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Home My WebLink AboutPB-05/08/2006 MAILING 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 SOUTH OLD PUBLIC MEETING MINUTES Monday, May 8, 2006 RECEIVeD ...~ 6:00 p.m. ,TtJc? .,1m Present were: Jerilyn B. Woodhouse, Chairperson ( APff!tj 2007 hI , Kenneth L. Edwards, Member G "'....,. Martin H. Sidor, Member George Solomon, Member Soul\j(jld T("IO Chrk Joseph L. Townsend, Member Mark Terry, Senior Environmental Planner Bruno Semon, Senior Site Plan Reviewer Amy Ford, Senior Planner Linda Randolph, Secretary SETTING OF THE NEXT PLANNING BOARD MEETING Chairperson Woodhouse: Good evening and welcome to the May 8, 2006 meeting of the South old Town Planning Board. For our first order of business, I'll entertain a motion to set Monday, June 12, 2006 at 6:00 p.m. here at South old Town Hall, Main Road, Southold, as the time and the place for the next regular Planning Board Meeting. Ken Edwards: So moved. Martin Sidor: Second. Chairperson Woodhouse:. All in favor? Ayes. Chairperson Woodhouse: Opposed? The motion carries. Before we begin, for those of you who have been reading the paper about our Work Sessions, they are starting at 4:30, not 4:00; it was incorrect in the paper this week. --..--.---- South old Town Planninq Board Paqe Two Mav 8. 2006 Secondly, for those of you who are here to address the Board, you will have opportunities to do so on the individual hearings. We ask that when you want to address the Board, you come to either one of the two microphones and please sign or print your name so that we will be able to read it when the record is transcribed. At the end of the hearing, if there are other issues you want to address the Board on, you will have time to do so at that point. PUBLIC HEARINGS 6:00 p.m. - Cleaves Point Manor: Proposal to subdivide a 4.04-acre parcel into 4 lots where Lot 1 equals 44,004 sJ., Lot 2 equals 44,004 sJ., Lot 3 equals 44,004 sJ. and Lot 4 equals 44,004 sJ. The property is located in the R-40 Zone on the w/s/o Shipyard Lane, approximately 173' s/o Gus Drive in East Marion. SCTM#1000-38-7-9 Chairperson Woodhouse: Is there anyone here who would like to present this application to the Board? Is there anyone who would like to address the Board on this application? Hearing none, I will entertain a motion to close that hearing. Mark Terrv: I think there is a letter that needs to be written into the record. Chairperson Woodhouse: OK. I have a letter to read into the record. This was sent to Anthony Trezza, our Senior Planner. "Dear Sir: It came to my attention that a planned subdivision and a possible construction development are planned for community by the named petitioner/Owner Name: KACE Development, LLC/Parkside Heights Co. This proposal for subdivision and potential development is detrimental to the community and the quality of life at Shipyard Lane, East Marion. The "frenzy" of overdevelopment is only damaging to the local economy due to the fact that a limited number of potential jobs are created by this unprecedented over-construction. There are only short-term potential jobs that represent, in their concept, nothing else than living on a credit card. However, long-term increases of taxes for garbage disposal and other services are eminent expectations with the proportional increases of population. I object to this subdivision as well as subsequent construction for these reasons. In addition, I would like to state the fact that there are more visible problems: (1 ) Diminishing open spaces - no buffer between properties. (2) No trees separating properties - Brooklyn-like community. (3) Dangerous traffic due to the fact that the street (Shipyard Lane) is too narrow and there are no signs that would minimize potential traffic accidents. Traffic signs such as" No Parking at Any Time" as well as "No Stopping at Any Time" is not there to protect the motorists. (4) The tranquility and quality of life are eliminated due to the overwhelming increases of population. A narrow strip of land at the end of the street - represented by a shoreline - offers no chance for the local community to enjoy waterfront. (5) Low level of drinking water supply as well as other necessities creates additional problems for our community due to the lack of planning. - ---------- - --- -------- Southold Town Planninq Board Paqe Three Mav 8, 2006 Let it be on the record that I object to this subdivision as well as any additional development in this area. Yours truly, John V. Kent" Chairperson Woodhouse: Is there anyone else who would like to comment on this application? Hearing none, I will entertain a motion to close the hearing. Martin Sidor: So moved. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: The hearing is closed. Would you please read the resolution? Ken Edwards: Madame Chairwoman, I would like to entertain the following: WHEREAS, this proposal is to subdivide a 4.04-acre parcel into four (4) lots where Lot 1 equals 44,004 sJ., Lot 2 equals 44,004 sJ., Lot 3 equals 44,004 sJ. and Lot 4 equals 44,004 sJ. 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 and issued a Negative Declaration, pursuant to SEQRA, on December 11, 2005; and WHEREAS, on December 11, 2005, the Southold Town Planning Board granted conditional sketch approval upon the map prepared by John T. Metzger, L.S. dated May 21, 2005 and last revised July 29, 2005; and WHEREAS, on March 16,2006, an application and fee for preliminary plat approval was submitted with the Preliminary Plat, prepared by John T. Metzger dated May 21, 2005 and last revised on March 1, 2006; be it therefore RESOLVED, that the Southold Town Planning Board hereby grant Preliminary Plat Approval upon the map prepared by John T. Metzger, L.S. dated May 21, 2005 and last revised March 1, 2006, subject to the following conditions: 1. Submission of the application and fee for Final Plat Approval. 2. Submission of the final map, containing the following revisions and/or additional information: a. The title of the map should read "Final Plat for the Standard Subdivision of Cleaves Point Manor," South old Town Planninq Board Paqe Four Mav 8, 2006 b. All covenants and restrictions, once approved by the Planning Board, must be placed on the map. c. Stamp of approval by the Suffolk County Department of Health Services. 3. Submission of a Phase I Archaeological Survey. 4. LWRP Coastal Consistency Review by the Town of Southold. The Planning Board may opt to impose additional covenants based on the recommendations made by the LWRP Coordinator. 5. Submission of the final draft Declaration of Covenants and Restrictions for review by the Town Attorney and the Planning Board. Additional covenants may be required based on comments and recommendations made in the LWRP report. 6. Submission of the Park and Playground Fee in the amount of $21 ,000 ($7,000 for each new lot created). Georqe Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? This motion carries. ********************************************* 6:05 p.m. - Duck Walk Vineyards: This site plan is for construction of a 7,600 sq. ft. vineyard building with 38 parking spaces provided as required and 31 additional overflow parking spaces in geo-block type on a 30.5-acre parcel in the A-C Zone located on the n/s/o NYS Route 25 approximately 546' w/o of Maple Avenue in Southold. SCTM# 1000-75-2-2.6 & 2.7 Charles W. Southard: I am a registered architect. My office is located at 4400 Veterans Memorial Highway, Suite 207, Holbrook, NY 11741. This project is a construction of a winery building. This is an A-C parcel of approximately two acres which is part of a larger parcel of 30 acres. The 30 acres will encompass the vineyards, the two acres will have the winery building on it itself. A 7,600-square foot one-story building used for a tasting room and a winery. Chairperson Woodhouse: Thank you, Is there anyone else who would like to address the Board on this application? Southold Town Planninq Board Paqe Five Mav 8.2006 Thomas Jerome: I own a piece of property adjoining this property. I understand they want to put this building up and I'm just looking forward to the fact that noise levels which are going to come from this place, like music, what it's going to do to my property. Also, my son has a piece of property adjoining it. If they are going to have loud music, that's certainly going to hurt my piece of property and my son's piece of property. I'd like to find out a little bit more about this. Are they planning music? Is the music going to be inside the building or is it going to be outside the building? We have another winery about 1,000 feet down the road, and we really listen to a lot of music from that winery. This one is right next door. I'd like to find out a little bit more of, other than just having the building, what they plan to do with the building. There is no noise level in Southold Town, but this would devalue my property tremendously if they do have a lot of music. That's it. I'd like to find out more before it gets passed. I hope the Town Board would accept my views on this, That's it. Chairperson Woodhouse: Thank you. Would someone like to respond to that on behalf of the applicant? Charles Southard: Are there any other questions, or would anyone else like to comment? Chairperson Woodhouse: Yes, we'll take all the questions first and then give you an opportunity to respond. Yes, sir? Joseph Fristachi: I have property at 45300 Main Road, right across from where this building is supposed to go up. This is my second time here for the same reason. I opposed then, and I came back to oppose now because the traffic would be unbearable, the noise level would be unbearable. The construction started to go up and I had to have a window cleaned about two weeks ago. There's a mess now; dust is all over the place. The traffic will be unbearable. I bought this home to be in peace and not to be unable to sleep with the noise level that is created over there, plus the traffic. I am opposed to that; I don't know how to do better to bring it up to you, but I think I have to hire legal to do something more efficient. Thank you. Chairperson Woodhouse: Thank you. Is there anyone else who would like to address the Board on this application? Charles Southard: Thank you for coming down. We've taken into consideration the neighbors because there are also neighbors right in the area. The first thing we've done is we put the buildings approximately 125' from the road, and the parking is towards the roadside to keep any noise from the winery far away from the road and neighboring homes. The front of the building is behind the two homes adjacent on either side and the building was designed in a U-shape so that all the activities; the front entrance faces on Main Road, along here this is the main entry to the winery and then as you see it's shaped in a "U"; everything, the sitting area is out behind, so this is pointing directly into the (inaudible) behind; this will block any noise from any of the neighbors which will be on the east or the west or across the street from it. So we were concerned about the neighbors, and we did it for that reason. -- --------------..------- Southold Town Planninq Board Paqe Six Mav 8. 2006 Thomas Jerome: Will you guarantee that? Charles Southard: I can tell you that you wouldn't hear anything from this building, Chairperson Woodhouse: Have you, the gentleman in the back, had an opportunity to speak and to take a look at the layout of this property? Thomas Jerome: I haven't looked at it. Chairperson Woodhouse: Would you like to take a moment and just take a look at what he was talking about? Thomas Jerome: All right. There happens to be a winery that's about % mile from me, right next to Briarcliff. They have music there. When they have music they must play it on the outside because we can hear it until about maybe 8:00 or 9:00 at night sometimes when they have it. I don't know if they have it on the outside or on the inside. Now this is maybe 500' away from my property. Now, if they can guarantee that I won't hear this music, OK, I'll go for it. But I want it written down someplace that they will guarantee this. I mean, I'm not going to go, and they're going to say one thing, and then after that say, "Well, it's too late, you had your_chance." Right? Well, this is my chance; this could devalue my property tremendously, plus keep me awake, And I think the Town Board should look into this. If he says that it's going to stop the noise, is this, are they going to have the music on the inside: is the inside going to be soundproof? We need more answers. Thank you. Chairperson Woodhouse: Well, this is a permitted use in this area, and I think the design of the building is such that it is attempting to mitigate any sound that'll go across the street or it'll go to the neighbors on either side, We do not have the authority to say "you cannot have any music" or "you cannot have this kind of operation." It does meet the standards for the Town of Southold. Is there anything else you would like to add in terms of the music? Thank you. H. Damianos: I am the proprietor of Duck Walk Vineyards. As the architect stated, we are certainly concerned about our neighbors and the building was built in such a fashion that the actual courtyard is really covered on all three sides. And whatever music there might be will go out to the vineyard. It's been our experience at Pindar, where we do have outdoor music, and we have it in such an area and in such a way that we really don't disturb our neighbors in any way. Secondly, I think the gentleman should understand that the tasting room is open from 11 :00 in the morning until 5:00 at night. It's not open until 7 or 8 or 9 or 10:00. Of course there will be occasions where there might be some events that we might have. We are very, very confident that there will not be any major noise factor. We will even do a decibel survey on that. In addition to that, the music that we are describing generally starts around Memorial Day and ends generally in and around Labor Day. So, we have basically October, November, December, January, February, March, April and May in which there is no music whatsoever. Secondly, as far as value of land is concerned, this is a ------ --- Southold Town Planninq Board Paqe Seven Mav 8. 2006 conservation easement. We have donated 28 acres to the Town of Southold for open space. I truly believe that the gentleman's property will increase in value because of the fact that it is adjacent to land that is forever preserved as open space. I also would like to mention that the slight dust that we had had to do with our last week planting ten acres of vineyard on that property in anticipation of this operation. Thank you. Chairperson Woodhouse: Thank you. Thomas Jerome: We're back to the same thing with the noise level. The Town doesn't care; they say they can't stop the noise level. I said that when I first got up here, that the Town does not have a noise level. Now here are some people; architects, engineers and designers, all coming up and saying "oh, there's not going to be no noise." Now, I know there's gonna be noise, and I'm pretty sure the whole Town Board knows that there's going to be noise because they've come across this many times. I still say there's gonna be a noise if they're gonna have an outdoor band. If they have it indoors, soundproof the building, fine. I have nothing against people getting ahead. I've been here for a long time; I have my property here. I live here, and I want a little peace and quiet, too. Now, I think the Town should just look into this a little bit more without saying, "Well, that looks like it's good; it's gonna stop the noise," Get somebody, an engineer, a noise engineer, and find out. It's up to the Town to stop this, not me. The Town is supposed to be working for me, Thank you. Chairperson Woodhouse: Thank you, I just have to say that the noise ordinance is not a purview of this Board. But I would encourage you, those of you who feel strongly about it, that you attend one of the Town Board meetings and make your comments known. I think that the fact that the hours are limited from 11 'til 5 for the most part will help to mitigate any of your concerns about noise; and I think the design, the way it is shown here, which the Staff and the Board has looked at over a period of time, will mitigate against some of the concerns that you are bringing up. We do not have an ordinance that says you can't have any music, and we don't have anyone right now that limits the decibel. But it's something you might want to address the Town Board about in the future. This is not the Town Board, this is the Planning Board. And our area of responsibility does not cover that. We are looking at the site, the traffic, the layout and the issues that we here can comment on, whether the Health Department, all the permits are in place, those are the things that we look at. Joseph Fristachi: You mention traffic. That's what bothers me and concerns me, I'm right across. We all know what the traffic situation is up west about a mile and a half by Pindar. You know what the traffic is, we all know what the traffic is over there. This is gonna be unbearable. My house is going to be a crazy house on a Sunday. You all know, because you all live here. Please do something about it. Look into the traffic. That's the most important. Thank you. Chairperson Woodhouse: OK. Is there anyone else? This site plan, like any other, has been reviewed by a number of agencies before it even gets to the point of a public hearing. This particular application has been before the Architectural Review ------ ---- Southold Town Planninq Board Paqe Eiqht Mav 8. 2006 Committee, it has been before the Building Inspector, the Town Engineer; it was reviewed by the NYS Dept. of Transportation, by the Suffolk County Department of Health. So, some of the issues that you are talking about have all been addressed in our normal course of going through all the permits that have to be obtained for us to have the site plan before us. Is there anyone else who would like to address this Board? Are there any questions on behalf of the Board? Chairperson Woodhouse: Hearing none, I will entertain a motion to close this hearing. Ken Edwards: So moved. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? The hearing is closed, and I will ask Mr, Townsend to please read the resolutions. Joseph Townsend: WHEREAS, the site plan is for construction of a 7,600 sq. ft. vineyard building with 38 parking spaces provided as required and 31 additional overflow parking spaces in geoblock type on 30.5 acres parcel in the A-C Zone; and WHEREAS, Merlot, LLC is the owner of the property located on the n/s/o NYS Route 25 approximately 546' w/o of Maple Avenue in Southold, SCTM# 1000-75-2-2.6 & 2.7; and WHEREAS, on December 5, 2005, the Southold Town Building Department issued a Notice of Disapproval on Form No, 3 indicating" the proposed winery will require approval from the Southold Town Planning Board" and also indicated "you may now apply to the Southold Town Planning Board"; and WHEREAS, on December 7,2005, the agent, Charles W. Southard, submitted a formal site plan for approval; and WHEREAS, on January 10, 2006, the Suffolk County Department of Planning responded after review and determined this matter is for "local determination as there appears to be no significant county-wide or inter-community impact(s)" and the Planning Board accepts this pursuant to 239L & M General Municipal Law; and WHEREAS, on January 11, 2006, the Southold Town Fire District found that there is adequate fire protection for this parcel and the fire access is sufficient, the recommendation is valid for one year from the date of the letter; and WHEREAS, on January 12, 2006, the agent, Charles W. Southard, submitted a letter which identified he materials for the proposed building as follows: Southold Town Planninq Board Paqe Nine Mav 8. 2006 1) Roofing- Green - Standing Metal Seam 1) Riding - Cream - wood or Hardie Siding 2) Accent Walls - Beige Stone; and WHEREAS, on January 12, 2006, the Architectural Review Committee reviewed the architectural drawings and associated site plan materials and approved the application subject to light cuts and elevation, as well as an update on planting, and the Planning Board incorporates this recommendation in the site plan; and WHEREAS, on April 11 , 2006, the South old Town Planning Board, acting under the State Environmental Quality Review Act, pursuant to 6 NYCRR Part 617, performed a coordinated review of this unlisted action and, as lead agency, made a determination of non-significance and granted a Negative Declaration; and WHEREAS, on April 17, 2006, the Southold Town Building Inspector reviewed and certified the site plan for "Winery" use; and WHEREAS, on April 21,2006, the Southold Town Engineer reviewed the site plan materials and approved the proposed drainage with comments and the Planning Board incorporates his recommendations in this site plan; and WHEREAS, on May 1, 2006, the New York State Department of Transportation reviewed and approval the proposed work under permit number 10-05-0642 and the Planning Board accepts this approval; and WHEREAS, on May 1, 2006, the Suffolk County Department of Health Services reviewed and approved this project under reference number C10-05-0020; and WHEREAS, on May 4, 2006, the Architectural Review Committee reviewed the revised architectural drawings and associated site plan materials and approved the application subject to conditions, and the Planning Board incorporates this recommendation in the site plan; and WHEREAS, the South old Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has received affidavits that the applicant has complied with the notification provisions; and WHEREAS, the following four items shall be required: 1. All outdoor lighting shall be shielded so that the light source is not visible from adjacent properties and roadways. Lighting fixtures shall focus and direct the light in such a manner as to contain the light and glare within property boundaries. The lighting must meet town code requirements, 2. The applicant must obtain a SPDES General Permit (NYR-10H057) for Storm Water Discharges (General Permit Number GP-02-01) from the New York State Department of Environmental Conservation for the construction activities. Southold Town Planninq Board Paqe Ten Mav 8, 2006 3. All signs shall meet Southold Town Zoning Codes and shall be subject to the approval of the Southold Town Building Inspector. 4. Landscape survivability guarantee: the applicant agrees to replace any of the landscape which dies within three years of planting; be it therefore RESOLVED, that pursuant to Southold Town Code 100-254 Part 1, the applicant agrees to incorporate all the requirements, comments, and recommendations of each reviewing agency as referenced above and as indicated on the site plan and corresponding attachments; Chairperson Woodhouse: Second. All in favor? Ayes Chairperson Woodhouse: Opposed? That resolution carries. Joseph Townsend: and be it further RESOLVED, that the Southold Town Planning Board has reviewed the proposed action under the policies of the Town of Southold Local Waterfront Revitalization Program and has determined that the action is consistent provided that the best management practices outlined in the May 8, 2006 memo prepared by the LWRP Coordinator are implemented; Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes Chairperson Woodhouse: Opposed? That resolution carries. Joseph Townsend: and be it further RESOLVED, that the Southold Town Planning grant approval on the site plan prepared by Charles W. Southard, Architect, dated October 25, 2005 and last revised April 12, 2006, and a set of architectural plans prepared and certified by Charles W. Southard, Architect, dated February 16, 2006 and authorize the Chairperson to endorse the final site plan with the following conditions: 1. The site plan approval requires that all work proposed on the site plan shall be completed within three (3) years from the date of this resolution. 2. Prior to the request for the Certificate of Occupancy, the owner or authorized agent must request the said Building Inspector and the Planning Board to perform an on-site inspection to find the site improvements are in conformity with the approved site plan. - - ------ Southold Town Planninq Board Paqe Eleven Mav 8. 2006 3. 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 the changes. 4. Any changes from the approved site plan shall require Planning Board approval, and any such changes without Planning Board approval will be subject to referral to the Town Attorney's Office for possible legal action. Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? And that motion carries. ******************************************************** 6:10 p.m. - Rich's Auto Bodv: This site plan is for new construction of a 1,759 sq.ft. auto repair building, existing office building of 1,620 sq.ft., existing auto repair of 130 sq.ft. on a 37,428-sq.ft. parcel in the R-40 Zone located on the s/s/o NYS 25 at the s/w intersection of NYS 25 and Fleets Neck Road in Cutchogue. SCTM#1 000-1 02.-3-1 Abiqail Wickham: Good evening. I am the attorney for the applicant, RQA Properties, LLC, Rich's Quality Auto. We are presenting a map this evening which complies with the zoning code, the ZBA variance, the Architectural Review comments, the Planning Board comments and the Department of Transportation comments. We ask that you approve the map this evening, or as soon as you have had a chance to review any other information that may come to light at the meeting tonight, and would like to thank you very much for your consideration in this process. Thank you. Chairperson Woodhouse: Thank you. Is there anyone else who would like to address the Board on this application for Rich's Auto Body? Dan Kohn: I would. I live in Cutchogue. I could not tell from the papers I have seen how high the proposed construction is planned. Do you know? Chairperson Woodhouse: We have the applicant here and we will ask him to verify for you what the height will be. Abiqail Wickham: I think it's 17', but if you would give me a moment I will look at it. Mr. Kohn, if you have any other comments in the meantime...? Joseph Townsend: do you have any other questions? - -------- Southold Town Planninq Board Paqe Twelve Mav 8. 2006 Dan Kohn: I am somewhat concerned; I assume that this is a non-conforming use, cu rrently? Chairperson Woodhouse: Yes, it is. Dan Kohn: And is it the Board's policy to encourage further development of a non- conforming use in a residential area? Chairperson Woodhouse: This is an application that has been before the Zoning Board who did rule on that issue. Dan Kohn: Are you saying that you don't take a position whether this further development should be encouraged or not? I'm puzzled by your answer. Chairperson Woodhouse: I'm saying that in this particular case, when there's any change in the conformity with pre-existing variance, or pre-existing condition, the determination about that goes before the Zoning Board of Appeals. This application did go before the ZBA, and the ZBA did give a ruling on it, and we are responding to the site plan at this site. We are not making a determination about the degree of conformity or non-conformity. Dan Kohn: I see. Then your concern is only whether the proposed construction is in conformity with. , . , Chairperson Woodhouse: That's what our job is, (To Ms. Wickham) Do you have the answer? Abiqail Wickham: 18'. That is for the ridge. Now the Town Code defines the building height as the mean between the ridge and the eave, and that is, I think that's 15', I would have to look further on this map to make sure that's accurate. But the ridge height is 18', Dan Kohn: I'm sorry that I don't understand the niceties of who is responsible for arresting the development that goes on here and has been going on for decades and decades and decades, As a resident here, it's regrettable to me to see the further expansion of the buildings, but if it's not in your... Chairperson Woodhouse: In this particular case on this application, this is a pre- existing business, and correct me staff if I'm wrong, where there were modifications that were required for this particular business to stay in operation due to insurance requirements that required new building and equipment to take care of some of the environmental issues that the insurance company informed the applicant about. When we reviewed all of those things, before we would process the site plan application, it did go before the South old Town Board of Appeals, and they granted a variance in December of 2005 allowing the enlargement of the non-conforming area. And my Southold Town Planninq Board Paqe Thirteen Mav 8.2006 understanding in their review of it was that the only way in which the applicant could comply with the insurance mandates and the requirements that the environmental concerns on this property, was to build out further on the site. Dan Kohn: The rest of the taxpayers have to bear with it, I guess. It's a good thing that the insurance companies didn't recommend that he put up a four-story building. Thank you for your time. Abiqail Wickham: If you would like me to clarify that: first of all, the entire lot coverage of the building, after construction is complete, is well under the Town Code requirement of 20%; it's under 14%. And, the Zoning Board of Appeals, in its decision, allowed this process to expand to the 30% allowed by the Code as of right with a very modest increase beyond that because of the extreme hardship the applicant had as a result of the business. And, the benefit to the Town is that the applicant is going to be installing a state-of-the-art facility, or has already installed a state-of-the-art drying room spray booth which (Dan, I know you are very technically probably are familiar with it) will eliminate most of the emissions into the air in the neighborhood, of the painting and sanding operations. So, overall, it was the right way to go for his business and requirement of his business and something that we think, given all the tussles that he had to face, was a very good plan. And from the outset, his primary concern has been the protection of the neighborhood, keeping the exterior of the premises in good shape so that it does not detract from the neighborhood because many of those people are good customers. Thank you. Chairperson Woodhouse: Is there anyone else who would like to address the Board on this application? Hearing none, I will entertain a motion to close the hearing. Ken Edwards: So moved. Joseph Townsend: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: I will ask Mr. Sidor to please read the resolution. Martin Sidor: WHEREAS, the site plan involves new construction of a 1,759 sq. ft. building, existing office building of 1,620 sq. ft., existing auto repair of 130 sq. ft. on a 37,428 sq. ft. parcel in the R-40 Zone located on the s/s/o NYS 25 at the s/w intersection of NYS 25 and Fleets Neck Road known as 29950 Main Road in Cutchogue SCTM#1 000-1 02-3-1; and WHEREAS, RQA Properties, LLC is the owner of the property located at the s/w intersection of NYS 25 and Fleets Neck Road in Cutchogue known as 29950 Main Road in Cutchogue; and Southold Town Planninq Board Paqe Fourteen Mav 8. 2006 WHEREAS, the agent, Abigail A. Wickham, submitted a formal site plan for approval on September 14, 2005; and WHEREAS, on December 27,2005, the Southold Town Zoning Board of Appeals granted a Variance described under Appeal Number 5759 allowing the enlargement of a non- conforming use in a R-40 zone; and WHEREAS, on January 12, 2006, the Architectural Review Committee reviewed the architectural drawings and associated site plan materials and made recommendations and further review of the light cuts; and WHEREAS, on January 19, 2006, the Cutchogue Fire District responded that there is adequate access and no additional fire wells or hydrants would be necessary; and WHEREAS, on March 1, 2006, the Southold Town Engineer reviewed the site plan materials and the Planning Board incorporates his recommendations in the site plan; and WHEREAS, on March 1, 2006, the Architectural Review Committee reviewed the revised site plan and associated materials and approved the application; and WHEREAS, on March 17,2006, the Suffolk County Department of Planning responded after review and determined this matter is for "local determination as there appears to be no significant county-wide or inter-community impact(s)" and the Planning Board accepts this pursuant to 239L & M General Municipal Law; and WHEREAS, on April 10, 2006, the Southold Town Planning Board, acting under the State Environmental Quality Review Act, pursuant to 6 NYCRR Part 617.7, performed a coordinated review of this unlisted action and, as lead agency, made a determination of non-significance and granted a Negative Declaration; and WHEREAS, on April 1 0, 2006, the New York State Department of Transportation assigned Case #05-434P and responded after review that several items, including a bond, are required in order to issue a New York State Highway Work Permit; and WHEREAS, on April 17, 2006, the Southold Town Chief Building Inspector reviewed and certified the site plan for "Auto Body Shop" use; and WHEREAS, on May 4,2006, the Southold Town Engineer reviewed the amended site plan and materials and stated all issues have been addressed in a satisfactory manner and the South old Town Planning accepts his recommendations; 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 Southold Town Planninq Board Paqe Fifteen Mav 8. 2006 WHEREAS, the following item shall be required: 1. All outdoor lighting shall be shielded so that the light source is not visible from adjacent properties and roadways. Lighting fixtures shall focus and direct the light in such a manner as to contain the light and glare within property boundaries. The lighting must meet town code requirements. 2. If necessary, the applicant must obtain a SPDES General Permit (NYR-10H057) for Storm Water Discharges (General Permit Number GP-02-01) from the New York State Department of Environmental Conservation for the construction activities. 3. All signs shall meet Southold Town Zoning Codes and shall be subject to approval of the Southold Town Building Inspector and the recommended removal of the motel sign located in the southwest corner of the property as per the Architectural Review Committee on January 12, 2006. 4. As per the landscape survivability guarantee, the applicant agrees to replace any of the landscaping which dies within three (3) years of planting; be it therefore RESOLVED, that pursuant to Southold Town Code 100-254 Part 1, the applicant agrees to incorporate all the requirements, comments, and recommendations of each reviewing agency as referenced above and as indicated on the site plan and corresponding attachments; Chairperson Woodhouse: Second. All in favor? Ayes. Chairperson Woodhouse: Opposed? That resolution carries. Martin Sidor: and be it further RESOLVED, that the Southold Town Planning Board has reviewed the proposed action under the policies of the Town of Southold Local Waterfront Revitalization Program and has determined that the action is consistent provided that the best management practices outlined in the March 20, 2006 memo prepared by Amy Ford, Senior Planner are implemented; Georqe Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That resolution carries, Martin Sidor: and be it further RESOLVED, that the Southold Town Planning Board grant approval on the site plan prepared by Mark A. Schwartz dated April 21, 2006 and authorize the Chairperson to endorse the final site plans with the following conditions: Southold Town Planninq Board Paqe Sixteen Mav 8. 2006 1. Approval from the New York State Department of Transportation for all work improvements proposed. 2. The site plan approval requires that all work proposed on the site plan shall be completed within three (3) years from the date of this resolution. 3. Prior to the request for the Certificate of Occupancy, the owner or authorized agent must request the said Building Inspector and the Planning Board to perform an on-site inspection to find the site improvements are in conformity with the approved 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 the changes. 5. Any changes from the approved site plan shall require Planning Board approval, and any such changes without Planning Board approval will be subject to referral to the Town Attorney's Office for possible legal action. Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion carries. ********************************************* 6:15 p.m. - BCB Realtv Holdina Corp.: This site plan is for the demolition of an existing restaurant building, new construction of two buildings that includes a building on the e/s with 3,964 sJ. of first floor office space and a 3,706 sJ. second floor apartment space with three apartments, and a building on the w/s with 4,424 sJ. 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 Chairperson Woodhouse: Is there someone who would like to address the Board on this application? Ronnie Hill. RLH Land Planninq Services: Myself, as well as Craig Arm and Brett Kehl, who are principals of BCB Realty Holding Corp., are here to answer any questions that the public or the Planning Board might have. Chairperson Woodhouse: Well, we did have a question prior to your, during the work session today. It had to do with the filing of the Covenants and Restrictions. - __.u___..._ South old Town Planninq Board Paqe Seventeen Mav 8. 2006 Ronnie Hill: Yes, I have not received the Covenants and Restrictions as approved by the Town Attorney and reviewed by the Planning Board to file them, so I don't have them, nor have they been filed. Amv Ford: That was done in a work session, Brett, and I gave you a copy of them, I made a copy out in the hall and I gave them to you. I don't have the exact date, I don't have previous notes, but it was done probably two or three weeks ago; I would have to look at the file. Ronnie Hill: If that is the case, and that is the only thing that's holding up the hearing? Chairperson Woodhouse: Yes, we were going to hold the hearing and keep the hearing, one option is to keep the hearing open until we are assured you have filed the Covenants & Restrictions. Ronnie Hill: Well, if I can get them, I can assure you they will get filed, and I would then hope that given that my clients would like to proceed forward, if we can hold the hearing, if it's a matter of holding the hearing open until they are done and if Amy has them, I can get them on tomorrow, make sure that they are filed as quickly as possible, and we can move forward. So, I would ask that the Planning Board please entertain that. Chairperson Woodhouse: We are holding the hearing; you are speaking as part of the official hearing. Ronnie Hill: In that case, I will sit down. Chairperson Woodhouse: You are here and there are a couple of other issues that were still open, that will be conditional on this particular application. Ronnie Hill: That is correct. Chairperson Woodhouse: But if you just bear with us, we will give you another copy of the C&R's if you need them. Amv Ford: They were approved by our Town Attorney on April 7 and, I would imagine, given to you at the April 10 work session, Bruno Semon: It doesn't matter if they're given to you, you just have to file them, they were approved. The main this was that you gotta go through the steps on your end to finish up the legalities. Ronnie Hill: Oh, I understand that. Chairperson Woodhouse: OK, so let me assume then... -------------- ------ South old Town Planninq Board Paqe Eiqhteen Mav 8. 2006 Ronnie Hill: It's just that I don't have them. To answer the question, they have not been; if I need to file them, I will file them, but I don't have them to file. Bruno Semon: Excuse me, Mr. Hill, did you or did you not submit them to us? Did you submit them to the Planning Department? Ronnie Hill: Yes. Bruno Semon: So, that's it. That's the set of C&R's that needs to be filed. It's the copy that you submitted to our Department. Ronnie Hill: Well, let's back up for just a moment. They were submitted; they were being reviewed by the Planning Board, and then from there they were going to be reviewed by the Town Attorney to make sure that they were correct, and reflective of what.. . Chairperson Woodhouse: They were reviewed by the Planning Board at a work session; they were reviewed by the Town Attorney, and they were returned to the applicant. So they are, you have them, but if you need another copy, we will arrange for you to get them. Ronnie Hill: I do, thank you. Bruno Semon: Correction, Jeri, they haven't been returned. Because basically what we have is a draft, So, what happens is, we don't have an executed copy, so we need to get what would be an executed file copy. So, there is nothing else to return to you, Mr. Hill. The set of C&R's that you had given to us, which we gave to you at the work session, were the ones approved, the very last final draft that you gave to us simply needs to be executed and filed. You have a copy because you submitted them to us. And if you didn't submit them to us, then your applicant must have submitted them. Ronnie Hill: I will check, I will verify that. Bruno Semon: So, that's set. We don't have to give nothing else back to you; you should have an original set of what was submitted, Chairperson Woodhouse: OK. And if you can't find them, we'll make sure that you have a copy. Bruno Semon: We'll make another copy. Ronnie Hill: If you could give me a copy, because I don't recall getting a copy; I'm not sure that I was even here at that meeting. Chairperson Woodhouse: Let me just ask that a member of the staff will go outside and make a copy and that you'll have them to take with you. Southold Town Planninq Board Paqe Nineteen Mav 8. 2006 Ronnie Hill: Great. Thank you. Chairperson Woodhouse: Is there anyone else who would like to address the Board on this application? Mark Terrv: There's a question that I have regarding the trees in the side yard on the western side, There's a trustee buffer, but it doesn't continue all the way to the road, and the Senior Site Plan Reviewer has brought up to me that you indicated that that's going to be undisturbed buffer; are those trees going to remain? Craiq Arm. BCB Realtv Holdinq Corp.: Our intent is other than beyond the side of the curb for the parking lot where all of maybe two feet or whatever the minimal disturbance is; all the trees that are along the side of that ravine and everything are to remain; we have no intentions on taking out trees that aren't part of. Mark Terrv: Is that indicated on the site plan, or in the C&R's at this point? Say you sell the property; how do we legally protect those trees into perpetuity? Craiq Arm: I don't believe this has ever come up before until now, You know, as far as that being a concern or anything else. Our intentions weren't to do that, although I don't believe it was ever brought up formally until this moment. So, I guess I'm not sure how to answer that. Bruno Semon: There are some trees showing on that site plan; basically the trees that are shown on the site plan are up in the front here, I don't know if you can see it. So, there's four trees here, this one here and a few in the back. That's what's illustrated on the (inaudible); the rest of them just don't seem to be shown, You were gonna put them on, I think, was the intent. Craiq Arm: The trees that were on that site plan I believe are ones over a certain caliper that we had to maintain showing. But it is not our intent to go and cut all the rest of the trees that are there. If you'd like that demonstrated on there, I'll be happy to do that too. I'm not sure, is there a limit of clearing or just what was stated by the other agency so would not show anything in there. So, we can do that and address that as one thing. Chairperson Woodhouse: Mr. Terry? Mark Terrv: Well, in fact, you did represent that you were going to protect those as a non-disturbance buffer. I would just like you to add it as a Covenant & Restriction clause before you file them, that the trees over x amount of inches dbh remain into perpetuity undisturbed in the western buffer. Something pretty simple, just prior to filing them. So they run with the land. Craiq Arm: OK. The only thing, towards the road there is one area that I could show you on here that I believe is something that the Town Engineer had changed with the Southold Town Planninq Board Paqe Twentv Mav 8. 2006 drainage, where I believe it is just right on the other side of the curb. So there might be a small area, if it's designated on here, but anything other than that we really don't have any intention Mark Terrv: That's fine, The concern was if in fact it was represented that those trees were going to remain if you sold the property it wouldn't run with the land and someone could potentially change the gateway sort of appearance to Greenport. Craiq Arm: OK, there's no issue, no problem with that, we're happy to have that. For part of that Covenant and Restriction, that's just something we can just add it; if you'd like us to resubmit it for review..... Mark Terrv: You could fax it to us, it's like two lines, it's very simple. Craiq Arm: OK, thank you. Bruno Semon: Is the board OK with adding that to the C&R's? Chairperson Woodhouse: Yes. Bruno Semon: So we'll get that; so before the C&R's are filed, Mr. Hill, we need to add that and just get a draft in and I'll get that.,., Chairperson Woodhouse: Is it possible that it's something they could take care of now, and give you a copy. Bruno Semon: If Mark knows, if Mr. Terry knows the wording. Ronnie Hill: Because otherwise I would prefer having it to go back through the review process to make sure this is as complete as possible. Chairperson Woodhouse: I think Mr. Terry has indicated two sentences that he is recommending be added, and it sounds like that's something that he could write and you could take care of this evening. Ronnie Hill: That makes it easy, because then it's something that you guys will be in agreement with. Chairperson Woodhouse: OK. Bruno Semon: Did she copy the C&R's for you? So maybe we could have it, we'll write them right on there for you. Chairperson Woodhouse: Yes, did you want to address the Board? Southold Town Planninq Board Paqe Twentv-One Mav 8.2006 Brett Kehl: Just one of the things if we could put in there too, I'm going to say healthy trees, because I can have a 60' high tree that may be dying, and after building this project I don't want them falling down because I'm not allowed to remove a tree. So, if we could have the word "healthy" or something so that if there is a problem with the tree, I want to just protect my property. Mark Terrv: And you know, up to a certain point, the underbrush too; you look like you're clearing that provisional access and that's final, so it's just a matter of Brett Kehl: Yes, the Trustees recommended us to enhance it to create a nicer flowing area to the water. Mark Terrv: OK, Chairperson Woodhouse: Would anybody else like to address the Board on this application? Hearing none, I will entertain a motion to keep the hearing open, Georqe Solomon: So moved. Joseph Townsend: I am going to recuse myself on votes on this issue. As it turns out I have a relationship with one of the principals and I've been advised that it would be better if I don't vote on this either way. Chairperson Woodhouse: OK. So what we're doing is, we're entertaining a motion to hold this hearing open pending the filing of the C&R's and any of the other items we need to have to close it out. So, the motion is to hold the hearing open. Is there a second? Ken Edwards: Second, Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: We have one abstention. The resolution to hold the hearing open passes. Now your question is: we can resolve these issues at a work session when we have all the materials that we need to close this out. Ronnie Hill: And at that work session we can then close the hearing, the hearing can be then closed, or will we have to come back before; how do we close the hearing publicly? Chairperson Woodhouse: Bruno, you're shaking your head. Bruno Semon: Yes, it's June 12, the next public meeting, Southold Town Planninq Board Paqe Twentv-Two Mav 8. 2006 Chairperson Woodhouse: We'll close it out. At the next meeting we'll just officially close it out. And by then we will have received, hopefully, all the approvals that we are waiting for from the other departments and you'll have the C&R's filed. Ronnie Hill: Great. Thank you, Chairperson Woodhouse: You're welcome, (Ken Edwards left the meeting at this point.) ***************************************************** 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 Chairperson Woodhouse: There is a resolution to continue to hold this hearing open. Mr, Solomon, would you please read the resolution? Georqe Solomon: BE IT RESOLVED, that the South old Town Planning Board hereby holds open the public hearing for the Charnews Subdivision. Chairperson Woodhouse: Second, All in favor? Ayes, Chairperson Woodhouse: Opposed? That motion carries. **************************************** 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#'s1000-78-7-5.3 7 5.4 Chairperson Woodhouse: We are going to hold this hearing open as well. There is some additional testimony that someone in the audience would like to read into the record. So Oust let me find the right page here), before we vote on the resolution, please state your name and we will hear your comments. Wavne Swiatocha: I just wanted to read into the record that since the last meeting, Paula Ohlman and the Carisotto family had retained David Dubin as an attorney in this Southold Town Planninq Board Paqe Twentv-Three Mav 8. 2006 matter. Joel Warner, Robbie Hamilton's family and Eric Ahrer's family have also joined in retaining that same attorney in this matter. Just a couple of quick updates: Peconic Estuary and wastewater management were going to call in an engineer on this. I spoke with Peconic Estuary today; they still have not had the meeting with the engineer. Peconic Estuary is kind of following this very closely; maybe thinking that it sets some sort of precedent. The other thing was, at the last meeting we had mentioned that we had retained Greenman and Petersen to flag the wetlands/do a wetlands evaluation on it. The price they were charging was fairly exhorbitant: $5,000, which we thought was quite a bit to flag the wetlands. We are now looking into different agencies that may be able to help us with flagging the wetlands, I'm kind of glad that we didn't have them do it, even for the $5,000, because the day after the last Planning Board meeting, Mr. Baxter has signs of "no trespassing" on just about every portion of his property. So I don't know if it's something that he just doesn't want the people on his property, or if he feels like he has something to hide, but I just thought that we should mention that we could evaluate the wetlands surrounding his property, but to go on his property is going to be virtually impossible because every portion of it has "no trespassing" signs all over it. So, I don't know if there is anything that the Board or the Town can do to maybe try to flag these wetlands, or would have any jurisdiction over that, but I think if we hire anyone privately, we're only going to be able to look at the wetlands around his property and not the wetlands on his property. Chairperson Woodhouse: Thank you. And we will bring that to the attention of the staff. OK. I will entertain the resolution to hold this hearing open. Georqe Solomon: So moved, Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion carries. This is the end of our formal public hearings. ************************************************* CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE- SUBDIVISIONS (Lot Line Changes) Conditional Final Determinations: Foaarty/Depot Enterprises: Proposal is for a lot line change that will transfer 1,720 square feet from Parcel 1 (SCTM#1 000-1 02-2-12.1) to Parcel 2 (SCTM# 1000-102-2- 10) where, following the transfer, Parcel 1 will equal 67,346 square feet and Parcel 2 ---....------- Southold Town Planninq Board Paqe Twentv-Four Mav 8. 2006 will equal 12,709 square feet. The property is located on the n/s/o Main Road and the e/s/o Depot Lane in Cutchogue. SCTM#'s1 000-1 02.-2-1 0 & 12.1 Chairperson Woodhouse: WHEREAS, this proposal is for a lot line change that will transfer 1,720 square feetfrom Parcel 1 (SCTM#1000-102-2-12.1) to Parcel 2 (SCTM# 1000-102-2-10) where, following the transfer, Parcel 1 will equal 67,346 square feet and Parcel 2 will equal 12,709 square feet; and WHEREAS, an application for a lot line change was submitted on March 30, 2006; and WHEREAS, the South old Town Planning Board discussed the application at their work session on April 17, 2006 and determined that the proposed lot line change to be minor in nature and will make a non-conforming lot more conforming; 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; Joseph Townsend: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion carries. And be it further RESOLVED, that because there is no increase in density and the proposed land transfer will correct an existing driveway encroachment, the South old Town Planning Board hereby waives the public hearing for this project; Joseph Townsend: 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 grant conditional final approval on the survey prepared by Joseph A. Ingegno, L.S. dated January 19, 2005, subject to the following condition: 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 of each to this office. Southold Town Planninq Board Paqe Twentv-Five Mav 8. 2006 Joseph Townsend: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? And that motion carries. ************************************** Preliminary Extensions: Kaloski. Michael: This proposal will subdivide an 8,30 acre parcel, SCTM#1000-102- 4-6.2, into 2 lots where Lot 1 equals 2.02 acres and Lot 2 equals 5.35 acres in addition with a lot line change that will transfer .402 acres from SCTM#1 000-1 02-4-6.2 to SCTM#1000-102-4-7.1. Following the transfer, SCTM#1 000-1 02-4-7.1 will equal .918 acres. The parcel is located on Alvahs Lane, 2,056' n/o Main Road (NYS 25) and s/o Middle Road (CR 48) in Cutchogue. Chairperson Woodhouse: WHEREAS, this proposal will subdivide a 8.30-acre parcel, SCTM#1000-102-4-6.2, into 2 lots where Lot 1 equals 2.02 acres and Lot 2 equals 5.35 acres in addition with a lot line change that will transfer .402 acres from SCTM#1000- 102-4-6.2 to SCTM#1 000-1 02-4-7.1 which, following the transfer, will equal .918 acres; and WHEREAS, the South old Town Planning Board granted conditional preliminary plat approval on September 13, 2005 on the map, dated June 11, 2002 and last revised on October 10, 2003; and WHEREAS, in a letter dated March 9, 2006, the applicant requested an extension of time for which to obtain Health Department approval and fulfill the requirements of the Planning Board resolution dated September 13, 2005: be it therefore RESOLVED, that the Southold Town Planning Board grant an extension of time for conditional preliminary plat approval from March 13, 2006 until September 13, 2006. Martin Sidor: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? And that motion carries. *************************************** South old Town Planninq Board Paqe Twentv-Six Mav 8. 2006 Sketch Extensions: Badenchini. Luiai/aka Oreaon Landina 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 n/s/o Oregon Road, approximately 135' w/o Alvah's Lane in Cutchogue. SCTM#1000-95-1-5 Martin Sidor: 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 April 13, 2006, the applicant requested an extension of time for conditional sketch plan approval, which is set to expire on May 8, 2006; be it therefore RESOLVED, that the Southold Town Planning Board hereby grant an extension of time for conditional sketch plan approval from May 8, 2006 until November 8, 2006. Georae Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion carries. ***************************************** Beach Plum Homes: This proposed Clustered Conservation Subdivision is for 5 lots on 27.15 acres where Lot 1 equals 23.96 acres, upon which the Development Rights on 22.2246 acres are proposed to be sold to the Town of Southold, Lot 2 equals 31,000 sq, ft., Lot 3 equals 32,800 sq. ft., Lot 4 equals 33,712 sq. ft. and Lot 5 equals 30,916 sq. ft, in the A-C/R-O Zoning Districts. The property is located on the n/s/o Ackerly Pond Road and the w/s/o NYS Route 25 in Southold. SCTM#69-3-10.1 Southold Town Planninq Board Paqe Twentv-Seven Mav 8. 2006 Chairperson Woodhouse: WHEREAS, this proposed Clustered Conservation Subdivision is for 5 lots on 27.15 acres where Lot 1 equals 23.96 acres, upon which the Development Rights on 22.2246 acres are proposed to be sold to the Town of Southold, Lot 2 equals 31,000 sq. ft., Lot 3 equals 32,800 sq. ft., Lot 4 equals 33,712 sq. ft. and Lot 5 equals 30,916sq. ft. in the A-C/R-O Zoning Districts; and WHEREAS, on May 9,2005, the Southold Town Planning Board granted conditional sketch approval on the map prepared by Peconic Surveyors, PC, dated as last revised March 10, 2005; and WHEREAS, in a letter dated April 19, 2006 the applicant requested an extension of time for sketch plan approval, which is set to expire on May 9, 2006; be it therefore RESOLVED, that the South old Town Planning Board grants an extension of time for sketch plan approval from May 9, 2006 until November 9, 2006. Joseph Townsend: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion carries. ****************************************** CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE- SUBDIVISIONS (Lot Line Changes) - STATE ENVIRONMENTAL QUALITY REVIEW ACT Lead Agency Designation: Conklina Point Estates: Proposal is to subdivide a 7.725-acre parcel into four lots, where Lot 1 equals 29,869 sJ., Lot 2 equals 29,869 sJ., Lot 3 equals 29,869 sJ., Lot 4 equals 29,869 sJ. and the open space parcel equals 4.1 acres, excluding the area of wetlands. This project includes the transferring of 37,882 sJ. 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 feet w/o August Lane in Greenport. SCTM#'s 1000-53-4-44.1 & 44.3 Georqe Solomon: WHEREAS, this proposal is to subdivide a 7.725-acre parcel into four lots, where Lot 1 equals 29,869 sJ., Lot 2 equals 29,869 sJ., Lot 3 equals 29,869 sJ., Lot 4 equals 29,869 sJ. and the open space parcel equals 4.1 acres, excluding the area of wetlands. This project includes the transferring of 37,882 sJ. of buildable lands South old Town Planninq Board Paqe Twentv-Eiqht Mav 8. 2006 from SCTM#1000-53-4-44.3 onto the subject property for the purposes of establishing yield; and WHEREAS, an application for sketch approval was submitted on January 6, 2006; and WHEREAS, the Southold Town Planning Board initiated the SEQRA lead agency coordination process for this unlisted action on February 14, 2006; be it therefore RESOLVED, that the South old Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617.7, establishes itself as lead agency for the unlisted action. Joseph Townsend: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? And that motion carries. ******************************************** Tall Pines at Paradise Point: This proposal is for a Standard Subdivision to subdivide a 19.825-acre parcel into five lots where Lot 1 equals 40,571 sJ., Lot 2 equals 40,436 sJ., Lot 3 equals 40,337 sJ., Lot 4 equals 40,000 sJ. and Lot 5 equals 40,000 sJ. in the R-80 Zoning District. The property is located in the west side of Paradise Point Road, approximately 1207' south of North Bayview Road in Southold. SCTM#1000-81-2-5 Joseph Townsend: WHEREAS, this proposal is for a Standard Subdivision to subdivide a 19.825-acre parcel into five lots where Lot 1 equals 40,571 sJ., Lot 2 equals 40,436 sJ., Lot 3 equals 40,337 sJ., Lot 4 equals 40,000 sJ. and Lot 5 equals 40,000 sJ. in the R-80 Zoning District.; and WHEREAS, an application for sketch approval was submitted on January 30, 2006; and WHEREAS, the Southold Town Planning Board initiated the SEQRA lead agency coordination process for this unlisted action on March 13, 2006; be it therefore RESOLVED, that the South old Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617.7, establishes itself as lead agency for the unlisted action. Martin Sidor: Second. Chairperson Woodhouse: All in favor? - - -------- -------------- South old Town Planninq Board Paqe Twentv-Nine Mav 8. 2006 Ayes. Chairperson Woodhouse: Opposed? That motion carries. *************************************************** Setting of Final Hearings: Osprey's Dominion Conservatorv: Amendment to existing permit adding 1,462 sf to project. This proposed amended site plan is to (1) alter and expand an existing building of 1,357 sq. ft. to include a first floor addition of 1,350 sq. ft. and a new second floor storage area of 438 sq. ft. The total building area after the renovation will be 3,145 sq. ft., and (2) increase the number of parking spaces from 31 to 41, of which 24 will be land banked; all on a 50.46-acre parcel in the A-C Zone located on the n/s/o New York State Road 25 and 1,506' e/o Peconic Lane known as 44075 Main Road in Peconic. SCTM#1000-75-1-20.1 & 20.2 Chairperson Woodhouse: WHEREAS, the amended site plan is for the proposed alteration and expansion of an existing 1,357 sq. ft. building and approved conservatory building and dormer of 1,995 sq. ft. to include a 1,462 sq. ft. addition which includes a site plan change in parking to 41 required spaces and 59 overflow spaces provided on 4.46 acres in the AC Zone located on the n/s/o New York State Road 25 and 1,506' e/o Peconic Lane known as 44075 Main Road in Peconic. SCTM#(s) 1000-75.-1-201 & 20.2; be it therefore RESOLVED, that the Southold Town Planning Board set Monday, June 12,2006 at 6:05 p.m. for a final public hearing on the maps dated December 17, 2003 and last revised April 24, 2006. Martin Sidor: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion carries. Malon Industries. Inc.: The site plan amendment includes parking changes and a drive-up window for a bank on a 1.2356-acre parcel in the B Zone located approximately 83.35' w/o Cox's Lane, on the n/s/o NYS Road 25, known as 32845 NYS Road 25 in Cutchogue. SCTM#1000-97-5-4.5 Chairperson Woodhouse: WHEREAS, the amended site plan includes parking changes and a drive-up window for a bank on a 1.2356-acre parcel in the B Zone located approximately 83.35' w/o Cox's Lane, on the n/s/o NYS Road 25, known as 32845 NYS Road 25, in Cutchogue. SCTM#1000-97-5-4.5; be it therefore Southold Town Planninq Board Paqe Thirtv Mav 8. 2006 RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act (6 NYCRR), Part 617.5 c (7), makes a determination that the proposed action is a Type II and not subject to review; Georqe Solomon: 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 set Monday, June 12, 2006, at 6:00 p.m. for a final public hearing on the maps dated December 11, 2003 and last revised February 15, 2006. Martin Sidor: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion carries. *************************************** SITE PLANS Conditional Final Extensions: Sana Lee Farm Stand: This amended site plan is for the construction of a 2,600 sq. ft. enclosed farm stand on a 15.306-acre parcel in the A-C Zone located at 25180 CR 48, approximately 781' e/o Bridge Lane on the s/s/o C.R. 48 in Cutchogue. SCTM#'s 1000-84-5-1.2 & 1.3 Chairperson Woodhouse: WHEREAS, the proposed amended site plan for Sang Lee Farms is for a new 2,600 sq. ft. farm stand on 15.306 acres; and WHEREAS, Fred and Karen Lee are the owners of the property; and WHEREAS, the applicant hereby agrees and understands that if the site plan which receives stamped Health Department approval differs in any way from the proposed conditional site plan on which the Planning Board held a public hearing and voted on, then the Planning Board has the right and option, if the change is material to any of the issues properly before the Planning Board, to hold another public hearing on this "revised" site plan application and rescind or amend its conditional approval; and __...--_ ___..._m______n____ Southold Town Planninq Board Paqe Thirty-One Mav 8. 2006 WHEREAS, on August 9, 2004, the South old Town Planning Board closed the final public hearing and granted conditional final approval which expired in six months on February 10, 2005; and WHEREAS, the applicant is requesting an additional extension of conditional final approval; be it therefore RESOLVED, that the Southold Town Planning Board grant an additional one-year extension from February 8, 2006 to February 8, 2007 to the conditional final approval on the site plan prepared by Samuels and Steelman, dated November 18, 2002 and last revised June 12, 2003, subject to fulfillment of the following condition: - Approval by the Suffolk County Department of Health Services. Joseph Townsend: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? And that motion carries. ************************** Determinations: Matt-a-Mar By the Bay: This site plan proposes 17 boat racks storing 9 boats per rack for a total of 153 boat capacity, 10 wet boat slips, use of an existing restaurant and storage building on a 3.25 acre parcel in the Mil Zone located at e/s/o First Street approximately 32' s/o King Street known as 650 First Street in New Suffolk. SCTM# 1000-117-8-18 WHEREAS, This application for site plan approval proposes 17 boat racks storing 9 boats per rack for a total of 153 boat capacity, 10 wet boat slips, use of an existing restaurant and storage building on a 3.25 acre parcel in the Mil Zone located at e/s/o First Street approximately 32' s/o King Street also known as 650 First Street located in New Suffolk. SCTM# 1000-117-8-18; and WHEREAS, pursuant to NYSCRR Regulations Part 617 (SEQR), on May 11, 2005, the Town of South old Planning Board informed the New York State Department of Environmental Conservation that the Town of Southold Planning Board established itself as Lead Agency for the proposed action; and WHEREAS, on August 5, 2005 the applicant's agent submitted a request that the determination of significance remain open; and South old Town Planninq Board Paqe Thirtv-Two Mav 8. 2006 WHEREAS, the Town of South old Planning Board agreed to hold the determination of significance open to April 24th, 2006 and the date has passed with no new supplemental information submitted by the applicant agent; therefore be it RESOLVED, that the Southold Town Planning Board, pursuant to Part 617, Article 6 of the Environmental Conservation Law acting under the State Environmental Quality Review Act, establish itself as lead agency; Martin Sidor: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion carries. And be it fu rther RESOLVED, that the Southold Town Planning Board, as lead agency, has reviewed the report titled Environmental Assessment Review Environmental and Planninq Considerations Matt-A -Mar By the Bav. LLC la) New Suffolk prepared by Nelson, Pope and Voorhis, LLC; Martin Sidor: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion carries. And be it further RESOLVED, that because the proposed action may have a significant impact on the environment the Town of Southold Planning Board hereby adopts a Positive Declaration for the proposed action; Martin Sidor: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion carries. And be it further RESOLVED, that pursuant to Article 617.8, scoping will be required for the action; Martin Sidor: Second, Chairperson Woodhouse: All in favor? Ayes. Southold Town Planninq Board Paqe Thirtv-Three Mav 8. 2006 Chairperson Woodhouse: Opposed? That motion carries. And be it further RESOLVED, that pursuant to Article 617.13 of the 6NYCC, Part 617 State Environmental Quality Review Act, the applicant will be financially responsible for costs incurred for the review and website posting of the draft and final Environmental Impact Statements by the Town of Southold. Martin Sidor: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion carries. *************************************** Chairperson Woodhouse: Is there anyone else who would like to address the Board before we adjourn? I will entertain a motion to adjourn. Georqe Solomon: So moved. Martin Sidor: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: The meeting is adjourned. *********************************** There being no further business to come before the Board, the meeting was adjourned at 7:00 p.m. RECEIVED Respectfully submitted, J'oo fl;1( ..~ 12 2007 ~ Y t? '.-'''n CIt1)rk Linda Randolph, Secret , .. tA::.. ,~~ . Woodhouse, Chairperson