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HomeMy WebLinkAboutPB-02/13/2006 MAIUNG ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 JERILYN B. WOODHOUSE Southold, NY 11971 Chair OFFICE WCATION: KENNETH L. EDWARDS Town Hall Annex MARTIN H. SIDOR 54375 State Route 25 GEORGE D. SOLOMON (cor. Main Rd. & Youngs Ave.) JOSEPH L. TOWNSEND Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD PUBLIC MEETING MINUTES RECEIVED Monday, February 13, 2006 OCT 1 9 2006 6:00 p.m. 3'. lOp.....,. Southold Town Clerk Present were: Jerilyn B. Woodhouse, Chairperson Joseph L. Townsend, Member Kenneth L. Edwards, Member Martin H. Sidor, Member George D. Solomon, Member Mark Terry, Senior Environmental Planner Anthony Trezza, Senior Planner Bruno Semon, Senior Site Plan Reviewer Victor L'Eplattenier, Planner Linda Randolph, Secretary SETTING OF THE NEXT PLANNING BOARD MEETING Chairperson Woodhouse: Good evening and welcome to the February13th meeting of the Southold Town Planning Board. For our first order of business, we are going to set our next meeting for Monday, March 13,2006 at 6:00 p.m. at the Southold Town Hall, Main Road, Southold, for our regularly scheduled meeting. Ken Edwards: So moved. Chairperson Woodhouse:. Do I hear a second? Georae Solomon: Second. Chairperson Woodhouse: All in favor? Aves. Chairperson Woodhouse: The motion carries. South old Town Plannina Board Paae Two February 13. 2006 Chairperson Woodhouse: We have a number of public hearings tonight. There will be opportunities for the public to address the Board. We ask that when you would like to speak, when it's time to do so, that you step up to either of the two microphones; there is a piece of paper there and a pen. Please print your name clearly so that when we transcribe our minutes we have an accurate record as to who you are. PUBLIC HEARINGS 6:00 O.m. Matt-a-Mar Marina Exoansion: This proposed amended site plan is for new boat storage building of 28,480 sq. ft. and new 2-story office of 6,778 sq. ft. on an 8.5- acre parcel in the M-II Zone located on the w/s/o Wickham Avenue approximately 210' n/o Freeman Avenue, known as 2255 Wickham Ave in Mattituck. SCTM#1000-114-3-1 Is there anyone here who would like to speak on behalf of the applicant? Patricia Moore: I have with me this evening Michael and Monica Raynor, the owners of the property, and Brett Kehl from East End Design Associates, to answer any questions the Board might have. This has been a very long process. I know at the work session you talked about how we worked with the Board to try to give you the best plan possible. This is an existing marina with an existing building that had gotten full site plan approval. We came in to amend the original site plan to include the addition of the boat building, remove the old office and put in a nice office as part of the addition. We have provided for additional landscaping. We have incorporated a great deal of landscaping into this project. We have also provided a great deal of drainage to this project. One issue which came up at the work session I do want to put on the record: we did submit the LWRP form back in June '05. The Code provides that you have a 30-day window where if you do not have a response you have a right, through incorporating it into the resolution, you adopt the LWRP policies so you don't have to delay projects where there has already been a 30-day wait. Given that it started in June, we have had much more than 30 days. Also, the LWRP, the SEQRA process, we have been reviewed very extensively on this project and, at this point, you should feel comfortable that the project you approve will withstand any challenge. We are certainly comfortable with that. So, we hope that you will act on the application. We have made an application to the Health Department. It is pending only for the SEQRA. It is ready to be approved but we are awaiting the SEQRA resolution in order to get our final Health Department approval. DEC had approved this a long time ago; Trustees had approved this as well a very long time ago. The pollution control plan was completed, we have an NOI and I will provide that for the Board tomorrow. If I find it tonight I will give it to you tonight, but otherwise I will submit it. But we do have everything ready. As I said, the Health Dept. is the only reason we don't have the approval is because we don't have the SEQRA determination, and that has been a long wait. I will sit down to entertain any questions you might have, and we thank you for your cooperation and look forward to building. Thank you. Chairperson Woodhouse: Thank you. Is there anyone else who would like to address the Board on this application? Southold Town Plannina Board Paae Three February 13. 2006 Paul Murphv: Good evening. I am a resident of Brower Woods Section, Mattituck. We want to go on record, myself personally, and the members of the Brower Woods Association, that we are against the request of the Matt-a-Mar Marina, and we have a letter here outlining the reasons why we think it should not be granted. Should I read the letter or just hand it to you? Ken Edwards: Read it. Chairperson Woodhouse: You can read the letter if it's a short letter. Paul Murphv: Yes. "Dear Planning Board Members: I am the past president and present member of the Brower Woods Homeowners Association. This correspondence is to confirm my objection and the objections of many of my neighbors to Matt-a-Mar Marina on the Sound's present application to expand the storage facilities. Specific objections are as follows: the present proposal does not conform to the parking requirements of the Town Code. The applicant's submission indicates that 247 parking places are required. The present proposal does not provide for those parking spaces. The proposed map that was forwarded to my neighbors yesterday shows 55 spaces along the southern boundary as existing spaces. These spaces do not exist and that area is used for boat storage. Further, it appears the required 9' width is not provided for with regard to those spaces. The map we examined did not show the area where the boat racks are located. Before the Trustees, there was a representation that these racks would be along the north and west sides of the existing storage building, which was to decrease the impact and maintain the residential atmosphere of the surrounding areas. I understand that there was a representation at the time that the storage racks were temporary and would be removed no later than May. It is my observation and other members of the Association, that the racks have not been removed since construction. I am unable to tell from the proposed map provided to the neighbors if there are parking spaces proposed or represented as existing in that area. But if there is, the space should not be counted. In any event, the placement of the storage racks should be part of the Board's requirements and the racks, if permitted, should be required to be placed along the storage buildings in accordance with the representation made to the Trustees. It is rumored that an element of the proposal is to provide for parking spaces within the storage structure. The storage area requires parking spaces; hence, the area cannot serve as a parking area that is required before the storage space is approved. The result is contrary to the Code. In addition, a parking garage is not permitted use in the zoning district wherein the property is located. Yours very truly, Paul Murphy." Chairperson Woodhouse: Thank you. Would anybody like to respond to that? Patricia Moore: With regard to the boat racks, I will remind the Board that the seasonal boat racks that are actually on the northeast side of the property did not require site plan approval pursuant to the Building Department's determination. However, the Planning Board, during the process of getting the site plan, asked us to place on the site plan the area of the temporary seasonal boat racks. A marina is a seasonal use. In the winter, the boats are stored in racks, shrink wrapped, and by May people are -- - South old Town Plannina Board Paae Four February 13. 2006 screaming to have their boats in the water. Michael Raynor can testify for the Board that the racks do come down and the boats are prepared for summer season. Again, that was not a requirement of the Building Department; however we voluntarily put it on the site plan. With respect to parking, our zoning code is excessive in the determination of parking. The boat storage building is covering an area that is already in use for the repairs to the boats. It has not generated additional parking; it will not generate additional parking because it is covering an area that is already in use. However, because the code asks us to label each of the parking spaces, we placed the extra parking spaces inside the boat storage building. Again, because it's a seasonal use, there is flexibility in the placement of parking. It is crushed stone parking so, to the extent that it's 9' vs. 10' in fact, the parking spaces, if you look at the northeast parking area, are actually identified as 10' parking spaces, correct? Ken Edwards: Correct. Patricia Moore: So, they are more than 9'. We have, I think through a very thorough review with Bruno and staff, allocated over the top in parking needs. Remember, this is an amendment to an existing site plan. The use of the restaurant is the same as it was before. The boat storage area is a continuation of a use that's already there. The office is replacing an office that was already there. So, because our code requires us to meet the literal description of the code and the site plan has to identify the parking spots, we do that. And this site plan accomplishes that. However, common sense also tells you that on the seasonal use, this parking is more than what is necessary. In fact, I had Michael Raynor provide in affidavit form, proof to the Board in your file as to the actual use and we gave you actual numbers during the height of the season as to what the parking needs are of the property. So, we appreciate Browers Woods' comments, but we think they have been addressed; the Board has already considered those comments before they were raised and the site plan does provide for it. The parking calculations affidavit was during Memorial Day Weekend, which was peak season. Michael Ravnor: The boat racks are there exactly what we discussed with Mike Verity. We signed off "no site plan requirement" and the Building Department accepted that boat racks are way gone by May and they're back up I'd say in November because that's when everybody's coming out of the water. Are there any questions for me? Bruno Semon: the Board needs to be aware that the Building Department did weigh in on that; that was a different site plan application; it was an amended application just for the boat racks. The boat racks that were actually applied for at that time did not need a site plan under the current status of the Building Department and are being included on this site plan just for location to show that they are there, but do not even need a building permit. Brett Kehl: According to the Town, we are required 247 parking spots and we have come up with 252 by using the buildings, but we found out that even during our peak time, it wasn't even anywhere close to that, not even half, that was required. But we have a lot that we've land-banked, just so that we could let trees grow instead of clear cutting everything. On our drainage, we have left a lot of gravel areas for porous Southold Town Plannina Board Paae Five February 13. 2006 material to allow the rain to go into the ground, plus we have also put in rinas to make sure there was no runoff, so we're covered both ways and we've actually doubled the amount of drainage we have. Thank you. Chairperson Woodhouse: Thank you. Is there anyone else who would like to address the Board on this application? Yes, sir? Paul Murphv: This shouldn't be an arguing contest or anything like that. We go by the Town Code, and where they said it was 247 parking spaces. 55 of the parking spaces are so outlined on the map we received on the south side of the present storage building extending 450' from the start to the western end of it. But the area they're talking about, if any of the people right here or anybody in the audience would like to go down and physically look at what they're saying where they would put 55 parking things is probably a virtual impossibility to put a minimum of 16' x 9' which the Town requests for parking spaces, and a 16' alley way; they would be halfway out in the water up Peter's Creek. So it's absolutely sinful that they can make statements like that. Chairperson Woodhouse: Mr. Semon, you have the map in front of you, could you respond to that? Bruno Semon: Mr. Murphy, I'm not certain if you're looking at the same site plan that we currently have. Did you look at the one that's out on the window? Because on the south side of the site plan that's being approved by the Planning Board, or looked at... Paul Murphv: Who's talking? Bruno Semon: Sir, it's me, actually on the left or right side, right here. I just want to let you know that there are 25 car spaces shown on the south side of the property of the building, and they are running parallel with the bulkhead. Paul Murphv: The map was just handed to me this weekend. Somebody gave it to us this weekend. Patricia Moore: OK. (showing him the map) Here are the 20' spaces; they run parallel to the bulkhead, they run along the bulkhead. Paul Murphv: I'm sorry then, because the one we have are perpendicular. Patricia Moore: Oh. All right, I know. They're very, very old. Paul Murphv: This is the one that was handed to us, and this is why we are down here wondering why. The reason we are doing this, not to be lousy neighbors or anything else. Since time immemorial, this Matt-a-Mar Marina has flaunted, in my opinion, every law and every request ever made by the Town to do things. The building was put up too high, too close to the water. Magically, the Trustees, the Zoning Board, the Planning Board approved everything. We were told the racks were going to be put up ---- ------------ Southold Town Plannina Board Paae Six February 13. 2006 perpendicular to the north side and west side of the building, so it would maintain some semblance of a non-commercial business spoiling the residential looks of the surrounding neighborhood. These are all the things we were concerned about. We were concerned about the additional traffic being generated by making twice or over twice the amount of storage. Common sense says if you have twice the amount of boats stored there, you should have twice the amount of traffic going in and out of a road that is made very dangerous, to be polite, and very accident-prone, to be specific. These are our concerns. Not the concerns to do away with anybody having a legitimate good business, but to live the way the Town has cause and everything, to live to what our requests and thoughts are. We're not just there to pay taxes and to allow businesses to do what they want to do. We are not doing anything about the present owners; the previous owners were not just as bad but were at fault in a lot of things. We don't know anything about the present owners now except that they are requesting approval of the Planning Board to do something we personally think is not right. That's all. Thank you. Bruno Semon: Just one last thing for the Board to be aware of. That application for the boat racks was under the previous owner, it is not under the current owner. It's actually being closed out if this goes forward and being eliminated at this point, withdrawn. Chairperson Woodhouse: I'm sorry, what would be eliminated? Bruno Semon: That amended site plan application for the boat racks, which we can't process anyway. Chairperson Woodhouse: OK. Is there anyone else who has a comment or question for the Board? Hearing none, I will entertain a motion to close this hearing. Georae Solomon: So moved. Chairperson Woodhouse: Is there a second? Joseph Townsend: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? And the motion carries. We are going to read the resolutions, and those of you who are here from the community, I want you to listen carefully as we read the resolutions. But first, in doing so, Mr. Solomon, would you add the "Whereas, the following five items shall be required"? Georae Solomon: Sure. Chairperson Woodhouse: These are the conditions that are part of this resolution. - Southold Town Plannina Board Paae Seven February 13. 2006 Georae Solomon: WHEREAS, the proposed action involves an amended site plan for a new boat storage building of 28,480 sq. ft. and new 2-story office with storage of 5,738 sq. ft. on an 8.5-acre parcel in the M-II Zone located approximately 210' n/o Freeman Avenue on the w/s/o Wickham Avenue, known as 2255 Wickham Avenue, Mattituck, SCTM#1000-114-3-1; and WHEREAS, the applicant and owner, Matt-A-Mar Marina, LLC proposes an amended site plan on an 8.5-acre parcel in the M-II Zone located approximately 210' n/o Freeman Avenue on the w/s/o Wickham Avenue, known as 2255 Wickham Avenue, Mattituck; and WHEREAS, on November 21, 2003, the agent, Patricia C. Moore, Esq., submitted a formal site plan application for approval; and WHEREAS, on January 21, 2004, the Southold Town Trustees reviewed and approved the proposed construction under permit number 5844 and the Planning Board has accepted the approval; and WHEREAS, on April 14, 2004, the Mattituck Fire District responded with the recommendation that "one SCWA hydrant be installed and connected to the existing SCWA main with the MFD thread specifications at the driveway entrance to the Matt-A- Mar Marina on Wickham Avenue" and the Planning Board has accepted the Fire District's recommendation; and WHEREAS, on May 27, 2004, the Architectural Review Committee reviewed the architectural drawings and associated site plan materials and approved the application subject to the review of the siding and roof materials for the office; and WHEREAS, on June 3, 2004, the South old Town Zoning Board of Appeals approved the construction by granting a variance under appeal number 5494 with conditions, and the Planning Board incorporates the approval in this amended site plan; and WHEREAS, on December 9, 2004, the New York Department of Environmental Control approved the proposed construction under permit number 1-4738-00306/00018 and the Planning Board has accepted the approval; and WHEREAS, on January 24, 2005, the Southold Town Building Inspector reviewed and certified the site plan for "Boatyard" use; and WHEREAS, on March 15, 2005 the South old Town Planning Board, pursuant to 6 NYCRR Section 617.6, started the lead agency coordination process on this Unlisted Action; and WHEREAS, on May 10, 2005 the Southold Town Planning Board established itself as the lead agency for the proposed action pursuant to 6 NYCRR Section 617.6; and Southold Town Plannina Board Paae Eiaht February 13. 2006 WHEREAS, the Southold Town Planning Board retained Nelson, Pope and Voorhis, LLC (NPV) to review the Long Environmental Assessment Form for further completeness and potential adverse impacts to Mattituck as a result of the proposed action, on July 5, 2005 NPV submitted a report named "Matt-A-Mar LLC @ Mattituck" and the Planning Board accepted the report; and WHEREAS, on August 9, 2005, the Planning Board postponed issuing a determination of significance pending receipt of supplemental information; and WHEREAS, on September 23, 2005, the applicant's agent, Patricia Moore, submitted a letter in response to the NPV report; and WHEREAS, on October 31, 2005, NPV reviewed the letter submitted and indicated items are still not addressed and will require additional review with a new site plan; and WHEREAS, on November 8, 2005, the Planning Board postponed issuing a determination of significance pending receipt of supplemental information; and WHEREAS, on November 30, 2005, the Southold Town Engineer reviewed the amended site plan materials and the Planning Board incorporates his recommendations in this amended site plan; and WHEREAS, on December 6, 2005, the applicant's agent, Patricia Moore, submitted a letter and response to the NPV letter from James J. Deerkoski, PE; and WHEREAS, on December 16, 2005, the South old Town Engineer reviewed the amended site plan materials and approved the proposed drainage with conditions and the Planning Board incorporates his recommendations in this amended site plan; and WHEREAS, on January 6, 2006, NPV submitted a letter indicating the "site plan has been modified such that the project is not expected to have a significant adverse impact on the environment" and the Planning Board accepts this recommendation; and WHEREAS, on January 27,2006, the agent, Patricia Moore, submitted a letter to withdraw the amended site plan application received by the Planning Department on October 17, 2002 for the construction of Boat Racks and the Planning Board accepts the withdrawal and will close the amended site plan application; and WHEREAS, on January 30, 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, 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 - ---- ------------------------- --------- ------ South old Town Plannina Board Paae Nine February 13. 2006 WHEREAS, the following five 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 the Town Code requirements. 2. The owner shall install one SCWA hydrant connected to the existing SCWA main with the MFD thread specifications at the driveway entrance to the Matt-A-Mar Marina on Wickham Avenue. 3. The applicant must obtain a SPDES General Permit (NYR-1 OH057) for Storm Water Discharges (General Permit Number GP-02-01) from the New York State Department of Environmental Conservation for the construction activities. 4. All signs shall meet South old Town Zoning Codes and shall be subject to approval of the Southold Town Building Inspector. 5. Landscape survivability guarantee: the applicanUagenUowner agrees to replace any of the landscape which dies within three years of planting; be it therefore RESOLVED, that on February 13, 2006, the Southold Town Planning Board, acting under the State Environmental Quality Review Act (6 NYCRR), Part 617.6, performed a review of this unlisted action and, as lead agency, made a determination of non- significance and grants a Negative Declaration; Chairperson Woodhouse: Second? Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion carries. Please continue. Georae Solomon: and be it FURTHER RESOLVED, pursuant to South old Town Code 100-254 Part I, the agent, applicant and/or owner agree 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: Is there a second? Martin Sidor: Second. Chairperson Woodhouse: All in favor? ------ ------ ------ ---- - Southold Town Plannina Board Paae Ten February 13, 2006 Patricia Moore: I have just one question, I'm sorry. When you're talking about signs, you don't say new signs in the resolution, you just say signs. Bruno Semon: Basically any signs on the property need to conform. The Building Dept. regulates that as you know under the Town Code. Patricia Moore: Preexisting signs usually are not part of the resolutions. Bruno Semon: Whatever signage you change or do. Chairperson Woodhouse: We had a second on this resolution. All in favor? Ayes. Chairperson Woodhouse: Opposed? That resolution carries. Paul Murphv: Can I ask a fast question? I understood you're saying "roads." There's only one road throughout that property, and that's probably about 20% of the circumference of the property. Chairperson Woodhouse: The language is "properties and roadways" Paul Murphv: That's exactly right. Now, does it say anything about the waterways? The property on the waterways? Chairperson Woodhouse: It says "not visible from adjacent properties and roadways." Paul Murphv: All adjacent properties: whether they are 20' away on creek or 60' away on the long creek or 100' away on the main creek, I assume. Joseph Townsend: Correct. Paul Murphv: Then what I said goes in the minutes. That what I said was correct. Chairoerson Woodhouse: The language that was read stated: "all outdoor lighting shall be shielded so that the light source is not visible from adjacent properties and roadways." Paul Murphv: Then everybody does know that the lights (inaudible) Chairperson Woodhouse: Correct. The third resolution? Georae Solomon: 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; - ---- ----- South old Town Plannina Board Paae Eleven February 13. 2006 Chairperson Woodhouse: Is there a second? Joseph Townsend: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That resolution carries. Georae Solomon: and be it further RESOLVED, that the South old Town Planning Board grant approval on the site plan prepared by East End Design Associates, LLC. and certified by James J. Deerkoski, Professional Engineer, dated January 18, 2004 and last revised January 9, 2006 and authorize the Chairperson to endorse the approved site plans with the following conditions: 1) The owner, agent and/or applicant shall receive approval from the Suffolk County Department of Health Services for the approved construction and submit such approval to the South old 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 plan shall be completed within three (3) years from the date of this resolution. 3) Prior to the request of 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 site plan. 4) If the as built site improvements vary from the approved site plan, the Planning Board reserves the right to request a certified as built site plan detailing all changes. 5) Any changes from the approved site plan shall require Planning Board approval and any such changes without Planning Board will be subject to referral to the Town Attorneys office for possible legal action. 6) The owner shall submit to the Planning Department for review by the Architectural Review Committee the siding and roof materials for the office prior to construction and installation. 7) The owner shall be subject to all the requirements of the Southold Town Zoning Board of Appeals variance approval under appeal number 5494. South old Town Plannina Board Paae Twelve February 13. 2006 8) The owner shall apply for and obtain a South old Town Road Opening Permit prior to construction of the hydrant. 9) The owner shall be subject to all the requirements of the South old Town Engineer recommendations noted on the letters dated November 30, 2005 and December 16, 2005. 10) The owner shall be subject to all the requirements of the Southold Town Trustees approval under permit number 5844. Chairperson Woodhouse: Do I have a second? Joseph Townsend: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion carries. Bruno Semon: Madame Chairperson; one correction: I believe the date on that last revision of the site plan should be 2006, not 2005. So it should be January 9, 2006. Chairperson Woodhouse: OK, I see that. 2006. Thank you. ******************************************************* 6:05 D.m. - 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 n/s/o Main Bayview Road, approximately 325' e/o Smith Drive South in Southold. SCTM# 1000-78-7-5.3 & 5.4 Chairperson Woodhouse: Is there someone here who would like to speak on behalf of this application? Is there anyone who would like to speak on this application? Mark Baxter: I don't really have anything to say; all my paperwork has been filed. I don't really have much to say about it. All the paperwork that we have done over the last three years, you have it in your files. Chairperson Woodhouse: Is there anyone who has a question for Mr. Baxter? Yes. Eric Auer: I live on the corner. I am opposing this. I would have liked to know what his original setback was when he built his house. I have pictures of the property where he wants to build, yesterday what it looked like; it was under water. (Pictures are passed South old Town Plannina Board Paae Thirteen February 13. 2006 around to the Board Members) I don't know if you want to keep this in your file or something. I have even more pictures. As you can tell, it is surrounded by water. This one looks at the back of his yard. This is what it looks like. Cattails. More water. The pictures speak for themselves, I really don't. I'd like to know where was the wetlands line back then when he built his house. Chairperson Woodhouse: Have the Trustees looked at this? Eric Auer: I don't think; I don't know. Anthonv Trezza: Two things; with respect to the Trustees looking at this property, we have in the file from the Trustees, they went out and verified the wetlands lines as depicted on the survey. They even went back and made them change the line, we made them revise the survey. So the Trustees did go out there. I am not suggesting that there isn't flooding; I believe that there is water there. So we do have that on record from the Trustees; they even went so far as to say that the proposed residence is over 100' from their wetlands line and therefore no permit needed from the Trustees. Of course, I think that the Building Department will send it back to them, a determination when they actually go to get a building permit. As for the original setback for the wetlands, this was brought to my attention today, but we cannot get into the system to take a look at the original permit at this time. So, I'll go through what I recommend after the public speaks, but we don't know what the original permit had on there as a wetlands line. Eric Auer: Is there a DEC permit for this land? Can I get that number? Anthonv Trezza: Yes, it's in the file. Eric Auer: Approved? Anthonv Trezza: It's for I believe a subdivision, not for the construction. We get a permit for the subdivision. The Building Department, when they go to get a building permit, should be asking for the DEC permit, too. Or a letter of non-jurisdiction or some docu mentation. Eric Auer: Can we at least look into the soil samples that were taken there? As far as I know, that was spoiled from the dredging. Anthonv Trezza: It comes up as filled land, if you look on the soil survey it does show up, even on our system... Eric Auer: And how would the fill get there? How would topsoil and sand get there? Would it just magically appear? Chairperson Woodhouse: The proposal before us is to subdivide the 6.789-acre parcel into two lots: Lot 1 will equal 4.4417 acres and Lot 2 will equal 2.3841 acres. This is Southold Town Plannina Board Paae Fourteen February 13, 2006 just the subdivision part of this piece of land. Is there anyone else who would like to address the Board on this subdivision? Wavne Swiatocha: I am a very good friend of Paula Ohlman who has lived two lots away from Mr. Baxter for 40 years. And her grandmother lived adjacent to Mr. Baxter. Her daughter, Mrs. Carasotto, received a letter about this subdivision and we started looking into it a little bit. Just to give you a little bit of; I won't get into all the wetlands acts and all those things, I know NYS is trying to save wetlands; I know that in Article 14 Section 4 the New York Constitution mandates protection of State's wetlands. And I would say that the importance of the wetlands of course is for marine food production, wildlife habitat, flood and storm and hurricane control, recreation cleansing ecosystems and open space and aesthetic appreciation. I would say that under aesthetic appreciation, there are three houses that look directly at this site. If they are looking out onto wetlands I think they consider that a big value to their property. To put a house out in the middle of that I think they would find intrusive. Also, these wetlands originally and I am just going to bring this up: I have a few pictures that were taken in the 1960's. In these pictures you can see that there was water. This was before this water was dredged. It will show that this land, before it was dredged, the wetlands came almost up to the back of these houses. When the wetland was dredged, and you can see on that picture that I drew, a dredge line all around the wetlands. I know they no longer do that in Southold Town, but back in the '60's they did do that. There is a break in that dredge and you can see on that picture that part of this has really regenerated itself as wetlands. And basically that's just those pictures, from what it looked like before the dredging was actually done. And I think that most people agree that you do not dump dredged soil on wetlands anymore. That doesn't happen; it's dredged and put someplace else. Whether it ever should have been done in the first place, I don't know. It probably shouldn't have. And there's a whole dyke that runs all along that, that you can see, where it's all dredged soil behind that. The next thing I'd like to show you is just some pictures from 1993 that were taken. With those pictures on those maps I have indicated by number where those pictures were taken from and in what direction the pictures were taken. I know that FEMA says that this land has a 25% chance of flooding in a 30-year mortgage. Well, this land flooded yesterday, it flooded in November, it has flooded numerous times and '93 was one of the worst floods. I think those pictures speak volumes as to what it was like in '93. The next thing I would like to show is: now the first picture that I handed you is an overhead aerial view probably taken in the last four or five years, 'cause it's from Google Images. The other picture was probably taken in the 70's and is the actual DEC classification of the area. They put it down as dredged spoil. I think you can see that outer bank where the dyke is that has been broken through. I would also ask you to compare the DEC picture before Mr. Baxter's house was built, which is mostly woods, and you see marsh behind it. You also see that Mr. Baxter has cut down cattails behind his house. As neighbors, I think the Ohlman's felt, well, this is what he wants to do with his land, this is a nice thing, we'll be neighborly, we won't say anything South old Town Plannina Board Paae Fifteen February 13. 2006 about it. He also subsequently put a flagpole and a shed out there, which I don't think anybody minded too much. What I question is: was there ever any fill put on this land? And, by clearing the phragmites on this land, are you actually clearing wetlands; and should this be classified as wetlands? The pictures I submitted to you so far I don't have copies of; so I'd like to have them back. I am going to submit those. The houses that you see, the small house, is actually part of Carosotto's which is right next door where you sawall the water around the house. The pictures taken are from Carosotto's property looking backwards towards the flagpole on Mr. Baxter's property. There probably are also some other pictures taken from the Ohlman home, which is immediately adjacent to the Carosotto home. The pictures that I just gave you, the whole, there's a large stack there, they are indicated on the map where they were taken and at what angles they were taken. I have copies of all those, so those I don't expect you to go through all this at this time, but I will submit them for you to take a look at. And again, I am going to do the same thing for the pictures that I just handed you which were taken yesterday, which would be what I would consider a minor flooding event. The pictures from '93 I would consider a major flooding event. I think that this land lies within a flood plane; I think that anything that's going to be done to this land to raise the grade for a house, to do any kind of grading on that property, is going to affect the property owners surrounding the area. Chairperson Woodhouse: Could you just give us a minute so that we can get our bearings on these photos, please? (Board and Staff review photos) Did you have anything that you would like to add to that? Wavne Swiatocha: Yes, actually. The hole that was drilled, the test hole, I think showed sand and loam for the first foot, and gray clay underneath. I would submit that the gray clay that you are looking at is not actually gray clay; that is wetlands. And I have some pictures that actually show that a gray color does indicate wetland soil. I know it's about 3' to water there, so I think the major concerns are: (1) the aesthetic value of the neighbors in the area who look at this wetlands. I think the wetlands probably never should have been dredged; there never should have been a dyke put up. If there was ever going to be a revitalization for a wetlands project, I think it might be applicable in this case. I think a wetlands specialist or scientist should look at the area. I would also question whether there is any endangered vegetation or animals in this area and I think Goose Creek is one of the pristine creeks in South old Town and we're losing wetlands. There was recent study done by the DEC which shows that Corey Creek and Cedar Beach have lost I think in the last 8 years about 17 acres of wetlands, and I think we all know the importance of the wetlands in this State. So, I think that this wetlands actually could be classified as a "wetlands of unusual importance". The reason being behind that comes out of the NYCRR Part 61 Title Wetlands Land Use Regulations, in which they state: actually, no, it's something else. But to have a wetlands declared of unusual local importance, if the wetland is tributary to a body of water which could subject a substantially developed area to significant damage from flooding should the wetland be modified, filled or drained. And I think to build on this property, you're going to have to raise the grade of the land for a sewage system, you're gonna have to raise the grade because it's only 3' from water, and I think that it's going to increase the flooding to the neighbors around that. Southold Town Plannina Board Paae Sixteen February 13. 2006 And so for that reason I think it's a "wetland of unusual local importance". I don't know what you have to go for to get that classification. I know that you need that classification when it's under 12.4 acres. So basically what I would request is that we keep this hearing open on this project and I would like to see the Town actually look into the wetlands and see if these wetlands need to be reclassified. Chairperson Woodhouse: Is there anyone else in the audience who has a comment? Brett Kehl: During the last storm, the creek actually overflowed into Main Bayview between the Baxter residence and the one further south. The creek did come onto Main Bayview and all around the neighboring house on the south. Behind the residence from Smith Drive South towards the south, during the last storm we had actually three basements there were full and two of them required pumping by the fire department. This is on the road. In those backyards of those houses, the water didn't come up to the house, yet there was 2-3' of water behind the house at least. I would like to know if there was a DEC permit for fill, because over the past 10 years, dump trucks have been seen going in there. I know anything within 300' of wetlands requires a DEC fill permit, or even a Town permit. So I want to know if there was a permit, whether it was around his house or out on the wetlands. Because according to the test score, showing sand and loam on the surface and gray clay on the bottom, there's no way any type of storm is going to bring up sand and loam on top of gray clay soil, especially with it's just a rising tide, it's not a tidal wave picking up sand from the other side of the creek. And also one of the other big things is if a property goes in there, there's a whole area has to be raised, and the runoff from that property alone is going to cause problems yet the sewage will be set in the cesspool system right in the water that will basically running twice a year gets flooded and we'll be flushing that out into the creek. We have trouble now maintaining the creeks and the bays and we're going to be throwing in another septic system that's just going to be flushed by the storm. So there's no way that you can even build a septic system in that area without it being flushed at least once or twice a year by the creek. And I know no one wants to see that. Thank you. Chairperson Woodhouse: Thank you. Is there anyone else who would like to address the Board? Paul Carasotto: I have been familiar with this property for 45 years; that's how long I'm married to my wife. And recently, we got a call over the winter when we had that storm, we had to replace the boiler in the house because we got flooded. OK. Now, if you look at the plan where they want to build this house, Mr. Baxter is a very nice man, he has always been very nice to us. But the problem being here, if you close the road off Main Bayview, OK, that road at the end of his property is going to definitely have to be raised because, as you see in the pictures, they indicate that the road is going to be flooded at all times. It's going to be washed away. So, that property is going to have to be built up road-wise at least 4'. If that road gets built up 4' right behind our house, we're going to get a swimming pool. We're going to have a lake that's going to be trapped water at any given time. And the house is going to have to be built up at least -------- _________...____n _ South old Town Plannina Board Paae Seventeen February 13. 2006 another 4'. I spoke to my son who is a professional engineer, and showed him this copy. He said there's no way that this can be done because of the water runoff. Where is that water going to go? You can't put drains, because it can't go nowhere, the water is stuck there. I remember the day they dug that trench all the way around that property to be dredged. I remember the night that the dyke broke. I remember the Army Corps of Engineers pulled out of that property and they brought in a small dredge. And they started pumping up and guess what they did, they hit the fresh water and we all got salt water in the pipes, because we had a well at the time. Now we're going back a long time. Now where is the septic going to go from this; I can't believe a PE signed that septic. How could it be? Because it's all pumped land; you couldn't walk on that property for 15 years except for that one little place that had sand. It was all mud. The kids used to go back and play in there, they came back full of mud. To divide it is good, it's a great investment if he can divide and build. But the problem is if you build on that he's going to hurt his neighbors. Bottom Line: we're going to get flooded. Thank you. Chairperson Woodhouse: Is there anyone else who would like to address the Board? Janet Auer: I live on the corner. We did get flooded this fall in our basement, and if they do put a house back there like this gentleman just said, that is going to affect all of us. There is another neighbor here, he's on the opposite corner of Smith Drive & Main Bayview. The water was in his yard. We're all the way out by the road. If you put a house out there, that's basically saying that you could just take a house and stick it in the middle of the bay somewhere. It's just totally, I can't understand why they would do that. I would also like to know if, for this property, if they were going to build a house there, would you need a DEC permit for that, and if you would need to go to the Trustees and to the Zoning Board? Would you have to do that if you subdivided this? Anthonv Trezza: He got his DEC permit for the subdivision, the DEC has seen this proposal, and the Trustees have also seen this proposal; so they did what they needed to do with respect to the subdivision. If they went to construct, to get a building permit, I suspect the Building Inspector would ask for either a permit or a letter of non-jurisdiction from the DEC and from the Trustees. Janet Auer: Would that basically say that this shouldn't be approved? Anthonv Trezza: No, not necessarily. It's a requirement for construction near wetlands. Janet Auer: We did always think that was all wetlands there. All the neighbors. There's cattails, there's phragmites. I don't see how any of that could, and as you see we have pictures here, and the ones that were handed to you, of the flagpole and the house that he plans to build is back there by the flagpole; that's surrounded. Yesterday was not a storm like we had in the Fall, or the storms that they had in the past. If Mr. Baxter is going to build a house there, is he going to help us clean our basement out when they flood the next time? It's true about the sewage, I mean what do you, it's just, I'm sorry I'm rambling, but I'm just concerned, I'd really like for nothing to be put there. Thank you. Southold Town Plannina Board Paae Eiahteen February 13. 2006 Chairperson Woodhouse: Thank you. Wavne Swiatocha: I'd just like to ask a question: DEC approved this with the thought that a building was going to be put on it, or just approved it for the subdivision? Anthonv Trezza: I will have to check to see if they've looked at a map with a house on it. I will tell you that what they approved was the subdivision. That I could tell you. Wavne Swiatocha: Was that the subdivision that I just had in my hand that shows the proposed building lot? Anthonv Trezza: I don't know the answer to that question. Wayne Swiatocha: Because if the DEC approved that, I'm gonna contact the head of the DEC tomorrow, and have his inspection checked. Anthonv Trezza: I will certainly take a look at the file again tomorrow because the DEC permit is in there. Wavne Swiatocha: Is that an approved DEC permit, or just a filed permit. Anthonv Trezza: It's a permit, a permit for the subdivision. Wavne Swiatocha: Approved? Anthonv Trezza: To break it into two lots. Whether or not they looked at the residence at the time of their application, I don't know the answer to that. Wavne Swiatocha: I find it hard to believe that they saw the proposal for residence... Chairperson Woodhouse: Well, Mr. Trezza will look in the file tomorrow and you are welcome to come into the office and check the file on that permit. Wavne Swiatocha: Besides wetlands, if you look at the DEC what they actually recommend usually is that there is a 300' adjacent area to the wetlands which is as important as the wetlands to the existence of the wetlands. So, I really don't understand how the DEC could have approved this. And I think that the Town needs to look hard at it too, because anything under 12.4 acres, the DEC really doesn't have control over. The Town is going to have control over their own wetlands. And I think if they look at the EPA, if they look at Fish & Wildlife and the effort that is going on in NYS to revitalize these wetlands, I think they should really take a hard look at was this wetlands? Was the dredging the problem from the beginning? Can this wetlands be revitalized? Should it be revitalized? And should it be reclassified? Chairperson Woodhouse: Thank you. Is there anyone else in the audience who would like to address the Board? Yes, ma'am. Southold Town Plannina Board Paae Nineteen February 13. 2006 Reverend Noel Koestline: I live in the third house in on Smith Drive South and our back lot backs up against the Baxter property. I am learning a lot about wetlands and things that I never knew. We've owned the property about seven years, and there's a berm or a dyke that's on our property, our property goes over that and then the Baxter property is behind that. Where it touches us is the aesthetic value because we look out and we see a flagpole and the phragmites and the wonderful wildlife. So, it's a privacy issue for us, and concern about taking more wildlife habitat. Last week I saw a group of seven deer right out my back window and that's their habitat; our property, his property. So, I would just hate to see anything built back there, especially if it's going to jeopardize the health of that fertile, wonderful, blessed area. Chairperson Woodhouse: Is there anyone else who would like to address the Board? Michele Hamilton: I live at 200 Smith Drive South. I just became aware of this on Friday when my neighbors came over to tell me. I have some pictures I can give you. My house, looking out my back window is exactly where they are putting the house. It's not exactly something I'd like to see back there, on top of all of the issues with the wetlands and what's going on, but I hear stories from my husband and the neighbors and different people that they were kids and played back there and would go back and hang out back their running through or riding their quads or whatever they did at the time which they probably shouldn't have. But, they were all wetlands. There were phragmites, and it wasn't built up like that. The property appears greatly to be back- filled and set up and you look at the images from Google Earth and you can see the straight land where you have phragmites to the left and right and up on front, it's such a clear area that has been done away with to build up the property and have it the way he has. I can't understand why subdividing, if you were to subdivide the property, the only purpose would be to put a house on there. I would just like to see that they don't permit this at this point, and let us, if we have to, do more research into it, or look into it about preserving it, or making sure nothing is done, or having it revitalized and put back to the way it was back before the house was built and the property was filled in; I would just like the opportunity to do that, seeing as I myself just became aware of this on Friday. But I do have pictures that I'd like to give you that we had taken. I'll give you all of these. (inaudible, showing photos to the Board and Staff) Chairperson Woodhouse: Thank you. Is there anyone else who would like to address the Board? Robert Hamilton: Apparently if I want dinner I have to address you guys. I've grown up in that area and I think the Google Earth picture that you have in front of you speaks volumes to the change that's occurred on Mr. Baxter's property. Over the years, I had bonfires on Mr. Baxter's property, long before he owned it. It was sand from the dredge. Broke bones back there. It was all marsh and mud. As Paul says, we used to go back there and jump up to our waist in the mud and have a shower before we went into the house. Everything's changed, there's no doubt about that. The question I bring: all this concern has come up in the neighborhood because of the proposed house on the subdivision. For him to subdivide the property and remain as it is, is not the issue, it's the house that causes all the concern. I just have to question the change South old Town Plannina Board Paae Twentv February 13, 2006 that's occurred in Mr. Baxter's property since he's owned it. Not law enforcement, and a kind neighbor. In fact I don't think I've ever met Mr. Baxter other than to send my kids to his house for candy at Halloween. Just question the phragmites and the way there's a void in the natural progression. I was on the property, not Mr. Baxter's, the neighbor's property, yesterday or the day before and was quite surprised at the change since the last time I'd been back there. But the change in the adjoining property contrasts drastically to the changes that have occurred on his property, and I just raise that question to you for further looking at. Thanks. Chairperson Woodhouse: Thank you. Wavne Swiatocha: One more thing I'd like to add: there were trees planted on his property along the edge. I know he planted those trees, they are still alive, they do go underwater. I think that was something that probably blocked your view a little bit that you weren't too happy about because first you look at wetlands, now there's a line of trees that run down the side of that property. Whether that was part of trying to get this subdivision through when those trees were put in or not, I'm really not sure. But you also have to remember that a wetlands, just because it has trees on it, doesn't mean it's not a wetlands. I'd like to just state that. Chairperson Woodhouse: Thank you. Anyone else? I will ask Mr, Trezza to please give us your report. Anthonv Trezza: My recommendation is to the benefit of the neighbors and to the benefit of Mr. Baxter himself as the applicant. What I would do is: let us leave the hearing open, let us look at the pictures, let us look at their concerns, and then we will come to a work session and address it before our next meeting. But to be fair about it, I would ask that anybody who is going to submit something in writing do it as soon as possible so that we can get it on the record, because we can only hold it open for so long. But that's what I would do, I would hold it open so we could take a look at the issues that were brought before the Planning Board tonight and then address them. We might be able to do some stuff with our C&R's, we might have a little bit of extra work, but I think that we could probably address their concerns and will do so. Ken Edwards: I have to agree with him. Wavne Swiatocha: To have that wetland declared a "wetland of unusual importance", who do you apply to for that? Mark Terry: NYS Natural Heritage Program. Ken Edwards: Madame Chairperson, I would like to entertain a motion that we hold this hearing open. Martin Sidor: Second. Chairperson Woodhouse: All in favor? ----- ~----- -------.-- Southold Town Plannina Board Paae Twentv-One February 13. 2006 Ayes. Chairperson Woodhouse: Opposed? The hearing will be held open. Thank you. Anthonv Trezza: Again, for the record, holding the hearing open gives you guys the opportunity, gives us the opportunity, and like I said I just want to be fair here, it's also to your benefit Mr. Baxter that we keep this open because we don't want anybody making any hasty decisions or wrong decisions or anything like that. Chairperson Woodhouse: I will need you to come and get your photos at the end of the meeting. Thank you. OK, while you are sorting that through we will just go on to our next agenda item. **************************** Hearings Held Over From Previous Meetings: Charnews. Daniel & Steohanie: This proposal is to subdivide a 23.4004-acre parcel into two lots where Lot 1 equals 3 acres and Lot 2 equals 20.4004 acres. The property is located on the w/s/o Youngs Avenue and the e/s/o Horton Lane, approximately 375' south of CR 48 in Southold. SCTM#1000-63-1-25 Ken Edwards: I would like to entertain a motion to hold the hearing open: BE IT RESOLVED that the South old Town Planning Board hereby holds open the public hearing for the Charnews Subdivision. Georae Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That hearing is held open. Caselnova, Raloh & Catherine: Proposal is to subdivide a 15.68-acre parcel into three lots where Lot 1 equals 2.0034 acres, Lot 2 equals 2.3518 acres and Lot 3 equals 11.3226 acres upon which the development rights have been sold to Suffolk County. The property is located on the n/s/o NYS Route 25, approximately 1,740 feet w/lo Browns Hill Road in Orient. SCTM#'s1000-18-3-9.8 & 9.9 Ken Edwards: I move that we keep this hearing open: BE IT RESOLVED that the Southold Town Planning Board hereby holds open the public hearing for the Caselnova Subdivision. Chairperson Woodhouse: Is there a second? Martin Sidor: Second. ---..-----...- Southold Town Plannina Board Paae Twentv-Two February 13. 2006 Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion is carried; the hearing is held open. ******************************* CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE- SUBDIVISIONS (Lot Line Changes) Final Determinations: Lockwood, Lois: Proposal is to reconfigure the common property boundary between two lots where, following the transfer, Parcel 1 equals 52,809 sq.ft. and Parcel 2 equals 63,805 sq.ft. The property is located on the e/s/o North Drive, approximately 477' n/o Bayview Avenue in Mattituck. SCTM#'s 1000-106-6-26 & 27 Joe Townsend: WHEREAS, this proposal is to reconfigure the common property boundary between two lots where, following the transfer, Parcel 1 equals 52,809 sq. ft. and Parcel 2 equals 63,805 sq. ft.; and WHEREAS, the Zoning Board of Appeals granted the necessary relief for the proposed action on June 9, 2005; and WHEREAS, on August 8, 2005, the Southold Town Planning Board granted conditional final approval on the surveys, prepared by John C. Ehlers, L.S., dated August 8, 2004 and last revised January 12, 2005; and WHEREAS, on December 23, 2005, the applicant submitted a copy of the Tidal Wetlands Permit issued by the New York State Department of Environmental Conservation; and WHEREAS, in a letter memorandum dated December 20, 2005, the project was determined to be consistent with the Town of Southold Local Waterfront Revitalization Program; and WHEREAS, on February 6, 2006, the applicant submitted copies of the recorded deeds for the subject properties; be it therefore RESOLVED, that the Southold Town Planning Board finds that all of the conditions of conditional final approval have been satisfied by the applicant; Chairperson Woodhouse: Second. All in favor? Ayes. ------------ ----- South old Town Plannina Board Paae Twenty-Three February 13, 2006 Chairperson Woodhouse: Opposed? That motion carries. Joe Townsend: and be it further RESOLVED, that the Southold Town Planning Board grant Final Approval on the surveys prepared by John C. Ehlers, L.S., dated August 8, 2004 and last revised January 12, 2005, and authorize the chair to endorse the maps. Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion carries. ********************************************** Ireland. Georae & Elisabeth: Proposal is for lot line change to transfer 38,598 s.f. from Block 15 Lot 8 (Lot 1) and a portion of Lot 11 to Block 15 Lot 9 (Lot 2) as shown on the Map of Fishers Island Development Corp where, following the transfer, Lot 1 will equal 126,803 s.f. and Lot 2 will equal 144,027 s.f. The property is located on the south side of East End Road on Fishers Island. SCTM#1000-4-7-3.1 Chairperson Woodhouse: WHEREAS, this proposal is for a lot line change transferring 38,598 s.f. from Block 15 Lot 8 (Lot 1) and a portion of Lot 11 to Block 15 Lot 9 (Lot 2) as shown on the Map of Fishers Island Development Corp where, following the transfer, Lot 1 will equal 126,803 s.f. and Lot 2 will equal 144,027 s.f. and WHEREAS, an application for a lot line change was submitted on September 23, 2004; be it therefore RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, do an uncoordinated review of this Unlisted Action. The Planning Board establishes itself as lead agency and, as lead agency, makes a determination of non-significance and grants a Negative Declaration; Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? The motion carries. and be it further RESOLVED, that because there is no increase in density and both properties are under the same ownership, the South old Town Planning Board hereby waives the public hearing for this project; ~--~-_.- South old Town Plannina Board Paae Twenty-Four February 13. 2006 Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? The motion carries. and be it further RESOLVED, that the Southold Town Planning Board will require the removal of the accessory structures on Lot 1; Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? The motion carries. and be it further RESOLVED, that the Southold Town Planning Board grant conditional final approval on the surveys prepared by Richard H. Strouse, L.S. dated September 18, 2004 and last revised October 10, 2005, subject to the following conditions: 1. The filing of new deeds with the Office of the Suffolk County Clerk pertaining to the lot line change and, upon filing, submission of a copy to this office. 2. Submission of proof that the accessory structures have been removed from Lot #1. Martin Sidor: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? The motion carries. Ken Edwards: Madame Chairperson, I spoke with Anthony and normally on the FIDCO properties where this is the piece is on Development Corporation, we'd require a letter from them on any lot line changes, and I'd like to see that letter in the file, and I will give him the address. Anthony Trezza: Sure, we can add that as a condition. Chairperson Woodhouse: Thank you. OK. Thank you for that. ************************************* .-- Southold Town Plannina Board Paae Twentv-Five February 13. 2006 Setting of Preliminary Hearings: Grattan. Barbara: This proposal is to subdivide a 27.446-acre parcel into two lots where Lot 1 equals 1.838 acres and Lot 2 equals 25.608 acres. The property is located on the west side of Depot Lane, 147 feet north of School House Lane in Cutchogue. SCTM#1 000-1 02-1-9 Martin Sidor: WHEREAS, this proposal is to subdivide a 27.446-acre parcel into two lots where Lot 1 equals 1.838 acres and Lot 2 equals 25.608 acres; and WHEREAS, by resolution dated February 15, 2005, the South old Town Planning Board reclassified the application as a Standard Subdivision and required that the project enter the process at the preliminary plat approval stage; and WHEREAS, on January 18, 2006, the applicant submitted the preliminary map containing the Health Department stamp of approval; and WHEREAS, on January 18, 2006, the applicant submitted the application and fee for preliminary plat approval; be it therefore RESOLVED, that the Southold Town Planning Board set Monday, March 13,2006 at 6:00 p.m. for a preliminary public hearing on the maps prepared by Joseph Ingegno, L.S. dated December 4, 2000 and last revised June 18, 2004. Georae Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion carries. ********************************************* Conditional Sketch Determinations: Sullivan. Carol: This proposal is to subdivide a 9.52-acre parcel into two lots where Lot 1 equals 20,000 s.f and Lot 2 equals 386,394 s.f., and to transfer 8,454 s.f. from SCTM# 1000-122-1-24.1 to SCTM#1 000-122-1-24.3, where, following the transfer, SCTM# 1000-122-1-24.3 will equal 19,737 s.f. The property is located on the s/s/o Sound Avenue, approximately 799' w/o Factory Avenue in Mattituck. SCTM#1000-122- 2-24.1 -.....--- South old Town Plannina Board Paae Twentv-Six February 13, 2006 Georae Solomon: WHEREAS, this proposal is to subdivide a 9.52-acre parcel into two lots where Lot 1 equals 20,000 s.f and Lot 2 equals 8.87 acres, and to transfer 8,454 s.f. from SCTM# 1000-122-1-24.1 to SCTM# 1000-122-1-24.3, where, following the transfer, SCTM# 1000-122-1-24.3 will equal 19,737 s.f.; and WHEREAS, an application for sketch approval was submitted on December 20, 2005; be it therefore RESOLVED, that the Southold Town Planning Board start the SEQR lead agency coordination process for this unlisted action; Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion carries. Georae Solomon: and be it further RESOLVED, that the South old Town Planning Board finds that the yield map and ERSAP requirements have been satisfied with the submission of the subdivision plan prepared by John C. Ehlers, L.S. dated June 3, 2005 and last revised September 15, 2005; Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion carried. Georae Solomon: and be it further RESOLVED, that the South old Town Planning finds that this proposal is not subject to the affordable housing requirements pursuant to 9A 106-11 (B)(c) of the Town Code; Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion carried. - ------------ Southold Town Plannina Board Paae Twentv-Seven February 13. 2006 Georae Solomon: and be it further RESOLVED, that the South old Town Planning hereby grant Sketch Approval upon the map prepared by John C. Ehlers, L.S. dated June 3, 2005 and last revised September 15, 2005, subject to the following conditions: 1. Submission of the application and fee for Preliminary Plat Approval. 2. Submission of an application for a re-subdivision (lot line modification) along with the application fee of $500. Be sure to include an authorization letter from the owner of Lot 3, authorizing the proposed land transfer. 3. Submission of the LWRP Coastal Consistency Review Form. 4. Submission of the preliminary map, which contains the following revisions: a. Show the area of the proposed land transfer with notations showing the existing and proposed lot areas of Lots 1 and 2. b. Add the zoning district to the map. 5. Submission of draft Covenants and Restrictions which contain the following clauses: a. To comply with Chapter A-1 06 future yield calculation requirements. The clustered open space for Lot 2 equals 20,000 s.f. (0.459 acre) and is inclusive and part of Lot 1, which equals 8.87 acres. When determining future parcel yield, the clustered open space shall be subtracted from Lot 1 as unbuildable lands. b. To comply with Chapter A-1 06, clustered open space requirements for Standard Subdivisions on a parcel equal to or greater than 7 acres. In the event that Lot 1 is further subdivided, the clustered open space resulting from Lot 2 (.0.459 acre) shall be contiguous and inclusive of the cumulative total percent of cluster open space required on the parcel. c. To comply with Chapter A-1 06 Affordable Housing requirements, in the event Lot 1 is further subdivided, Lot 2 shall be considered a created lot and shall be included in the future yield. Therefore, the Affordable Housing requirement shall apply to any proposal of 4 or more created lots for the parcel 6. Submission of the Park and Playground Fee in the amount of $7,000. This fee is payable prior to the issuance of final approval. Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion carries. ************************************ - _______n______n_____ Southold Town Plannina Board Paae Twentv-Eiaht February 13. 2006 James Creek Landina: Proposal is to subdivide a split-zoned parcel into five lots where Lot 1 equals 40,686 s.f.; Lot 2 equals 33,007 s.f.; Lot 3 equals 44,986 s.f; and Lot 4 equals 43,520 s.f. in the R-80 Zoning District. Lot 5 equals 77,747 s.f. and is located in the B Zoning District. The clustered open space is equal to 5.59 acres or 60% of the upland area. The property is located on the west side of Main Road, approximately 280' south of New Suffolk Avenue in Mattituck. SCTM#1000-122-3-1.4 Joe Townsend: WHEREAS, this proposal is to subdivide a split-zoned parcel into five (5) lots where Lot 1 equals 40,686 s.f.; Lot 2 equals 33,007 s.f.; Lot 3 equals 44,986 s.f.; and Lot 4 equals 43,520 s.f. in the R-80 Zoning District. Lot 5 equals 77,747 s.f. and is located in the B Zoning District. The clustered open space is 5.59 acres or 60% of the upland area of the residential portion of the property; 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 A 106: Subdivision of Land of the Code of the Town of Southold; and WHEREAS, an application for sketch approval was resubmitted on August 25, 2005; and WHEREAS, the Planning Board initiated the SEQRA Coordination by formal resolution dated January 10, 2006; 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; Georae Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion carries. Joe Townsend: and be it further RESOLVED, that the Southold Town Planning Board accepts the yield map prepared by Nathan Taft Corwin III, L.S. dated July 12, 2005, which shows four (4) residential lots and one (1) business-zoned lot; Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion carries. ---------- Southold Town Plannina Board Paae Twentv-Nine February 13. 2006 Joe Townsend: and be it further RESOLVED, that the Southold Town Planning Board finds that the ERSAP requirements have been satisfied by the applicant; Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion carries. Joe Townsend: 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 gA106-11(B)(c) ofthe Town Code; Georae Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion carries. Joe Townsend: and be it further RESOLVED, that the Southold Town Planning Board hereby grant Sketch Approval, upon the map prepared by Nathan Taft Corwin III, L.S. dated July 12, 2005, subject to the following conditions: 1. Submission of the completed Application for Preliminary Plat Approval. No additional application fees are required at this time. The submission shall six (6) copies of the preliminary map with the following revisions: a. The title of the map shall read "Standard Subdivision for James Creek Landing Inc." b. The clearing calculations for each lot shall be shown on the plan pursuant to gA106-56(c) of the Town Code. c. Please show street trees pursuant to gA 108-45 of the Town Code. All planting specifications must be shown on the plan. 2. Submission of a Phase I Archaeological Survey. 3. Submission of a Letter of Water Availability from the Suffolk County Water Authority. 4. Submission of an updated permit from the New York State Department of Environmental Conservation. 5. Submission of a letter of intent for the open space, including the proposed ownership. Southold Town Plannina Board Paae Thirtv February 13. 2006 6. Submission of a draft Open Space Easement pursuant to ~A106-49(c) of the Town Code. This document will be reviewed by the Planning Board and referred to the Town Attorney for approval. 7. Submission of the LWRP Coastal Consistency Review Form. 8. Submission of a curb-cut permit from the New York State Department of Transportation. 9. Submission of a letter of intent for the proposed 50'-wide right-of-way. If this road is to be dedicated to the Town, a temporary Road and Maintenance Agreement will be required. 10. Submission of draft Covenants and Restrictions containing the following clauses: a. Indicate the amount of clearing for each of the Lots pursuant to ~A 106- 56 of the Town Code. b. No further subdivision of Lots 1, 2, 3 & 4 on the approved map, in perpetuity. c. No changes to any of the lot lines without Planning Board approval. d. A clause referring to the Open Space Easement, as recorded in the Office of the County Clerk, including a reference to the Iiber and page number. e. All storm water runoff resulting from the development of the lots on the subdivision map shall be retained on-site and shall be the responsibility of each property owner. f. Add a street tree clause relating to the proposed planting as shown on the approved map. g. No storm water runoff resulting from the development and improvement of the subdivision of any of its lots shall be discharged into the wetlands or James Creek in any manner. h. Access to each of lots shall be from the 50'-wide right-of-way shown on the approved map. This access is subject to a Road and Maintenance Agreement (liber and page number shall be provided). Upon dedication of the road to the Town, the Road and Maintenance Agreement shall expire. i. 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. 11. Payment of the park and playground fee in the amount of $21,000 ($7,000 for each new residential lot created). Ken Edwards: Second the motion. --.- --- - Southold Town Plannina Board Paae Thirtv-One February 13. 2006 Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? And that motion carries. ************************************** Sterlina Harbor. Inc.: Proposal is to subdivide a 14.1529-acre parcel into five lots where Lot 1 equals 49,652 s.f., Lot 2 equals 41,302 s.f, Lot 3 equals 42,550 s.f., Lot 4 equals 41,056 s.f. and Lot 5 equals 410,845 s.f. and includes a 40,944 s.f. building envelope and a 369,901 s.f. preserved area. The property is located on the n/s/o Main Bayview Road, 300.21' e/o Midland Parkway in Southold. SCTM#1000-88-2-15 Ken Edwards: I will entertain the following motion: WHEREAS, this proposal is for a standard subdivision to subdivide a 14.1529-acre parcel into five lots where Lot 1 equals 49,652 s.f., Lot 2 equals 41,302 s.f., Lot 3 equals 42,550 s.f., Lot 4 equals 41,056 s.f. and Lot 5 equals 410,845 s.f. and includes a 40,944 s.f. building envelope and a 369,901 s.f. preserved area; and WHEREAS, an application and fee for sketch approval was submitted on October 31, 2005; and WHEREAS, the applicant submitted an Existina Conditions Survey prepared by John T. Metzger, L.S. dated June 5, 2005; a Yield Map depicting seven (7) lots prepared by Peconic Surveyors, PC dated October 22, 2005; Road and Drainaae Plans prepared by Peconic Surveyors, PC dated October 22, 2005; and a Sketch Plan prepared by Peconic Surveyors, PC dated October 22, 2005; and WHEREAS, the Planning Board initiated the SEQRA Coordination by formal resolution dated December 13, 2005; be it therefore RESOLVED, that the South old 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; Georae Solomon: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? And that motion carries Ken Edwards: and be it further RESOLVED, that the South old Town Planning Board finds that the ERSAP requirements have been satisfied by the applicant; ------- - _________ ________n_ Southold Town Plannina Board Paae Thirty-Two February 13. 2006 Georae Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? The motion carries. Ken Edwards: 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 SA 106-11 (B)(c) of the South old Town Code; Georae Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? The motion carries. Ken Edwards: and be it further RESOLVED, that the Southold Town Planning Board hereby grant Sketch Approval upon map prepared by Peconic Surveyors, PC dated October 22, 2005, subject to the following conditions: 1) Submission of the completed Application for Preliminary Plat Approval. The submission shall include six (6) complete sets of certified plans, including the subdivision plan, road and drainage plans and the yield map. The maps shall contain the following revisions: a) The title of the subdivision plan shall read "Standard Subdivision for Sterling Harbor Inc. at Bayview." b) The road and drainage plans and the yield map must be titled accordingly. c) The clearing calculations for each lot shall be shown on the subdivision plan. d) Provide landscaping details for the proposed 50'-wide buffer. All planting specifications must be shown on the plan. e) In accordance with the comments from the South old Fire District, the hydrant may be removed from the map, as one is not required for this project. f) The road and drainage plans must be revised to depict street trees pursuant S A 108-45 of the Town Code. All planting specifications must be shown on the plan. g) The yield map must be revised to depict the area required for drainage, which may decrease the overall parcel yield. 2) Submission of a Phase 1 Archaeological Survey. 3) Submission of a Letter of Water Availability from the Suffolk County Water Authority. South old Town Plannina Board Paae Thirtv-Three February 13. 2006 4) Submission of a draft bond estimate for the proposed road improvements, including the street trees. 5) Submission of a draft Agricultural Easement for the open space area pursuant to SA 1 06-49(c) of the Town Code. This document will be reviewed by the Planning Board and referred to the Town Attorney for approval. 6) LWRP Coastal Consistency Review by the Town of Southold. 7) Submission of a draft Road and Maintenance Agreement, which will expire upon the dedication of the road to the Town of Southold. 8) 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) Lot 1 is 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. 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) No residential structures shall be permitted on Lot 5, except within the building envelope as shown on the approved subdivision map. g) Lot 5 is subject to an Agricultural Easement as recorded with the Office of the County Clerk (Iiber and page number shall be provided). h) Access to each of the lots shall be from the 50'-wide right-of-way shown on the approved map. This access shall be subject to a Road and Maintenance Agreement, as recorded with the Office of the County Clerk (liber and page number shall be provided). Upon dedication of the road to the Town of Southold, the Road and Maintenance Agreement shall expire. 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 South old 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. 9) Submission of the park and playground fee in the amount of $28,000 ($7,000 per new lot created). Georae Solomon: Second. -------- Southold Town Plannina Board Paae Thirtv-Four February 13. 2006 Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? And that motion carries. ************************************* Bond Determinations: Laurel Links Country Club: Approved subdivision located on the s/s/o Main Road (SR 25) in Laurel, NY. Zone: AC. SCTM#'s 1000-125-3-13,125-4-24.23 Ken Edwards: WHEREAS, the applicant has an outstanding Letter of Credit No. 100294 in the amount of $100,000 issued by the Bank of Smithtown as a performance guarantee for the site plan known as Laurel Links Country Club; and WHEREAS, James Richter, the Town Engineer, performed a final inspection of the required improvements and has issued a letter of completion dated July 28, 2005; be it therefore RESOLVED, that the South old Town Planning Board release the remaining $100,000 Letter of Credit as a performance guarantee for improvements, and recommends same to the Town Board. Martin Sidor: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? And that motion carries. ************************************* CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE- SUBDIVISIONS (Lot Line Changes) - STATE ENVIRONMENTAL QUALITY REVIEW ACT Lead Agency Coordination: Scott. John: Proposal is to subdivide a 6.5539-acre parcel into three lots where Lot 1 equals 80,000 s.f., Lot 2 equals 80,010 s.f. and Lot 3 equals 82,932 s.f. in the R-80 Zoning District. The property is located on the e/s/o Wells Road and the s/s/o Main Road, e/o Peconic Lane in Peconic. SCTM#1000-75-6-3 Southold Town Plannina Board Paae Thirty-Five February 13. 2006 Joe Townsend: WHEREAS, this proposal is to subdivide a 6.5539-acre parcel into three lots where Lot 1 equals 80,000 s.f., Lot 2 equals 80,010 s.f. and Lot 3 equals 82,932 s.f. in the R-80 Zoning District.; and WHEREAS, an application for sketch approval was submitted on January 6, 2006; be it therefore RESOLVED, that the South old Town Planning Board start the SEQR lead agency coordination process for this unlisted action. Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? The motion carries. ************************************* Conklina Point Estates: Proposal is to subdivide a 7.725-acre parcel into four lots, where Lot 1 equals 29,869 s.f., Lot 2 equals 29,869 s.f., Lot 3 equals 29,869 s.f., Lot 4 equals 29,869 s.f. and the open space parcel equals 4.1 acres, excluding the area of wetlands. This project includes the transfer of 37,882 s.f. of buildable lands from SCTM# 1000-53-4-44.3 onto the subject property for the purposes of establishing yield. The property is located on the w/s/o Kerwin Boulevard, approximately 575' w/o August Lane in Greenport. SCTM#'s 1000-53-44.1 & 44.3 Ken Edwards: WHEREAS, this proposal is to subdivide a 7.725-acre parcel into four lots, where Lot 1 equals 29,869 s.f., Lot 2 equals 29,869 s.f., Lot 3 equals 29,869 s.f., Lot 4 equals 29,869 s.f. and the open space parcel equals 4.1 acres, excluding the area of wetlands. This project includes the transferring of 37,882 s.f. of buildable lands from SCTM#1 000-53-4-44.3 onto the subject property for the purposes of establishing yield; and WHEREAS, an application for sketch approval was submitted on January 6, 2006; be it therefore RESOLVED, that the Southold Town Planning Board start the SEQR lead agency coordination process for this unlisted action. Georae Solomon: Second the motion. Chairperson Woodhouse: All in favor? Ayes. ------ Southold Town Plannina Board Paae Thirtv-Six February 13. 2006 Chairperson Woodhouse: Opposed? The motion carries. ************************************* Determinations: Orchard Street Farms: Proposal is for a Cluster Conservation Subdivision of a 15.51- acre parcel into 3 lots, where lot 1 equals 13.499 acres upon which 12.459 acres is proposed to be preserved through the application of a Conservation Easement, Lot 2 equals 1.006 acres and Lot 3 equals 1.007 acres. The parcel is located on the n/w corner of King Street and Old Farm Road and the s/s/o Orchard Street in Orient. SCTM#1000-25-4-11.8 Martin Sidor: WHEREAS, proposal is for a Cluster Conservation Subdivision to subdivide a 15.51-acre parcel into 3 lots, where lot 1 equals 13.499 acres upon which 12.459 acres is proposed to be preserved through the application of a Conservation Easement, Lot 2 equals 1.006 acres and Lot 3 equals 1.007 acres; and WHEREAS, an application for sketch plan approval was submitted to the Planning Board on April 15, 2005; and WHEREAS, this application is classified as a Conservation Subdivision (80/60) pursuant to Section A 106-5 "Subdivision of Land of the Code of Town of South old"; and WHEREAS, the Southold Town Planning Board initiated the SEQRA lead agency coordination for this project on October 17, 2005; and WHEREAS, the Southold Town Planning Board granted conditional sketch approval upon the map prepared by John C. Ehlers, Land Surveyor, dated last revised on July 19, 2005; be it therefore RESOLVED, that the South old 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. Georae Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? The motion carries. ************************************* - - Southold Town Plannina Board Paae Thirtv-Seven February 13, 2006 SITE PLANS Conditional Final Extensions: Silver Nail Vinevards: This proposal is for a new winery building of 5,477 sq. ft. on a 21.5019-acre parcel in the A-C Zone located on the n/s/o New York State Route 25 approximately 3,612' e/o Peconic Lane in Southold. SCTM#'s1000-75-2-15.1 & 15.2 Georae Solomon: WHEREAS, the proposed site plan, to be known as the site plan for Silver Nail Vineyards for a new winery building of 5,477 sq. ft. on a 21.5019-acre parcel located in the A-C Zone; and WHEREAS, on July 12, 2005, the Planning Board granted conditional approval which expired on January 12, 2006; and WHEREAS, on January 10, 2006, the new property owner's attorney, Joseph R. Attonito, Esq., requested a six-month extension to complete the conditions and the Planning Board agrees to a six-month extension; be it therefore RESOLVED, that the Southold Town Planning Board grant an additional six-month extension from January 12, 2006 to July 12, 2006 to the conditional final approval on the site plan prepared by Samuels & Steelman Architects dated June 6, 2003 and last revised September 22, 2003, subject to fulfillment of the following conditions: 1. The execution of the Declaration of Covenants and Restrictions attached hereto as Exhibit A, filed and recorded in the Suffolk County Office of the Clerk. A receipted filed copy must be delivered to the Planning Department. 2. The applicant must receive approval from Suffolk County Department of Health Services for the proposed site plan and submit a copy of such approval to the Planning Department. In the event the approval differs from the approved site plan, the applicant/owner agrees to further review by the Town and, if required, an open public hearing. 3. Issuance of a Work Permit from the New York State Department of Transportation, submitted to the Planning Department. Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? The motion carries. ************************************* Southold Town Plannina Board Paae Thirtv-Eiaht February 13, 2006 Set Hearings: North Fork Self Storaae: This proposal is for a mini self-storage facility with five buildings of 37,925 sq. ft. on a 3.06-acre parcel in the LI Zone located approximately 370' e/o Depot Lane on the n/s/o County Road 48 in Cutchogue SCTM #1000-96-1-1.4 Ken Edwards: WHEREAS, the site plan is for a mini self-storage facility with 5 buildings of 37,925 sq. ft. on a 3.06 acres parcel in the LI Zone located approximately 370' e/o Depot Lane on the n/s/o County Road 48 in Cutchogue SCTM #1000-96.-1-1.4; be it therefore RESOLVED, that the Southold Town Planning Board set Monday, March 13,2006, at 6:05 p.m. for a final public hearing on the maps dated December 2001 and last revised December 2005. Martin Sidor: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? The motion carries. ************************************* Ehrlich Gift Shoo: This proposal is to alter an existing 1,929 s.f. two-story single family dwelling into a 572 s.f. retail store, with 941 s.f. of storage and 416 s.f. of miscellaneous space 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 Joe Townsend: WHEREAS, the site plan is for alteration of an existing 1,929 sq.ft. two-story single family dwelling into a 572 sq. ft. retail store with 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; be it therefore RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act (6 NYCRR), Part 617.5@ (7), makes a determination that the proposed action is a Type II and not subject to review; Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion carries. ----- South old Town Plannina Board Paae Thirtv-Nine February 13. 2006 Joe Townsend: and be it FURTHER RESOLVED, that the Southold Town Planning Board set Monday, March 13,2006 at 6:10 p.m. for a final public hearing on the maps dated January 13, 2006 and last revision known as "E". Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? And the motion carries. ******************************************* SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT 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 Martin Sidor: WHEREAS, the proposed action involves a site plan that proposes 17 boat racks storing 9 boats per rack for a total of 153-boat capacity, 10 wet boat slips, use of an existing restaurant and storage building on a 3.25-acre parcel in the Mil Zone located 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 February 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 South old 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 ------- Southold Town Plannina Board Paae Fortv February 13, 2006 RESOLVED, thatthe Southold Town Planning Board, pursuant to Part 617 of the Environmental Conservation Law acting under the State Environmental Quality Review Act, leaves the significance determination open pending submission of supplemental information. Joe Townsend: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion carries. ******************************************* Determinations: BCB Realtv Holdina Coro.: This site plan proposes the demolition of an existing restaurant building and new construction of two buildings that includes a building on the e/s with 3,964 sq. ft. of first floor office space, a 3,706 sq. ft. second floor apartment space with three apartments, and a building on the w/s with 4,424 sq. ft. of commercial bank space with drive-up teller service on a 1.41-acre parcel in the B Zone located on the n/s/o NYS Road 25 approximately 259' w/o Moore's Lane known as 74825 Main Road in Greenport. SCTM# 1000-45-4-8.3 Georae Solomon: WHEREAS, the proposed action involves the demolition of an existing restaurant building, proposed new construction of two buildings that includes a building on the e/s with 3,964 sq. ft. of first floor office space and a 3,706 sq. ft. second floor apartment space with three apartments, and a building on the w/s with 4,424 sq. ft. of commercial bank space with drive up teller service on a 1.41 acre parcel in the B Zone located on the n/s/o NYS Road 25 approximately 259' w/o Moore's Lane known as 74825 Main Road in Greenport. SCTM# 1000-45-4-8.3; and WHEREAS, the Southold Town Planning Board retained Nelson, Pope and Voorhis, LLC to review the Long Environmental Assessment Form for further completeness and potential adverse impacts as a result of the proposed action; and WHEREAS, on July 20,2005, the South old Town Trustees reviewed the project and approved the project under permit number 6158; and WHEREAS, on September 27,2005, Nelson Pope and Voorhis, LLC submitted the report titled: "Environmental Assessment Review Environmental and Plannina Considerations 74825 Main Road @ Greenport" and recommended a request for additional information to determine significance; and -- ----- -------.-..--- South old Town Plannina Board Paae Fortv-One February 13. 2006 WHEREAS, on October 18, 2006, the Southold Town Planning Board started the lead agency coordination process on this Unlisted Action; and WHEREAS, on December 19, 2006, the Suffolk County Planning Department "considered to be a matter for local determination"; and WHEREAS, on December 20, 2006, the New York State DEC responded with no objection to the Town of Southold Planning Board assuming lead agency status; and WHEREAS, on January 19, 2006, the Suffolk County Department of Health Services reviewed and issued the SPDES permit under reference no. c-10-05-0013; and WHEREAS, on January 30, 2006, Nelson Pope and Voorhis, LLC submitted a report and the Planning Board accepts the report recommendation as submitted; and WHEREAS, on February 3, 2006, the New York State DEC reviewed the project and issued a letter of Non Jurisdiction under application number 1-4738-03563/00001; and be it therefore RESOLVED, that on February 13, 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, as lead agency, makes a determination of non-significance and grants a Negative Declaration. Ken Edwards: Second the motion. Chairperson Woodhouse: I would like to take a roll call vote on this one. Joe Townsend: I am going to abstain on this; I may have a possible conflict through a business relationship I have with one of the applicants and I have to check with the attorneys, so... Ken Edwards: Yes. Chairperson Woodhouse: Yes. Georae Solomon: Yes. Martin Sidor: Yes. Chairperson Woodhouse: The motion carries. ************************************ ------ ---.- ---- ----....-- South old Town Plannina Board Paae Fortv-Two February 13. 2006 APPROVAL OF PLANNING BOARD MINUTES Chairperson Woodhouse: I will entertain a motion to approve the Board Minutes of September 12, 2005. Ken Edwards: So moved. Georae Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? The motion carries. Is there anyone else here to address the Board on any matter? I will entertain a motion for adjournment. Ken Edwards: So moved. Georae Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: The motion is approved; we will adjourn and we will continue our work Session for about 15 minutes. There being no further business to come before the Board, the meeting was adjourned at 7:30 p.m. Respectfully Submitted: ~ Linda Randolph Secretary ,gJ~ . Woodhouse, Chairperson ----------