Loading...
HomeMy WebLinkAboutPB-07/24/2006 KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND MAIliNG ADDRESS: P.O. Box Il79 Southold, NY Il971 OFFICE WCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MINUTES Special Meeting of the Planning Board Monday, July 24, 2006 6:00 p.m. Present were: Jerilyn B. Woodhouse, Chairperson Martin H. Sidor, Member George Solomon, Member Joseph L. Townsend, Member Mark Terry, Senior Environmental Planner Bruno Semon, Senior Site Plan Reviewer Anthony Trezza, Senior Planner Amy Ford, Senior Planner Linda Randolph, Secretary PUBLIC HEARINGS Chairperson Woodhouse: Good evening and welcome to the July 24th special meeting of the Southold Town Planning Board. Tonight we have two public hearings on the agenda. There will be an opportunity for you to speak when you would like to address the Board. There are two microphones. We just ask that when you come to the microphone, you address us by telling us who you are, where you are from, and that you sign the piece of paper so that we have the ability to transcribe your name accurately when we do our records afterwards. 6:00 p.m. - Cottaaes at Mattituck: This proposal is for a Standard Subdivision to subdivide a 7.4-acre parcel into 22 lots for an affordable housing development, where the lots range in size from 8,000 square feet to 15,817 square feet, in the Affordable Housing District. The property is located on the south side of Sound Avenue and the west side of Factory Avenue in Mattituck. SCTM#1000-122-2-23.1 I do have one letter to read into the record, but I will read that after we hear from the people who are presenting this application. Gail Wickham: Good evening. I am representing CDC of Long Island, who is the applicant on this project. I would like to thank the Board for its exhaustive review of this proposal, and for the suggestions you have made and the cooperation that we have received from you in terms Southold Town Plannina Board Paae Two July 24. 2006 of getting this to this point in a fashion that I think really addresses a lot of the concerns that have been raised in the past about this particular project. If I could just review very quickly, we've had and responded to quite a bit of extensive input from a number of different places, specifically the public, the Suffolk County Health Department, Suffolk County Planning, Mattituck Fire Department, the Town Engineer, the Highway Department, and also individual members of the Planning Board and staff. We have made numerous revisions in response to questions that you and those entities have raised, specifically relating to things such as the lot layout to make sure that the subdivision flows well and will look proper when constructed. A lot of time was spent on the buffer area and the Covenants & Restrictions that will enforce that. Specifically, there is a buffer area of 25' behind the houses with a few exceptions due to lot size. There is a buffer area 20' along Factory Avenue, and in those buffer areas the natural vegetation is to remain including trees that are there. There is also an extensive scenic easement buffer area at the entryway to the property that will be maintained. We've been concerned and have responded to questions about the street layout and had numerous discussions with your Board and the Town Engineer and the Highway Dept. about shifting the entryway further to the east in order to minimize the impact on the house on Sound Avenue that is located so close to the property line. We have addressed concerns about the recharge basin and the unvegetated area down by the railroad tracks for a buffer there, the sufficiency of the drainage in the street, increased the number of catch basins so that flooding will not be a problem, and have reviewed and considered the Traffic Study. We have had, independent of your Board at this point, two meetings with the Town Attorney's office to finalize and refine the Covenants & Restrictions that the Town requires in order to insure that this property will remain affordable, that the loopholes are closed in terms of people not using it as a principal residence, renting it out to inappropriate tenants, and protecting the property for continual affordability in the event of sale, foreclosure, or other transfers of title. And that's been a very exhaustive but an important kind of a ground-breaking process in this Town. I would like to ask the Board if they have any questions; if they do not, we also have our Engineer here, Mr. Milliken, as well as a representative of CDC and a representative of the builder if you or anyone in the audience has any questions that we can answer. Thank you. Chairperson Woodhouse: Thank you. Is there anyone else who would like to address the Board on this project? Greaorv Steadman: I live right on Old Sound Avenue. I need to learn a few things myself. Mark, what exactly determines what the Town designates as a special groundwater protection area? Mark Terrv: That came on a report by I think Lee Koppelman a few years back that it was a Suffolk County Water Authority, Suffolk County Department of Planning endeavor where they labeled certain areas in town as special groundwater protection areas. It usually covers an area, and that particular location on the side that borders the railroad tracks, this parcel is located in that special groundwater protection area. Southold Town Plannina Board Paae Three Julv 24. 2006 Greaorv Steadman: Right. What determines that designation? Mark Terrv: Underlying availability of water, quality of water, and certain...... Greaorv Steadman: A body of water you want to protect, I would assume. Mark Terrv: That's true. Yes. Greaorv Steadman: What's going to be accorded this area in terms of special protections and precautions in developing this site from polluting that groundwater that seems to be so near the surface? Mark Terrv: In the SEQRA process, which was done by the Town Board; they hired a consultant named Patrick Cleary, he looked at the area as a whole and sort of analyzed that most of those parcels in the special groundwater protection area which actually goes to Laurel Lake, are protected. In fact, I think there is a significantly large tract, we know it as the Adamowitz Parcel, to the west, a hundred and something-odd acres that was recently protected by the Town. Greaorv Steadman: '69. Mark Terrv: '69. So, therefore, based upon density over that special groundwater protection area, I believe Patrick Cleary, and I'm not going to speak for him, sort of analyzed that and then issued a Negative Declaration based upon that. Greaorv Steadman: Right. What I am asking the Planning Board is, what special precautions are going to take place in the development of this area to protect that groundwater supply? Mark Terrv: I also serve as the Local Waterfront Revitalization Program Coordinator. I can tell you I am going to propose to the Planning Board pesticide restrictions, also pervious driveways, and other water-saving as well as water quality measures to further protect the special groundwater protection area. Greaorv Steadman: Has the quality of the water been determined as of date? Did Mr. Cleary drill any holes to see what exists now? Mark Terrv: That wouldn't be covered under the SEQRA process, no. Greaorv Steadman: Then just what he assumes to be the case or predicts to be the case is what's covered under the SEQRA. Mark Terrv: I can't answer that. Southold Town Planninq Board Paqe Four Julv 24. 2006 Greqorv Steadman: OK. You spoke of the traffic situation; I wasn't privy to that because I didn't make it here in time, I work in Hauppauge. Was the Board aware that two accidents have taken place at Factory Avenue and Sound Avenue since the Town Board approved the rezoning of that parcel? Yes? No? Maybe? Joseoh Townsend: No. Greqorv Steadman: Do you have in hand any traffic studies right now regarding the number of accidents that have taken place at Factory Avenue and 25 and Factory Avenue, and the last outlet, Cox Neck, Sound Avenue and 48? Do you have that in hand? Chairoerson Woodhouse: I don't have a study like that in front of me at this point. I do not have that in hand. Greqorv Steadman: Will that be considered? Anthonv Trezza: Well, there is a traffic study that we prepared in relation to the proposed development that is in the file for review. Greqorv Steadman: That's the Nelson & Pope traffic study? That's the one day, March 1, 2006 quick study that they did on traffic... Anthonv Trezza: I believe there would have been two versions if I remember traffic study had been updated once after... Greqorv Steadman: I requested on the FOIL the most updated one, that's what's in the report. Anthonv Trezza: You may have looked at the most updated one. I'm pretty sure it was updated once. Greqorv Steadman: So there's been traffic count since March 1, 2006. Anthonv Trezza: I don't think there were any traffic counts done. Greqorv Steadman: So, we don't have a knowledge as to what takes place yearly as of 2006 up to this point, or what's going to occur in the summer, other than what Nelson & Pope says, first to a DOT prediction report that was done in, what, 2001? 2002? I believe that's in his report? Anthonv Trezza: Yeah, I mean I don't memorize...... Greqorv Steadman: So that's what we have to go on, that's what the Town Board has to consider? Huh? Seems a bit coarse. One of the things that were supposedly going to be Southold Town Plannina Board Paae Five Julv 24. 2006 done according to Mr. Cleary, was that all this air was going to be monitored, regarding these traffic exhaust fumes and the construction. And it was going to be done by our Town Building Department. What equipment do we have in the Town Building Department that monitors air? Are you aware of any? Yes, no, maybe? Anthonv Trezza: I am not familiar with... Joseph Townsend: Do we have a representative of the Town Building Department here? Greaorv Steadman: Are we going to be sure that it's monitored? We don't even know if we have the equipment? Joseph Townsend: We can pose that question to the Town Building Department. Greaorv Steadman: Oh, definitely. These are all promises and predictions Mr. Cleary made, who conducted the SEQRA study that is being based upon this leading to the subdivision of this property. One of the other things that was interesting in the SEQRA report that Mr. Cleary said that no exact amounts of the increased or current effluent production were given or predicted in the SEQRA report given to the Town. In fact, they state: "significant adverse impacts on groundwater resources will not occur." Now, this is a prediction based on not knowing what's there now, not knowing how much effluent will be discharged, and that's easily obtained, you go to any Suffolk County record book I am sure they have some kind of predictions as to the amount of effluent discharged by a sewer system, that's how they make their code. That's in the report also. And also, is the Town aware that subsequent to the question coming up about pollution in that area, there were four test holes dug by the development corp. Are you familiar with them? Test Hole #1, Test Hole #2, Test Hole #3, and a fourth test hole that wasn't labeled? And, that at the fourth test hole they hit water somewhere between six and twelve feet? Were you aware of that on that property? Yes? No? Joseph Townsend: The Suffolk County Health Department addresses those issues. Greaorv Steadman: And you people address what issues? Joseph Townsend: We address all of them. Greaorv Steadman: Oh, good. OK. I'm not trying to be adversarial here. Chairperson Woodhouse: If you have information, we will welcome... Greaorv Steadman: I'm concerned about the density, and I have to say it. Chairperson Woodhouse: If you have information or other studies, we welcome your input. That's why we are having a public hearing. Southold Town Plannina Board Paae Six Julv 24. 2006 Greaorv Steadman: Well, I just want to address the fact that they hit water there. Even though I don't think you'll see it written down anywhere. I am sure it wasn't brought to your attention. Now, is there a plan regarding, it's called "Stormwater Pollution Prevention Plan", attached to these plans here that's mandated by the County and the State. Anthonv Trezza: They will be required to obtain a SPDES permit prior to construction. Greaorv Steadman: OK. So, in other words, it gets approved first, and then they give you th at? Anthonv Trezza: It's typical that the Planning Board covenants prior to the issuance of any building permit that they would obtain the permit from the Greaorv Steadman: Would that mean prior to the approval of this, you would have to have that? Anthonv Trezza: No, it would be prior to the disapproval, but prior any construction... Greaorv Steadman: So what I am saying is you approve this and then you worry about... Chairperson Woodhouse: We approve the subdivision. Any construction is dealt with separately. Greaorv Steadman: OK. Then there's been no filing of a New York State DEC permit or anything; that comes later after they... Anthonv Trezza: I don't know if they've filed... Greaorv Steadman: Have you filed a NYS DEC State Pollution Discharge Elimination System Notice of Intent? To construct? Gail Wickham: Do you want me to respond to the question? I don't know your procedure. Joseph Townsend: Why don't you make a presentation, any questions... Greaorv Steadman: That's good enough, that's good. Now, it states in the SEQRA report also that there's going to be, and I quote: "no net overall regional change in wastewater generation or recharge is anticipated." That kind of flies in the face of 22 cesspools being there, I mean there has to be some more... Anthonv Trezza: Can I respond to that one? Chairperson Woodhouse: Yes, please. Southold Town Planninq Board Paqe Seven Julv 24. 2006 Anthonv Trezza: I'll respond to that one: if you look at the report, it's based on the fact that this property has received sanitary flow credits. Greqorv Steadman: I don't care about what's on paper, I care about the cesspools in the ground. You can dress it up as much as you want, there's gonna be........ Chairperson Woodhouse: Excuse me, excuse me, if you have a specific question I think Mr. Trezza is trying to answer your question. Please let him. And then if there is a comment you would like to make, please address the Board, not the staff. Greqorv Steadman: Certainly. So he's addressing the Board? Chairperson Woodhouse: He's answering your question. Anthonv Trezza: So what I'm saying is that based on the SEQRA review we have received, is the overall impact is that there was a transfer of sanitary flow onto this property and that the overall net gain, there is none, because they were transferred from a property that had been preserved and the Town banked those sanitary flow credits to transfer them to a property like this for housing use. Greqorv Steadman: OK, so it was transferred from some distance away. Does that mean it's not going to appear here because it was transferred over to here? Anthonv Trezza: What I'm saying is the net overall impact determines Chairperson Woodhouse: we are looking at a broader geographic area than this particular piece here, and that's how the Transfer Development Rights Program operates. Greqorv Steadman: I agree with you, I understand that concept and I understand what happens. My question is: because you transferred credits on paper, does that mean there is going to be no more effluent than there was before in that particular area? Chairperson Woodhouse: You know the answer to that question. Don't...... I mean.... Mark Terrv: I think you know the answer to that question, don't you? Of course you're not going to have transfer effluent to a different site a mile or two.... Greqorv Steadman: OK. Of course you are going to be concerned about that when the construction begins, right? Mark Terrv: Yes. As long as they have functionally designed septic systems, it should not impact the water quality. As long as they have certain specifications; sand, different substraits and .... Southold Town Plannina Board Paae Eiaht Julv 24. 2006 Greaorv Steadman: But you don't know what the water quality is. Mark Terrv: Well, assuming that you're dealing with very deep, deep aquifer. Greaorv Steadman: We're not. Mark Terrv: Well, we don't know. Do you have public water? Greaorv Steadman: I have U.S. geological readings, yeah. I don't have public water, no. have a cesspool, and I pumped water up. And yes, I have had (inaudible) Mark Terrv: Do you operate on a well? Greaorv Steadman: Yes, I do. Mark Terrv: OK. So you think you're getting water from the shallow aquifer? Greaorv Steadman: I know I'm getting water from the shallow aquifer. Mark Terrv: OK. Greaorv Steadman: I only have to go 20' down. That's the length of my pipes into the ground. And many of the people around me only go about 20' down. When the Temmeck think happened, everybody got filters in their basement. Mark Terrv: That's interesting. Good information to know. Greaorv Steadman: And some basements still flood a little bit. The water's there. If you look at the United States Geological Services, they have a measurement device right on the playing field at Laurel Lake. They tell you the levels right there; that it's about 12' above sea level, the water level. That's pretty high. You've got a vernal pond back there that stays filled with water to swamp all year long. Mark Terrv: Back where? Greaorv Steadman: In those woods back there, about Yo mile up away from the Mattituck Cottages. There's water there. But, like I said, I didn't know whether you were aware of it. Mark T errv: OK. Southold Town Planninq Board Paqe Nine Julv 24. 2006 Greqorv Steadman: Do they have to let you know who the professional is who is going to be conducting the assessment of this site regarding the appropriate erosion and sedimentation control measures, or do you pick the professional that does that? And this is prior to the commencement of construction. And that's also mandated now. Mark Terrv: Do you mean the SPDES permit? Greqorv Steadman: This is a conducting of an assessment. Mark Terrv: Under the DEC SPDES program? Greqorv Steadman: Yeah. Mark T errv: Their engineer would submit the plans and work through the DEC to obtain that permit. They would give us valid proof that they obtained the permit, either before they get the building permits, which is how the process works now. Greqorv Steadman: Do you know there's an underground oil tank that's been found on the property? Joe Townsend: I didn't know, no. Chairperson Woodhouse: No. Greqorv Steadman: Yeah. The lady whose property that seems to be moved over three or four feet by the new monument, next to hers mind you, has been blamed as owning the tank, which is on their land. And their attorney, I understand, called her up and told her she was responsible for its removal. I could be wrong, but I'm sure you'll clarify that. Yeah, it's there. Does the DEC oversee removal of the underground water tanks that are deserted or abandoned? Mark Terrv: Water tank or oil? Greqorv Steadman: Oil tank, excuse me. Mark Terrv: I'm sure they would, yah, they would require that. Joseph Townsend: If there were pollution, they would, if they could determine leakage, they would. South old Town Planninq Board Paqe Ten Julv 24, 2006 Greqorv Steadman: Well, somehow they would have to ascertain if there was leakage, and then oversee it, I would imagine. Now it says there's supposed to be a Phase I Survey prepared in accordance with the NYS Office of Parks, Recreation and Historic Preservation to be conducted. Given that it's near to an existing archaeological dig, I think it's within a mile of an archaeological dig. Were you aware that bones have been found on one of those test sites? Chairperson Woodhouse: On the property, on the premises here? Anthonv Trezza: The archaeological report was done. Phase I was prepared. The recommendation was "no further study be conducted on this site." The fact that they found bones after the study was done, no, but the archaeological study was prepared. Greqorv Steadman: Well, since that, were you aware that there were bones found there and that NYS Police have a report on it. And they have determined that they are not human, but they're larger than deer. So, I don't know what else is there. My wife knows more about this than I do, so I'll let her talk about it regarding the environment there, and a couple of species of animals that have been seen there, and we have pictures of that are on the NYS DEC endangered species list, but I'll let her go into that. Those are my questions. Thank you very much. Chairperson Woodhouse: You're welcome. Do you have something in writing you'd like to submit? Greqorv Steadman: I can get it together; I don't have it right here now. Chairperson Woodhouse: Any studies or reports that you reference that you'd like us to be aware of, we'd appreciate if you would make them available to the Board. Greqorv Steadman: Certainly. I'd be happy to. Chairperson Woodhouse: OK. Is there anyone else who would like to address the Board? Ms. Wickham, do you want to respond to some of the questions that were asked of you at this point, or do you want to wait? Gail Wickham: I can do it now, or I can do it after everyone's done; it's up to you. Chairperson Woodhouse: OK. Is there anyone else who would like to address the Board on this application. Southold Town Planninq Board Paqe Eleven Julv 24. 2006 Catherine Steadman: I'd like to, but I'd like Ms. Wickham to address the questions so that they are fresh in everybody's mind with the response, if that's OK? Gail Wickham: I have no problem with that. I'll try to get each of them in the proper order. The first question, which I believe Mark Terry primarily answered, had to do with the special groundwater protection area. I presume that is generated as a result of Laurel Lake and it being in that vicinity of that watershed. This is property which is on a very extreme edge of that area, and the independent engineer retained by the Town, not by the applicant, determined after not only preliminary but his second review that this would not have a significant impact on that groundwater protection area. The Health Department also does an extensive review of the application from the point of view of evaluating impact of the cesspools, the groundwater, the groundwater level and other contributing factors before they issue their approval. And that is done in at least two different stages; one is being conducted now in terms of the subdivision approval which requires the drilling of test holes and evaluation of the types of systems that will be allowed on the property. And then there is after that review is satisfactorily completed, a second review as to each individual lot and each individual house and their individual sanitary system and water supply which has to be reviewed again by the Health Department lot by lot by lot. And again, if the Board has restrictions in terms of protection of groundwater we are certainly willing to consider that. I think that will happen probably in the next stage of the review of this application. The Traffic Study: that was specifically prepared and presented and reviewed in terms of the rezoning application on this property and the Town Board did consider it in granting the approval for the rezoning. This Board is now faced with reviewing, given that rezoning, the division of the lot, and their primary concern with traffic as I understand it, and I can certainly be corrected, is the flow of the traffic within the subdivision itself as well as the flow of traffic in and out of the subdivision. And we did have a number of discussions about that, and the access that was proposed appeared to the Board to be the best alternative, although at the recommendation of both the Board and the Fire Department, an emergency access and a pedestrian access was retained off Factory Avenue. One of the factors in the Traffic Study that I think the consultant relied on was the fact that the previously very difficult intersection at Factory Avenue and Wickham Avenue has been improved by work that has been done over this past spring and summer when a right hand turn lane exiting southbound out of Factory Avenue. I don't have the information on accidents but again I think that was something that was addressed as part of the Town Board rezoning that would not necessarily affect the flow in and out of the subdivision in front of this Board. The discussion about the water level and the contamination of the groundwater: there were predictions in the report, but those were all based on very scientific engineering studies in terms of effluent discharge knowing what the typical household of this size will generate. It's known what the typical gradient is in the area, the depth of the water and, again, that has to all be reviewed again once the homes are actually built and specific information on groundwater levels addressed. Southold Town Planninq Board Paqe Twelve Julv 24. 2006 The test hole to which Mr. Steadman referred I assume is the test hole that was on the map and it was at the bottom of the recharge basin, which is the very lowest point of the subdivision, it dips down there quite a number of feet and therefore the water was encountered at a much sooner distance from the grade than it was at the rest of the subdivision. On the map, the Town Engineer reviewed that specific test hole along with the others and in fact made specific requests to change the design of the recharge basin in accordance with those test hole results, which we did. The Health Department is also obviously going to be reviewing that and I believe has to some extent. What they have concerns with, we obviously will respond to. SPDES permits will be applied for by our engineer as we get closer to the final stages. That has not been done yet. Regarding the question about the number of cesspools in the ground and I guess the extent of impact of the effluents. Obviously, it will be more than there would be for seven acres development under non-affordable restrictions without the transfer of sanitary credits. However, this is a very carefully considered review process. The Town made sure that those credits were transferred from a nearby facility within the same groundwater protection area as this particular property. It was reviewed by an independent engineer that was retained by the Town, not by the Engineer. And any wells which are within a close area that the Health Department determines could be affected by the cesspool density increase will be offered public water paid for by the applicant. That's part of the review process and we have made that clear from the very beginning. The oil tank: I don't know anything about that and I didn't make any calls, but I will certainly look into that at the conclusion of the hearing. And, as Mr. Trezza indicated, we did do an archaeological study that was evaluated by the Town that was also done by an independent consultant and reviewed by the Town and its consultants. Thank you. Catherine Steadman: I had spoken with Mr. Trezza and last year in the back portion where this water was found at Test Hole #4, there was a vernal pond. It probably had more to do with the heavy winter and the heavy rains that we had than we had this year this past winter and this past spring we didn't have the amount of rain and not only that we didn't have (inaudible). There are three subjects from the DEC's Endangered Species list that use that property, that live on that property, that transfer through that property, and I'm going to be writing the DEC; when I do that I will send you a copy of that. I have pictures to back up. Chairperson Woodhouse: Would you like to state what they are? Catherine Steadman: One, we have peregrine falcons that come through there; but there's a red tail hawk who calls that home and, if you know anything about birding, they are territorial and they're not gonna let...... so they do come through in the Spring, they do come through in the Fall, they do use that property, the red tail hawks as well; there's a lot of little critters that run around there. Depending upon where you are in the food chain, it's just a good area. The Southold Town Planninq Board Paqe Thirteen Julv 24. 2006 oak savannahs of the Midwest, this area is home to oak trees. There is a canopy and for whatever reason this is not overgrown, there's not those rose bushes and brambles that you get there, it's just an open area. The bottom of this supports wild blueberries. That whole area in there from that area west, however many acres however many miles, supports wildlife that feeds on berries and on seeds. So, some things are very specific for those needs, and anybody who is an environmentalist should understand that. I don't know how much, a lot of wildlife is going to be disturbed, a lot of those endangered species are gonna be disturbed. So I guess it depends on the DEC and how much people care about those specific things being on there and being on Long Island. I don't know if we're gonna be the orphan child kicked to the curb here. But I just had..... no, I'm not gonna name them. You know I don't need somebody goin' out there and I'm not saying that anybody would do it deliberately, but I don't need somebody goin' out there with insecticides, fungicides, whatever-cides to try and get rid of something that's there before the DEC (inaudible). I just have a question: on the SEQRA, and I'm sure this has nothing to do with you guys, but they said something, where's that one page? On the first thing, they talked about the 22 dwelling units and they said primary source of long term air quality impacts the air pollution attributable to vehicle trips. It is anticipated that the project will generate approximately 29 vehicle trips during the most heavily traveled peak hour. This level of traffic represents the increase in vehicle trips above the nine trips that might be anticipated. (inaudible) It should be noted. So they're talking about the site yielding three dwelling units as opposed to 22. And they double the three, they figure that those three dwelling units will yield nine trips. So that's three times three, right? But when they do the 22 dwelling units, they only do 29 vehicle trips. So, did somebody, did their calculator just not work? You know? 22 times 3 is 66. And if you do the math, that's what I got. So, you know, who, did anybody not pick up on that? Was that not a concern that you know three houses: nine trips, 22 houses: 29 trips? Does somebody not have a car, is everybody staying home? You know it seems to me like there's a lot of things being overlooked in the name of affordable housing that's not right to the community, it's not right. (inaudible) We're talking about the water that lies underneath there? It used to be the farmer's fault that there was pollution in the ground in the well waters. That's not the case anymore. Pollution is coming from the roads, the pollution is coming from the shopping centers, the pollution is coming from the development. It's not the farmers fault anymore. You got 22 houses, you're gonna have 22 cesspools, not even holding tanks. They should be having holding tanks in there. The property sits on sand. Sand is silt, it goes right through. You might as well have a sieve(?) it's right into the ground, it's right into the groundwater. You know, what happens when that is moving groundwater. Anybody who's ever gone to Mattituck Shopping Center on a heavy rain has seen that water sitting in the shopping center, because you can't park, you can only park in half the shopping center. And that's the shopping center that's sitting up closest to the Main Road. That water discharges somewhere. That water goes into cesspools, it's not holding tanks; that is moving water. Where does that moving water go to? Does it go into the inlet behind the Hess gas station? Does it go into the inlet that goes out to the Sound? Does it go into the inlet that's over behind where they play baseball on Peconic Lane? Where does that water go? It goes somewhere, it's moving water; doesn't it concern any of you? South old Town Plannino Board Paoe Fourteen Julv 24. 2006 Chairperson Woodhouse: Is there someone else who would like to address the Board? Eileen McGetrick: I am a resident of Factory Avenue. As Ms. Steadman said, I do think a lot of things are being overlooked and we are being pushed into this. From an economic factor, is it really feasible, is it cost effective? Would we not be better off giving grants to buy low income housing. Housing prices are dropping every day. I live by those woods and it is a large span of woods and it is a shame to see seven acres go to 22 houses. We did ask, we appealed for a lower density, but it kind of seemed to be just pushed through. I also question who are doing all of these studies? Are they independent studies, or is the project coordinator, are they the ones paying for it. Because if they are paying for it, where's the independence in that? And I leave you with that. Carol Sullivan: I live on Sound Avenue in Mattituck and my husband and my property will have 12 new neighbors on the East, and the catch basin on the South. I guess my first concern, especially along the eastern border of our farm that is a field that has hay growing in it and at some point we plan on expanding it to have grapes. We have an irrigation ditch that we draw water from and, with 12 new neighbors, especially with some of those lots being smaller that are bordering our property, I'm wondering how is that irrigation ditch going to remain clean? It's deep, it's at least 12 or 15' deep and the property is 15 or 20' away from where they're designing the septic systems. The water supply for that farm is a huge concern. We don't have a well that is nearby there that is extra deep. We also draw from very shallow groundwater and you know it's great, OK we'll hook you up to Town water, that's really wonderful but we have a farm, we have our greenhouses as well as our private home. Great, hook us up to Town water, but who is going to pay the water bill on an ongoing basis. It's not free. Once you hook up to the Suffolk County Water Authority, you have to maintain an invoice with them. Traffic has been a really, really big concern of mine. The neighbor who will be most directly affected by that, her house is only 5' from the property line. And while they manage to find an emergency egress at Factory which is good and I think it needs it, none of us have seen any amended site plans which I think is not right. We should not only get the notice that there's a hearing, but we should get information on the design of the project without having to sit in Scott Russell's office to look for it. I really think that a lot that's only 45' wide cannot have a buffer zone and will be a huge inconvenience to the woman who owns this property and has for a while. And, as far as the traffic, I haven't seen anything that restricts the number of people who are going to be able to live in each house: how many cars can be there. Because the lots are small, they're tiny; how many cars can you fit down that little area? What I've noticed, especially in the last month or so while I've been working from home, is the number of tractor trailers and Hampton Jitneys that come down Old Sound Avenue, both on the weekend and during the week for deliveries to Waldbaum's. As the bus cuts through, has gotten really bad. I think especially if you are adding 22 new houses you have to restrict the commercial vehicle access on that road. I called the Town Hall the other day to leave a message about the trucks and the buses, and was just kinda like just laughed at like: "Oh, the Southold Town Plannina Board Paae Fifteen Julv 24, 2006 traffic's bad everywhere." Well, you know, you shouldn't single out one specific block that's a convenient cut through and perhaps you need to also look at that in your traffic study. Thank you. Chairperson Woodhouse: Is there anyone else who would like to address the Board on this application? Any other points you would like us to consider in our review? Frank Wills: I live in Mattituck. Last year, I was a member of the Stakeholders group which proposed the plan for the Mattituck Hamlet Center and the Halo Zone to the Board. At that time, Factory Avenue was the border, the western border of the Halo Zone. When the Town came back and suggested that the houses at Factory Avenue be included in the Halo Zone because we felt that the affordable housing project was a good one, we said "OK, extend the property of the Halo Zone to include that development." Let me add that the Perino property on Sigsbee Avenue was at times pushed on us as to be included in the Halo Zone, but that has been resolved, it is not in the Halo Zone. So, in effect, we are all in favor of the development, however, one of the definitions in the Halo Zone publication was that the minimum lot size be 10,000 sq. ft. I notice that several of them are 8,500. I think that should be reviewed and possibly the number of houses in that development decreased. The other one that came up obviously was that originally 12 of those; there were 24 houses plus 12 rental apartments in half of those units. They have been removed, but I feel strongly that some of the houses that are going to be built should be rental houses, and not for purchase, so that even people who have a lesser income than the present status can afford to live in those houses. That's just a suggestion and a request. The other one is I haven't seen the latest plan whether there's going to be a sidewalk on Factory Avenue or not. But obviously, anyone walking down Old Sound Avenue and Factory Avenue is asking to be hit by one of the cars that go zooming down. So I strongly urge you to force sidewalk, at least on one side of Factory Avenue, and possibly on Sound Avenue, for people who don't want to drive to Waldbaum's or the shopping center. Thank you. Greaorv Steadman: Can I say one other thing? I just want to say that one of the reasons we all came here today is because we want to put in your hands our faith and our trust that you will hold these people to the letter of the law and make sure that everything that they do is beneficial in this hamlet and the environs and the people that live there. You're the only guys we can count on. I think most of you live here in town, some of us don't, I don't think you do, Mark, do you? Anthonv Trezza: Anthony. Greaorv Steadman: Anthony, I'm sorry. So, you too have a vested interest in seeing that this goes right and it goes fairly and, like I said, a healthy environment for the people that live there. Ask not who the bell tolls for. Southold Town Planninq Board Paqe Sixteen Julv 24. 2006 Chairoerson Woodhouse: Thank you. Is there anyone else who would like to offer some comments to the Board. Gail Wickham: I'd like to first of all assure Mr. Steadman that previously I have found COC to be a very responsible organization. They have really towed the mark and done everything they can to go after every single aspect of this project to get it done right, not just sweep it through and get it done, but to get it done right. Nelson & Pope, on the engineering has been extremely diligent and extremely professional. I do think you have good people working on it. If I could just briefly address some of the comments, let's see: Mrs. Sullivan was concerned about her irrigation ditch. I do want to assure her just in terms of her general farming concems that every purchaser who gets a contract here will get a notice of right to farm practices as required by the Town Code so they will be aware that there is a farming operation there and they will be subject to whatever is the consequence of that. I do not believe farm usage is covered by the public water hook-up; but on the other hand I don't believe, and Mr. Milliken can correct me, that water quantity would be at all affected by this particular subdivision and I don't think that she would see her irrigation well suffer as a result of any water draw, particularly since it is on public water, so the water table will not be drawing down at this particular location. The water that she referred to as I mentioned before has been carefully considered in this review process, and the side line on that side, which is the west side of the Sound Avenue exit, is 14' from the boundary line to the actual pavement, whatever she has on her side. So we have tried to maximize it to the furthest extent that the Town Engineer would let us do that by offsetting the roadbed at that point and shifting it eastward. The question about the number of occupants and the drivers: the number of occupants is restricted of necessity by the physical dimensions of the property. They are two bedrooms, one bath units, and there are further restrictions in the subsidy dollars of the governmental agencies, and the Town has now received over 140 applicants that are being qualified to be further reviewed if there are families that exceed that amount they will not be allowed to participate in this particular project. But that is all being carefully reviewed and I believe that is also why the traffic study, the smaller units which would have a limited number of occupants, were given a different type of traffic review than potential dwelling units which could be very large, have multi bedrooms and multi driver facilities. Mr. Wills' question about the lot size: we were very careful time and time again to make sure that the average minimum lot size is 10,000 sq. ft. We obtained a variance from the Planning Board on that. Some of the lots are considerably over 10,000 sq. ft. The average is over 10,000 sq. ft. That was a given. Rental houses also he asked about. That is a possibility. The initial homes it appears will be occupied by homeowners who will be purchasing and financing. They are able to rent their homes under very specific restrictions to qualified individuals on the Town registry and that very well may happen if their family expands or whatever reason they decide they will no longer be able to live there. They either have to sell to a qualified individual on the Town's registry or rent to such a person. So there is a limited Southold Town Planninq Board Paqe Seventeen Julv 24. 2006 opportunity for rentals. I think it's probably not nearly what the Town needs to do and that's certainly probably going to be one of the Town's focuses. The sidewalk on Factory Avenue: that was discussed extensively with the Town Board. Funding was identified to do that, and I think maybe we should check with the Town Engineer and see if that can be done. It had been discussed initially and it should be pursued on a fast track. I just want to mention about the endangered species that Mrs. Steadman had mentioned. We would like to see her study. Unfortunately, that area has been extensively disturbed by dirt bikes, by a tremendous amount of junk and debris that has been dumped there and development is an unfortunate consequence of our society. I don't like it either, but there is a balancing act and certainly there are many people in the Town's local workforce and the elderly in need of homes. And that is in this Town quite an endangered species as well. If you have any further questions again I will be glad to try and address them. Greqorv Steadman: I'm sorry, can I speak? Chairperson Woodhouse: Please, you may, please. Greqorv Steadman: Thank you. I'm upset about this altruism that CDC and the builders all have regarding this affordable housing. Chairperson Woodhouse: What upsets you about it? Greqorv Steadman: Well, first of all CDC I believe is making $25,000 a house. The cost of the property, which was $350,000 to White Oaks Builders, is going to be sold to the County and it's going to turn into something like $130,000 an acre, property that was assessed between $40-50,000 an acre. So, how much of it is altruism and how much of it is for monetary concern, I don't know. I do know that the builders are comprised, three of them at least, one of them is an Assemblyman, who is running for Assemblyman. One of them I believe is part of the executive committee of the Southampton Democratic Party, and Marilyn West is I guess their mother or their grandmother or whatever. So, I don't know about all this altruism. But, if it exists, that's all well and good. I just am a little bit doubt on this, all the refuse and dirt bikes have destroyed this. Please, take a walk through there. Walk through this property. You'll see recreational paths, you'll see a running path. I used to play softball back there on this little tiny section when I was a kid. My family has lived here for four generations. That's not an extensive dumping ground. There's one bike jump that the kids built, so that they could take their VMX bikes and jump over it. Walk back there, look at the property. Walk a little bit outside the parameters of the property, get a feel for it. Don't just do it on paper, you know, in a very abstract kind of way. Because there's nothing abstract about it. It's beautiful forested property, and it's all gonna be gone (snaps finger), like that. Southold Town Plannina Board Paae Eiahteen Julv 24. 2006 Gail Wickham: Now, I do have to respond to that. First of all, were this not private property, I might invite Mr. Steadman to go out and look at the junk and also I do think that it is private property. Certainly, White Oaks Builders made a lot of money on this. We've all talked about that at numerous meetings, and it's unfortunate that they didn't see the need to contribute to affordable housing, but they haven't. The $25,000 per unit CDC charges as a developer's fee, the Town Board has been aware of that. It is a typical fee. That is not in their pocket. That is used to pay the salaries of the organization that has done this, like Mary Ann Garvin, who you've seen here countless times, and it's a drop in the bucket compared to the other times she's been out here meeting with Philip Beltz; Bill Klatsky, all the people who have worked on this. That's what pays their salaries, all their expenses, all of their staff has done exhaustive backup, applying for subsidies that probably have sheets of paper that put your office to shame. They have staff that has been doing all of the review for the people who are applying for homes, all of the mortgage counseling, homeowner seminars. They do countless things, and I would invite Mr. Steadman because it is a non-profit organization, to look at where their money goes. It's all reported, it's all out there, it's all a matter of charitable intention. And I don't mean to paint a rosy picture, it's a tough business, but I do think that you've give a tough look and I hope that we can move forward on this as expeditiously as we have until now. Thank you. Chairperson Woodhouse: Thank you. Greaorv Steadman: The attorney general has that information, correct? Chairperson Woodhouse: Excuse me. You need to come to the mike. Greaorv Steadman: I just asked Mrs.!Ms. Wickham if the attorney general had that information on their filings. Marv Ann Garvin: It's available on Guidestar. He can look it up. All charitable organizations and anybody who files a 990, a non-profit, is available on Guidestar. Chairperson Woodhouse: Thank you. Greaorv Steadman: Thank you. Gail Wickham: Just for the record, I've been corrected; they've had to shrink it down at this point to $22,000 in order to make the ends meet. So, that's where it is at this point. Chairperson Woodhouse: Is there anyone else who would like to ask any other questions or present any other new information? Hearing none, I will ask the Board what is your pleasure? Sorry, I am remiss. At the beginning I did say I would read a letter. There was a person who did write to us and ask that the letter be read into the public record. This is a letter from Dr. Elizabeth Primamore, 10450 Sound Avenue in Mattituck. "Dear Ms. Woodhouse: South old Town Plannina Board Paae Nineteen Julv 24. 2006 I am requesting that you read this statement at the public hearing today at 6 p.m. since I cannot attend due to work obligations. I am writing to protest the building of Cottages at Mattituck. In my view, this plan is ill-conceived for a number of reasons. The first one is overcrowding, since the plot sizes are not in keeping with the character of the neighborhood. Secondly, there will be more pollution from cars, since most likely each family will have two cars. Delivery vehicles and trucks will also increase traffic flow as well as exhaust fumes for those of us living in neighboring homes. Then there is the issue of adequate sewer systems to serve these new homes. Our well water could be affected. Additionally, neighbors to the development will be forced to endure constant noise to the construction, which will be ongoing for a considerable amount of time. This is grossly unfair to us. Why would the Town choose to support overcrowding and destruction of the environment that would harm the well-being of this community. Affordable housing is not the issue. The issue remains an ill-thought out plan fraught with issues of density, quality of life, and environmental harm. Perhaps the plan with fewer houses on the same amount of land would be a solution. As it stands now, this plan benefits the developer more than anyone else. I urge the council to please reconsider and not approve this plan as it currently stands. Thank you sincerely, Dr. Elizabeth Primamore." I believe that's the only piece of correspondence that's new to our file. Correct? Thank you. Mark Terrv: I just want to say something. Mr. Steadman, this is addressed to you. I think you have a lot of valid points and we will research your points. However, I do take offense to your "out of town" note of Mr. Trezza. I think that was inappropriate. I think our department reviews every application in a professional manner, whether they live out of town or in town. We don't make decisions on this, we make recommendations. And I just want to make you aware that it's an inappropriate remark. Greaorv Steadman: I apologize, Mr. Trezza. By the way, are you for or against affordable housing? Anthonv Trezza: What's that? Greaorv Steadman: Are you for or against affordable housing? Chairperson Woodhouse: I'll just say I think Mr. Trezza is looking for affordable housing for himself. Greaorv Steadman: Let him speak. You are, right? Anthonv Trezza: I'm no attorney but I won't go down that slippery slope and answer any questions....... (inaudible) Chairperson Woodhouse: OK. Southold Town Planninq Board Paqe Twentv Julv 24. 2006 Joseph Townsend: I will offer the following resolution: BE IT RESOLVED that the South old Town Planning Board hereby holds open the public hearing for the Standard Subdivision of the Cottages at Mattituck. George Solomon: Seconded. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? The motion is carried and this hearing will be held open to give us an opportunity to look into some of the issues that you have brought up tonight. Anthonv Trezza: And to give us something in writing, if you want to put something in writing. Chairperson Woodhouse: Thank you. OK. I'll just wait until the room clears, although you're welcome to stay if you'd like. Those of you who are leaving the room; if you did speak and did not fill out the sheet, would you come back and sign your name. Mr. Steadman. Excuse me, Mr. Trezza, would you ask if anyone out there has not signed the sheet would they please come and do so? Thank you. **************************************************************** 6:05 p.m. - Sheren Medical BuildinQ: This new site plan is for the proposed construction of a 2,940 square foot one-story building for 2 medical offices that requires 15 parking spaces (20 proposed) on a vacant .49-acre parcel in the General Business Zone located on the slslo Suffolk County Road 48, approximately 1,251' elo Youngs Avenue in Southold. SCTM #1000- 55-5-10. Chairperson Woodhouse: Is there anyone who would like to speak on behalf of this application? Steve Fontana: Good evening. I am the architect for the project and I am representing Dr. Scott Sheren tonight. We are here this evening to request from the Board to get final site plan approval. I believe we have addressed all the comments from the Planning Board. We do have two outstanding issues: one is DPW. We do have a permit from them, but in speaking with them it may be altered. It's in regards to whether they are going to request a sidewalk and a curb along Route 48. So I am waiting to hear back from them, but they did approve it with that requirement. The other issue is the Covenants & Restrictions. My client does not own the property presently. So, it's hard for him to sign something that states he owns the property, Southold Town Plannina Board Paae Twentv-One Julv 24. 2006 but once he has site plan approval he does plan on going through with the closing and then he will be able to sign the Covenants & Restrictions. Beyond that, it's a nice project. I think it'll be an asset to the community, and we hope the Board is in favor of it. Thank you. Chairperson Woodhouse: Thank you. Is there anyone else who would like to speak on behalf of this application? Anyone on the Board have any questions on this application? Bruno Semon: Madame Chairperson, if you don't mind: Mr. Fontana, there's actually six months in that, would that give adequate time to close on the property and get that C&R filed? Do you feel six months is adequate? Steve Fontana: Yeah, that would be definitely adequate. He is set up to close in September. Chairperson Woodhouse: Thank you. Any other questions? Hearing none, I will entertain a motion to close this hearing. Georae Solomon: So moved. Martin Sidor: Second. Chairperson Woodhouse:. All in favor? Aves: Chairperson Woodhouse: Opposed? That motion carries. And we have a number of resolutions. I will read: WHEREAS, this new site plan is for the proposed construction of a 2,940 square foot one-story building for 2 medical offices that requires 15 parking spaces (20 proposed) on a vacant .49-acre parcel in the General Business Zone located on the slslo Suffolk County Road 48, approximately 1,251' elo Youngs Avenue in Southold. SCTM #1000- 55-5-10; and WHEREAS, ONR LLC is the owner of the property located on the slslo Suffolk County Road 48, approximately 1,251' elo Youngs Avenue in Southold; and WHEREAS, on April 28, 2006, the agent, Steve Fontana working for the applicant, Dr. Scott Sheren, submitted a new formal site plan for approval; and WHEREAS, on May 4, 2006, the Architectural Review Committee reviewed the architectural drawings and associated site plan materials and approved the project subject to conditions; and Southold Town Planninq Board Paqe Twentv-Two Julv 24. 2006 WHEREAS, on May 26, 2006, the Suffolk County Department of Public Works responded after review and approved the project under permit number 48-219; and WHEREAS, on June 12, 2006, the Southold Town Planning Board, acting under the State Environmental Quality Review Act (6 NYCRR), Part 617.5 c, makes a determination that the proposed action is a Type II and not subject to review; and WHEREAS, on June 14,2006, the South old Fire District responded that no additional requirements and/or recommendations for fire access are necessary; and WHEREAS, on June 21, 2006, 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 June 22, 2006, the Suffolk County Department of Health Services responded after review and approved the project under reference number C1 0-06-0008; and WHEREAS, on July 6, 2006, the South old Town Engineer reviewed the proposed site plan and requested further information; and WHEREAS, on July 12, 2006, the South old Town Engineer reviewed the revised site plan materials and replied that all items have been addressed in a satisfactory manner; and WHEREAS, on July 14, 2006, the Southold Town Building Inspector reviewed and certified the site plan for a "Professional Office" use; and WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has received affidavits that the applicant has complied with the notification provisions; and WHEREAS, the following items shall be required: 1. The applicant agrees to be bound by all of the requirements in the Declaration of Covenants & Restrictions for a cross access easement agreement date received July 11,2006 as approved by the South old Town Planning Board on July 17, 2006 with the noted changes. 2. 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. Southold Town Planninq Board Paqe Twentv-Three Julv 24. 2006 3. All signs shall meet South old Town Zoning Codes and shall be subject to approval of the Southold Town Building Inspector. 4. As per the landscape survivability guarantee, the applicant agrees to replace any of the landscaping which dies within three (3) years of planting; be it therefore RESOLVED, that the South old Town Planning Board has reviewed the proposed action under the policies of the Town of South old Local Waterfront Revitalization Program and has determined that the action is consistent provided that the best management practices outlined in the July 10, 2006 memo prepared by the LWRP Coordinator are implemented; Joseph Townsend: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: and be it further RESOLVED, that pursuant to Southold Town Code 100-254 Part I, 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; Joseph Townsend: Second. Chairperson Woodhouse: All in favor? Aves. Chairperson Woodhouse: and be it further RESOLVED, that the Southold Town Planning Board grant approval on the site plan drawings SP-1, SP-2, LP-1, A-1 & A-2 prepared by CBD Group and certified by Stephen S. Fontana, R.A. dated April 26, 2006 and last revised July 7,2006 and authorize the Chairperson to endorse the site plans with the following conditions: 1. The applicant agrees to file and record Declaration of Covenants and Restrictions for a cross access agreement as approved by the Southold Town Planning Board in the Office of the Suffolk County Clerk within sixty (60) days ownership of the subject parcel. A copy of the filed Declaration of Covenants and Restriction for a cross access agreement must be submitted to the Southold Town Planning Department within thirty (30) days of receipt. This requirement must be met within six (6) months of the resolution and if applicant/agent/owner fails to adhere to this requirement within the prescribed time periods, this approval shall become null and void. South old Town Planninq Board Paqe Twenty-Four Julv 24. 2006 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, in writing, 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. Prior to the request for an on-site inspection, the applicant/agent/owner must submit a copy of all required approvals from any necessary agencies to the Southold Town Planning Department. 5. All conditions of Suffolk County Department of Public Works permit number 48-219 must be completed. Any changes in the approved permit must be submitted to this office for review. If such approval varies from this approved site plan, the Planning Board reserves the right to review a new site plan. 6. 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. 7. Any changes from the approved 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. Joseph Townsend: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? The motion carries. **************************************************** Setting of Preliminary Hearings: 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 south side of Sound Avenue, approximately 799' west of Factory Avenue in Mattituck. SCTM#1000-122-2-24.1 Southold Town Planninq Board Paqe Twenty-Five Julv 24. 2006 The property is located on the south side of Sound Avenue, approximately 799' west of Factory Avenue in Mattituck. SCTM#1000-122-2-24.1 Chairperson Woodhouse: 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 on February 13, 2006, the Southold Town Planning Board granted conditional sketch approval upon the map prepared by John C. Ehlers, L.S. dated June 3,2005 and last revised September 15, 2005; and WHEREAS on June 28, 2006, the applicant submitted an Application for Preliminary Plat Approval, application fee, a draft copy of the Declaration of Covenants and Restrictions, and the preliminary map prepared by John C. Ehlers, L.S. dated June 3, 2005 and last revised June 26, 2006; and WHEREAS the Planning Board reviewed the aforementioned materials at their work session on July 17, 2006 and found that the application for preliminary plat approval is complete; be it therefore RESOLVED, that the Southold Town Planning Board set Monday August 14, 2006 at 6:20 p.m. for a preliminary public hearing on the maps prepared by John C. Ehlers, L.S. dated June 3, 2005 and last revised June 26, 2006. Chairperson Woodhouse: Is there a second? Georqe Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: The public hearing is set. ************************************************* 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 east side of Sound View Avenue, approximately 932 feet north of Mill Road in Peconic. SCTM#1000-68-4-16.1 Southold Town Planninq Board Paqe Twentv-Six Julv 24. 2006 Joseoh Townsend: 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 April 10, 2006, the Southold Town Planning Board granted conditional sketch approval upon the map prepared by Stanley J. Isaksen, L.S. dated August 12, 1999 and last revised November 3, 2005; and WHEREAS on April 27, 2006, the applicant submitted the preliminary map prepared by Stanley J. Isaksen, L.S. dated August 12, 1999 and last revised April 24, 2006; and WHEREAS on June 14,2006, the applicant submitted a draft copy of the Declaration of Covenants and Restrictions, which was reviewed by the Planning Board at their work session on June 26, 2006; and WHEREAS on July 13, 2006, the applicant submitted a revised draft copy of the Declaration of Covenants and Restrictions with the changes as required by the Planning Board; and WHEREAS on July 18, 2006, the applicant submitted an Application for Preliminary Plat Approval; be it therefore RESOLVED, that the Southold Town Planning Board set Monday August 14, 2006 at 6:15 p.m. for a preliminary public hearing on the maps prepared by Stanley J. Isaksen, L.S. dated August 12,1999 and last revised April 24, 2006. Georqe Solomon: Second. Chairperson Woodhouse: All in favor? Aves. Chairperson Woodhouse: Opposed? The motion carries. ***************************************** Conditional Sketch Determinations: Shur. Randv: This proposal is for a Conservation Subdivision to subdivide a 16.7076- acre parcel into two lots where Lot 1 is 3.4805 acres and is currently improved with a single-family residence and accessory structures, and Lot 2 equals 13.2271 acres upon which the development rights are proposed to be sold to the Town of Southold. The Southold Town Planninq Board Paqe Twentv-Seven Julv 24. 2006 property is located at the terminus of Sound View Avenue, east of Saltaire Way in Mattituck. SCTM#1000-94-3-1.6 Georqe Solomon: WHEREAS, this proposal is for an 80/60 Conservation Subdivision to subdivide a 16.7076-acre parcel into two lots where Lot 1 is 3.4805 acres and is currently improved with a single-family residence and accessory structures, and Lot 2 equals 13.2271 acres upon which the development rights are proposed to be sold to the Town of Southold; and WHEREAS, an application for sketch approval was submitted to the Planning Board on July 12, 2006 and includes the subdivision map prepared by John C. Ehlers dated June 30,2006 and last revised on July 7,2006; and WHEREAS, the Southold Town Planning Board reviewed and discussed this proposal at several work sessions prior to the submission of the formal application and determined that no significant impacts will occur as a result of this subdivision because no new residential lots are being proposed; be it therefore RESOLVED, that in consideration of the preservation and density reduction components of the project, the Southold Town Planning Board hereby waives the Existing Resources and Site Analysis Plan (ERSAP) requirement pursuant to Section 240-10A of the Town Code; Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? And that motion carries. Georqe Solomon: and be it further 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. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? And that motion carries. South old Town Planninq Board Paqe Twentv-Eiqht Julv 24. 2006 Geome Solomon: and be it further RESOLVED, that because no new residential lots are being created, the Park and Playground Fee is not required for this project; Chairperson Woodhouse: Second. All in favor? Ayes. Chairperson Woodhouse: Opposed? And that motion carries. Georqe Solomon: and be it further RESOLVED, that the Southold Town Planning Board hereby finds the proposal to be consistent with the Local Waterfront Revitalization Plan (LWRP), based on the recommendation from the LWRP Coordinator; Chairperson Woodhouse: Second. All in favor? Ayes. Chairperson Woodhouse: Opposed? And that motion carries. Georqe Solomon: and be it further RESOLVED, that the Southold Town Planning Board hereby grant Sketch Approval upon the map prepared by John C. Ehlers dated June 30,2006 and last revised on July 7,2006, subject to the following conditions: 1) Submission of the application for Final Plat Approval and fee in the amount of $500. The final map shall contain the following revisions: i) Add a notation that states "The final map shall be rendered null and void and the approval of the subdivision invalid in the event the closing of the development rights sale is not completed and proof of such closing in not submitted to the South old Town Planning Board." ii) Add a notation that states "The Southold Town Building Department shall not issue building permits for any lot depicted on the final map until the development rights sale is completed in accordance with the approved map and proof of such closing is submitted to the South old Town Planning Board." iii) Indicate whether the greenhouse will be removed or relocated to conform to the required setbacks. iv) Label the improved parcel as "Lot 1" and the PDR parcel as "Lot 2." v) The final map shall contain the Health Department stamp of approval. South old Town Plan nino Board Paoe Twenty-Nine Julv 24. 2006 2) Submission of draft Covenants and Restrictions which contain the following clauses: i) "The final map shall be rendered null and void and the approval of the subdivision invalid in the event the closing of the development rights sale is not completed and proof of such closing in not submitted to the Southold Town Planning Board." ii) "The Southold Town Building Department shall not issue building permits for any lot depicted on the final map until the development rights sale is completed in accordance with the approved map and proof of such closing is submitted to the Southold Town Planning Board." iii) "By this Declaration, future residents of the lots which comprise the subdivision are advised that the lots may be subject to noise, dust and odors normally associated with agricultural activities pursuant to Article XXII, Farmland Bill of Rights, of the Southold Town Code." iv) There shall be no further subdivision of Lot 1, in perpetuity. v) The scenic/no structure area on Lot 2 as shown on the approved subdivision map shall remain free of all structures. Chairperson Woodhouse: Second. All in favor? Ayes. Chairperson Woodhouse: Opposed? This resolution is approved. ****************************************************************** Chairperson Woodhouse: Is there any other item before we adjourn? I will entertain a motion to adjourn, and then we will go back into our Work Session. Ken Edwards: So moved. Georoe Solomon: Second. Chairperson Woodhouse: We are adjourned. *********************************** Southold Town Planninq Board Paqe Thirtv Julv 24. 2006 There being no further business to come before the Board, the meeting adjourned at 7:10 p.m. Respectfully submitted, c-t2~oLL ~ Linda Randolph Secretary . Woodhouse, Chairperson