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HomeMy WebLinkAboutPB-04/10/2006 KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND MAIUNG ADDRESS: P.O. Box 1179 Southold, NY 11971 PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair OFFICE WCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) SouthoId, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD PUBLIC MEETING MINUTES HCElV_D Monday, April 10, 2006 6:00 p.m. 1. I ! f' 1 r::. " " ~, ,... lie" :J iV.Jo Present were: Jerilyn B. Woodhouse, Chairperson Kenneth L. Edwards, Member Martin H. Sidor, Member Joseph L. Townsend, Member Amy Ford, Senior Planner Mark Terry, Senior Environmental Planner Anthony Trezza, Senior Planner Linda Randolph, Secretary S .r ., t "'f'.i'''U (,..11 Clerk SETTING OF THE NEXT PLANNING BOARD MEETING Chairperson Woodhouse: Good evening and welcome to the April 1 0 meeting of the Southold Town Planning Board. For our first order of business, I'll entertain a motion to set Monday, May 8, 2006 at 6:00 p.m. here at Southold Town Hall, Main Road, Southold, as the time and the place for the next regular Planning Board Meeting. Mr. Edwards: So moved. Martin Sidor: Second. Chairperson Woodhouse:. All in favor? Ayes: Ms. Woodhouse, Mr.Townsend, Mr. Edwards, Mr. Sidor. Chairperson Woodhouse: Opposed? That motion carries. PUBLIC HEARINGS 6:00 p.m. - Premium Wine Group: This amended site plan includes a new building of 5,384 sq.ft. added to the existing two buildings of 20,585 sq.ft. on a 3.563-acre parcel in the LB Zone located on the nlslo of County Road 48 at the nlw intersection of CR 48 and Cox Neck Lane known as 35 Cox Neck Road in Maltituck. SCTM# 1000-121-6-1 Southold Town Planninq Board Paqe Two April 10, 2006 Chairperson Woodhouse: Is there anyone here who would like to speak on behalf of this application? Nancy Steelman: I am with Samuels & Steelman Architects. I am here for any questions, any concerns that you would like to address. Chairperson Woodhouse: Is there anyone here who has a question? Anyone in the audience? Anybody here? No comments, no questions; hearing none, I will entertain a motion to close the hearing. Ken Edwards: So moved. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? And that motion carries. Mr. Edwards, would you please read the resolution? Ken Edwards: I would like to entertain the following resolution: WHEREAS, the amended site plan is for the new building addition of 5,384 sq. ft. added to the existing two buildings 20,585 sq. ft. on a 3.563-acre parcel in the LB Zone located on the n/s/o of County Road 48 at the n/w intersection of CR 48 and Cox Neck Lane known as 35 Cox Neck Lane in Mattituck, SCTM 1000-121-6-1; and WHEREAS, Premium Wine Holdings LLC is the owner of the property located on the n/s/o of County Road 48 at the n/w intersection of CR 48 and Cox Neck Lane known as 35 Cox Neck Lane in Mattituck; and WHEREAS, on October 6, 2005, the agent, Nancy Steelman, submitted an amended formal site plan for approval; and WHEREAS, on November 10, 2005, the Mattituck Fire District responded no additional fire wells would be necessary; and WHEREAS, on November 25, 2005, the Suffolk County Department of Planning responded after review and determined this matter is for "local determination as there appears to be no significant county-wide or inter-community impact(s)" and the Planning Board accepts this pursuant to 239L & M General Municipal Law; and WHEREAS, on December 1, 2005, the Architectural Review Committee reviewed the architectural drawings and associated site plan materials and approved the application; and WHEREAS, on December 1, 2005, the Southold Town Zoning Board of Appeals granted a Variance described under Appeal Number 5784 allowing a 60' wide by 87' deep one-story addition connecting the two separate existing buildings; and Southold Town Planninq Board Paqe Three April 10. 2006 WHEREAS, on December 23, 2005, the Suffolk County Department of Public Works responded after review and determined a permit would not be necessary; and WHEREAS, on February 6, 2006, the Southold Town Engineer reviewed the amended site plan materials and approved the proposed drainage with comments and the Planning Board incorporates his recommendations in this site plan; and WHEREAS, on March 6, 2006, the South old Town Building Inspector reviewed and certified the amended site plan for "Winery" use; and WHEREAS, on March 13, 2006, the Southold Town Planning Board, acting under the State Environmental Quality Review Act, pursuant to 6 NYCRR Part 617.7, initiated the SEQR lead agency coordination process for this unlisted action; and WHEREAS, on March 22, 2006, the Suffolk County Water Authority responded with no objection to the Town of Southold Planning Board assuming Lead Agency for the above referenced project. The following water conservation measures were recommended by the SCW A: 1. Permitting the irrigation of only 15% of the area of any single lot. 2. Usage of low-flow toilets and plumbing. 3. Adopting methods to reduce the potential of degraded water from recharging to the aquifer. This could include limits on the amount of fertilizer dependent vegetation maintained on a lot. WHEREAS, on April 3, 2006, the Southold Town Engineer reviewed the amended site plan materials and approved the proposed drainage and the Planning Board incorporates his recommendations in this amended site plan; and WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has received affidavits that the applicant has complied with the notification provisions; and WHEREAS, the following three (3) items shall be required: 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 town code requirements. 2. The applicant must obtain a SPDES General Permit (NYR-10H057) for Storm Water Discharges (General Permit Number GP-02-01) from the New York State Department of Environmental Conservation for the construction activities. 3. Existing sign lighting be removed and replaced with down lighting to eliminate any stray glare; and WHEREAS, on April 7, 2006, the Planning Board has received any comments or objections to the proposed action; therefore be it Southold Town Planninq Board Paqe Four April 10. 2006 RESOLVED, that on April 1 0, 2006, 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; Chairperson Woodhouse: Do I hear a second? Joseph Townsend: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That resolution carries. Ken Edwards: and be it further RESOLVED, that pursuant to Southold Town Code 100-254 Part 1, the applicant agrees to incorporate all the requirements, comments, and recommendations of each reviewing agency as referenced above and as indicated on the site plan and corresponding attachments; Chairperson Woodhouse: Second. All in favor? Ayes. Chairperson Woodhouse: Opposed? Carried. Ken Edwards: And be it further RESOLVED, that the Southold Town Planning Board has reviewed the proposed action under the policies of the Town of Southold Local Waterfront Revitalization Program and has determined that the action is consistent provided that the best management practices outlined in the December 29,2005 memo prepared by the LWRP Coordinator are implemented; Martin Sidor: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? Carried; please continue. Ken Edwards: and be it further RESOLVED, that the Southold Town Planning Board grant approval on the amended site plan prepared by Nancy Steelman of Samuels & Steelman Architects dated September 29, 2005 and last revised March 3, 2006, and a set of architectural plans prepared and certified by Samuels & Steelman Architects dated September 29, 2005 and authorize the Chairperson to endorse the site plans with the following conditions: Southold Town Planninq Board Paqe Five April 10. 2006 1. The owner, agent andlor applicant shall receive approval from the Suffolk County Department of Health Services for the approved construction and submit such approval to the Southold Town Planning Department for review. If such approval varies from this approved amended site plan, the Planning Board reserves the right to the review of a new and amended site plan application. 2. The site plan approval requires that all work proposed on the site plan shall be completed within three (3) years from the date of this resolution. 3. Prior to the request for the Certificate of Occupancy, the owner or authorized agent must request the said Building Inspector and the Planning Board to perform an on-site inspection to find the site improvements are in conformity with the approved amended site plan. 4. If the as-built site improvements vary from the approved amended site plan, the Planning Board reserves the right to request a certified as-built site plan detailing all the changes. 5. Any changes from the approved amended site plan shall require Planning Board approval, and any such changes without Planning Board approval will be subject to referral to the Town Attorney's Office for possible legal action. Chairperson Woodhouse: Is there a second? Joseph Townsend: I'll second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? And that carries. Thank you. ******************************** Hearings Held Over From Previous Meetings: 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, approximately 375' south of CR 48 in Southold. SCTM#1000-63-1-25 Chairperson Woodhouse: I am going to entertain a resolution to continue to hold this hearing open. Ken Edwards: I move that the hearing be held open. Joseph Townsend: Second. Southold Town Planninq Board Paqe Six April 10. 2006 Chairperson Woodhouse: All in favor? Aves. Chairperson Woodhouse: Opposed? The hearing is held over. ******************************************* Baxter. Mark: This proposal is to subdivide a 6.7898-acre parcel into 2 lots where Lot 1 equals 4.4417 acres and Lot 2 equals 2.3841 acres. The property is located on the nlslo Main Bayview Road, approximately 325' elo Smith Drive South in Southold. SCTM#'s 1000-78-7- 5.3 & 5.4 Chairperson Woodhouse: We are going to be voting on a resolution to continue to keep this open. Is there anyone here who would like to address the Board on this application? Wavne Swiatocha: The first thing I'd like to do is read a letter from the attorney from Twomey Latham Shea Kelley and Dubin into the record: "Dear Chairperson Woodhouse and members of the Board: This firm has recently been retained by Ms. Paula Ohlmann and Emily and Paul Carosotto who reside on Main Bayview Road adjacent to the proposed subdivision of Mark Baxter. Our clients would like to retain an environmental consultant to determine the location of the wetlands in this area. We therefore respectfully request that the record in this matter be kept open for an additional thirty days to allow our clients to submit their consultant's report. Thank you for your courtesies. Very truly yours, David M. Dubin." We are in the process of hiring a wetlands expert from Greenman & Peterson in Babylon. Other things that I've looked into: I went and talked to the DEC about this matter because there is a DEC permit on this. I submitted a packet to the DEC. They are basically; they made some comments on it basically saying that when it comes up for a residential permit, this will all be reviewed again. The person I submitted this to, however, wasn't too happy with those comments, and she is resubmitting that to her supervisor. I have also spoke with Peconic Estuary and Wastewater Management. They are going to be bringing in the engineer who designed the sewage system. They want him to explain exactly how he is going to do the sewage system. So, that is also in the works. But what I will say is: everyone I've spoken to about this, whether it be the DEC, the Peconic Estuary, whatever, they pretty much say to me: what is the Planning Board doing on this? They say the Planning Board should be able to have more stringent guidelines than what we're setting forth. So, they were kind of saying, well, the Planning Board should be able to make a decision on this. So, I just kind of wanted to relay that that's the message that I'm being given by them. But both agencies are looking into this subdivision and we're going to have a wetlands expert I guess take a look at the land. Chairperson Woodhouse: Thank you. Is there anyone else who would like to address the Board on this application? Southold Town Planninq Board Paqe Seven April 10, 2006 Paul Carosotto: In speaking to the attorney, one question he asked which was very obvious on the survey, is that nothing looked north. Now he's showing from his proposed building plot, 15' to the nearest property. Now I'd just like to know what the Town ruling is as far as property lines: is it 30' or 15'? Anthonv Trezza: You mean building setbacks? Paul Carosotto: Yes. Anthonv Trezza: I don't know the building setbacks offhand; there could be a minimum, if it's deemed a side yard it could be as low as 15' on one side, it's possible, on one side. Paul Carosotto: Because that was one of the problems; the attorney looked at that survey and said "this doesn't look right for 15', normally it's 3D'." Of course, if it is 15' then he's gonna have to go for a variance. I mean, if it's 30' he'll have to go for a variance and if it is 3D' and he pushes it over, then he's into the wetlands by 100' and, according to the Town wetlands law, it has to be 1 DO' from wetlands. So, that was a concern of his. Thank you very much. Chairperson Woodhouse: Thank you. Would anybody else like to address the Board? Janet Auer: I did write a letter and, as you know, I am concerned over a home being built back there. I just want to say again that I would hope that it doesn't go through. I do have two children with cystic fibrosis, and I would be very concerned if my basement started to flood continually. It would be a health hazard for my children, and also for my neighbor because she has well water. We're all in the same situation, so I just wanted to voice my opinion that I'm just concerned and hopefully this won't go through and Mr. Baxter won't be allowed to put a house back there. That's it. Thank you. Chairperson Woodhouse: Thank you. Is there anyone else who would like to address the Board? Hearing none, I will entertain a motion to; we are going to continue to hold this open. Ken Edwards: I'd like to make a motion to hold the Mark Baxter Subdivision Hearing open. Martin Sidor: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? And the motion carries. We will continue to hold it open, we are also waiting for more reports to come in. Thank you. ************************************** Southold Town Planninq Board Paqe Eiqht April 10. 2006 Hearings Closed: Pending Decision: Ehrlich. Robert: This site plan is for alteration of an existing 1,929 sq.ft. two (2) story single family dwelling into a 572 sq. ft. and 941 sq. ft. of storage and 416 sq.ft. of miscellaneous space for art, antique and auction gallery use on a .28-acre parcel in the B Zone located at the s/w corner of NYS Road 25 and Village Lane in Orient. SCTM# 1000-18-5-5 Chairperson Woodhouse: This is a determination on a hearing that was closed at the last meeting. I will ask Mr. Townsend to please read into the record the decision. Joseph Townsend: I'm going to read the entire decision because there has been so much interest in this application and so much submitted over the last year or so. Can you hear me? WHEREAS, the applicant and owner, Robert Ehrlich, proposes an amended site plan on a .28-acre parcel in the B District located at the s/w corner of NYS Road 25 and Village Lane, known as 22540 Main Road in Orient, SCTM# 1000-18-5-5; and WHEREAS, the proposed site plan involves an alteration of an existing 1,929 sq. ft. two-story single family dwelling into 572 sq. ft. sales area and 941s.f. of storage and 416 sq. ft. of hall/stair/bath space with a stated proposed use as "Antiques - Auction Gallery - Arts and Crafts" with a stated proposed accessory "dry use of retail/storage" on a .28-acre parcel in the B Zone; and WHEREAS, on February 9,2005, the agent, Patricia C. Moore, Esq., Attorney, submitted an initial formal site plan application for approval; and WHEREAS, on March 25, 2005, the Southold Town Planning Board held a Work Session, determining the site plan was incomplete and did not meet the minimum Town Code Requirements as submitted and authorized a letter to be sent to the agent Patricia Moore, Esq. indicating that the site plan application is on hold pending submission of revisions; and WHEREAS, on April 18, 2005, the Southold Town Planning Board held a Work Session to review the revised site plan material submitted on April 12, 2005, determining the site plan documents were incomplete and did not meet the minimum Town Code Requirements as submitted and authorized a letter to be sent to the agent Patricia Moore, Esq. indicating that the site plan application is on hold pending submission of revisions, that the Planning Board requires submission of all site plan "distance dimensions, building total square foot, breakout use for retail and indicating the use of the balance of the building with clarification of the square foot per floor location uses of the entire building in current use and future use"; and WHEREAS, on June 20, 2005, the Southold Town Planning Board held a Work Session to review the revised site plan material submitted on May 10, 2005, determining the site plan documents were incomplete and did not meet the minimum Town Code Requirements of section 100-213 Buffer Requirements for the B Zoning District as submitted and authorized a letter to be sent to the agent Patricia Moore, Esq. indicating that the site plan application is on hold pending submission of revisions; and Southold Town Planninq Board Paqe Nine April 10. 2006 WHEREAS, on July 25,2005, the Southold Town Planning Board held a Work Session to review the revised site plan material submitted on June 29 & July 5, 2005, determining the site plan was incomplete and did not meet the minimum Town Code Requirements as submitted and authorized a letter to be sent to the agent Patricia Moore, Esq. indicating that the site plan application will require submission of noted revisions; and WHEREAS, on September 20, 2005, the Suffolk County Department of Health Services reviewed and approved a "Dry Retail and Storage Use" under Permit Number C10-02-0016 in accordance and subject to Board of Review determination dated May, 20, 2005 and bound by the Declaration of Covenants and Restrictions dated July 13, 2005; and WHEREAS, on September 26, 2005, the Southold Town Planning Board held a Work Session to review the revised site plan materials submitted on August 19 & 24, 2005 and the Planning Board voted to accept the application to start the site plan referral process, subject to compliance with the Town Code, including compliance with Town Code Section 100-213 for the zoning district B providing the maximum buffer with the residential uses abutting the site; and WHEREAS, on October 7,2005, the New York State Department of Transportation reviewed and approved the site plan under Permit Number 05-074P; and WHEREAS, on October 13, 2005, the applicant's agent responded by letter and the Southold Town Planning Board held a Work Session on October 13 to review the information in the letter, determining that additional site plan information is still required to be submitted as the site plan is not compliant with minimum Town Code Section 100-213 for the zoning district B and authorized a letter to be sent to the agent Patricia Moore, Esq. indicating that the site plan must address this important issue; and WHEREAS, on November 21, 2005, the Orient Fire District responded with the recommendation that the Board of Fire Commissioners have no additional requirements for fire access and the Planning Board has accepted the Fire District's recommendation; and WHEREAS, on January 9, 2006, the Suffolk County Department of Planning responded after review and determined that this matter is for "local determination as there appears to be no significant county-wide or inter-community impact(s)" and the Planning Board accepts this pursuant to 239L & M General Municipal Law; and WHEREAS, on February 14, 2006, the Southold Town Planning Board, acting under the State Environmental Quality Review Act (6 NYCRR), Part 617.5 c (7), makes a determination that the proposed action is a Type II and not subject to review; 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, on March 13,2006, the Southold Town Planning Board held a public hearing on the application; and Southold Town Planninq Board Paqe Ten April 10. 2006 WHEREAS, the Southold Town Planning Board has received a copy of the recorded Declaration of Covenants and Restrictions dated February 23, 2006 for the future cross-over access to the property directly west of the subject property; IT IS HEREBY RESOLVED, that the Southold Town Planning Board denies the application for site plan approval dated February 2, 2006, floor plan dated February 3, 2006, and truck turn- around layout plan dated February 3, 2006 prepared and certified by Michael Mapes, Professional Engineer for the following reasons: 1) Pursuant to Town Code Section 100-213 "Transition buffer area", the Planning Board, in its discretion, determines that a 25' minimum buffer is necessary to protect the abutting residential properties due to the uniqueness of the subject property, its close proximity to the surrounding properties and the expected deleterious effects of retail activities on this rural village area. This required minimum buffer area is not depicted on the proposed site plan dated February 2, 2006, nor does the buffer proposed by the applicant satisfy these concerns. Because of the unique shape of the affected parcels, the neighboring property to the south shares 3 property lines with the subject parcel, with structures .5' from the property line. The property to the east is configured such that it conjoins with the subject parcel, sharing boundaries on two (2) contiguous sides, with structures within approximately 20' of the subject property. It is the Planning Board's determination that the proposed double row of 5'-6' Leyland Cypress Hedge will not "provide privacy from noise, headlight glare and visual intrusion to the neighboring properties" as required by Town Code Section 100-213. 2) Pursuant to Town Code Section 100-251, the Planning Board further finds that the proposed site plan change of existing use and location of parking areas will not "Protect the established character and value of the adjoining properties, both public and private, and of the neighborhood in which they are located" as required by Section 100-251 B. 3) The agent, for the applicant, through testimony in the public hearing on March 13, 2006, has admitted that the proposed use is in actuality a "gift shop" dedicated to typical retail sales, as opposed to the "Antiques, Auction Gallery, Arts & Crafts and accessory retail/storage" use as listed on the site plan application. As per Town Code 100-191, parking calculations for a gift shop would be based on the retail shop requirements which calls for "at least 1 parking space per 200 feet of gross floor area" in "order to minimize traffic congestion, air pollution and the risk of motor vehicle and pedestrian accidents and to address aesthetic considerations "as per Town Code 100-190: Purpose. The gross floor area, as indicated within this proposed site plan application, requires a minimum of 10 parking spaces, double the 5 proposed spaces as depicted on the applicant's plan dated February 2, 2006. Chairperson Woodhouse: Is there a second to that resolution? Ken Edwards: Second. Chairperson Woodhouse: All in favor? Let me take a roll call, please. Southold Town Planninq Board Paqe Eleven April 10, 2006 Aves: Board Members Edwards, Townsend, Woodhouse. No: Board Member Martin Sidor. Chairperson Woodhouse: This motion carries: three in favor and one opposed. This concludes the hearing section of our agenda for the evening. ************************************* CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE- SUBDIVISIONS (Lot Line Changes) Setting of Preliminary Hearings: Cleaves Point Manor: Proposal is to subdivide a 4.04-acre parcel into four (4) lots where Lot 1 equals 44,004 s.f., Lot 2 equals 44,004 s.f., Lot 3 equals 44,004 s.f. and Lot 4 equals 44,004 s.f. in the R-40 Zoning District. The property is located on the wlslo Shipyard Lane, approximately 173' slo Gus Drive in East Marion. SCTM# 1000-38-7-9 Chairperson Woodhouse: WHEREAS this proposal is to subdivide a 4.04-acre parcel into four (4) lots where Lot 1 equals 44,004 s.f., Lot 2 equals 44,004 s.f., Lot 3 equals 44,004 s.f. and Lot 4 equals 44,004 s.f. in the R-40 Zoning District.; and WHEREAS on December 12, 2005, the Southold Town Planning Board granted conditional sketch approval upon the map prepared by John T. Metzger, L.S. dated May 21,2005 and last revised July 29, 2005; and WHEREAS on March 16,2006, the applicant submitted an Application for Preliminary Plat Approval and the preliminary map prepared by John T. Metzger, L.S. dated May 21,2005 and last revised March 1, 2006: be it therefore RESOLVED, that the Southold Town Planning Board set Monday May 8,2006 at 6:00 p.m. for a preliminary public hearing on the maps prepared by John T. Metzger, L.S. dated May 21, 2005 and last revised March 1, 2006. Chairperson Woodhouse: Is there a second? Ken Edwards: Second. Chairperson Woodhouse: All in favor? Chairperson Woodhouse: Opposed? That motion carries. ******************************************* Southold Town Planninq Board Paqe Twelve April 10. 2006 Conditional Sketch Determinations: Savits. Barrv: This proposal is to subdivide a 12.454 acre parcel into three lots, where Lot 1 equals 1.23 acres, Lot 2 equals 1.034 acres and Lot 3 equals 10.19 acres, inclusive of a .73- acre building envelope and 7.854 acres of subdivision open space. The property is located on the e/s/o Sound View Avenue, approximately 932 feet n/o Mill Road in Peconic. SCTM#1000- 68-4-16.1 Martin Sidor: WHEREAS, this proposal is to subdivide a 12.454 acre parcel into three lots, where Lot 1 equals 1.23 acres, Lot 2 equals 1.034 acres and Lot 3 equals 10.19 acres, inclusive of a .73-acre building envelope and 7.854 acres of subdivision open space; and WHEREAS, on February 14, 2005, the previously submitted application was reclassified as a Standard Subdivision and was required to be resubmitted in conformance with Chapter A106: Subdivision of Land of the Code of the Town of Southold; and WHEREAS, an application for sketch approval was re-submitted to the Planning Board on March 9, 2006; WHEREAS, the applicant submitted a sketch plan prepared by Stanley J. Isaksen, Jr. dated August 12, 1999 and last revised on November 3, 2005; and WHEREAS, the applicant has requested that the Planning board Credit the $2,900 in previously paid fees towards this application; be it therefore RESOLVED, that the Southold Town Planning Board start the SEOR lead agency coordination process for this unlisted action; Chairperson Woodhouse: Second. All in favor? Ayes. Chairperson Woodhouse: Opposed? Motion carries. Martin Sidor: and be it further RESOLVED, that the Southold Town Planning Board hereby credits the $2,900 in previously paid application fees towards the new application; Chairperson Woodhouse: Is there a second? Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? Motion carries. Southold Town Planninq Board Paqe Thirteen April 10. 2006 Martin Sidor: and be it further RESOLVED, that the Southold Town Planning Board accepts the proposed yield of three lots based on the size of the parcel and the area of unbuildable lands; Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? Motion carries. Please continue. Martin Sidor: and be it further RESOLVED, that the Southold Town Planning Board finds that this proposal is not subject to the affordable housing requirements pursuant to 9A106-11 (B)(c) of the Southold Town Code; Ken Edwards: I second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? Motion carries. and be it further RESOLVED, that the Southold Town Planning Board hereby grant Sketch Approval upon map prepared by Stanley J. Isaksen, Jr. dated August 12, 1999 and last revised on November 3, 2005, subject to the following conditions: 1. Submission of the completed Application for Preliminary Plat Approval along with an additional application fee of $1 00. The preliminary map shall contain the following revisions: a. The title of the map shall read "Standard Subdivision for the Property of Barry Savits." b. Provide the clearing amounts for each of the lots pursuant to Section A 1 06-56(C) of the Southold Town Code. c. The building envelope on Lot 3 must be a dashed line. In addition, remove the term "building buffer line" from the map. d. Show the 100' wetland setback lines. e. Provide the FEMA Flood Zone data. f. Show building envelopes on Lots 1 and 2. Use the nonconforming setbacks pursuant to Section 1 00-244(B) of the Southold Town Code. g. The proposed horse corral should be relocated to be at least 100' from all wetlands. 2. Submission of a Phase 1 Archaeological Survey. Southold Town Planninq Board Paqe Fourteen April 10. 2006 3. Submission of a NYSDEC Freshwater Wetlands Permit and permit or letter of non-jurisdiction from the Town Trustees. 4. Submission of a draft Agricultural Easement for the open space area pursuant to SA106-49(c) of the Town Code. This document will be reviewed by the Planning Board and referred to the Town Attorney for approval. 5. LWRP Coastal Consistency Review by the Town of Southold. 6. Submission of draft Covenants and Restrictions containing the following clauses: a. Indicate the amount of clearing for each of the lots pursuant to SA 106-56 of the Town Code. b. No further subdivision of any of the lots on the approved subdivision map, in perpetuity. c. No changes to any of the lot lines without Planning Board approval. d. Lots 1, 2 and 3 are subject to a 50'-wide non-disturbance buffer as shown on the approved map. No clearing or grading within said 50' buffer shall be permitted with the exception of the driveways as shown on the approved map. e. All storm water runoff resulting from the development of any of the lots on the subdivision map shall be retained on site and shall be the responsibility of each property owner. f. Access to Lot 1 shall be from a private driveway off Sound View Avenue as shown on the approved map. The location of the driveway shall be staked by the surveyor prior to the issuance of building permits for the site. g. Access to Lots 2 and 3 shall be from the common driveway as shown on the approved map, a portion of which currently provides access to the existing residence. h. No residential structures shall be permitted on Lot 3, except within the building envelope as shown on the approved subdivision map. i. By this Declaration, future residents of the lots that comprise the subdivision are advised that the lots may be subject to the noise, dust, and odors normally associated with agricultural activities pursuant to Article XXII, Farmland Bill of Rights, of the Southold Town Code. j. Prior to any construction activity, the project will require a General Permit for the storm water runoff from construction activity (GP-02-01) administered by the New York State Department of Environmental Conservation under Phase II State Pollutant Discharge Elimination System. 7. Submission of the park and playground fee in the amount of $14,000 ($7,000 per new lot created). Chairperson Woodhouse: Is there a second? Southold Town Planninq Board Paqe Fifteen April 10. 2006 Ken Edwards: I second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? And that motion carries. Thank you. *************************************** CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE- SUBDIVISIONS (Lot Line Changes) - STATE ENVIRONMENTAL QUALITY REVIEW ACT Determinations: Sullivan. Carol: This proposal is to subdivide a 9.33-acre parcel into two lots where Lot 1 equals 8.87 acres and Lot 2 equals .46 acre in the R-40 and R-80 Zoning Districts. The property is located on the slslo Sound Avenue, approximately 799' wlo Factory Avenue in Mattituck. SCTM#1000-122-2-24.1 Ken Edwards: WHEREAS, this proposal is to subdivide a 9.33-acre parcel into two lots where Lot 1 equals 8.87 acres and Lot 2 equals .46 acre in the R-40 and R-80 Zoning Districts; and WHEREAS, an application for sketch approval was submitted on December 20, 2005; and WHEREAS, the Southold Town Planning Board initiated the SEQRA lead agency coordination for this project on February 13, 2006: and WHEREAS, on February 13, 2006, the Southold Town Planning Board granted conditional sketch upon the map prepared by John C. Ehlers, L.S. dated June 3, 2005 and last revised September 15, 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, establishes itself as lead agency for the unlisted action and, as lead agency, grants a Negative Declaration for the proposed action. Ken Edwards: I second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? And that motion carries. Thank you. Southold Town Planninq Board Paqe Sixteen April 10. 2006 SITE PLANS Conditional Final Extensions: CutchoQue Harbor Marina: This proposed site plan is for an existing marina to include 18,029 sq. ft. of existing buildings, 120 existing boat slips, 92 existing parking spaces, 4 buildings including 1 apartment, 1 single family dwelling, office, bathroom and accessory building on a 3.9-acre parcel in the MI Zone located at the intersection of West Road and West Creek Avenue, on the w/s/o West Creek Avenue in Cutchogue. SCTM#1000-110-1-12 Chairperson Woodhouse: I will entertain a motion to grant an additional six-month extension on the proposed site plan for Cutchogue Harbor Marina. Joseph Townsend: WHEREAS, the applicant proposes a site plan for an existing marina to include 18,029 sq. ft. of existing buildings, 120 existing boat slips, 92 existing parking spaces, 4 buildings including 1 apartment, 1 single family dwelling, office, bathroom and accessory building on a 3.9 acre parcel in the Ml Zone; and WHEREAS, Cutchogue Harbor Marina, Inc. is the owner of the property located at the intersection of West Road and West Creek Avenue, on the w/s/o West Creek Avenue, in Cutchogue, SCTM#1 000-11 0-1; and WHEREAS, on October 5, 2004, the Planning Board granted conditional final approval which expired in six months on April 4, 2005; and WHEREAS, on July 12, 2005, the Planning Board granted a six month extension to the conditional final approval which expired on October 4, 2005; and WHEREAS, on October 3, 2005, the applicant requested that the Planning Board consider granting an extension to the conditional final approval; and WHEREAS, on March 6, 2006, the applicant requested that the Planning Board consider granting an extension to the conditional final approval; and be it therefore RESOLVED, that the Southold Town Planning Board grant an additional six-month extension from April 1 0, 2006 to October 10, 2006 to the conditional final approval on the site plans prepared and certified by John T. Metzger, Surveyor, dated October 30, 2003 and last revised September 15, 2004, subject to fulfillment of the following requirements: 1. Final approval by the Suffolk County Department of Health Services. 2. Submission and execution of a drainage easement between the owner and the Town of Southold. Chairperson Woodhouse: Is there a second? Ken Edwards: Second. Southold Town Planninq Board Paqe Seventeen April 1 0, 2006 Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? And that carries. ******************************************** SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Type II Actions: Osprey's Dominion Winery: Proposed amendment to existing permit adding 1,462 sf to project. This proposed amended site plan is to (1) 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.; and (2) increase the number of parking spaces from 31 to 41, of which 24 will be land banked; all on a 50.46- acre parcel in the A-C Zone located on the nlslo New York State Road 25 and 1,506' elo Peconic Lane known as 44075 Main Road in Peconic. SCTM#1000-1-1-20.1 Ken Edwards: WHEREAS, the amended site plan is for the proposed alteration and expansion of an existing 1,357 sq. ft. building and approved conservatory building and dormer of 1,995 sq. ft. to include a 1,462 sq. ft. addition which includes a site plan change in parking to 41 required spaces and 59 overflow spaces provided on 4.46 acres in the AC Zone located on the nlslo New York State Road 25 and 1,506' elo Peconic Lane known as 44075 Main Road in Peconic. SCTM#(s) 1000-75-1-20.1 & 20.2; be it therefore RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act (6 NYCRR), Part 617.5 c (7), makes a determination that the proposed action is a Type II and not subject to review. Martin Sidor: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion carries. ************************************** Determinations: Rich's Auto Bodv: This site plan is for new construction of a 1,759 sq.ft. auto repair building, existing office building of 1,620 sq.ft., and existing auto repair of 130 sq.ft. on a 37,428 sq.ft. parcel in the R-40 zone located on the slslo NYS 25 at the slw intersection of NYS 25 and Fleets Neck Road in Cutchogue. SCTM# 1000-102-3-1 Southold Town Planninq Board Paqe Eiqhteen April 10, 2006 Martin Sidor: WHEREAS, the site plan involves new construction of a 1,759 sq. ft. building, existing office building of 1,620 sq. ft., existing auto repair of 130 sq. ft. on a 37,428 sq. ft. parcel in the R-40 Zone located on the slslo NYS 25 at the slw intersection of NYS 25 and Fleets Neck Road known as 29950 Main Road in Cutchogue SCTM#1 000-1 02-3-1 ; and WHEREAS, RQA Properties, LLC is the owner of the property located at the slw intersection of NYS 25 and Fleets Neck Road in Cutchogue known as 29950 Main Road in Cutchogue; and WHEREAS, the agent, Abigail A. Wickham, Esq., submitted a formal site plan for approval on October 6, 2005; and WHEREAS, on March 13,2006, the Southold Town Planning Board, acting under the State Environmental Quality Review Act, pursuant to 6 NYCRR Part 617.7, initiated the SEQR lead agency coordination process for this unlisted action; and WHEREAS, on March 22, 2006, the Suffolk County Water Authority responded with no objection to the Town of Southold Planning Board assuming Lead Agency for the above referenced project. The following water conservation measures were recommended by the SCW A: 4. Permitting the irrigation of only 15% of the area of any single lot. 5. Usage of low-flow toilets and plumbing. 6. Adopting methods to reduce the potential of degraded water from recharging to the aquifer. This could include limits on the amount of fertilizer dependent vegetation maintained on a lot; be it therefore RESOLVED, that on April 10, 2006, 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: Motion carried. ******************************** Duck Walk Vineyards: This site plan is for construction of a 7,600 sq. ft. building with 38 parking spaces provided as required and 31 additional overflow parking spaces in geoblock type on a 30.5-acre parcel in the A-C Zone located on the nlslo NYS Road 25 approximately 546' wlo of Maple Avenue in Southold. SCTM#'s 1000-75-2-2.6 & 2.7 Southold Town Planninq Board Paqe Nineteen April 10. 2006 Joseph Townsend: WHEREAS, the applicant proposes a site plan for construction of a 7,600 sq. ft. vineyard building with 38 parking spaces provided as required and 31 additional overflow parking spaces in geoblock type on 30.5 acres parcel in the A-C Zone located on the n/s/o NYS Road 25 approximately 546' w/o of Maple Avenue in Southold. SCTM# 1000-75-2- 2.6 & 2.7; and WHEREAS, Merlot LLC, is the owner of the property located on the n/s/o NYS Road 25 approximately 546' w/o of Maple Avenue in Southold; and WHEREAS, on December 12, 2005, Charles W. Southard, the agent, submitted a formal site plan application for approval; and WHEREAS, on March 13,2006, the Southold Town Planning Board, acting under the State Environmental Quality Review Act, pursuant to 6 NYCRR Part 617.7, initiated the SEQR lead agency coordination process for this unlisted action; and WHEREAS, on March 22, 2006, the Suffolk County Water Authority responded with no objection to the Town of Southold Planning Board assuming Lead Agency for the above referenced project. The following water conservation measures were recommended by the SCW A: 7. Permitting the irrigation of only 15% of the area of any single lot. 8. Requiring the use of low flow plumbing fixtures in accordance with the latest codes. 9. Adopting methods to reduce the potential of degraded water from recharging to the aquifer. This could include limits on the amount of fertilizer dependent vegetation maintained on a lot. WHEREAS, on March 24, 2006, the New York State Department of Environmental Conservation responded with no objection to the Town of Southold Planning Board assuming Lead Agency for the above referenced project; be it therefore RESOLVED that, on April 10, 2006, 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: That motion carried. Southold Town Planninq Board Paqe Twentv April 1 0, 2006 Review Extensions: Matt-a-Mar Bv the Bav: 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 Chairperson Woodhouse: 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 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; 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, as of April 10, 2006, the applicant's agent has not submitted any new supplemental information for review and the Planning Board agreed 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 South old Town Planning Board has established itself as lead agency pursuant to SEQRA; be it therefore RESOLVED, that the South old 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. Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? The motion carries. Southold Town Planninq Board Paqe Twentv-One April 10, 2006 APPROVAL OF PLANNING BOARD MINUTES Chairperson Woodhouse: Is there anyone else who would like to address the Planning Board on any other matter? Hearing none, I will entertain a motion to approve the March 13,2006 minutes. Ken Edwards: So moved. Martin Sidor: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion carries. And I will entertain a motion to adjourn. Martin Sidor: Moved. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: We are adjourned. *********************************** There being no further business to come before the Board, the meeting was adjourned at 6:30 p.m. Respectfully submitted, ~%'wX~ Linda Randolph Secretary RECEIVi::D .} pc/ /135'19117 AUG 1 5 2006 rJt:"-~Ir#Jtl 'YL..'~L ~c.\';n~