sq. ft. apartment and
200 sq.ft. car port on a 0.92 acre parcel in the RO Zone, located on the elslo State
Road 25, approximately 783' nlo the intersection with Jockey Creek Drive known as
51020 New York State Road 25 in Southold. SCTM#1000-70-2-8
Is there anyone who would like to talk about this application?
Pat Moore: Very briefly, I want to thank the Board and thank Bruno for everybody's
hard work in getting us through the process. It was painless for us, I appreciate it and
hope that when everything is done you'll come in and see it. You will be pleasantly
surprised. Thank you.
Bill Cremers: Is there anyone else who would like to speak on this application?
Bruno Semon: Mr. Chairman, I just want to let you know the legal description doesn't
reflect the actual description; there is a slight discrepancy, a couple of numbers are
going to be different on the resolution, just to note for the record that somehow it wasn't
updated.
Bill Cremers: OK. I will take a motion to close the hearing.
Ken Edwards: So moved.
Martin Sidor: Second.
Bill Cremers: Motion made and seconded. All in favor?
Ayes.
Bill Cremers: Motion carries. The pleasure of the Board?
Martin Sidor: WHEREAS, the applicant, Patricia C. Moore, propose a site plan for an
alteration and addition of 2,206 sq. ft. to the 1,890 sq.ft. existing office with a 770 sq. ft.
apartment and 200 sq.ft. car port on a 0.92 acre parcel in the RO Zone; and
WHEREAS, Patricia & William Moore, are the owners of the property known as 51020
State Road 25 located on the elslo State Road 25, approximately 783' nlo the
intersection with Jockey Creek Drive in Southold. SCTM#1000-70-2-8; and
WHEREAS, on December 3, 2004, a formal site plan application was submitted for
approval; and
Southold Town Planninq Board Paqe Eiqht June 13, 2005
WHEREAS, on March 7, 2005, the New York State Department of Transportation
reviewed and approved the Highway Work Permit 100-04-0715; and
WHEREAS, on March 3, 2005, the Architectural Review Committee reviewed and
granted conditional preliminary approval of the architectural drawings and associated
site plan materials with conditions; and the Planning Board has accepted this approval
and determined it to be satisfactory; and
WHEREAS, on March 31,2005, the Southold Town Zoning Board of Appeals reviewed
an application and granted a special exception and area variance under appeal number
5636 with 3 conditions and the Planning Board incorporates this in this approval; and
WHEREAS, on April 12, 2005, the applicant submitted to the South old Town Planning
Department all the materials required in the March 3, 2005 A.R.C approval and the
Planning Board has accepted this submission and determined it to be satisfactory; and
WHEREAS, on April 14, 2005, the Southold Fire District recommended that fire
protection is adequate and the Planning Board has accepted this recommendation; and
WHEREAS, on May 10, 2005, the South old 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, on May 16, 2005, the South old Town Engineering Inspector reviewed and
approved the proposed drainage with conditions and the Planning Board has accepted
his recommendation; and
WHEREAS, on May 19, 2005, the Suffolk County Department of Health Services
reviewed and approved an application under the reference number C-1 0-05-0007; and
WHEREAS, on May 23,2005, the Southold Town Building Inspector reviewed and
certified the site plan for "Professional Office and Accessory Apartment" use; and
WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of
Public Hearing, has received affidavits that the applicant has complied with the
notification provisions; and
WHEREAS, the following four items are incorporated and included in the site plan:
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. The trench drain indicated at the entrance be of adequate size and the Town
Engineer recommends a fifteen (15) inch diameter drainage pipe to the leaching
basin.
Southold Town Planninq Board Paqe Nine June 13, 2005
3. All signs shall meet South old Town Zoning Codes and shall be subject to
approval of the Southold Town Building Inspector.
4. Based on the land banked parking the Planning Board has the right to review the
parking requirements again if a change of use is proposed; and
WHEREAS, all the requirements of the Site Plan Regulations of the Town of Southold
have been met; be it therefore
RESOLVED, that the Southold Town Planning Board has reviewed the proposed action
to the policies of the Town of Southold Local Waterfront Revitalization Program and has
determined the action is consistent provided that the best management practices
outlined in the June 8, 2005 memo prepared by the LWRP Coordinator are
implemented;
Chairperson Woodhouse: Second.
Bill Cremers: Motion made and seconded. All in favor?
Ayes.
Bill Cremers: Opposed? Motion carries.
Martin Sidor: AND BE IT FURTHER RESOLVED, that the Southold Town Planning
Board grant final approval of the site plan prepared and certified by Angel B. Chorno,
Architect, dated January 6, 2005 and last revised May 17, 2005, and authorize the
Chairperson to endorse the final site plans subject to a one year review from the date of
issuance of the building permit.
Ken Edwards: Second the motion.
Bill Cremers: Motion made and seconded, All in favor?
Ayes.
Bill Cremers: Opposed? Motion carries.
*******************************************************
Hearings Held Over From Previous Meetings:
North Fork Deli (Bremer's Deli) - This site plan is for a new 1,840 sq. ft. building with
857 sq. ft. of retail floor display, 738 sq. ft. for food preparation, including a
utility/bathroom and 245 sq. ft. of storage with no public access on a 0.22-acre parcel in
the B Zone located on the nle corner of NYS Road 25 and Legion Avenue, in Mattituck.
SCTM#1000-142-2-22
Southold Town Planninq Board Paqe Ten June 13, 2005
Bill Cremers: Is there anyone who wanted to speak on this? (no response)
Ken Edwards: I would like to entertain the following motion:
BE IT RESOLVED that the Southold Town Planning Board hereby holds the public
hearing for North Fork Deli open.
Chairperson Woodhouse: Second.
Bill Cremers: Motion made and seconded. All in favor?
Ayes.
Bill Cremers: Opposed? Motion carries.
*******************************
Silver Nail Vineyards - This site plan is for a new winery building of 5,477 sq. ft. on a
21.5019-acre parcel in the A-C Zone located on the north side of NYS Route 25
approximately 3,612' east of Peconic Lane, in Southold. SCTM#1000-75-2-15,1 & 15.2
Bill Cremers: We are going to do the same thing on that one. Does somebody want to
make that motion?
Ken Edwards: I'd like to entertain the following motion: BE IT RESOLVED that the
South old Town Planning Board hereby holds the public hearing for Silver Nail
Vineyards open.
Chairperson Woodhouse: Second.
Bill Cremers: Motion made and seconded. All in favor?
Ayes.
Bill Cremers: Opposed? Motion carries,
*********************************
CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE-
SUBDIVISIONS (Lot Line Changes)
Final Determinations:
OreQon LandinQ I: The proposed cluster subdivision will subdivide a 25.79-acre parcel
into five lots where Parcel 1 will equal 136,244 sq. ft.; Parcel 2 will equal 81,016 sq. ft.;
Parcel 3 will equal 75,738 sq. ft.; Parcel 4 will equal 70,383 sq. ft. and Parcel 5 will
equal 17.02 acres upon which development rights will be sold to the Town of Southold.
South old Town Planninq Board Paqe Eleven June 13. 2005
The property is located nlo Oregon Road, 625 feet wlo Bridge Lane, in Cutchogue.
SCTM#1000-83-2-9.1
Georqe Solomon: WHEREAS, the proposed action will subdivide a 25.79-acre parcel
(SCTM#1 000-83-2-9.1) into five lots where Parcel 1 will equal 136,244 sq. ft.; Parcel 2
will equal 81,016 sq. ft.; Parcel 3 will equal 75,738 sq, ft.; Parcel 4 will equal 70,383 sq.
ft. and Parcel 5 will equal 17.02 acres which is proposed for a Development Rights Sale
to the Town of Southold; and
WHEREAS, the applicant has entered into a Sale of Development Rights Contract with
the Town of South old on January 7,2004; and
WHEREAS, on May 9, 2005, the Planning Board granted conditional final approval on
the plat, dated as revised March 22, 2005, and all conditions have been met; and
WHEREAS, the applicant has submitted the Park and Playground Fee in the amount of
$21,000.00; and
WHEREAS, the applicant has submitted a Suffolk County National Bank Irrevocable
Letter of Credit #050602 in the amount of $164,245.00; and
WHEREAS, the applicant has submitted the Administrative Fee in the amount of
$9,854.70; and
WHEREAS, the applicant has entered into a contract (#11-03-230-C) with the Suffolk
County Water Authority to install approximately two thousand one hundred twelve
(2112) feet of main on Cox Lane and one thousand eight hundred twenty three (1823)
feet of main on Oregon Road; and
WHEREAS, all the requirements of the Subdivision Regulations of the Town of
South old have been met; be it therefore
RESOLVED, that the South old Town Planning Board accepts the Suffolk County
National Bank Irrevocable Letter of Credit #050602 in the amount of $164,245.00 and
recommends same to the Town Board;
Bill Cremers: Motion made and seconded. All in favor?
Ayes,
Bill Cremers: Opposed? The motion carries.
Georqe Solomon: AND BE IT FURTHER RESOLVED, that the Southold Town
Planning Board grant final approval on the plat, last revised on March 22, 2005, and
authorize the Chairperson to endorse the plat upon the satisfaction of the following
condition: The approval of the Letter of Credit #050602 by the Town Board.
South old Town Planninq Board PaQe Twelve June 13, 2005
Chairperson Woodhouse: I have a question before you vote on this. There was some
discussion at the last hearing about a road agreement, and I just wanted to ask if there
is any further information about a road agreement?
John Guido: We attempted to get a meeting together, which couldn't happen,
Chairperson Woodhouse: Any reason why that couldn't happen... is there?
John Guido: Basically I came up with a date for a meeting and the gentleman that the
meeting was with wanted a month after the date I suggested. So it sounded to me like
he wasn't being cooperative.
Chairperson Woodhouse: Thank you.
Bill Cremers: There was a motion made,
Ken Edwards: Second.
Bill Cremers: Motion made and seconded. All in favor?
Ayes.
Bill Cremers: Opposed? Motion carries.
**********************************************
Edward Booth: This cluster conservation subdivision includes the merger of
SCTM#1000-51-2-7 with SCTM#1000-51-2-8. The proposal is to subdivide the 28.36-
acre parcel into three lots where Lot 1 equals 24.8647 acres, including a 3-acre building
lot and a development rights sale of 21,8647 acres to the Town of Southold; Lot 2
equals 1.5 acres; and Lot 3 equals 2 acres. The property is located nlo CR 48, wlo Mt.
Beulah Avenue and slo Sound Avenue in Southold. SCTM#1000-51-2-7 & 8
Ken Edwards: I would like to entertain the following motion:
WHEREAS, this proposal, which includes the merger of SCTM#1 000-51-2-7 with
SCTM#1000-51-2-8, is for a cluster conservation subdivision to subdivide a 28.36-acre
parcel into three lots where Lot 2 equals 1.5 acres; Lot 3 equals 2 acres; and Lot 1
equals 24.8647 acres upon which the Development Rights on 21.8647 acres are
proposed to be sold to the Town of Southold; and
WHEREAS, the South old Town Planning Board granted conditional sketch plan
approval on October 14, 2003 on the plat dated June 20,2003; and
WHEREAS, on May 9, 2005, the Southold Town Planning Board granted conditional
final approval upon the plat prepared by Peconic Surveyors, PC, dated June 20, 2003
and last revised on March 30, 2005; and
South old Town Planninq Board Paqe Thirteen June 13, 2005
WHEREAS, the applicant has filed a Declaration of Covenants and Restrictions with the
Suffolk County Clerk's Office; and
WHEREAS, the applicant has paid the Park and Playground Fee of $3,500; and
WHEREAS, the applicant has submitted 5 mylars and 8 paper prints of the final plat
with the Health Department stamp of approval; and
WHEREAS, the Southold Town Planning Board finds that all of the conditions of
conditional final approval have been met; be it therefore
RESOLVED, that the Planning Board grants final approval upon the plat prepared by
Peconic Surveyors, PC, dated June 20, 2003 and last revised on March 30, 2005, and
authorizes the Chairperson to endorse the maps.
Bill Cremers: Second the motion. Motion made and seconded. All in favor?
Ayes.
Bill Cremers: Opposed? Motion carries.
******************************************
Sessa/Petersen Irrevocable Trusts: Proposal is for a lot line change that will transfer
8,222 s.f. from Parcel 2 (SCTM# 1000-99-4-9) and merge it with Parcel 1 (SCTM#
1000-99-4-1 ) and Parcel 3 (SCTM# 1000-99-4-27) where, following the transfer, Parcel
1 will equal 37,742 s.f. and Parcel 2 will equal 138,037 s.f.
Martin Sidor: WHEREAS, this proposal is for a lot line change which will transfer 8,222
sq. ft. from Parcel 2 (SCTM#1000-99-4-9) and merge it with Parcel 1 (SCTM#1000-99-
4-17) and Parcel 3 (SCTM#1 000-99-4-27) where, following the transfer, Parcel 1
(SCTM#s1000-99-4-17 & 27) will equal 37,742 sq. ft. and Parcel 2 will equal 138,037
sq. ft.; and
WHEREAS, the Southold Town Planning Board received an application for the lot line
change on May 20, 2005 and reviewed said application at their Work Session on June
6, 2005; be it therefore
RESOLVED, that the Southold Town Planning Board, acting under the State
Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, do an
uncoordinated review of this Unlisted Action. The Planning Board establishes itself as
lead agency, and as lead agency, makes a determination of non-significance and
grants a Negative Declaration;
Chairperson Woodhouse: Second.
Bill Cremers: Motion made and seconded. All in favor?
Southold Town Planninq Board Paqe Fourteen June 13,2005
Ayes.
Bill Cremers: Opposed? The motion carries.
Martin Sidor: AND BE IT FURTHER RESOLVED, that the South old Town Planning
Board finds that because this proposed lot line change will result in the conveyance of a
3.169-acre parcel to the New York State Department of Environmental Conservation
and does not result in the creation of any additional building lots, the public hearing
requirement for this project is hereby waived;
Chairperson Woodhouse: Second.
Bill Cremers: Motion made and seconded. All in favor?
Ayes,
Bill Cremers: Opposed? The motion carries.
Martin Sidor: AND BE IT FURTHER RESOLVED, that the Southold Town Planning
Board grant final approval on the surveys prepared by Joseph Ingegno, L.S., dated
February 18, 2005, and authorize the Chairperson to endorse the final surveys.
Ken Edwards: Second the motion.
Bill Cremers: Motion made and seconded. All in favor?
Ayes.
Bill Cremers: Opposed? The motion carries.
*******************************************
Conditional Final Determinations:
Elvsian Fields. This proposed conservation subdivision is for 5 lots on 37.85 acres
where Lot 1 equals 1.83 acres, Lot 2 equals 1.83 acres, Lot 3 equals 1.83 acres, Lot 4
equals 1.83 acres and Lot 5 equals 28.40 acres upon which a Conservation Easement
was granted to the Peconic Land Trust and includes a 2.09-acre building envelope.
The property is located on the nlslo State Route 25 approximately 545 feet wlo Maple
Avenue in Southold. SCTM#1000-75-2-2
Ken Edwards: I would like to entertain the following motion:
WHEREAS, this proposal is to subdivide a 37.85-acre parcel into 5 lots where Lot 1
equals 1.83 acres, Lot 2 equals 1,83 acres, Lot 3 equals 1.83 acres, Lot 4 equals 1.83
acres and Lot 5 equals 28.40 acres upon which a Conservation Easement was gifted to
the Peconic Land Trust and includes a 2.09-acre building envelope: and
South old Town Planninq Board Paqe Fifteen June 13, 2005
WHEREAS, the South old Town Planning Board granted conditional sketch plan
approval by resolution, dated August 10, 2004, on the map prepared by John C. Ehlers,
LS, dated as last revised July 23, 2004; and
WHEREAS, the Southold Town Planning Board granted conditional preliminary
approval by resolution, dated October 5, 2004, on the map prepared by John C. Ehlers,
LS, dated as last revised August 13, 2004; and
WHEREAS, on May 19, 2005, the applicant submitted a map containing the Health
Department stamp of approval; be it therefore
RESOLVED, that the South old Town Planning Board finds that the requirement for
street lights is inconsistent with the character and land use of the area and is hereby
waived for this project;
Chairperson Woodhouse: Second the motion.
Bill Cremers: Motion made and seconded. All in favor?
Ayes.
Bill Cremers: Opposed? The motion carries.
Ken Edwards: AND BE IT FURTHER RESOLVED, that the Southold Town Planning
Board finds that because a public hearing was held on October 4, 2004 and the final
plat is in substantial agreement with the preliminary plat, the final public hearing for this
project is hereby waived;
Chairperson Woodhouse: Second.
Bill Cremers: Motion made and seconded. All in favor?
Ayes.
Bill Cremers: Opposed? The motion carries,
Ken Edwards: AND BE IT FURTHER RESOLVED, that the Southold Town Planning
Board grants conditional final approval upon the plat prepared by John C. Ehlers, LS,
dated as last revised May 3, 2005, subject to the following conditions:
1. Final review and approval by the Town Engineer of the Road and Drainage
Plans and the bond estimate.
2. Submission of the Performance Guarantee for approval by the Town Board.
3. Submission of the Administrative Fee (amount to be determined).
4. Submission of the filed Declaration of Covenants and Restrictions,
5. Submission of the filed Road and Maintenance Agreement.
6. Payment of the Park and Playground Fee in the amount of $20,000.
South old Town Planninq Board Paqe Sixteen June 13, 2005
7. Submission of the curb-cut permit from the Department of Transportation.
8. Submission of 5 mylar and 8 paper plats with the Suffolk County Department of
Health stamp of approval affixed to each sheet.
Martin Sidor: Second.
Bill Cremers: Motion made and seconded. All in favor?
Ayes.
Bill Cremers: Opposed? The motion carries.
AAA4444AAAAAAAAAAAAAAAAAAAAAAAAAAA
Doroski Family Limited Partnership. This proposed subdivision is for 4 lots on 40.56
acres where Lot 1 equals 99,316 sq. ft.; Lot 2 equals 103,823 sq. ft.; Lot 3 equals
80,000 sq. ft. and Lot 4 equals 34.06 acres. The property is located slo Sound View
Avenue, 170' wlo Hope Lane, Southold. SCTM#1000-69-1-9
Martin Sidor: WHEREAS, this proposal is to subdivide a 40.56-acre parcel into four
lots where Lot 1 equals 99,316 sq. ft., Lot 2 equals 103,823 sq. ft., Lot 3 equals 80,000
sq. ft. and Lot 4 equals 34.06 acres upon which the Development Rights on 33.16 acres
have been sold to the Town of Southold; and
WHEREAS, the Southold Town Planning Board hereby granted an extension of time for
conditional sketch approval until October 15, 2005; and
WHEREAS, the Board of Trustees issued a permit (Number 5972) for the action on
August 18,2004; and
WHEREAS, the Planning Board is in receipt of the response from the County of Suffolk
Department of Planning, dated June 4, 2003; and
WHEREAS, Conditions 2, 3, 4, 5, 6 and 8 must be included within Draft Covenants and
Restrictions to be submitted to this office; therefore, be it
RESOLVED, that the South old Town Planning Board grant conditional final approval on
the plat, dated as revised April 16, 2005, subject to the following conditions. The
conditions must be met within six (6) months of the resolution:
1. Submit a Letter of Water Availability from the Suffolk County Water Authority.
2. The determination issued by the Southold Fire District has expired. Please
contact the District for an updated determination and submit such to this
office.
Southold Town Planninq Board Paqe Seventeen June 13, 2005 !
3. Submit a Park and Playground Fee in the amount of $7,000 ($3,500 per
newly created lot).
4. Provide the Planning Board with a General Permit for Storm-water Runoff
from Construction Activity (GP-02-01) or include the following language in the
Covenant and Restriction: "Prior to any construction activity, the project will
require a General Permit for Storm-water Runoff from Construction Activity
(GP-02-01) administered by the New York State Department of
Environmental Protection (DEC) under the Phase /I State Pollutant Discharge
Elimination System (SPDES) Program." Please contact the DEC at 518/402-
8265 for permitting information.
5. Include the following clause in the Draft Covenants and Restrictions:
a. Add the clause "This subdivision is subject to the Article XXII, Farmland
Bill of Rights [Added 5-27-1997 by L.L. No. 11-1997] Section 9 100-220.
Right to Farm of the Town of Southold Town Code.
b. Pursuant to Chapter A 106-56, please include clearing limit language
pertaining to Lots1 through 3.
6. Submit a permit from the New York State Department of Environmental
Conservation for the action.
Ken Edwards: Second the motion.
Bill Cremers: Motion made and seconded. All in favor?
Ayes.
Bill Cremers: Opposed? Motion carries.
************************************************************
Setting of Preliminary Hearings:
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 # 21-1-30.1
Ken Edwards: WHEREAS, 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; and
WHEREAS, the Southold Town Planning Board granted conditional sketch plan
approval on May 10, 2004 for the proposed action; and
Southold Town Planninq Board Paqe Eiqhteen June 13,2005
WHEREAS, on December 14, 2004, the Southold Town Planning Board granted an
extension of time for conditional sketch approval until May 10, 2005; and
WHEREAS, by letter dated May 9, 2005, the applicant has requested another extension
of time as Health Department approval is pending at this time; and
WHEREAS, the applicant has submitted an application and fees for preliminary plat
approval pursuant to Chapter A 106 of the Town Code; be it therefore
RESOLVED, that the Southold Town Planning Board grants a retro-active extension of
time from May 10, 2005 until November 10, 2005;
Bill Cremers: Second the motion. Motion made and seconded. All those in favor?
Ayes.
Bill Cremers: Opposed? Motion carries.
Ken Edwards: AND BE IT FURTHER RESOLVED, that the Southold Town Planning
Board sets the preliminary hearing regarding the map for the above-referenced
standard subdivision for 6:05 p.m. Monday, July 11, 2005 at the South old Town Hall.
Bill Cremers: Second the motion. Motion made and seconded. All those in favor?
Ayes.
Bill Cremers: Opposed? Motion carries.
************************************
Sketch Extensions:
Booth, Edward - This proposal is to set off a 2 acre lot from an 8.05 acre parcel. The
property is located on the north side of Sound View Avenue, 1,669 feet elo Lighthouse
Road, in Southold. SCTM 50-2-15
Georqe Solomon: WHEREAS, this proposal is to subdivide an 8.05-acre parcel into
two lots where Lot 1 equals 2 acres and Lot 2 equals 6.0546 acres; and
WHEREAS, on November 11, 2003, the Southold Town Planning Board granted
conditional sketch approval upon the map dated June 10, 2003; and
WHEREAS, on February 14, 2005, the South old Town Planning Board granted an
extension of time for sketch approval from May 11, 2004 to May 11, 2005; and
South old Town Planninq Board Paqe Nineteen June 13, 2005
WHEREAS, by letter dated May 25, 2005, the applicant has requested another
extension of time as the Health Department application is pending at this time; be it
therefore
RESOLVED, that the Southold Town Planning Board grant a retroactive extension of
time from May 11, 2005 until November 11, 2005.
Bill Cremers: Second the motion. Motion made and seconded. All in fayor?
Ayes.
Bill Cremers: Opposed? Motion carries.
**********kAAAA.AAAAAAAAAAAAAAAAAA
Conditional Sketch Determinations:
Baxter, Mark Standard Subdivision. This standard subdivision proposes to subdivide
a 6.78-acre parcel in the R-40 zone into 2 lots where Lot 1 equals 4.407 acres and Lot
2 equals 2.616 acres. The property is located nlo Main Bayview Road, 325' elo Smith
Drive South, in Southold. SCTM#1000-78-7-5.3 & 5.4
Martin Sidor: WHEREAS, this standard 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#s1000-78-7-5.3 and 5.4); and
WHEREAS, the Planning Board has approved the 2-lot parcel yield; and
WHEREAS, on February 14, 2005, the Southold Town Planning Board started the
SEQRA lead agency coordination process for this Unlisted Action; and
WHEREAS, on March 13, 2005, the Planning Board established itself as lead agency
for the proposed action pursuant to 6 NYCRR Section 617.6; and
WHEREAS, the Board of Trustees amended the wetland delineation boundary and is
requiring the creation of a 50' non-disturbance buffer from the wetland; and
WHEREAS, the Board of Trustees has determined that the action is within their
jurisdiction and the action will require a permit from that department; and
WHEREAS, no other significant comments were received in the SEQRA response time
frame; be it therefore
RESOLVED, that the Southold Town Planning Board is requiring that the map be
amended to show the 50' non-disturbance buffer required by the South old Town
Trustees;
Southold Town Planninq Board Paqe Twenty June 13. 2005
Bill Cremers: Second the motion. Motion made and seconded. All in favor?
Ayes.
Bill Cremers: Opposed? Motion carries.
Martin Sidor: AND BE IT FURTHER RESOLVED, that the South old Town Planning
Board establishes itself as lead agency and as lead agency issues a Negative
Declaration for the action;
Ken Edwards: Second the motion.
Bill Cremers: Motion made and seconded. All in favor?
Ayes.
Bill Cremers: Opposed? Motion carries.
Martin Sidor: AND BE IT FURTHER RESOLVED, that the South old Town Planning
Board grant conditional sketch plan approval on the map, dated as last revised
December 22, 2004, subject to the following conditions:
1. Submit a draft Covenant and Restriction with the following:
a. A clause creating the 50' non-disturbed buffer adjacent to the wetland
boundary.
b. A clause stating, "storm-water resulting from the development and
improvement of Lot 2 or any of its lots shall be retained and disposed
of on site. No storm-water shall be discharged to public lands or
waters" ,
2. Show the 50' non-disturbance buffer on the preliminary plat.
3. Pursuant to A106-56, please show clearing limits for Lot 2 equal to 50
percent of the total area.
4. The ERSAP process requires that protected species information be
submitted to this board. Please contact the New York Natural Heritage
Program at (518-402-8935) to determine the presence or absence of
protected species in the area, Note that if pertinent information is received,
the Planning Board reserves the right to rescind the Negative Declaration and
re-evaluate the action to the new information.
5. Submit a determination from the Town of Southold Board of Trustees and the
New York State Department of Environmental Conservation for the action.
Southold Town Planninq Board Paqe Twenty-One June 13. 2005
Ken Edwards: Second the motion.
Bill Cremers: Motion made and seconded. All in favor?
Ayes.
Bill Cremers: Opposed? Motion carries.
********************************************
Bond Determinations:
Paradise Isles. This proposal is to subdivide a 30.62 acre parcel into 4 lots; where lot
1 equals 7.58 acres; lot 2 equals 7.581; lot 3 equals 7.884 and lot 4 equals 7.582 acres
in the R-80 zoning district: Greenport North side of Island View La., 234.18' west of
Bayshore Rd. & on the south side of August Lane, Greenport. SCTM# 53-6-46.2
Ken Edwards: I would like to entertain the following motion:
BE IT RESOLVED, to release the revised Bond Estimate in the amount of $47,275.00,
dated March 29, 2002, as recommended by the Town Engineer in a letter dated May
18,2005, and recommend the same to the Town Board.
Chairperson Woodhouse: Second.
Bill Cremers: Motion made and seconded. All in favor?
Ayes.
Bill Cremers: Opposed? The motion carries.
**********************************
CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE-
SUBDIVISIONS (Lot Line Changes) - STATE ENVIRONMENTAL
QUALITY REVIEW ACT
Lead Agency Coordination:
Krupski Familv Ltd. Liability Co. - This proposal is for a standard subdivision to
subdivide a 57.457 4-acre parcel into two lots where Lot 1 equals 1.8366 acres and Lot
2 equals 55.9985 acres. The property is located on the north side of Oregon Road and
the south side of Sound View Avenue, approximately 1385' east of Saltaire Way in
Mattituck. SCTM # 100-2-3
Southold Town Planninq Board Paqe Twenty-Two June 13, 2005
Georqe Solomon: WHEREAS, this proposal is for a standard subdivision to subdivide a
57.4574-acre parcel into two lots where Lot 1 equals 1.8366 acres and Lot 2 equals
55.9985 acres; and
WHEREAS, an application for sketch approval was submitted on May 6, 2005; be it
therefore
RESOLVED, that the Southold Town Planning Board start the SEQRA lead agency
coordination process for this Unlisted Action.
Ken Edwards: Second the motion.
Bill Cremers: Motion made and seconded. All in favor?
Ayes.
Bill Cremers: Opposed? Motion carries.
Claudio. William & Janice - Proposal is to subdivide an 81,913 sJ. parcel into two lots,
where Lot 1 equals 40,913 sJ. and Lot 2 equals 41,000 sJ. The property is located at
the terminus of Gull Pond Lane in Greenport. SCTM# 35-3-12.6
Ken Edwards: I will entertain the following motion:
WHEREAS, this proposal is to subdivide an 81,913 sq. ft. parcel into two lots where Lot
1 equals 40,913 sq. ft. and Lot 2 equals 41,000 sq. ft.; and
WHEREAS, the Zoning Board of Appeals granted variances for the project on April 14,
2005; and
WHEREAS, an application for sketch approval was submitted on May 4, 2005; be it
therefore
RESOLVED, that the South old Town Planning Board start the SEQRA lead agency
coordination process for this Unlisted Action.
Chairperson Woodhouse: Second.
Bill Cremers: Motion made and seconded. All in favor?
Ayes.
Bill Cremers: Opposed? The motion carries.
**********************************
South old Town Planninq Board Paqe Twenty-Three June 13, 2005
SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT
Lead AQency Coordination:
Burt's Reliable - This amended site plan is for new construction of a 5,092 sq.ft.
storage building on a 38,459 sq.ft. parcel in the LI Zone located approximately 90' nlo
Traveler Street on the wlslo Youngs Avenue in Southold. SCTM# 1000-60-1-6
Martin Sidor: WHEREAS, the proposed amended site plan is for the new construction
of a 5092 sq. ft. storage building on a 38,459 sq. ft. parcel in the LI Zone, located
approximately 90' nlo Traveler Street, on the wlslo Youngs Avenue in Southold, known
as 1515 Youngs Avenue, in Southold. SCTM #1000-60-1-6, be it therefore
RESOLVED, that the South old Town Planning Board, pursuant to Part 617, Article 6 of
the Environmental Conservation Law acting under the State Environmental Quality
Review Act, initiates the SEQR lead agency coordination process for this unlisted
action.
Chairperson Woodhouse: Second.
Bill Cremers: Motion made and seconded. All in favor?
Ayes.
Bill Cremers: Opposed? The motion carries.
**********************************
APPROVAL OF PLANNING BOARD MINUTES
Bill Cremers: The Board is to approve the April 11 , 2005 minutes.
Ken Edwards: So moved.
Chairperson Woodhouse: Second.
Bill Cremers: Motion made and seconded. All in favor?
Ayes.
Bill Cremers: Opposed? The motion carries.
**********************************
South old Town Planninq Board Paqe Twenty-Four June 13, 2005
OTHER
Cross Sound Ferry - Site plan of the entire site for parking and improvements.
SCTM#'s 15-9-10.1,11.1,15.1
Ken Edwards: I will entertain the following:
WHEREAS, Cross Sound Ferry Services, Inc. received site plan approval with
conditions from the Southold Town Planning Board for the entire site on February 1,
2002; and
WHEREAS, the final approval of the site plan expired on February 1, 2005 and the
attorney for the applicant sought to extend such approval; be it therefore
RESOLVED, that the Southold Town Planning Board grant a six-month extension from
February 1,2005 to August 1, 2005 to the final approval with conditions, subject to
fulfillment of the following new condition which must be met by the close of the
extension: All site improvements shown on the site plan date signed February 1, 2002
be completed and all conditions be met as approved in the resolution dated December
11,2001.
Georqe Solomon: Second.
Bill Cremers: Motion made and seconded, All in favor?
Ayes.
Bill Cremers: Opposed? The motion carries. Having completed all the normal
business on our agenda, is there anyone else who would like to speak to the Board
before we adjourn? Hearing none, I would like a motion to adjourn.
Martin Sidor: So moved.
Bill Cremers: Second?
Georqe Solomon: Second.
Bill Cremers: All in favor?
Ayes.
Bill Cremers: Opposed? The motion carries.
There being no further business to come before the Board, the meeting was adjourned
at 6:45 p.m.
Southold Town Planninq Board Paqe Twenty-Five June 13, 2005
ReS;Q::~~
Linda Randolph
Secretary
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