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HomeMy WebLinkAboutPB-12/12/2005 KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND MAIUNG ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair Telephone: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD RECEIVED December 12, 2005 6:00 p.m. OCT 1 9 2006 3 '. \Opn-, Southold Town Clerk PUBLIC MEETING MINUTES Present were: Jerilyn B. Woodhouse, Chairperson William Cremers, Member Kenneth Edwards, Member George Solomon, Member Bruno Semon, Senior Site Plan Reviewer Anthony Trezza, Senior Planner Victor L'Eplattenier, Planner Linda Randolph, Secretary PUBLIC HEARINGS SETTING OF THE NEXT PLANNING BOARD MEETING Chairperson Woodhouse: Good evening, and welcome to the December 12th meeting of the Southold Town Planning Board, the last meeting of 2005. As our first order of business, I will entertain a motion to set Monday, January 9th, 2006 at 6:00 p.m. here at the South old Town Hall, Main Road, Southold, as the time and place for the next regular Planning Board Meeting. Ken Edwards: So moved. Bill Cremers: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion carries. Southold Town Planning Board Page Two December 12,2005 Public Hearings: Glover. Leander: Proposal is to subdivide a 12.57-acre parcel into two lots where Lot 1 equals 11.57 acres and Lot 2 equals 1 acre and is improved with a single-family residence. The property is located on the slslo Cox's Lane approximately 1500' nlw of Main Road in Cutchogue. SCTM# 1000-96-3-7.1 Chairperson Woodhouse: We have one public hearing to begin with. The public will have the opportunity to address the Board. When you do address us, please go to either of these microphones and list your name on the sheet that's there so that we have a good way of reading your name when we do our transcript, and tell us who you are when you come forward. Is there anyone who would like to speak on behalf of this application? Bob Glover: Good evening. I'm here on behalf of the applicant. At least for us, it's a relatively simple matter. What I would like to say tonight is; I want to thank the Planning Board even before they take any action, for their patience on this matter, and their work on it. Specifically, I would like to thank Anthony Trezza who really helped the family out quite a bit. As you all know, going through the Health Department is not an easy process. That was quite lengthy as you know for the years this has taken. But when we got to the Town matter, Anthony really helped out a lot. And, like I said, even before taking any action I would just like to thank everybody for their work. Thank you. Chairperson Woodhouse: Thank you. Is there anyone else who would like to address the Board on this matter? Hearing none, I will entertain a motion to close the hearing. Georae Solomon: so moved. Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion is carried. Bill Cremers: I will offer the following: WHEREAS, the proposal is to subdivide a 12.57- acre parcel into two lots where Lot 1 equals 11.57 acres and Lot 2 equals 1 acre and is currently improved with a single family residence; and WHEREAS, the Southold Town Planning Board granted conditional sketch plan approval on February 10, 2003 for the proposed action; and WHEREAS, on February 14, 2005, the South old Town Planning Board determined that the subject application would enter the subdivision application process at the preliminary plat approval stage; and Southold Town Planning Board Page Three December 12, 2005 WHEREAS, the applicant submitted the approved Health Department map on October 21,2005; and WHEREAS, an application and fee for final plat approval was submitted on October 31, 2005; and WHEREAS, on November 7,2005, the Southold Town Planning Board granted conditional preliminary plat approval upon the maps prepared by John C. Ehlers, Land Surveyor, dated January 13, 2005, and last revised on February 2,2005; and WHEREAS, on December 9, 2005 the applicant submitted eight (8) paper prints and five (5) mylars of the final map, each containing the Health Department stamp of approval; and WHEREAS, the applicant has submitted the park and playground fee in the amount of $7,000; and WHEREAS, on December 9, 2005, the applicant submitted a copy of the filed Declaration of Covenants and Restrictions; be it therefore RESOLVED, that the South old Town Planning Board finds that the applicant has satisfied all of the requirements of conditional preliminary approval; Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion carries. Bill Cremers: and be it further RESOLVED, that the South old Town Planning Board hereby grant Final Plat Approval upon the maps prepared by John C. Ehlers, Land Surveyor, dated January 13, 2005, and last revised on February 2, 2005, and authorize the Chair of the Planning Board to endorse the maps. Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion carries. We're done. Bob Glover: Thank you. Chairperson Woodhouse: You're welcome. South old Town Planning Board Page Four December 12, 2005 Hearings Held Over From Previous Meetings: Charnews, Daniel & SteDhanie: This proposal is to subdivide a 23.4004-acre parcel into two lots where Lot 1 equals 3 acres and Lot 2 equals 20.4004 acres. The property is located on the wlslo Youngs Avenue and the elslo Horton Lane, approximately 375' south of CR 48 in Southold. SCTM#1000-63-1-25 Ken Edwards: I will offer the following: BE IT RESOLVED that the South old Town Planning Board hereby holds open the public hearing for the Charnews Subdivision. Bill Cremers: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion carries and that hearing is continued to be held over. ***************************** Caselnova, RalDh & 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 nlslo NYS Route 25, approximately 1,740 feet wlo Browns Hill Road in Orient. SCTM#'s 1000-18-3-9.8 & 9.9 Bill Cremers: BE IT RESOLVED that the South old Town Planning Board hereby holds open the public hearing for the Caselnova Subdivision. Georae Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? And that motion carries. ***************************** South old Town Planning Board Page Five December 12, 2005 CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE. SUBDIVISIONS (Lot Line Changes) Final Determinations: Elvsian Field: This proposed standard subdivision is for 5 lots on 37.85 acres where Lot 1 equals 1.83 acres, Lot 2 equals 1.83 acres, Lot 3 equals 1.83 acres, Lot 4 equals 1.83 acres and Lot 5 equals 28.40 acres upon which a Conservation Easement was granted to the Peconic Land Trust and includes a 2.09-acre building envelope. The property is located on the nlslo State Route 25 approximately 545 feet wlo Maple Avenue in Southold. SCTM#1000-75-2-2 Georqe Solomon: WHEREAS, this proposal is to subdivide a 37.85-acre parcel into 5 lots where Lot 1 equals 1.83 acres, Lot 2 equals 1.83 acres, Lot 3 equals 1.83 acres, Lot 4 equals 1.83 acres and Lot 5 equals 28.40 acres upon which a Conservation Easement was gifted to the Peconic Land Trust and includes a 2.09-acre building envelope; and WHEREAS, the South old Town Planning Board granted conditional sketch plan approval by resolution, dated August 10, 2004, on the map prepared by John C. Ehlers, LS, dated June 9, 2004 and last revised July 23, 2004; and WHEREAS, the Southold Town Planning Board granted conditional preliminary approval by resolution, dated October 5, 2004, on the map prepared by John C. Ehlers, LS, dated June 9,2004 and last revised August 13, 2004; and WHEREAS, the South old Town Planning Board granted conditional final approval by resolution dated June 13, 2005, on the map prepared by John C. Ehlers, LS dated June 9, 2004 and last revised May 3, 2005; and WHEREAS, the applicant submitted a copy of the final map on November 15, 2005; and WHEREAS, on August 1, 2005, the applicant submitted copies of the filed Covenants and Restrictions and the Road and Maintenance Agreement as required by the South old Town Planning Board; and WHEREAS, on December 12,2005, the applicant submitted a Letter of Credit in the amount of $57,400; and WHEREAS, the applicant has paid the administration fee in the amount of $3,444; and WHEREAS, the applicant has paid the park and playground fee in the amount of $20,000; be it therefore South old Town Planning Board Page Six December 12, 2005 RESOLVED, that the South old Town Planning Board hereby accepts the December 5, 2005 North Fork Bank Letter of Credit #3330001258 in the amount of $60,844 and recommends same to the Town Board; Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion carries. Georae Solomon: and be it further RESOLVED, that the Southold Town Planning Board finds that all of the conditions of conditional final approval have been satisfied by the applicant; 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 grant Final Plat Approval upon the map prepared by John C. Ehlers, LS, dated June 9, 2004 and last revised October 6, 2005, and authorize the Chairperson to endorse the final maps, after the Town Board accepts the Letter of Credit by formal resolution. Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? And the motion carries. ***************************************** Tramontana/DeWolfe: Proposal is for a lot line change transferring 198 sJ. from Lot 1 (SCTM#1 000-34-3-39) to Lot 2 (SCTM#1 000-34-3-50) where, following the transfer, Lot 1 will equal 4,922.19 sJ. and Lot 2 will equal 4,925.86 sJ. The properties are located on the wlslo Sterling Place approximately 82' nlo Bridge Street in Greenport. South old Town Planning Board Page Seven December 12, 2005 Ken Edwards: WHEREAS, the proposed lot line change will transfer 198 s.1. from Lot 1 (SCTM#1000-34-3-39) to Lot 2 (SCTM#1000-34-3-50) and, following the transfer, Lot 1 will equal 4,922.19 s.1. and Lot 2 will equal 4,925.86 s.1.; and WHEREAS, the Zoning Board of Appeals granted the necessary relief for the proposed action on January 8, 2005; and WHEREAS, the Southold Town Planning Board granted conditional final approval upon the surveys prepared by John C. Ehlers, L.S., dated September 12, 2001; and WHEREAS, on November 17, 2005, the applicant submitted a copy of the recorded deed as required by the South old Town Planning Board; be it therefore RESOLVED, that the Southold Town Planning Board grant final approval on the surveys prepared by John C. Ehlers, L.S., dated September 12, 2001, and authorize the chair to endorse the maps. Georae Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? And the motion carries. ************************************** Morris. Davsman & Nannie: This proposal is to subdivide a 15,423 s.1. parcel into two lots where Lot 1 equals 9,794 s.1. and Lot 2 equals 5,629 s.1. The property is located on the n/s/o Brown Street and the s/s/o Linnet Street, approximately 313 feet w/o 7th Street in Greenport. SCTM#'s 1000-48-3-7.1 & 48-3-24 Bill Cremers: WHEREAS, this proposal is to subdivide a 15,423 s.1. parcel into two lots where Lot 1 equals 9,794 s.1. and Lot 2 equals 5,629 s.t..; and WHEREAS, on October 17, 2005, the Southold Town Planning Board granted sketch approval on the surveys prepared by John C. Ehlers, L.S. dated September 23, 2005; and WHEREAS, on November 8, 2005, the South old Town Planning Board granted preliminary plat approval upon the surveys prepared by John C. Ehlers, L.S. dated September 23, 2005; and WHEREAS, on November 8, 2005, the South old Town Planning Board granted conditional final plat approval upon the on the surveys prepared by John C. Ehlers, L.S. dated September 23, 2005; and South old Town Planning Board Page Eight December 12,2005 WHEREAS, on November 18, 2005, the agent for the applicant submitted an original undertaking stating that a new deed, which includes the garage encroachment, will be filed with the Office of the County Clerk and that a copy of same will be submitted to the Planning Board; be it therefore RESOLVED, that the South old Town Planning Board hereby grant Final Plat Approval upon the surveys prepared by John C. Ehlers, L.S. dated September 23, 2005, and authorize the Chairperson to endorse the maps. GeorQe Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? And that motion carries. ********************************************************** Greaersen's Keep LLC: Proposal is to subdivide a 81,913 s.f. parcel into two lots, where Lot 1 equals 40,913 s.f. and Lot 2 equals 41,000 s.f. The property is located at the terminus of Gull Pond Lane in Greenport. SCTM#'s 35-3-12.6 & 12.7 Chairperson Woodhouse: WHEREAS, this proposal is to subdivide an 81,913 s.f. parcel into two lots, where Lot 1 equals 40,913 s.f. and Lot 2 equals 41,000 s.f.; and WHEREAS, the Town of Southold Zoning Board of Appeals granted the necessary relief for the proposed action on April 14, 2005; and WHEREAS, on August 8, 2005, the Southold Town Planning Board granted conditional sketch approval upon the map prepared by John C. Ehlers, L.S. dated November 18, 2004 and last revised on November 30, 2004; and WHEREAS, on November 7,2005, the South old Town Planning Board granted conditional preliminary plat approval upon the map prepared by John T. Metzger, L.S. dated July 15, 2005 and last revised on October 31, 2005; and WHEREAS, on December 9, 2005, the applicant submitted an application and fee for final plat approval; and WHEREAS, on December 12, 2005, the applicant submitted five (5) mylars and eight (8) paper prints of the final map, each containing the Health Department stamp of approval; and South old Town Planning Board Page Nine December 12, 2005 WHEREAS, the applicant has requested that the final public hearing be waived for this project because the final map is in substantial agreement with the approved preliminary map, pursuant to Section A106-28 of the Town Code; and WHEREAS, on August 16, 2005, the applicant submitted the park and playground fee in the amount of $7,000; and WHEREAS, on December 9, 2005, the applicant submitted a copy of the filed Declaration of Covenants and Restrictions; be it therefore RESOLVED, that the South old Town Planning Board hereby waives the final public hearing for this project, because the final map is in substantial agreement with the approved preliminary map; Georae Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? And that motion carries. and be it further RESOLVED, that the Southold Town Planning Board finds that all of the conditions of conditional final approval have been satisfied by the applicant; Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? And that motion carries. and be it further RESOLVED, that the South old Town Planning Board hereby grants Final Plat Approval upon the map prepared by John T. Metzger, L.S. dated July 15, 2005 and last revised on November 5, 2005, and authorize the Chair of the Planning Board to endorse the final maps. Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? And that motion carries. ********************************************************* Southold Town Planning Board Page Ten December 12, 2005 Conditional Final Extensions: Dubner. Steven: This proposal is for a clustered conservation subdivision of a 53.77- acre parcel into five lots where Lot 1 equals 46.22 acres, Lot 2 equals 3 acres, Lot 3 equals 1.5 acres, Lot 4 equals 1.3 acres and Lot 5 equals 1.7 acres in the A-C Zoning District. The property is located on the slslo County Road 48 and the elslo Cox's Lane, approximately 1,320' wlo Bridge Lane in Cutchogue. SCTM# 84-4-6.1 Bill Cremers: I will offer the following: WHEREAS, this proposal is for a clustered conservation subdivision to subdivide a 53.77-acre parcel into five lots where Lot 1 equals 46.22 acres, Lot 2 equals 3 acres, Lot 3 equals 1.5 acres, Lot 4 equals 1.3 acres and Lot 5 equals 1.7 acres in the A-C Zoning District; and WHEREAS, the Development Rights are proposed to be sold to the Town of Southold upon 46.22 acres (Lot 1); and WHEREAS, on September 13,2004, the South old Town Planning Board granted conditional sketch approval upon the map prepared by John C. Ehlers, LS dated as last revised September 5, 2003; and WHEREAS, on June 13,2005, Southold Town Planning Board granted conditional final approval upon the plat prepared by John C. Ehlers, LS, dated as last revised May 24, 2005; and WHEREAS, in a letter dated December 6, 2005, the applicant has requested an extension of time in order to meet the conditions of conditional final approval; be it therefore RESOLVED, that the Planning Board grant an extension of time for conditional final plat approval effective from December 13, 2005 until June 13, 2006. Georae Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? The motion carries. **************************** Preliminary Extensions: Ioannou. Constantine: This proposed standard subdivision is for 3 lots on 6.81 acres where Lot 1 equals 92,332 sq. ft., Lot 2 equals 124,679 sq. ft., inclusive of the 25' wide right-of-way, and Lot 3 equals 80,000 sq. ft. The property is located on the nlslo NYS Road 25, 4,848 feet elo Kayleigh's Court in East Marion. SCTM# 23-1-14. Southold Town Planning Board Page Eleven December 12,2005 Chairperson Woodhouse: WHEREAS, this proposed standard subdivision is for 3 lots on 6.81 acres where Lot 1 equals 92,332 sq. ft., Lot 2 equals 124,679 sq. ft., inclusive of the 25' wide right-of-way, and Lot 3 equals 80,000 sq. ft.; and WHEREAS, on August 9, 2004, the South old Town Planning Board granted conditional sketch approval on the plat, dated as last revised September 7,2000; and WHEREAS, on February 14, 2005, the Southold Town Planning Board granted conditional preliminary plat approval on the plat, dated as last revised February 25, 2004; and WHEREAS, in a letter dated December 6, 2005, the applicant has requested an extension of time in order to meet the conditions of conditional preliminary plat approval; be it therefore RESOLVED, that the Planning Board hereby grant an extension of time for conditional preliminary plat approval effective from August 15, 2005 until February 15, 2006. Georqe Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion carries. *************************************** Oreaon LLC/Morrell LLC: This proposed conservation subdivision of a 52.91-acre parcel, inclusive of SCTM #1000-83-2-11.5 and SCTM #1000-83-2-12, into 7 lots where Lot 1 equals 80,143 sq. ft., Lot 2 equals 84,221 sq. ft., Lot 3 equals 80,195 sq. ft., Lot 4 equals 29.14 acres, which includes 28.22 acres proposed for Development Rights Sale to the County of Suffolk and a 40,020 sq. ft. building envelope, Lot 5 equals 80,112 sq. ft., Lot 6 equals 80,698 sq. ft., and Lot 7 equals 12.17 acres and is proposed for a Development Rights Sale to the County of Suffolk. The property is located on the nlslo Oregon Road at the terminus of Cox's Lane in Cutchogue. Ken Edwards: I will offer the following: WHEREAS, the proposed action will subdivide a 52.91 acre parcel, inclusive of SCTM#1 000-83-2-11.5 and SCTM#1000-83-2-12, into 7 lots where Lot 1 equals 80,143 sq. ft., Lot 2 equals 84,221 sq. ft., Lot 3 equals 80,195 sq. ft., Lot 4 equals 29.14 acres which includes 28.22 acres proposed for Development Rights Sale to the County of Suffolk and a 40,020 sq. ft. building envelope, Lot 5 equals 80,112 sq. ft., Lot 6 equals 80,698 sq. ft. and Lot 7 equals 12.17 acres and is proposed for a Development Rights Sale to the County of Suffolk; and South old Town Planning Board Page Twelve December 12, 2005 WHEREAS, the South old Town Planning Board granted conditional sketch plan approval by resolution, dated August 10, 2004, on the plat dated as last revised on June 30, 2004; and WHEREAS, the South old Town Planning Board granted conditional preliminary approval by resolution dated November 9, 2004 on the plat dated June 30, 2004; and WHEREAS, in a letter dated December 6, 2005, the applicant has requested an extension of time in order to obtain Health Department approval and meet the conditions of conditional preliminary approval; be it therefore, RESOLVED, that the Planning Board grant an extension of time for preliminary plat approval effective from May 9, 2005 until May 9, 2006. Bill Cremers: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion carries. **************************************** Conditional Sketch Determinations: Southview Estates: This proposal is to subdivide a 13.35-acre parcel into three lots where Lot 1 equals 39,989 s.f., Lot 2 equals 33,828 s.f. and Lot 3 equals 38,319 s.f., with the remaining portion of the property preserved as open space. The property is located on the sisto Main Bayview Road, approximately 900' e/o Cedar Drive in Southold. SCTM#'s 87-5-21.4, 21.7 through 21.11 Bill Cremers: I will offer the following: WHEREAS, this proposal is to subdivide a 13.35-acre parcel into three lots where Lot 1 equals 39,989 s.f., Lot 2 equals 33,828 s.f., and Lot 3 equals 38,319 s.f., with the remaining area of the property preserved as open space; and WHEREAS, an application and fee for sketch approval was submitted on June 9, 2005; and WHEREAS, on June 9, 2005, the applicant submitted an Existing Conditions Survey, prepared by Victor Bert, P.E., of Nelson and Pope, dated May 5,3005; and WHEREAS, on June 9, 2005, the applicant submitted a Yield Map depicting a total of four (4) lots, as prepared by Victor Bert, P.E., of Nelson and Pope, dated May 5,2005; and South old Town Planning Board Page Thirteen December 12, 2005 WHEREAS, on June 9, 2005, the applicant submitted an Existing Resources and Site Analysis Plan (ERSAP), as prepared by Nelson, Pope and Voorhis, LLC, dated June 2, 2005; and WHEREAS, on July 11, 2005, the Southold Town Planning Board initiated the SEQRA lead agency coordination process for this Unlisted Action; and WHEREAS, on October 26, 2005, the applicant submitted a revised sketch plan, prepared by Victor Bert, P.E., of Nelson and Pope, dated last revised October 10, 2005; and WHEREAS, on November 18, 2005, the applicant submitted a Phase I Archaeological Survey prepared by Tracker Archeological Services, Inc., which concluded that no further archaeological investigations are needed for the project; 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; Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion carries. Bill Cremers: and be it further RESOLVED, that Southold Town Planning Board finds that the Yield Map and ERSAP, as submitted, satisfy the requirements pursuant to Sections A106-11 (A) and (B) of the South old Town Code; Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? The motion carries. Bill Cremers: and be it further RESOLVED, that the South old Town Planning Board finds that the proposal for three (3) lots is not subject to the affordable housing provisions pursuant to Section A 106-11 (B)(1 )(c) of the Southold Town Code; Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Southold Town Planning Board Page Fourteen December 12,2005 Ayes. Chairperson Woodhouse: Opposed? That motion carries. Bill Cremers: and be it further RESOLVED, that the Southold Town Planning Board hereby grant Sketch Approval upon the map, prepared by Victor Bert, P.E., of Nelson and Pope, dated last revised October 10, 2005, subject to the following conditions: 1. Submission of the application and fee for preliminary plat approval. The preliminary map should contain the following revisions: a. The title of the map shall read "Preliminary Plat of Southview Estates." b. Provide the clearing calculations for each of the lots on the map, pursuant to Section A 1 06-56(C) of the Southold Town Code. c. Provide a table showing the areas of unbuildable and buildable lands, in addition to the areas of the lots and the road. d. Clarify whether or not the 50' buffer area is part of the required open space. If not, clearly distinguish it from the open space land. e. Show test hole data, including the location of the test borings. f. Show the 16'-wide stone blend road within the 25'-wide right-of-way. g. Show the location of street trees pursuant to Section A 108-45 of the Town Code. Provide the planting details, including the species and size at planting. 2. Submission of six (6) copies of the preliminary road and drainage plans. 3. Submission of a draft bond estimate. 4. Submit a draft Road and Maintenance Agreement for the 25'-wide right-of- way. 5. Submission of a letter of water availability from the Suffolk County Water Authority. 6. Submission of a draft Open Space Easement pursuant to Section A 106- 49(C) of the Southold Town Code. 7. Submission of a draft Homeowners Association. 8. LWRP Coastal Consistency Review by the Town of Southold. 9. Submission of a permit or letter of non-jurisdiction from the New York State Department of Environmental Conservation and the Southold Town Trustees for the proposed project. 10. Submission of draft Covenants and Restrictions containing the following clauses: Southold Town Planning Board Page Fifteen December 12, 2005 a. Indicate the clearing amount for each of the lots pursuant to Section A 1 06-56(C) and as shown on the approved subdivision map. b. Road and Maintenance Agreement language. c. No further subdivision of any of the lots on the approved subdivision map, in perpetuity. d. No changes to any of the lot lines without Planning Board approval. e. No stormwater runoff resulting from the development and improvement of the subdivision or any of its lots shall be discharged into the wetlands or Corey Creek in any manner. f. All stormwater runoff resulting from the development of any or all of the lots on the subdivision map shall be retained on site and shall be the responsibility of each property owner. g. Language regarding the access to Corey Creek, as shown within the Open Space Parcel on the approved subdivision map. h. No residential structures shall be permitted on the Open Space Parcel. i. Language that establishes the 50'-wide non-disturbance buffer as shown on the approved map. j. Prior to the issuance of building permits for any of the lots on the approved map, a permit or letter of non-jurisdiction from the NYSEDC and the Town Trustees shall be required. k. 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.Submission of the park and playground fee in the amount of $14,000 ($7,000 for each new lot created). Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? And that motion carries. *************************************** Old Orchard at Cutchoaue: Proposal is to subdivide a 4.619-acre parcel into four lots, where Lot 1 equals 67,913 s.f. s.f. Lot 2 equals 40,621 s.f., Lot 3 equals 40,082 s.f. and Lot 4 equals 44,830 s.f. The property is located on the northwest corner of New Suffolk Road and Cedars Road in Cutchogue. SCTM# 109-6-9.1 South old Town Planning Board Page Sixteen December 12, 2005 Chairperson Woodhouse: WHEREAS, this proposal is to subdivide a 4.619-acre parcel into four lots, where Lot 1 equals 67,913 sJ. sJ. Lot 2 equals 40,621 sJ., Lot 3 equals 40,082 sJ. and Lot 4 equals 44,830 sJ.; and WHEREAS, an application for sketch approval was submitted on November 20, 2001 but remained inactive during the Town's moratorium; and WHEREAS, the applicant resubmitted a sketch plan on June 20, 2005 and the Existing Resource Site Analysis Plan (ERSAP) on September 23, 2005; and WHEREAS, the applicant submitted a Phase 1 Archeological Survey on September 6, 2005, which concluded that no further archaeological investigations are needed for the project; and WHEREAS, on October 27,2005, the applicant submitted a Letter of Water Availability as issued by the Suffolk County Water Authority; and WHEREAS, the South old Town Planning Board initiated the SEQRA lead agency coordination on October 17, 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; Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? Motion carried. and be it further RESOLVED, that South old Town Planning Board finds that the sketch plan, prepared by Jeffrey Butler, P.E. and dated October 14, 2005, satisfies the yield map requirements pursuant to Section A 106-11 (B) of the Southold Town Code; Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion carries. And be it further RESOLVED, that the Southold Town Planning Board finds that the Existing Resources and Site Analysis Plan, prepared by Jeffrey Butler and dated September 14, 2005, satisfies the ERSAP requirements pursuant to Section A 106-11 (A) of the Southold Town Code; Southold Town Planning Board Page Seventeen December 12, 2005 Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion carries. And be it further RESOLVED, that the Southold Town Planning Board finds that the proposal for four (4) lots is not subject to the affordable housing provisions pursuant to Section A 106- 11 (B)(1 )(c) of the Southold Town Code; Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion carries. And be it further RESOLVED, that the South old Town Planning Board hereby grant Sketch Approval upon the map, prepared by Jeffrey Buter, P.E, dated last revised October 14, 2005, subject to the following conditions: 1. Submission of the application and fee for preliminary plat approval. The preliminary map shall contain the following revisions: a. The title of the map shall read "Preliminary Plat for the Subdivision of Old Orchard at Cutchogue." 2. Submission of the LWRP Coastal Consistency Form. 3. Submission of draft Covenants and Restrictions containing the following clauses: a. Indicate the clearing amount for each of the lots pursuant to Section A 1 06-56(C) and as shown on the approved subdivision map. b. Access to Lots 1 , 2 and 3 shall be from New Suffolk Road. Access to Lot 4 shall be from Case's Lane. c. No further subdivision of any of the lots on the approved subdivision map, in perpetuity. d. No changes to any of the lot lines without Planning Board approval. e. All stormwater runoff resulting from the development of any or all of the lots on the subdivision map shall be retained on site and shall be the responsibility of each property owner. f. 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. Southold Town Planning Board Page Eighteen December 12, 2005 4. Submission of the park and playground fee in the amount of $21 ,000 ($7,000 per new lot created). Ken Edwards: Second. Chairoerson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion carried. ************************************ Cleaves Point Manor: Proposal is to subdivide a 4.04-acre parcel into four (4) lots where Lot 1 equals 44,004 s.f., Lot 2 equals 44,004 s.f., Lot 3 equals 44,004 s.f. and Lot 4 equals 44,004 s.f. in the R-40 Zoning District. The property is located on the wlslo Shipyard Lane, approximately 173' slo Gus Drive in East Marion. SCTM# 38-7-9 Georqe Solomon: I would like to offer the following resolution: WHEREAS, this proposal is to subdivide a 4.04-acre parcel into four (4) lots where Lot 1 equals 44,004 s.f., Lot 2 equals 44,004 s.f., Lot 3 equals 44,004 s.f. and Lot 4 equals 44,004 s.f. in the R-40 Zoning District; and WHEREAS, an application and fee for sketch approval was submitted on October 25, 2005; and WHEREAS, the South old Town Planning Board initiated the SEQRA lead agency coordination on November 10, 2005; be it therefore RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, establishes itself as lead agency for the unlisted action and, as lead agency, grants a Negative Declaration for the proposed action; Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes. Chairoerson Woodhouse: Opposed? Motion carried. Georqe Solomon: and be it further RESOLVED, that Southold Town Planning Board finds that the survey dated May 21, 2005 and last revised July 29, 2005 satisfies the yield map requirement pursuant to Section A106-11(B) ofthe South old Town Code; Southold Town Planning Board Page Nineteen December 12, 2005 Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion carried. Georqe Solomon: and be it further RESOLVED, that South old Town Planning Board finds that the proposal for four (4) lots is not subject to the affordable housing provisions pursuant to Section A106-11(B)(1)(c) of the South old Town Code; Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion carries. Georqe Solomon: and be it further RESOLVED, that South old Town Planning Board hereby grant Sketch Approval upon the map prepared by John T. Metzger, L.S. dated May 21, 2005 and last revised July 29, 2005, subject to the following conditions: 1. Submission of the application and fee for Preliminary Plat Approval. 2. Submission of the preliminary map, containing the following revisions: a. Show test hole data. b. The title of the map should read "Preliminary Plat for the Standard Subdivision of Cleaves Point Manor." c. Provide clearing calculations for each of the lots in accordance with Section A106-56(C) of the South old Town Code. 3. Submission of the LWRP Coastal Consistency Review Form. 4. Submission of the Existing Resources and Site Analysis Plan pursuant to Section A 106-11 (A) of the Southold Town Code. 5. Submission of a Phase I Archaeological Survey. 6. Submission of draft Covenants and Restrictions containing the following clauses: g. Indicate the clearing amount for each of the lots pursuant to Section A106-56(C) and as shown on the approved subdivision map. h. Access to Lots1, 2, 3 and 4 shall be from Shipyard Lane as shown on the approved map. i. No further subdivision of any of the lots on the approved subdivision map, in perpetuity. j. No changes to any of the lot lines without Planning Board approval. k. All stormwater runoff resulting from the development of any or all of the lots on the subdivision map shall be retained on site and shall be the responsibility of each property owner. Southold Town Planning Board Page Twenty December 12,2005 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. 7. Submission of a letter of water availability from the Suffolk County Water Authority. 8. Submission of the Park and Playground Fee in the amount of $21 ,000 ($7,000 for each new lot created). Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion carried. ***************************** Conditional Sketch Extensions: Grattan. Joseph & 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 147 feet nlo School House Lane and wlo Depot Lane in Cutchogue. SCTM# 102-1-9 Ken Edwards: I will offer the following resolution: WHEREAS, this proposal is to subdivide a 27.44 acre parcel into two lots where Lot 1 equals 1.83 acres and Lot 2 equals 25.608 acres; and WHEREAS, the South old Town Planning Board granted conditional sketch plan approval on November 10, 2003 for the proposed action; and WHEREAS, on February 14, 2005, the Southold Town Planning Board hereby granted an extension of time for sketch approval until May 10, 2005; and WHEREAS, in a letter dated December 6, 2005, the applicant has requested a second extension of time in order to meet the conditions of conditional sketch approval; be it therefore RESOLVED, that the Southold Town Planning Board hereby grant an extension of time for conditional sketch approval effective from May 10, 2005 until May 10, 2006. Georae Solomon: Second. Chairperson Woodhouse: All in favor? South old Town Planning Board Page Twenty-One December 12, 2005 Ayes. Chairoerson Woodhouse: Opposed? And that motion carries. ***************************************** Estate of Bertha Pawluczvk: This proposal is to subdivide a a 4.193-acre parcel into two lots where Lot 1 equals 40,000 sq.ft. and Lot 2 equals 142,667 sq.ft. The parcel is located on the slslo C.R. 48 (Middle Road) in Peconic in the A-C Zoning District. SCTM# 84-5-4 Bill Cremers: I will offer the following: WHEREAS, this proposal is to subdivide a 4.193-acre parcel into two lots where Lot 1 equals 40,000 sq.ft. and Lot 2 equals 142,667 sq.ft.; and WHEREAS, the South old Town Planning Board granted sketch plan approval on the maps, dated as revised March 13, 2004 on June 14,2004; and WHEREAS, the applicant has requested an extension of time in order to obtain Health Department approval and meet the conditions of sketch approval; therefore, be it RESOLVED, that the Planning Board grant an extension of time for sketch plan approval effective from June 14, 2005 until June 14, 2006. Ken Edwards: Second the motion. Chairoerson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? Extension is granted. ********************************* Badenchini. Luiai/Oreaon Landino II: This proposed clustered conservation subdivision is to subdivide a 32.73-acre parcel into 5 lots where Lot 1 equals 2.07 acres, Lot 2 equals 4.37 acres, inclusive of a 2.36 acre right-of-way, Lot 3 equals 1.18 acres, Lot 4 equals 1.24 acres and Lot 5 equals 23.75 acres upon which the Development Rights are proposed to be sold to the Town of Southold. The property is located on the nlslo Oregon Road, approximately 135' wlo Alvah's Lane, in Cutchogue. SCTM# 95-1-5 South old Town Planning Board Page Twenty-Two December 12, 2005 Ken Edwards: I will offer the following: WHEREAS, this proposed clustered conservation subdivision is to subdivide a 32.73-acre parcel into 5 lots where Lot 1 equals 2.07 acres; Lot 2 equals 4.37 acres, inclusive of a 2.36 acre right-of-way; Lot 3 equals 1.18 acres; Lot 4 equals 1.24 acres and Lot 5 equals 23.75 acres upon which the Development Rights are proposed to be sold to the Town of Southold; and WHEREAS, on November 8, 2004, the Southold Town Planning Board granted conditional sketch approval upon the map prepared Anthony Abruzzo, L.S. dated October 30, 2003 and last revised on June 11, 2004; and WHEREAS, in a letter dated November 22, 2005, the applicant requested an extension of time as Health Department approval remains pending at this time; be it therefore RESOLVED, that the South old Town Planning Board hereby grant an extension oftime for conditional sketch plan approval from May 8, 2005 until May 8, 2006. Bill Cremers: Second. Chairoerson Woodhouse: All in favor? Ayes. Chairoerson Woodhouse: Opposed? The motion carries. ********************************* Cichanowicz. David: This proposal is to subdivide a 24.82-acre parcel into 4 lots where Lot 1 equals 73,336 sq.ft., Lot 2 equals 73,336 sq. ft., Lot 3 equals 19.415 acres upon which the Development Rights have been sold to the County of Suffolk, and Lot 4 equals 2.0 acres. The property is located slo State Road 25, 1506' elo Indian Neck Road and nlo Leslie Road in Peconic. SCTM#'s 85-3-10.3-10.4 & 97-10-2 Bill Cremers: I will offer the following: WHEREAS, this proposal is to subdivide a 24.82-acre parcel into 4 lots where Lot 1 equals 73,336 sq. ft., Lot 2 equals 73,336 sq. ft., Lot 3 equals 19.415 acres upon which the Development Rights have been sold to the County of Suffolk, and Lot 4 equals 2.0 acres.; and WHEREAS, the proposed action is classified as a Conservation Subdivision pursuant to Chapter A106 ofthe Town of South old Town Code; and WHEREAS, on April 11 , 2005 the South old Town Planning Board granted conditional sketch approval upon the map prepared by Anthony W. Lewandowski, L.S. dated June 28,1999 and last revised October 7,2000; and WHEREAS, in a letter dated November 22, 2005, the applicant requested an extension of time as Health Department approval remains pending at this time; be it therefore South old Town Planning Board Page Twenty-Three December 12, 2005 RESOLVED, that the Southold Town Planning Board hereby grant an extension of time for the sketch plan approval from October 11, 2005 until April 11 , 2006. Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? And the motion carries. ********************************* CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE- SUBDIVISIONS (Lot Line Changes) - STATE ENVIRONMENTAL QUALITY REVIEW ACT Lead Agency Coordination: Sterlina Harbor, Inc.: Proposal is for a standard subdivision of 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 nlslo Main Bayview Road, 300.21' elo Midland Parkway in Southold. SCTM# 88-2-15 Ken Edwards: I will offer the following: WHEREAS, this proposal is for a standard subdivision of 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; be it therefore RESOLVED, that the South old Town Planning Board start the SEQR lead agency coordination process for this unlisted action; Bill Cremers: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion carries. South old Town Planning Board Page Twenty-Four December 12, 2005 Ken Edwards: and be it further RESOLVED, that the South old Town Planning Board credits the $3,000 in previously paid fees towards the new application. Bill Cremers: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? And that motion carries. ************************************************ SITE PLANS Set Hearings: RMB Realty. LLC (Medical Arts Bldal: This proposed site plan is for two new one- story buildings of 7,000 sq. ft. each with 10 separate offices for a total of 14,000 sq. ft. on a 2.437-acre parcel in the LB Zone Located at the intersection on the slslo County Road 48 and the elslo Horton Lane, known as 43960 County Road 48, in Southold. SCTM# 1000-63-1-15 Bill Cremers: I will offer the following: be it RESOLVED, that the Southold Town Planning Board set Monday, January 9, 2006, at 6:00 p.m. for a final public hearing on the maps dated March 12, 2003 and last revised December 2005. Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? And the motion carries. ************************************************ Southold Town Planning Board Page Twenty-Five December 12, 2005 OTHER Review Extensions: BCB Realtv Holdina CorD.: This site plan is for 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 also known as 74825 Main Road in Greenport. SCTM# 1000-45-4-8.3 Georae Solomon: I'd like to offer the following: 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 South old 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, 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, on September 27,2005, Nelson Pope and Voorhis, LLC submitted the report titled: "Environmental Assessment Review Environmental and Plannina Considerations 74825 Main Road @. GreenDort" and recommended a request for additional information to determine significance; and WHEREAS, as of December 12, 2005, 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, the South old Town Planning Board has established itself as lead agency pursuant to SEQRA; be it therefore Southold Town Planning Board Page Twenty-Six December 12, 2005 RESOLVED, that the Southold Town Planning Board, pursuant to Part 617 of the Environmental Conservation Law acting under the State Environmental Quality Review Act, leaves the significance determination open pending submission of supplemental information. Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? And that motion carries. ************************************************ Matt-a-Mar Marina Expansion: This amended site plan is for new boat storage building of 28,480 sq. ft. and new 2 story office of 6,778 sq. ft. on an 8.5-acre parcel in the M-II Zone located on the wlslo Wickham Avenue approximately 210' nlo Freeman Avenue, known as 2255 Wickham Avenue in Mattituck. SCTM#1000-114-3-1 Chairperson Woodhouse: WHEREAS, the proposed action involves an amended site plan for a new boat storage building of 28,480 sq. ft. and new 2-story office of 6,778 sq. ft. on an 8.5-acre parcel in the M-II Zone located approximately 210' nlo Freeman Avenue on the wlslo Wickham Avenue, known as 2255 Wickham Avenue, Mattituck, SCTM#1 000-114-3-1 ; and WHEREAS, on March 14,2005 the South old Town Planning Board started the lead agency coordination process on this Unlisted Action; and WHEREAS, on August 8, 2005, the Southold Town Planning Board has established itself as lead agency pursuant to SEQRA; and WHEREAS, the South old 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; 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 20, 2005, the Planning Departments Staff sent the agents letter dated September 23, 2005 to NPV for review and comments; 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 Southold Town Planning Board Page Twenty-Seven December 12, 2005 WHEREAS, on November 8, 2005, the Planning Board held off issuing a determination of significance pending receipt of supplemental information; and WHEREAS, on December 1, 2005, the applicant's agent submitted a letter from James J. Deerkoski, P.E. in response to the supplemental information; and WHEREAS, on December 5, 2005, the Planning Board held a work session and agreed to send this information to NPV for review and comments; and WHEREAS, on December 12, 2005, the Planning Board awaits the comments from NPV for the review and the Southold Town Planning Board holds off issuing a determination of significance; be it therefore RESOLVED, that the South old Town Planning Board, pursuant to Part 617 of the Environmental Conservation Law acting under the State Environmental Quality Review Act, leaves the significance determination open pending comments on the Environmental Review of the supplemental information. Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? And that motion carries. ************************************************ 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 elslo First Street approximately 32' slo King Street also known as 650 First Street in New Suffolk. SCTM# 1000-117-8-18 Chairperson Woodhouse: WHEREAS, the proposed action involves a site plan that proposes 17 boat racks storing 9 boats per rack for a total of 153-boat capacity, 10 wet boat slips, use of an existing restaurant and storage building on a 3.25-acre parcel in the Mil Zone located on the elslo First Street approximately 32' slo 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 South old Planning Board informed the New York State Department of Environmental Conservation that the Town of South old Planning Board requested to establish itself as Lead Agency for the proposed action; and South old Town Planning Board Page Twenty-Eight December 12, 2005 WHEREAS, as of December 12,2005, the applicant's agent has not submitted any new supplemental information for review and the Planning Board agreed to allow additional time for the submission of supplemental information prior to the Southold Town Planning Board issuing a determination of significance; and WHEREAS, pursuant to Article 617.13 of the State Environmental Quality Review Act the applicant will be financially responsible for costs of preparing the Environmental Impact Statement; and WHEREAS, the South old Town Planning Board has established itself as lead agency pursuant to SEQRA; be it therefore RESOLVED, that the South old Town Planning Board, pursuant to Part 617 of the Environmental Conservation Law acting under the State Environmental Quality Review Act, leaves the significance determination open pending submission of supplemental information. Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? And that motion carries. ************************************************ Amendments to Covenants & Restrictions: Tide Group (North Fork Industrial Park): This proposal is for 12 lots on a 29.1 O-acre parcel where Lot 1 equals 43,773 sq. ft., Lot 2 equals 47,166 sq. ft., Lot 3 equals 162,852 sq. ft., Lot 4 equals 133,594 sq. ft., Lot 5 equals 141,253 sq. ft., Lot 6 equals 120,000 sq. ft., Lot 7 equals 120,763 sq. ft., Lot 8 equals 136,860 sq. ft., Lot 9 equals 47,344 sq. ft., Lot 10 equals 40,531 sq. ft., Lot 11 equals 40,003 sq. ft., and Lot 12 equals 41,888 sq. ft. in the LI and L10 Zoning Districts. The property is located on the nle corner of CR 48 and Depot Lane Cutchogue. SCTM# 96-1-1 Bill Cremers: I will offer the following: WHEREAS, this proposal is for 12 lots on a 29.10-acre parcel where Lot 1 equals 43,773 sq. ft.; Lot 2 equals 47,166 sq. ft.; Lot 3 equals 162,852 sq. ft.; Lot 4 equals 133,594 sq. ft.; Lot 5 equals 141,253 sq. ft.; Lot 6 equals 120,000 sq. ft.; Lot 7 equals 120,763 sq. ft.; Lot 8 equals 136,860 sq. ft.; Lot 9 equals 47,344 sq. ft.; Lot 10 equals 40,531 sq. ft.; Lot 11 equals 40,003 sq. ft.; and Lot 12 equals 41,888 sq. ft. in the LI and L10 Zoning Districts; and WHEREAS, on January 10, 2005, the South old Town Planning Board granted final approval on the plat, last revised on December 8, 2004; and South old Town Planning Board Page Twenty-Nine December 12, 2005 WHEREAS, on January 20, 2005 the applicant filed a Declaration of Covenants and Restrictions with the office of the County Clerk (Liber 12367, Page 087), as required by the Planning Board; and WHEREAS, in letters dated September 22, 2005 and October 6, 2005, the applicant requested that Article II, Section 4, Paragraph C of the Declaration of Covenants and Restrictions be amended to replace the 20' -wide vegetative buffer with a 5' -wide vegetative buffer along the easterly property line abutting the Town of South old Landfill; and WHEREAS, the Planning Board has reviewed this request to decrease the size of the buffer, has considered the safety concerns of the community and finds that the proposed decrease in the vegetative buffer along the easterly property line will have little or no impact to the surrounding community or to the overall build-out of the subdivision; be it therefore RESOLVED, that the Southold Town Planning Board hereby approves the proposed amendment to the Covenants and Restrictions previously recorded with the Suffolk County Clerk on January 20,2005 (Liber 12367, Page 087), subject to the following conditions: 1. Submission of a draft Amended Declaration of Covenants and Restrictions that includes the proposed change to Article II, Section 4, paragraph cas noted and the following additional information: a. Add a statement indicating that all of the other clauses within the filed Covenants and Restrictions (Liber 12367, Page 087) shall remain valid. b. Add a clause, which states that the change to Article II, Section 4, paragraph c supersedes the 20'-buffer shown on the filed subdivision map. Please provide the date of filing and the filed map number. 2. The filing of an Affidavit of Correction with the Office of the County Clerk. This affidavit will be prepared by the surveyor and will provide a metes and bounds description of the new 5' buffer. A draft copy shall be submitted to the Planning Board for review prior to being filed with the County Clerk. Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairoerson Woodhouse: Opposed? And that motion carries. ************************************************ South old Town Planning Board Page Thirty December 12, 2005 APPROVAL OF PLANNING BOARD MINUTES Chairperson Woodhouse: I will entertain a motion to approve the Regular Meeting Minutes of August 8, 2005 and Special Meeting Minutes of August 22, 2005. Ken Edwards: So moved. Bill Cremers: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? And that motion carries. Is there anyone else who would like to address the Board this evening? Hearing none, I will entertain a motion to adjourn. Ken Edwards: So moved. Bill Cremers: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: We're done. And Happy New Year! See you in 2006. There being no further business to come before the Board, the meeting was adjourned at 6:25 p.m. ~,"b~+ Linda Randolph Secretary ~~ . Woodhouse, Chairperson