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HomeMy WebLinkAboutPB-08/08/2005PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON Present were: PLANNING BOARD OFFICE TOWN OF SOUTHOLD PUBLIC MEETING MINUTES Monday, August 8, 2005 6:00 p.m. Jerilyn B. Woodhouse, Chairperson William J. Cremers, Vice Chairman Kenneth L. Edwards, Member Martin H. Sidor, Member George D. Solomon, Member Valerie Scopaz, Town Planning Director Bruno Semon, Senior Site Plan Reviewer Mark Terry, Senior Environmental Planner Anthony Trezza, Senior Planner Victor L'Eplattenier, Planner Denise Heyse, Planner Trainee Linda Randolph, Secretary MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 SETTING OF THE NEXT PLANNING BOARD MEETING Chairperson Woodhouse: Good evening and welcome to the August 8th meeting of the Southold Town Planning Board. For our first order of business, we will set the next meeting for Monday, September 12, 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. Ken Edwards: So moved. Bill Cremers: Seconded. Chairperson Woodhouse:. All in favor? Ayes: Ms. Woodhouse, Mr. Cremers, Mr. Edwards, Mr. Sidor, Mr. Solomon. Chairperson Woodhouse: Opposed? And the motion carries. Chairperson Woodhouse: Tonight we have a number of public hearings. There will be opportunities for the public to address the Planning Board. We ask that when you Southold Town Planninq Board Page Two Auqust 8, 2005 come forward, you please approach either of the microphones, speak clearly, identify who you are and where you are from; and, if you would, also sign and print your name legibly on the paper that's provided so that will help us in our transcription. PUBLIC HEARINGS Chairperson Woodhouse: 6:00 I~.m. Purita, Frank: This proposed Cluster Conservation Subdivision is to subdivide a 27.0309-acre parcel into 3 lots where Lot 1 equals 40,001 sq. ft.; Lot 2 equals 40,001 sq. ft. and Lot 3 is comprised of a 22.5227- acre Development Rights Sale, a 2.39-acre building envelope and a 65 x 148.68-foot building envelope in the north of the parcel for an agriculture structure. A 15-foot utility easement is also proposed over Lot 3. The property is located n/o the intersection of CR 27 and CR 48 and s/o Sound View Avenue in Southold. SCTM#1000-51-3-4.3 Is there anyone here who would like to address the Board on behalf of this application? Patricia Moore: Good evening. I am here on behalf of Mr. Purita, and Mr. Purita is here as well. This piece of property, through the conservation subdivision, is going to continue the agricultural use of this property as the Sawicki family had long ago started. So we are very pleased that Mr. Purita had the foresight to plan for the conservation subdivision and continue this in agriculture. As you stated, we have very limited development, only two lots: the barn structures along North Road and the farm parcel has already been tilled and has been planted to a great extent by Mr. Purita in the meantime. I have the map here if anybody needs to look at it: I'll leave it here on this dais and we thank you for your help throughout the process. Chairperson Woodhouse: Thank you. Is there anyone else who would like to address the Board on this application? Yes ma'am? Marilvn Weiqold: Good evening. I'm Marilyn Weigold, a resident of Southold at 1640 Chablis Path. I have resided there for ten years. Prior to that, I had a home in Jamesport. I'd like to begin my brief remarks, a copy of which I will leave with you, by first of all thanking the members of the Planning Board for according me an opportunity to offer a few observations about the proposed development. Having read the documents in the file dealing with this piece of property, I came across a map, presumably the one right before me, which indicates that the barn that will be constructed close to Soundview Avenue will not have any sanitation facility. I guess my concern is this: as the grapes mature and wine is made, and a tasting room opens, that perhaps that barn will become a tasting room. And, at that point, sanitation facilities will be needed and if we look at what has occurred with so many other fine wineries on the North Fork, usually they are very small, I think Pindar is a good example. The original restreoms were over to one side of the lobby and the building that to this day remains the tasting room. But over the years the tasting room has expanded at Pindar. As you doubtless know there are now two rather sizeable tasting bars and a smaller VIP tasting Southold Town Plannina Board Paqe Three August 8, 2005 bar, a major gift shop operation and, on many weekends, thousands of people visiting Pindar for tours and tastings. I certainly wish the Puritas the very best of luck with their entrepreneurial initiatives and I am very pleased that they are setting aside some of Southold's dwindling open space, and for that we are all very grateful. But I guess one of my major concerns is that as the Purita's business thrives and perhaps expands, they will have to have additional sanitation facilities if they have a tasting room. Perhaps a freestanding building similar to what Pindar erected, and there are, I would tend to think, environmental implications for anything along these lines. Speaking of the environment, I am also concerned about what I read in the file about an agricultural chemical called "perchlorate" and I came across in the file a document dated July 8, 2004, in which the Suffolk County Health Department expressed some concerns about the water that would be provided to building lots close to Soundview Avenue. Apparently, there is no plan to have municipal water available for that part of the property and the SCHD indicated that they were opposed to granting a variance for the use of private water for those lots. Again, along environmental lines, there is also an issue of noise pollution. Agricultural and other vehicles utilizing the road that has already appeared on the Purita property between Soundview Avenue and Old North Road, those vehicles have posed a noise pollution problem for residents of the east side of Chablis Path whose properties are contiguous with the Purita property and yet, the residents on the east side of Chablis Path did not receive any formal notification of this hearing. Furthermore, in terms of noise pollution: early morning driving of stakes, presumably to support the vines for the new vineyard, has also become an issue this summer. I will grant you that this particular noise problem is hopefully short term, but there is another issue that I think is longer term, and it relates to Soundview Avenue. For a very long time, residents of Southold have referred to Soundview Avenue as the "Humpty-Dumpty" road because of its gently undulating terrain. At various points along that road, between Route 48 and Mt. Beulah Avenue there are limited sight distances an hence the potential for accidents. Already, we have observed that potential as customers of the Purita farm stand pull over to the side of the road parking their vehicles half on the grass half on the road and posing a threat to other motorists, to pedestrians, to cyclists. And that's another thing. Soundview Avenue is a designated bike path. On weekends in particular, cyclists, some of them professional, semi- professional, participating in biking tours of the North Fork, many of them families including children are out there on Soundview Avenue. Quite frankly, if the Purita's winery grows and prospers the way I sincerely hope that it will, I for one do not feel that given the design of Soundview Avenue that that roadway can really support the traffic that might be on that road and coming to the new vineyard. That is why I respectfully ask the members of the Planning Board to consider in particular the location of the barn. Because were that barn to become the tasting room for the vineyard, it would seem to me that perhaps it would be better in terms of traffic to have that facility located closer to the Old North Road part of the property rather than up near Soundview Avenue. Once again, thank you so much for permitting me to speak. Pat Moore: With regard to some of the points that were raised, I would point out that the barn that is on the north side of the property is a barn. It is not a tasting room. It will have no sanitary facility because it is a standard farm barn. The area that has been reserved, which is 2.2 acres, down along the North Road, the south end of the property, Southold Town Planninq Board Paqe Four Auclust 8, 2005 is the area that the County has allowed us to reserve in the event that, and right now we don't have in mind a winery or anything of the sort, but if that were to be the development in the future, the area to the south, which is the reserved area, would be the logical place, and the area where the County and the Town would allow us to operate any kind of winery or tasting room or whatever they should seek in the future. So right off of that, she is correct, it would be more appropriate to have a winery down on the south end, which is precisely what we provided for on this plan. With regard to the Health Department issues, the reason that this plan took so long, and I know this has been a bone of contention with property owners dealing with conservation subdivisions, is because the Health Department does not provide for expediter review. They review this as if we were asking for a 20-lot subdivision, and what we had to do is provide the water line that runs from the south again and the water easement that gives access public water through the Suffolk County Water Authority to the two lots, lot #1 & 2. In fact, they even required two existing houses, the Sawicki parcels, that were the subject of lot line changes and been approved long ago, to connect to public water as well. So, the public water is on the south end, we actually had to get the public water to the lots and that's why we provided for the easement because there was no public water along Soundview Avenue, so despite the fact that we are preserving 75% of this land, the Health Department didn't really take that into consideration and still insisted that Mr. Purita extend the water to those two parcels and at significant expense. So, we do have public water here, it would be available to any winery operation on the south end of the property and also provides for public water for the two parcels that are off of Chardonnay. With regard to agriculture, and I guess in her sense the nuisance factor of agriculture, well, the alternative is subdivision and its residential construction. To the extent that this community has decided and even put in the code the right to farm bill so that we can let the public know that it is not only a policy statement by our own zoning and by our actions, there is a right to farm bill that allows and encourages farmers that, I don't know how people think that the farming community is going to plant plants and grow crops if they don't have the tractors to do all that work. We don't have the kind of labor that would eliminate the tractor. So, this piece is in active agriculture, it is being farmed in the standard course. In fact, Mr. Purita owns his own residence right across the road and his kids sometimes instead of the lemonade stand, they sell the vegetables that they have planted. So, they have beautiful flowers that I know you can see from the road now, and their own vegetables. They are in the process of putting the vineyard in. So, until that is fully developed, they will still continue to do a vegetable garden. Martin Sidor: Pat, do you know how long the right to farm bill has been on the books in Southold Town? Pat Moore: I think it goes back maybe late '80's, I think since the '80's. I remember when it went in, but I think it goes back. Off the top of my head, I don't recall, but I know it was something that inherently was there. The recognition policy-wise was that we can't have an emphasis in agriculture and open space. Unless you're willing to make everything a field, the farming has to continue and there is a certain amount of nuisance factor I guess, just to any kind of crop. Southold Town Planninq Board Pa,qe Five Auclust 8, 2005 Martin Sidor: And that should be able to, when did she purchase her house next to this property? Marilyn Weiclold: I've been there ten years. Martin Sidor: The point here is that when people are purchasing these houses, there is to be given by the realtor to the people purchasing the home, the right to farm bill so that they have a better understanding. Pat Moore: Right, and the Sawicki property, how many generations have they planted here? It goes back 50, 70 years. It is a long-standing farm. The homes in this area came way after the farm. Thank you. Mary Jablonski: I live in 1989 Soundview Avenue, across from the fields. I have to say that we were extremely happy when Mr. Purita bought this property and actually kept it as a farm. When we moved to the site it was a farm and that was one of the reasons we liked it so much. Whenever I hear the tractor go by, it's actually with joy because it actually stayed a farm. So we are very happy about that. My only question is: it is a bike path and it is a scenic route through Soundview, so we would like to request of Mr. Purita if he could consider maybe the barn building is a rather large structure along that very scenic part, and actually it would sort of obscure a lot of the view of his farm and his vines that people are traveling along the road to see, and there is really almost no farm left on that nice scenic route, so it would be advantageous I think if he could find a method for actually turning the barn; to have the short end of the barn facing the road so that people at least could continue to see the fields and particularly things like the fog rolling through the fields is quite a sight and it's really very wonderful. That's my only comment. Thank you. Pat Moore: I know that the barn was an issue that we've heard over time. The placement of the barn in this position is actually related to the quality of the soils; the topography of the property. The reason it was placed here is because it's not the best- farmed land. When my client, Mr. Purita, was deciding where to put this barn, it was thought through in that manner. In fact, we went to the County Ag Committee and presented the location because we were concerned about that; we wanted to be sure that we didn't have community pressure dictating where the barn would go. It would be purely a business/agricultural decision that was being made, and we placed it on the property. It's a building envelope. The barn can be as big as that or smaller than that depending on the needs of Mr. Purita. We set a building envelope that would work for the operation of his farm. The placement of it is fixed in a sense because the sale of development rights is occurring all around. We wanted to be sure that we didn't have any issues; the whole point was this was a very important spot, and we anticipated that. Certainly, people want their views, and we didn't want the views to override the needs of him as a farmer to be able to place the structure where he thought it would be best. So, we understand everybody's comments, we understand that they would rather see open farm vistas, but if they want to be able to see a farmer continue to farm, then you've got to recognize that it's their decision where the barn goes. Southold Town Planninq Board Pa,qe Six Auclust 8, 2005 Chairperson Woodhouse: I'm not sure what you're saying to the last person's suggestion that the building stay where it is but be rotated. Are you saying that's off the table, or could be considered? What are you saying? Pat Moore: I believe that because the map has the building envelope of where it is to go, I think that's where it's going to go. Later on, if he has to put a building on this property somewhere else, then it might be something he has to go before the Farm Committee and get approval for. Generally, it really depends on the makeup of the Committee as to the flexibility of where the barns go. But at least for now, this is the location that it's going to be in, and I think that the neighbors should recognize that we don't want to give them false expectations. Mark Terry: It's an approved plan from the Department of Heallth, so it would be a little difficult. In fact, he could build a barn anywhere he'd like to the property, it's just that he didn't want to go back to the Committee which would regulate a little more, and he's not getting paid for development rights obviously for this barn blueprint, but I would like to hear from Mr. Purita on the size of the barn, height of the barn, do you have any plans for the barn? Maybe that can quell a lot of the issues. Frank Purita: Right now roughly I'm thinking about 35' X 72'. That's what I'm working with. I'm kind of designing it myself. I live right in front of this barn, basically, or the building envelope. So, I want to do the right thing. I think I'm doing the right thing, I'm trying to improve the farm as a whole. I want to leave some flexibility, that's why we left the 65' X 148' building envelope. Not necessarily is that going to be the size of the barn. If I lived up by Sawicki's, it would have been great to just keep everything up there, but I don't, I live over here. If you've driven by, you'd see most of my equipment outside. I've invested a lot of money in tractors and implements that it would be nice to just store. We've clearly stated that it's going to be just equipment and feed. I have some chickens. Bill Cremers: Thanks. Chairperson Woodhouse: Is there anyone else who would like to comment? Harriet Donofria: I live in the neighborhood also. I have been going along Soundview for about 35 years. We've had a house for 50 years. When you talk about open vistas, I appreciate that along Soundview. It's been a hidden treasure along there. I remember bicycle rides and races started there as a matter of fact. But what used to be open vistas I now see looks like a forest going up along the perimeter there on Soundview. Half the trees are dead and I wonder who has to take care of or maintain conserved properties. Can people decide to put up a wall of trees so that the people on Soundview get no vista, but the man on the other side gets the vista? I just wonder if there are any limitations to how they can change the vista. The open farm vista is now changing into dead trees, and that really is not a lovely vista. I am surprised if he lives across the street that he hasn't done something about this, or maybe he plans to. But my question is: with any of these conservation parcels, can the party then build a wall Southold Town Planninq Board Paqe Seven Auqust 8, 2005 so that it's his conserved area and the people on the street don't get any advantage but the guy around the corner gets all the advantage? That's my question: who is to maintain it and to what extent? and can they change it? Thank you. Because what is now a farm can become a woods overnight, as we all know. Does a farm stay a farm, or is it a farm with woods along the edge? Because I've seen it in several areas. Mark Terry: Mr. Purita is the underlying owner of that property; he just sold his development rights, so technically anything that's classified as [arming or agriculture is permissible; tree farms are permissible, he can grow trees all he wants. As far as the dead trees vs. live trees, that's up to Mr. Purita, but I'm sure he's going to replace them with live trees, I don't think he's the kind of person who's going to leave a dead tree. Frank Purita: It's been dry. If you live right there, which I know you do, if you notice on the other side, east of those trees, I've already renewed the dead trees. Harriet Donofria: Does that mean more trees would replace them? Frank Purita: Well, I have sunflowers. It looks pretty nice. Right now I have no plans. I thought the cedars look very nice. Mark Terry: It's basically up to property rights. He can plant whatever he'd like. Absolutely. Steve Mudd: I'm a grape-grower in Southold. I've got three or four hats on tonight. One of which I'm giving Mr. Purita a hand trying to get his vineyard established. The other is we've been in the wine and grape-growing business out here for 30 years. I serve on many committees: Farm Bureau, Ag Advisory Committee for the Town, Suffolk County Farmland Protection Board, so any questions anybody might have in here that this very educated Board cannot answer, I probably can for you. I understand your concerns, they are justified and valid, but in regards to land that's got development rights sold off or conservation easement or what have you, the property owner can execute what he would like to do on that property and, unfortunately, probably to most in this room, to their dismay. There is no code restricting what may be planted on, what the set-offs have to be or not be in regard to an agricultural storage facility, which is basically what he is applying for. To the best of my knowledge there are two criteria: one is the Town Code for setback, the side road and front road. The other is in fact if you have electricity in there you need an underwriter's certificate from New York State. Other than that, there are no restrictions and if I am incorrect, please correct me. In regards to agricultural support structures in Suffolk County, let alone Southold Town. To be honest with you, I just find it constantly discouraging when someone is trying to assist to keep the area in a rural agricultural successful production, because if you are not successful in agricultural, I don't care what you grow, you're not here. Chairperson Woodhouse: Mr. Mudd, you need to address your comments to this Board, please. Southold Town Planninq Board Pacle Eiclht Auqust 8, 2005 Steve Mudd: And there are certain criteria that need to be met, whatever it may be, and other than that, it's unfortunate that it upsets a lot of people, but the Code is the Code. Martin Sidor brought up a scenario before in regards to an agricultural right-to- farm law. I was on the Agricultural Advisory Committee. I don't think it went back to the early 80's, but it might have been the mid-80's or the late 80's that the law was instituted. Unfortunately, a lot of the Town employees, such as Code Enforcers, will enforce a neon sign going up but they do not enforce notifying real estate agents for anybody that may be abutting a property like that for making them privy to what can or will most likely happen with any sort of agricultural project going on such as irrigation motors maybe running 24 hours, 7 days a week. Diesel engines running for the tractors, sprayers, smell. You're going to smell pesticides, dust, etc. It's all part of agriculture. And I'm surely not here to challenge anybody's opinion, because everybody has their own opinion, but I just want to state what is fact, and fact is that these laws are on the books, these folks are here to explain the codes to you, and I just personally get a little bit distraught with some of the questions that everybody needs to get answered when they know the answers to a lot of them. I just want to say that we're doing everything we can to save agriculture out here, no matter what the commodity is, and it'd be a lot easier to try to support it a little bit more vs. everything that may possibly affect your personal wishes that you don't agree with on the project; it's part of agriculture. There's no two projects the same. I'm not here to badger anybody. I'm here with an array of hats to get back to where his building is being located. I've been involved with Mr. Purita for the better part of two years; I did all the soil analyses on his farm. I went to the Suffolk County Soil and Water Conservation and we filed a farm plan on every plan. The USDA comes back and makes recommendations to us, thanks to everybody sitting in this room for your Federal tax dollars, as to what they recommend to do on certain soil groups to be an efficient grower. It doesn't make any difference what the commodity is. Where it has been suggested by USDA and Soil Water Conservation, Suffolk County Farmland Protection Board to put that building is the most logical place for that building to go so he doesn't lose any successful agricultural production. That's the main reason the building is going there. Other than that, I don't know anything. But I just want to thank you for listening to me, and, whether you agree with me or not, I just want to give my point: it's important for everybody to understand whatever we can do as a Town to keep agriculture here viable, we've got to be a little less rigid about it, more open-eared; there's no two scenarios the same. Thank you for your time. Have a good night. Chairperson Woodhouse: Is there anyone else who would like to address the Board? One at a time, you will all have an opportunity. This is an opportunity for the public to share your comments with us. Please state your name. Pete DiNicola: I live at 1695 Chablis Path. I am president of the homeowners association known as Chardonnay Estates. I am just wondering why, as the homeowners association owns the contiguous piece right next to this property, I never got a letter stating what the intent was and I thought that was common practice, the people who own the property next to it should be informed on what's going on and what the intent is. I have no problem with agriculture. My concerns are more to the water Southold Town Plannincl Board Pacle Nine Auqust 8, 2005 containment. If there's eventually going to be a tasting room and you're going to put in a parking lot, you'll have roof drainage and a parking lot. We have a problem down on the south end of Chardonnay Estates. The water table is rising. Across the street on Old North Road, some houses were put up on top of the hill with no provisions for water containment. As a result, we are getting all the water down, and it's actually raised the water table at Chardonnay Estates. Everything is funneled into the sump that's contiguous to this piece. My concern is: we don't need any more water from a parking lot or anything else. If they went ahead and did this, that they contain their own water so its not our problem again, because our septic systems are starting to pay the toll because the water table is coming up and they're only set two feet above water level at the time they were built. Now it's no longer two feet, so we have a problem there and that's one of my concerns. My other concern is again, if this becomes a tasting room, traffic. The traffic on Soundview Avenue is tough right now. I believe Marilyn already pointed that out and I'm not going to be redundant. Actually, those are my major concerns. This is the first time I'm looking at something at this. People who live next door should be informed and get something like this, a sketch of what's going on so we can prepare ourselves. This is the first time I'm seeing anything like this. Chairperson Woodhouse: Well, you've raised a couple of issues. Mark, do you have anything to add about the notification? Mark Terry: Yes. There were two notifications sent out, and that was Nell Rego, Inc. 100 Fox Hill Drive, Baiting Hollow, NY. Chardonnay Woods Homeowners Association. Pete DiNicola: That's been no longer. Chardonnay Woods Homeowners Association is me. I'm the president. Mark Tern/: Well, they were sent out to the wrong addressee. Pat Moore: It would have been whatever the Assessor's Office has, so if the Association hasn't notified the Assessor's Office of the name change or address, it would have to be whatever the Assessor's Office has on record. You might want to change it. Chairperson Woodhouse: And the other issue you were talking about, we do not have an application before us discussing a tasting room at all. That's not part of what this hearing is about today. Pat Moore: Thank you. I'm glad you're saying that because the only place they talk about, I'm sorry I don't know the name of the woman who spoke first, talked about a tasting room on the north end of Soundview Avenue: this property goes all the way down to Old North Road. Down there is where any activity would take place, away from Chardonnay and away from any of the properties up in the northern end of the property. So, keep that in mind. If you want, after the meeting, I'd be happy to show you the map in more detail so you can see exactly where things are. Southold Town Planninq Board Pa,qe Ten Auqust 8, 2005 Mark Terry: I guess to further that, properties that have sold development rights on, you cannot locate a parking lot on as well as all the other sort of uses that address a site plan on development rights. Pat Moore: You can't do a winery. Mark Terry: Right. You can't do development rights property. So, the tasting room will never materialize. It's just an impossibility, as far as having sold the development rights on the property. Chairperson Woodhouse: Sir, you would need to just come to the microphone or we can't pick you up on the recorder if you wanted to say something. Peter DiNicola: Sorry about that. Like I said, this is the first time I'm seeing this; I knew nothing about it, just had to get up here and voice my concerns and I guess we will have to straighten out the Assessor's Office for any future variances, hopefully none. What is the nature of this variance? Chairperson Woodhouse: This is a subdivision that enables the parcel to be divided into a number of lots and the large lot is the 22-1/2 acres with the development rights proposed to be sold to the County of Suffolk. So the only thing we are dealing with tonight is that subdivision. There's a big 27.00309-acre parcel that is being reconfigured into three lots: two lots of approximately 40,000' and the large parcel, which is the development rights piece. That's the action that we are discussing tonight. Peter DiNicola: OK. I'm sorry to waste your time, then... Chairperson Woodhouse: It is not a waste of our time. We value your input and we're glad that so many people of the community come out. It'd be pretty lonely up here if we sat here and just talked to ourselves. Thank you so much. Is there anyone else who would like to address the Board on this matter? Frank DiNicola: I also live on Chablis Path. I just want to take exception to Mr. Mudd here. I know he's up on all his farming rules and regulations, but we're here actually just to get some questions answered. We're not as "up" on it as Mr. Mudd is, so I resent the fact that he felt a little impatient with us. That's all I want to say. Thank you. Chairperson Woodhouse: Is there anyone else who would like to address the Board? Yolanda Esposito: We are the neighbors immediately to the east of the Puritas. I just want to address something that the lady who first spoke said; she raised some concerns about the traffic and there's like a small farm stand. I did want to tell the Board that the stand is very much akin to a children's stand; it's not like a big farm stand that causes a lot of traffic. I have children that play in the driveway, we don't find it intrusive, in fact, we find it quite pleasant that the girls are there selling whatever it is that the farm is generating. So, overall the whole agricultural aspect of the subdivision and the preservation I think is very positive for the community. Southold Town Planninq Board Paae Eleven Auqust 8, 2005 Chairperson Woodhouse: Is there anyone else who would like to address the Board? OK. Is there anyone on the Board who has a question or a comment on this application? Hearing none, I will entertain a motion to close the hearing. Bill Cremers: So moved. Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? And the motion is carried. We will correct the actual lot square footage when we retype this. Would you please read the resolution? Martin Sidor: WHEREAS, the applicant proposes to subdivide a 27.0309-acre parcel into 3 lots where Lot 1 equals 40,001 sq. ft.; Lot 2 equals 40,001 sq. ft. and Lot 3 is comprised of a 22.5227-acre Development Rights Sale, a 2.39-acre building envelope and a 65' x 148.68' building envelope in the north of the parcel for an agriculture structure. A 15' utility easement is also proposed over Lot 3; and WHEREAS, the subdivision is a cluster subdivision pursuant to Chapter A-106 of the Southold Town Code; 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, the Town of Southold Board of Trustees issued a letter of non-jurisdiction on August 27, 2003 for the action; and WHEREAS, the Southold Town Planning Board issued a negative declaration pursuant to the State Environmental Quality Review Act for the action on September 8, 2003; and WHEREAS, conditional sketch plan approval was granted on December 9, 2003 for the action; and WHEREAS, the Suffolk County Water Authority issued a letter of water availability on January 14, 2005 for the action; and WHEREAS, the Suffolk County Department of Health Services issued an approval stamp on June 10, 2005 for the action; and WHEREAS, the Planning Board hereby establishes the clearing limit for each lot as follows: Southold Town Plannincl Board Paqe Twelve Auqust 8, 2005 Lot 1 - 50% or 20,000 sq. ft. cleared of total lot area equal to 40,001 sq. ft., and Lot 2 - 50% or 20,000 sq. ft. cleared of total lot area equal to 40,001 sq. ft.; be it therefore RESOLVED, that the 65' x 148.88' building envelope located in the north of Lot 3 be restricted to agricultural use only. Any residential use within the building envelope is prohibited. The occupancy of any structure constructed within the building envelope for living purposes is also prohibited; Bill Cremers: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? This resolution carries. Martin Sidor: and be it further RESOLVED, that the Southold Town Planning Board grant conditional final approval on the maps entitled Cluster Minor Subdivision, dated March 25, 2005, subject to the following conditions. The conditions must be met within six (6) months of the resolution: 1. The submittal of documents indicating that the applicant has closed with the County of Suffolk on the Lot 3 sale of development rights. 2. Submit a draft Covenant and Restrictions with the following clauses as outlined: a. Lot 3 includes1.83 acres of clustered open space upon which no residential development rights exist. b. Indicate the acreage and metes and bounds of the 15' Utility Easement. In addition, specify the use of the easement. c. To satisfy the Town of Southold's SPEDS requirement, add the language "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 Conservation (DEC) under the Phase II State Pollutant Elimination Discharge System (SPEDS) Program. d. Vehicular access to Lots 1 and 2 shall be achieved from Chardonnay Drive only. e. Vehicular access to any future residence within the 2.39-acre building envelope located in the south of Lot 3 shall be achieved from Old North Road only. f. The 65' x 148.88' building envelope located in the north of Lot 3 is restricted to agricultural use only. Any residential use within the building envelope is prohibited. The occupancy of any structure constructed within the building envelope for living purposes is prohibited. Southold Town PlanninQ Board Paqe Thirteen Auqust 8, 2005 g. Include a clause notifying any future lot owners that Lot 3 is subject to ARTICLE XXII, Farmland Bill of Rights [Added 5-27-1997 by L.L. No. 11-1997]§ 100-220. Right to Farm. Of the Southold Town Code. Submit the Park and Playground Fee in the amount of $10,500. This assumes that Lot 1,2 and the 2.39-acre (includes utility easement) building envelope located in the south of Lot 3 could be improved with residential structures. As discussed in the past, if the applicant proposes to eliminate the residential use on the 2.39-acre building envelope within the Covenant and Restrictions, then the amount could be reduced by $3500 to equal $7000. Bill Cremers: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? And this motion carries. Thank you. Hearings Held Over From Previous Meetings: Chairperson Woodhouse: Kanev, LIovd: 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 w/s/o Rocky Point Road, approximately 300' s/o Aquaview Avenue in East Marion. SCTM#1000-21-1.30.1 Is there someone who would like to address the Board on behalf of this application? Abiaail Wickham: Good evening I am representing the Kanevs. I would like to apologize to the Board for being away during the last hearing. In my haste to get away on vacation I did miss three notices of properties across the street, which have since been notified. I just want to very briefly reiterate a few things for the Board. This started as a concept by the Kanevs to facilitate a financing proposal, and they are seeking merely to remove a 2.9-acre parcel on which their residence and accessory buildings are located from the remaining 22-1/2 acres of their property that is vacant. If and when there are any future plans proposed to subdivide the vacant parcel, any issues that might be related to that will be addressed at this time. This is simply, essentially a set-off of the residential parcel from the remaining vacant property. If there are any further questions, I'd be glad to address them. Thank you. Chairperson Woodhouse: Is there anyone else who would like to address the Board on this application? Are there any questions or comments from the Board? Hearing none, I will entertain a motion to close the hearing. Ken Edwards: So moved. Southold Town Plannincl Board Pacle Fourteen Auaust 8, 2005 Martin Sidor. Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? This motion carries. Ken Edwards: I would like to entertain the following motion: 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 WHEREAS, this application was classified as a Standard Subdivision on February 14, 2005; be it therefore RESOLVED, that the Southold Town Planning Board grants conditional preliminary approval upon the plat, dated December 30, 2002 and last revised on November 18, 2003, subject to the following conditions: 1. Submission of the LWRP Coastal Consistency Form. 2. Submission of the Application for Final Plat Approval along with the application fee. 3. Submission of the Park and Playground Fee in the amount of $5,000. 4. Submission of 5 mylar and 8 paper plats with the Suffolk County Department of Health stamp of approval affixed to each sheet. Second the motion. Woodhouse: All in favor? Bill Cremers: Chairperson Ayes. Chairperson Woodhouse: Opposed? This motion carries. Chairperson Woodhouse: Charnews, Daniel & Stel~hanie: This proposal is to subdivide a 23.4004-acre parcel into two lots where Lot 1 equals 3 acres and Lot 2 equals 20.4004 acres. The property is located on the w/s/o Youngs Avenue and the e/s/o Hot,on Lane, approximately 375' south of CR 48 in Southold. SCTM# 63-1-25 We are going to entertain a motion to hold this hearing open. There will be no action taken on this application this evening. Southold Town Planninq Board Paqe Fifteen Au(~ust 8, 2005 Georqe Solomon: So moved. Bill Cremers: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? And the motion carries. CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE- SUBDIVISIONS (Lot Line Changes) Final Determinations: Chairperson Woodhouse: 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 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 Bill Cremers: I will offer the following: WHEREAS, this proposal is to subdivide a 40.56-acre parcel into four lots where Lot 1 equals 99,316 sq. ft., Lot 2 equals 103,823 sq. ft., Lot 3 equals 80,000 sq. ft. and Lot4 equals 34.06 acres upon which the Development Rights on 33.16 acres have been sold to the Town of Southold; and WHEREAS, on June 13, 2005, the Southold Town Planning Board granted conditional final approval upon the plat, dated as revised April 16, 2005; and WHEREAS, the applicant has fulfilled all of the conditions of the aforementioned approval; be it therefore RESOLVED, the Southold Town Planning Board hereby grant final approval upon the plat dated July 28, 2000 and last revised on April 16, 2005. Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? And this motion carries. Southold Town Planninq Board Paqe Sixteen Auqust 8, 2005 Conditional Final Determinations: Chairperson Woodhouse: Lockwood, Lois: Proposal is to reconfigure the common property boundary between two lots where, following the transfer, Parcel 1 equals 52,809 sq. ft. and Parcel 2 equals 63,805 sq. ft. The property is located on the e/s/o North Drive, approximately 477' n/o Bayview Avenue in Mattituck. SCTM#1000-106-6- 26 & 27 Martin Sidor: WHEREAS, this proposal is to reconfigure the common property boundary between two lots where, following the transfer, Parcel 1 equals 52,809 sq. ft. and Parcel 2 equals 63,805 sq. ft.; and WHEREAS, the Zoning Board of Appeals granted the necessary relief for the proposed action on June 9, 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; Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? The motion carries. Martin Sidor: And be it further RESOLVED, that because there is no increase in density and both properties are already improved with single-family residences, the Southold Town Planning Board hereby waives the public hearing for this project; Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion carries. Martin Sidor: And be it further RESOLVED, that the Southold Town Planning Board grant conditional final approval on the surveys, prepared by John C. Ehlers, L.S., dated August 8, 2004 and last revised January 12, 2005, subject to the following conditions: Southold Town Planninq Board Paqe Seventeen Auqust 8, 2005 1. Submission of a permit or letter of non-jurisdiction from the New York State Department of Environmental Conservation and the Town Trustees. 2. Submission of three additional copies of the survey. 3. The filing of new deeds with the Office of the Suffolk County Clerk pertaining to the lot line change and, upon filing, submission of a copy to this office. Chairperson Woodhouse: Zimmer, Frank: 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 n/s/o NYS Route 25, 382.44' e/o Heath Drive in Orient. SCTM#1000-13-2-7.8 WHEREAS, 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; and WHEREAS, the Southold Town Planning Board granted conditional final approval on September 11,2001 and the conditions have not been met; and WHEREAS, the Southold Town Planning Board deemed the application expired by resolution dated February 15, 2005; and WHEREAS, the Southold Town Planning Board finds that this proposal involves a substantial preservation component in the form of a development rights sale to Suffolk County, which occurred prior to the adoption of the new Cha ater A106, Subdivision of Land, of the Southold Town; be it therefore RESOLVED, the Southold Town Planning Board hereby rescinds the resolution of February 15, 2005 and re-issues conditional final approval upon the map dated August 9, 2001, subject to the following conditions: 1. Submission of 5 mylars and 8 paper prints of the final map with the Health Department stamp of approval affixed to each sheet. 2. The installation of the firewell as required by the Orient Fire District or submission of a new determination indicating that no additional fire protection devices are needed. 3. Submission of the filed Covenants and Restrictions. 4. Submission of the Park and Playground Fee of $5,000. 5. Review and approval of the LWRP Coastal Consistency Form. Georqe Solomon: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? And this matter carries. Southold Town Plannincl Board Paqe Eiqhteen Auqust 8, 2005 Setting of Preliminary Hearings: Chairperson Woodhouse: Kaloski, Michael & Irene - This proposal will subdivide a 8.3-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. Following the transfer, SCTM#1000-102-4-7.1 will equal .918 acres. The parcel is located on Alvahs Lane, 2,056 feet n/o Main Road (NYS 25) and s/o Middle Road (CR 48) in Cutchogue. Ken Edwards: I will offer 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, 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 Southold Town Planning Board granted another extension of time for conditional sketch approval until July 12, 2005 by resolution dated February 15, 2005; and WHEREAS, the applicant has requested another extension of time for which to obtain Health Department approval for this project; be it therefore RESOLVED, that the Southold Town Planning Board grants an extension of time from July 12, 2005 until January 12, 2006; Bill Cremers: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That 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 Monday, September 12, 2005, at 6:00 p.m. at the Southold Town Hall. Bill Cremers: Second the motion. Chairperson Woodhouse: All in favor? Southold Town Plannina Board Paqe Nineteen Auqust 8, 2005 Ayes. Chairperson Woodhouse: Opposed? And the motion carries. Sketch Determinations: Chairperson Woodhouse: Claudio, William & Janice: Proposal is to subdivide an 81,913 s.f. parcel into two lots, where Lot 1 equals 40,913 s.f. and Lot 2 equals 41,000 s.f. The property is located at the terminus of Gull Pond Lane in Greenport. SCTM #'s 1000-35-3-12.6 &l 2.7 Bill Cremers: I will offer the following: WHEREAS, this proposal is to subdivide a 81,913 s.f. parcel into two lots, where Lot 1 equals 40,913 s.f. and Lot 2 equals 41,000 s.f.; and WHEREAS, the Zoning Board of Appeals granted the necessary relief for the proposed action on April 14, 2005; and WHEREAS, an application for Sketch Plan Approval was submitted on December 6, 2004; be it therefore RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, performed a coordinated review of this Unlisted Action. The Planning Board establishes itself as lead agency and, as lead agency, makes a determination of non-significance and grants a Negative Declaration; Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion carries. Bill Cremers: And be it further RESOLVED, that the Southold Town Planning Board hereby grants Sketch Approval upon the map dated November 18, 2004 and last revised on November 30, 2004, subject to the following conditions: 1. Submission of a permit or letter of non-jurisdiction from the New York State Department of Environmental Conservation and the Town Trustees. 2. Submission of the LWRP Coastal Consistency Form. 3. Submission of an application for Preliminary Plat Approval and fees. 4. Submission of a letter of water availability from the Suffolk County Water Authority. 5. Submission of the Park and Playground Fee in the amount of $7000. Southold Town Plannina Board Paqe Twenty Auqust 8, 2005 Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? And the motion carries. Chairperson Woodhouse: Krupski Family Ltd. Liabilitv Co.: This proposal is for a standard subdivision to subdivide a 57.4574-acre parcel into two lots where Lot 1 equals 1.4589 acres and Lot 2 equals 55.9985 acres. The property is located on the n/s/o Oregon Road and the s/s/o Sound View Avenue, approximately 1385' east of Saltaire Way in Mattituck. SCTM# 1000-100-2-3 Martin Sidor: WHEREAS, this proposal is for a standard subdivision of a 57.4574-acre parcel into two lots where Lot 1 equals 1.4589 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, 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; Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion carried. Martin Sidor: And be if further RESOLVED, that the Southold Town Planning Board hereby grant Sketch Approval upon the map dated February 24, 2005 and last revised on July 29, 2005, subject to the following conditions: 1. Submission of a permit or letter of non-jurisdiction from the NYS Dept. of Environmental Conservation and the Town Trustees. 2. Submission of the LWRP Coastal Consistency form. 3. Submission of an application for preliminary plat approval and fees. Southold Town Plannina Board Paqe Twenty-One Auqust 8, 2005 4. Submission of draft covenants and restrictions containing the following clauses: To comply with Chapter A-106 future yield calculation requirements. The clustered open space for Lot 1 equals .377 acres and is inclusive and part of Lot 2, which equals 55.99 acres. When determining future parcel yield, the cluster open space shall be subtracted from the Lot 2 parcel area (55.99 acres) as unbuildable lands. To comply with Chapter A-106, required cluster open space requirements for Standard Subdivisions on a parcel equal to or greater than 7 acres. In the event that the parcel is further subdivided, the cluster open space resulting from Lot 1 (.377 acres) shall be contiguous and inclusive of the cumulative total percent of cluster open space required on the parcel. To comply with Chapter A-106 Affordable Housing requirements, in the event the parcel is further subdivided, Lot 2 shall be considered a created lot and shall be included as Lot 1 of any future yield. Therefore, the Affordable Housing requirement shall apply to any proposal of 4 or more created lots for the parcel. 5. Submission of the Park and Playground Fee in the amount of $7,000. This fee is payable prior to the issuance of final approval. Bill Cremers: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? And this motion carries. SITE PLANS Final Determinations: Chairperson Woodhouse: Osl~re¥'s Dominion Conservator: This proposed amended site plan is to alter and expand an existing building of 1,357 sq. ft. to include a first floor addition of 1,350 sq. ft., a new second floor storage area of 438 sq. ft. The total building area after the renovation will be 3,145 sq. ft., which includes a site plan change in parking from 31 spaces to 41 spaces of which 24 spaces will be land banked on a 50.46 acre pamel in the A-C Zone. The property is located on the n/s/o of NYS Road 25 and 1,506' east of Peconic Lane also known as 44075 Main Road, Peconic. SCTM#1000-75-1-20.1 Southold Town Planninq Board Paae Twenty-Two Auqust 8, 2005 Georqe Solomon: WHEREAS, the applicant, Frederick Koehler, proposes to alter and expand an existing building of 1,357 sq. ft. to include a first floor addition of 1,350 sq. ft., and a new second floor storage area of 438 sq. ft. The total building area after the renovation will be 3,145 sq. ft., which includes a site plan change in parking from 31 spaces to 41 spaces of which 24 spaces will be land banked on a 50.46-acre parcel in the A-C Zone; and WHEREAS, Frederick Koehler is the owner of the property; and WHEREAS, on February 15, 2005, the Southold Town Planning Board granted conditional final approval of the site plan prepared and certified by Stanley J. Isaksen, Jr. Land Surveyer, dated December 17, 2003 and last revised August 31, 2004; and WHEREAS, on July 12, 2005, the Suffolk County Department of Health Services (SCDHS) approved the site plan prepared by J. Grammas Consultants, Architects & Engineers, and certified by John A. Grammas, Licensed Professional Engineer, dated September 17, 2003 and last revised June 22, 2005 for the SCDHS, under reference number C10-04-012; and WHEREAS, on July 19, 2005, the applicant has informed the Planning Board that there is no plan to install any new signage on the ground or building and the Planning Board incorporates this in the approval; and WHEREAS, all the requirements of the Site Plan Regulations of the Town of Southold have been met; be it therefore RESOLVED that the Southold Town Planning Board grant final approval on the site plan prepared by J. Grammas Consultants and certified by Carlos E. Cala, Registered Architect, dated December 17, 2003 and last revised August 31,2004 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. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion carries. Chairperson Woodhouse: 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 Southold Town Planninq Board Paqe Twenty-Three Auqust 8, 2005 Bill Cremers: I will offer the following: 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 parcel 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 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 February 15, 2005, the Southold Town Planning Board granted conditional final approval of the site plan prepared and certified by Stanley J. Isaksen, Jr. Land Surveyor, dated August 22, 2003 and last revised February 5, 2005; and WHEREAS, on June 10, 2005, the Suffolk County Dept. of Health Services approved the site plan prepared by Stanley J. Isaksen, Land Surveyor, dated August 22, 2003 and last revised December 21,2004, under reference #C10-04-0005; and WHEREAS, on June 29, 2005, Patricia C. Moore submitted the site plan prepared by Stanley J. Isaksen, Land Surveyor, dated August 22, 2003 and last revised June 21, 2005 for the NYSDEC SPDES General Permit # GP-02-01; and WHEREAS, the following item is incorporated and included in the site plan: The applicant must obtain and maintain a SPDES General Permit (NYR-10H057) for Storm Water Discharges (General Permit Number GP-02-01) from the New York State Department of Environmental Conservation for the construction activities; and WHEREAS, all the requirements of the Site Plan Regulations of the Town of Southold have been met; be it therefore RESOLVED that the Southold Town Planning Board grant final approval on the site plan certified by Stanley J. Isaksen, Jr. Land Surveyor, dated August 22, 2003 and last revised February 3, 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. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? The motion carries. Southold Town Planninq Board Paqe Twenty-Four Auqust 8, 2005 Chairperson Woodhouse: Fishers Island Club Tennis Pavilion: This amended site plan is for a new proposed tennis pavilion of 954 sq. ft. on an 11.92-acre parcel in the R-120 Zone located on the s/s/o East End Road on Fishers Island. SCTM #1000-4-6-9 WHEREAS, the applicant, Fishers Island Club, proposes a new tennis pavilion of 954 sq. ft. on an 11.92-acre parcel in the R-120 Zoning District located on the s/s/o East End Road on Fishers Island, SCTM#1000-4-6-9; and WHEREAS, Fishers Island Development Corporation is the owner of the property; and WHEREAS, on August 10, 2004, the Planning Board granted conditional final approval on the site plan prepared by CME Associates Engineering, Land Surveying & Architecture, PLLC and certified by Richard H. Strouss, Professional Engineer, dated March 12, 2004 and last revised November 19, 2004; and WHEREAS, on July 8, 2005, the Suffolk County Department of Health Services (SCDHS) approved the site plan prepared by CME Associates Engineering, Land Surveying & Architecture, PLLC and certified by Richard H. Strouss, Professional Engineer, dated March 12, 2004 and last revised June 10, 2005 for the SCDHS, under reference number C10-05-0006; and WHEREAS, the following item is incorporated and included in the site plan: All ground and/or building mounted signage be submitted to the Planning Board for review prior to installation. WHEREAS, all the requirements of the Site Plan Regulations of the Town of Southold have been met; be it therefore RESOLVED that the Southold Town Planning Board grant final approval on the site plan prepared by CME Associates Engineering, Land Surveying & Architecture, PLLC and certified by Richard H. Strouss, Professional Engineer, dated March 12, 2004 and last revised June 10, 2005 for the SCDHS and authorize the Chairperson to endorse the final site plans subject to a one-year review from the date of issuance of the building permit. Bill Cremers: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? The motion carries. Southold Town Planninq Board Paqe Twenty-Five Auqust 8, 2005 Conditional Final Extensions: Chairperson Woodhouse: 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 parcel in the RO Zone located at the n/w intersection of NYS Route 25 and Pacific Street in Mattituck. SCTM#1000-142-2-16 Georqe Solomon: WHEREAS, the applicant proposes the 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 located at the n/w intersection of NYS Route 25 and Pacific Street also known as 11535 Main Road in Mattituck SCTM#1000-142-2-16; and WHEREAS, Mr. Francis Kestler is the owner of the property; and WHEREAS, the applicant hereby agrees and understands that if the site plan which receives stamped Health Department approval differs in any way from the proposed conditional site plan on which the Planning Board held a public hearing and voted on, then the Planning Board has the right and option, if the change is material to any of the issues properly before the Planning Board, to hold another public hearing on this "revised" site plan application and rescind or amend its conditional approval; and WHEREAS, on February 14, 2005, the Planning Board granted conditional final approval which expired in six months on August 8, 2005; and WHEREAS, on March 10, 2005, the Southold Town Zoning Board of Appeals reviewed an application for a front yard variance and granted approval under appeal number 5676 and the Planning Board incorporates this in this approval; and WHEREAS, on July 21,2005, the applicant requested an extension of conditional final approval; be it therefore RESOLVED that the Southold Town Planning Board grant an additional six-month extension from August 9, 2005 to February 9, 2006 to the conditional final approval on the site plans 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: Final approval by the Suffolk County Department of Health Services. Bill Cremers: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? And the motion carries. Southold Town Plannincl Board Pacle Twenty-Six Auclust 8, 2005 Chairperson Woodhouse: Sang Lee Farms (amended): This amended site plan is for the construction of a 2,600 sq. ft. enclosed farm stand on a 15.306-acre parcel in the A- C Zone located at 25180 CR 48, approximately 781' e/o Bridge Lane on the s/s/o CR 48 in Cutchogue. SCTM #'s 1000-84-5-1.2 & 1.3 Martin Sidor: WHEREAS, the proposed amended site plan for Sang Lee Farms is for a new 2,600 sq. ft. farm stand on 15.306 acres; and WHEREAS, Fred and Karen Lee are the owners of the property; and WHEREAS, the applicant hereby agrees and understands that if the site plan which receives stamped Health Department approval differs in any way from the proposed conditional site plan on which the Planning Board held a public hearing and voted on, then the Planning Board has the right and option, if the change is material to any of the issues properly before the Planning Board, to hold another public hearing on this "revised" site plan application and rescind or amend its conditional approval; and WHEREAS, on August 9, 2004, the Southold Town Planning Board closed the final public hearing and granted conditional final approval which expired in six months on February 10, 2005; and WHEREAS, the applicant sought to extend the February 10, 2005 conditional final approval to August 8, 2005 and such approval was granted on July 12, 2005; and WHEREAS, the applicant is requesting an additional extension of conditional final approval; be it therefore RESOLVED that the Southold Town Planning Board grant an additional six-month extension from August 8, 2005 to February 8, 2006 to the conditional final approval on the site plan prepared by Samuels and Steelman, dated November 18, 2002 and last revised June 12, 2003, subject to fulfillment of the following condition: - Approval by the Suffolk County Department of Health Services. Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? The motion carries. Southold Town Plannin(~ Board Paqe Twenty-Seven Auqust 8, 2005 Set Hearings: Chairperson Woodhouse: Catal~ano Dairy Farm: This site plan is for the new construction of an 8,250 sq. ft. accessory building for agricultural processing and a 100 sq. ft. farm stand on a 4.998-acre parcel in the A-C Zone located on the n/s/o County Road 48 approximately 360' e/o Mill Road also known as 33705 County Road 48 in Peconic. SCTM#1000-74-2-12.2 WHEREAS, the amended site plan is for new construction of a 8,250 sq. ft. accessory building for agricultural processing and 100 sq. ft. farm stand on 4.998 acres parcel in the A-C Zone located on the n/s/o County Road 48 approximately 360 ' e/o Mill Road also known as 33705 County Road 48 in Peconic. SCTM # 1000-74-2-12.2; be it therefore RESOLVED, that the Southold Town Planning Board set Monday, September 12, 2005, at 6:05 p.m. for a final public hearing on the maps dated March 12, 2005, and revised on August 8, 2005. Martin Sidor: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? The motion carries. Chairperson Woodhouse: North Fork Industrial Park (Foster): This site plan is for a rehandling yard including stockpile of fill, topsoil and mulch for resale to contractors on 3.24 acres parcel in the LI Zone located at the s/e intersection of Commerce Drive and Corporate Drive in Cutchogue. SCTM# 96-1-1.5 Bill Cremers: I will offer the following: WHEREAS, on May 23, 2005, a formal site plan application was submitted for approval proposing a re-handling yard including stockpile of fill, topsoil and mulch for resale to contractors on a 3.24-acre parcel in the LI Zone Located on the s/e intersection of Commerce Drive and Corporate Drive known as 350 Commerce Drive in Cutchogue; and WHEREAS, on July 12, 2005, the Southold Town Planning Board started the lead agency coordination process on this Unlisted Action; be it therefore RESOLVED, that on August 8, 2005, the Southold Town Planning Board, acting under the State Environmental Quality Review Act, pursuant to 6 NYCRR Part 617, Section 617.7, 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; Southold Town Planninq Board Paqe Twent¥-Eiqht August 8, 2005 Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? This motion carries. Bill Cremers: and be it further RESOLVED, that the Southold Town Planning Board set Monday, September 12, 2005, at 6:10 p.m. for a final public hearing on the maps dated May 17, 2005. Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? The motion carries. SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Negative Declarations: Chairperson Woodhouse: North Fork Self Storacle LLC: This site plan is for a mini self-storage facility with 5 buildings of 37,925 sq.ft, on a 3.06-acre parcel in the LI Zone located approximately 370' e/o Depot Lane on the n/s/o County Road 48 in Cutchogue SCTM #1000-96-1-1.4 Ken Edwards: I will offer the following: WHEREAS, the proposed action is for a mini self- storage facility with 5 buildings of 37,925 sq. ft. on a 3.06-acre parcel in the LI Zone located on the n/s/o County Road 48 approximately 370' e/o Depot Lane also known as 50 Commerce Drive in Cutchogue. SCTM #1000-96-1-1.4; and WHEREAS, on April 20, 2005, a formal site plan application was submitted for approval; and WHEREAS, on July 12, 2005 the Southold Town Planning Board started the lead agency coordination process on this Unlisted Action; be it therefore RESOLVED, on August 8, 2005, the Southold Town Planning Board, acting under the State Environmental Quality Review Act, pursuant to 6 NYCRR Part 617, Section 617.7, performed a coordinated review of this unlisted Action. The Planning Board Southold Town Planninq Board Paqe Twenty-Nine Auqust 8, 2005 establishes itself as lead agency and as lead agency, makes a determination of non- significance and grants a Negative Declaration. Bill Cremers: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? The motion carries. OTHER Review Extension: Chairperson Woodhouse: Matt-a-Mar Marina Exl~ansion: This amended site plan is for new boat storage building of 28,480 sq. ft. and new 2 story office of 6,778 sq. ft. on an 8.5-acre parcel in the M-II Zone located on the w/s/o Wickham Avenue approximately 210' n/o Freeman Avenue, known as 2255 Wickham Avenue in Mattituck. SCTM#1000-114-3-1 WHEREAS, the proposed action involves an amended site plan for a new boat storage building of 28,480 sq. ft. and new 2-story office of 6,778 sq. ft. on an 8.5-acre parcel in the M-II Zone located approximately 210' n/o Freeman Avenue on the w/s/o Wickham Avenue, known as 2255 Wickham Avenue, Mattituck, SCTM#1000-114-3-1; and WHEREAS, on March 14, 2005 the Southold Town Planning Board started the lead agency coordination process on this Unlisted Action; and WHEREAS, the Southold Town Planning Board retained Nelson, Pope and Voorhis, LLC to review the Long Environmental Assessment Form for further completeness and potential adverse impacts to Mattituck as a result of the proposed action; and WHEREAS, on July 5, 2005, Nelson Pope and Voorhis, LLC submitted the report titled "Environmental Assessment Review Environmental and Planninq Considerations Matt- A-Mar Marina, LLC Cb.. Mattituck" and recommended a request for additional information to determine significance; and WHEREAS, on August 5, 2005, the applicant's agent requested the determination of significance open pending submission of additional information; and WHEREAS, pursuant to Article 617.13 of the State Environmental Quality Review Act, the applicant will be financially responsible for costs of preparing the Environmental Impact Statement; and Southold Town Planninq Board Paae Thirty Auqust 8, 2005 WHEREAS, the Southold Town Planning Board has established itself as lead agency pursuant to SEQRA; be it therefore RESOLVED that the Southold Town Planning Board, pursuant to Part 617 of the Environmental Conservation Law acting under the State Environmental Quality Review Act, leaves the significance determination open pending submission of supplemental information. Bill Cremers: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion carries. Matt-a-Mar By the Bay: This site plan proposes 17 boat racks storing 9 boats per rack for a total of a 153-boat capacity, 10 wet boat slips, use of an existing restaurant and storage building on a 3.25-acre parcel in the M-II Zone, located on the e/s/o First Street approximately 32' s/o King Street known as 650 First Street in New Suffolk. SCTM# 1000-117-8-18 WHEREAS, the proposed action involves a site plan that proposes 17 boat racks storing 9 boats per rack for a total of 153 boat capacity, 10 wet boat slips, use of an existing restaurant and storage building on a 3.25 acre parcel in the Mil Zone located at e/s/o First Street approximately 32' s/o King Street also known as 650 First Street located in New Suffolk. SCTM# 1000-117-8-18; and WHEREAS, pursuant to NYSCRR Regulations Part 617 (SEQR), on May 11,2005, the Town of Southold Planning Board informed the New York State Department of Environmental Conservation that the Town of Southold Planning Board requested to establish itself as Lead Agency for the proposed action; and WHEREAS, the Southold Town Planning Board retained Nelson, Pope and Voorhis, LLC to review the Long Environmental Assessment Form for further completeness and potential adverse impacts as a result of the proposed action; and WHEREAS, on May 25, 2005, the Town of Southold Planning Board determined that Part 1 of the Environmental Assessment Form was incomplete and informed the agent applicant; and WHEREAS, on July 5, 2005, Nelson Pope and Voorhis, LLC submitted the report titled: "Environmental Assessment Review Environmental and Planninq Considerations Matt-A- Mar Marina LLC ~. New Suffolk" and recommended a request for additional information to determine significance; and Southold Town Planninq Board Paqe Thirty-One Auqust 8, 2005 WHEREAS, on August 5, 2005, the applicant's agent indicated an updated survey is being prepared which may mitigate some comments on the report and the Planning Board agrees to allow additional time for the submission of supplemental information prior to the Southold Town Planning Board issuing a determination of significance; and WHEREAS, pursuant to Article 617.13 of the State Environmental Quality Review Act the applicant will be financially responsible for costs of preparing the Environmental Impact Statement; and WHEREAS, the Southold Town Planning Board has established itself as lead agency pursuant to SEQRA; be it therefore RESOLVED that the Southold Town Planning Board, pursuant to Part 617 of the Environmental Conservation Law acting under the State Environmental Quality Review Act, leaves the significance determination open pending submission of supplemental information. Bill Cremers: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? The motion carries. Chairperson Woodhouse: I will entertain a motion to adjourn. Georqe Solomon: So moved. Bill Cremers: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? The meeting is adjourned. Thank you very much. (inaudible) Chairperson Woodhouse: I am going to open the meeting again. Is there a second? Ken Edwards: I'll second it. Chairperson Woodhouse: All in favor? Southold Town Planninc~ Board Paqe Thirty-Two Auqust 8, 2005 Ayes. Chairperson Woodhouse: Opposed? We are now back in session. Please come forward and give your information. Vicki Toth: I am here on behalf of the property owner. Mr. Krupski is the property owner for this parcel. I thought you would ask if anybody had anything else to add, so I wasn't sure if we were allowed to speak. We just have a question regarding the covenants on this property. Regarding as to why it wouldn't be put into 60% of the property to be held in open space. As a covenant when they're just looking to subdivide it into two parcels, that's it. Chairperson Woodhouse: Mark, did you want to address that issue? Mark Terry: Sure. The covenant is a requirement because you have what you call subdivision open space by creating a parcel under size for the zoning district. It's ,34 acres, so your .$4 acres will be inclusive of, and included with, a 60% cluster requirement of open space. For instance, if you come in for a full yield, your parcel will have to appropriate 60% of cluster open space to the build-out. So, 40% will be built with homes and lots and roads, and 60% would be open space because it's a clustered lot. Do you follow me so far? Vicki Toth: The existing house, OK, they made that ..... Mark Terry: What that does, it says that you have .34 acres of subdivision open space; in the event that you subdivide in the future, that .34 acres will be inclusive of and calculated towards the 60% requirement. Vicki Toth: Is that because the parcel they are leaving, the existing house you're saying should be a minimum of .34 acres? Mark Terry: No. I'm saying that you have .34 acres of subdivision open space. It means that if you created a lot of 1.7 acres, you could have created a 2-acre lot, but for whatever reason it's a 1.7-acre lot. Therefore, you have what we call cluster open space of .34 acres. There is a law or there's a section of the Code, A106, which mandates that you have to have 60% of subdivision open space in the event that you do a full yield subdivision. Your property could change in the future. So what the Planning Board is trying to do is take that .34 acres and make sure that it's cumulatively added to the 60% if and when you ever come in with a standard subdivision. Mr. Krupski: Yes, but if I did come back to the Board I would have to go through this and then at that point I would have to preserve 60%, correct? Right now what I'm trying to do is subdivide a farmhouse from a larger parcel so I can build a home for myself to live in. Southold Town Planninq Board Pacle Thirty-Three Auqust 6, 2005 Chairperson Woodhouse: This is not going to affect that part of what you are trying to do. This is in the future. If you choose to subdivide, this acreage will be included in that 60% figure. So you can't subdivide now, and then next time have a whole piece and want to reserve less than the 60%. Mark Terry: Right. Chairperson Woodhouse: You can't keep subdividing and subdividing and putting aside 60%; it's cumulative for any subdivision action that takes place on your property. This in no way will affect what you are doing now; this affects the future. Mr. Krupski: That's what I'm saying: I'm agreeing to something now that may impact me in the future, right? Chairperson Woodhouse: You need to do it this way according to our Code. Mark Terry: So, what I did advise you out in the hallway is that you put some way to amend your Covenants & Restrictions in the fact that the code changes in the future and we go to 50%/70%, I don't know. So a majority +1 of the Planning Board, somewhere down the line, may be able to amend your Covenants & Restrictions to update or run with the Code. In fact, I don't even know if it's prudent to put the 60% number in there. I think maybe we will revisit that, and just say that the .34 will be committed to subdivision open space in the event that you further subdivide in the future. Chairperson Woodhouse: Right, and remove that 60%. Is that OK? Vicki Toth: OK, all right, sure. Bill Cremers: That's what we should do, that makes sense. You still should use the total acreage for the whole lot. Vicki Toth: That's what we understood was going to happen. That it's going to be used as the whole acreage. They weren't going to put in 60%. That way, if things change, we don't have to do a majority +1. Mark Tern/: That's true. Vicki Toth: It's much easier. Mark Terry: I will talk to Anthony and have him amend it, or I will amend it. Vicki Toth: I'm going to submit to him the letter with the survey to use without that yield information on it. Mr. Krupski: New surveys. Southold Town Planninq Board Paqe Thirty-Four Auqust 8, 2005 Mark Terry: Yes. That's fine. Vicki Toth: Thank you very much. Chairperson Woodhouse: Is there anyone else who would like to address the Board? Ken Edwards: I make the motion we adjourn again. Bill Cremers: Second. Chairperson Woodhouse: All in favor?. Ayes. Chairperson Woodhouse: Opposed? We are again adjourned. Thank you. There being no further business to come before the Board, the meeting was adjourned at 7:10 p.m. Respectfully Submitted: .,/J/erilyn B. ~/Voodhouse, Chairperson