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HomeMy WebLinkAboutPB-06/12/2006 KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND MAltiNG ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE WCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair PLANNING BOARD OFFICE TOWN OF SOUTHOLD PUBLIC MEETING MINUTES Monday, June 12, 2006 6:00 p.m. RECEIVi:D Present were: Jerilyn B. Woodhouse, Chairperson Kenneth L. Edwards, Member George D. Solomon, Member Joseph L. Townsend, Member Mark Terry, Senior Environmental Planner Anthony Trezza, Senior Planner Bruno Semon, Senior Site Plan Reviewer Amy Ford, Senior Planner Linda Randolph, Secretary JUN 1 3 2007 Souli'lJld Tc.vm Cler. SETTING OF THE NEXT PLANNING BOARD MEETING Chairperson Woodhouse: Good evening and welcome to the June 12th meeting of the Southold Town Planning Board. We have a motion on the floor that has been seconded to set the next meeting for Monday, July 10, 2006 at 6:00 p.m. at the Southold Town Hall, Main Road, Southold, as the time and place for the next regular Planning Board Meeting. Chairperson Woodhouse:. All in favor? Aves: Ms. Woodhouse, Mr. Townsend, Mr. Edwards, Mr. Solomon. Chairperson Woodhouse: Opposed? And the motion carries. Chairperson Woodhouse: We have a number of public hearings tonight. There will be opportunities for the public to address the Planning Board. We ask that when you would like to address us, you approach either of the microphones; there will be a piece of paper there and a pen. Please print your name clearly so that when we transcribe our minutes we have an accurate record as to who you are. Southold Town Planning Board Page Two June 12, 2006 PUBLIC HEARINGS 6:00 p.m. - 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' wlo Cox's Lane, on the nlslo NYS Road 25, known as 32845 NYS Road 25 in Cutchogue. SCTM#1000-97-5-4.5 Chairperson Woodhouse: Is there anyone who would like to speak on behalf of this application? Charles Cuddy: I am the attorney for the applicant, here to answer any questions. Chairperson Woodhouse: Is there anyone else who would like to speak on behalf of this application? Hearing none, I will entertain the resolution. Joseph Townsend: 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' wlo Cox's Lane, on the nlslo NYS Road 25, known as 32845 NYS Road 25, in Cutchogue. SCTM#1000-97-5-4.5; and WHEREAS, Malon Industries, Inc. is the owner of the property located approximately 83.35' wlo Cox's Lane, on the nlslo NYS Road 25, known as 32845 NYS Road 25, in Cutchogue; and WHEREAS, on April 12, 2005, the South old Town Planning Board granted final approval on the site plan prepared and certified by Harold E. Gebhard a Licensed Architect, dated December 11, 2003 and last revised March 16, 2005 and authorized the Chairperson to endorse the final site plans, and the requirements of that site plan remaining effect, except as modified herein: and WHEREAS, on September 9, 2005, the agent, Charles R. Cuddy, Esq., working for Christine Malon, submitted an amended formal site plan for approval; and WHEREAS, on December 1, 2005, the Architectural Review Committee reviewed the architectural drawings and associated site plan materials and tabled the application pending a drawing of the west side elevation and sign details; and WHEREAS, on January 6, 2006, the New York State Department of Transportation responded after review and noted "the proposed changes do not appear to have a significant impact on the traffic operation of the State Highway or the site; therefore all other permit requirements remain as specified" under existing highway work permit number 10-02-0161 and the Southold Town Planning Board accepts this approval; and WHEREAS, on January 19, 2006, the Cutchogue Fire District responded that no additional requirements andlor recommendations for fire access are necessary; and Southold Town Planning Board Page Three June 12, 2006 WHEREAS, on March 21, 2006, the Suffolk County Department of Planning responded after review and determined this matter is for "local determination as there appears to be no significant county-wide or inter-community impact(s)" and the Planning Board accepts this pursuant to 239L & M General Municipal Law; and WHEREAS, on April 25, 2006, the Southold Town Building Inspector reviewed and certified the amended site plan for a "Commercial Center ( Retail and Office Space)" use; and WHEREAS, on May 4, 2006, the Architectural Review Committee reviewed the architectural drawings and associated site plan materials and approved the construction "subject to signage and additional light cuts: maximum height from grade not to exceed 6' to top of sign" and the Southold Town Planning Board reviewed the subject condition did not change the signage previously approved on the April 12, 2005 site plan; and WHEREAS, on May 9, 2006, the South old Town Planning Board acting under the State Environmental Quality Review Act (6 NYCRR), Part 617.5 c (7), made a determination that the proposed action was a Type II and not subject to review; and WHEREAS, on May 31, 2006, the South old Town Engineer reviewed the amended site plan materials and approved the drainage of existing conditions along with the proposed construction subject to comments/conditions and the Southold Town Planning Board incorporates such comments /conditions as requirements in this approval; and WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has received affidavits that the applicant has complied with the notification provisions; and WHEREAS, the following items shall be required: · The owner agrees to the Planning Board's current requirement of a total of 47 parking spaces, as opposed to the 57 required by Southold Town Code for the proposed uses and the Planning Board waives the parking requirements to that limited extent in consideration of the applicants' proposed installation of the drainage swale on the north side of the property, landscaping and proposed installation of the cross easement to the property on the west side as noted on the amended site plan. · The owner agrees to be bound by all of the requirements of the executed Cross Easement Agreement dated April 27, 2006 as approved by the Southold Town Planning Board. · All outdoor lighting shall be shielded so that the light source is not visible from adjacent properties and roadways. Lighting fixtures shall focus and direct the light in such a manner as to contain the light and glare within property boundaries. The lighting must meet town code requirements. Southold Town Planning Board Page Four June 12, 2006 . If necessary, the applicant must obtain a SPDES General Permit (NYR-10Ho57) for Storm Water Discharges (General Permit Number GP-02-01) from the New York State Department of Environmental Conservation for the construction activities. · All approved signs shall meet Southold Town Zoning Codes and shall be subject to approval of the Southold Town Building Inspector. · As per the landscape survivability guarantee, the applicant agrees to replace any of the landscaping which dies within three (3) years of planting; be it therefore RESOLVED, that the 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 April 26, 2006 memo prepared by the LWRP Coordinator are implemented; Ken Edwards: Second the motion. Chairperson Woodhouse:. All in favor? Aves: Ms. Woodhouse, Mr. Edwards, Mr. Townsend, Mr. Solomon. Chairperson Woodhouse: Opposed? And the motion carries. Joseph Townsend: and be it further RESOLVED, that pursuant to Southold Town Code 100-254 Part B Section 5, the Planning Board is granting approval for less than the required number of spaces for the proposed use and the Planning Board shall have the right to review the parking requirements in the future if a change of use or intensity of use is proposed at the site; Ken Edwards: Second the motion. Chairperson Woodhouse:. All in favor? Aves: Ms. Woodhouse, Mr. Edwards, Mr. Townsend, Mr. Solomon. Chairperson Woodhouse: Opposed? And the motion carries. Joseph Townsend: and be it further RESOLVED, that pursuant to South old Town Code 100-254 Part I, the applicant agrees to incorporate all the requirements, comments, and recommendations of each reviewing agency as referenced above and as indicated on the site plan and corresponding attachments; Ken Edwards: Second the motion. Chairperson Woodhouse:. All in favor? Southold Town Planning Board Page Five June 12, 2006 Aves: Ms. Woodhouse, Mr. Edwards, Mr. Townsend, Mr. Solomon. Chairperson Woodhouse: Opposed? And the motion carries. Joseoh Townsend: and be it further RESOLVED, that the Southold Town Planning Board grant approval on the amended site plan prepared by Harold E. Gebhard, Architect dated December 11, 2003 and last revised February 15, 2006 and the following Architectural Plans A-1 , A-4 & A-5 dated April 18, 2005 and last revised December 9, 2005, the Planning Board authorizes the Chairperson to endorse the amended site plans subject to the following conditions: 1. The applicant/agent/owner agrees to file and record within sixty (60) days the executed Cross Easement Agreement dated April 27, 2006 as approved by the South old Town Planning Board in the Office of the Suffolk County Clerk. After filing and recording the Cross Easement Agreement submit a copy to the Southold Town Planning Department. 2. The site plan approval requires that all work proposed on the amended site plan shall be completed within three (3) years from the date of this resolution. 3. Prior to the request for the Certificate of Occupancy, the owner or authorized agent must request the said Building Inspector and the Planning Board to perform an on-site inspection to find the site improvements are in conformity with the approved amended site plan. 4. If the as-built site improvements vary from the approved amended site plan, the Planning Board reserves the right to request a certified as-built site plan detailing all the changes. 5. Any changes from the approved amended site plan shall require Planning Board approval, and any such changes without Planning Board approval will be subject to referral to the Town Attorney's Office for possible legal action. Ken Edwards: Second the motion. Chairoerson Woodhouse:. All in favor? Aves: Ms. Woodhouse, Mr. Edwards, Mr. Townsend, Mr. Solomon. Chairperson Woodhouse: Opposed? And the motion carries. ************************* Southold Town Planning Board Page Six June 12, 2006 6:05 p.m. - Osprey's Dominion Conservatory: This amended site plan is for the proposed alteration and expansion of an existing 1,357 sq. ft. building and approved conservatory building and dormer of 1,995 sq. ft. to include a 1,462 sq. ft. addition which includes a site plan change in parking to 41 required spaces and 59 overflow spaces provided on 4.46 acres in the AC Zone located on the nlslo New York State Road 25 and 1,506' elo Peconic Lane known as 44075 Main Road in Peconic. SCTM#(s) 1000-75-1-20.1 & 20.2 Chairperson Woodhouse: Is there anyone who would like to speak on behalf of this application? Hearing none, I will entertain the resolution. Ken Edwards: WHEREAS, the amended site plan is for the proposed alteration and expansion of an existing 1,357 sq. ft. building and approved conservatory building and dormer of 1,995 sq. ft. to include a 1,462 sq. ft. addition which includes a site plan change in parking to 41 required spaces and 59 overflow spaces provided on 4.46 acres in the AC Zone located on the nlslo New York State Road 25 and 1,506' elo Peconic Lane known as 44075 Main Road in Peconic. SCTM#(s) 1000-75-1-20.1 & 20.2; and WHEREAS, Frederick W. Koehler is the owner of the property located on the elo Peconic Lane known as 44075 Main Road in Peconic; and WHEREAS, on August 9, 2005, the Southold Town Planning Board granted final approval on the site plan prepared by J. Grammas Consulting and certified by Carlos E. Cala, Registered Architect, dated December 17, 2003 and last revised August 31,2004 and authorized the Chairperson to endorse the final site plans, and the requirements of that site plan remaining effect, except as modified herein: and WHEREAS, on February 14, 2006, the applicant, Frederick W. Koehler, submitted an amended formal site plan for approval; and WHEREAS, on February 16, 2006, the Suffolk County Department of Health Services, Reference No. C10-04-012, approved the revised plans to include the 1,462 square foot addition from their original approval on July 12, 2005; and WHEREAS, on March 1, 2006, the Architectural Review Committee reviewed the architectural drawings and associated site plan materials and approved the project pending submission of proposed lighting and catalog cuts; and WHEREAS, on March 24, 2006, the New York State Department of Environmental Conservation responded that a permit is not necessary as long as all work is outside of any tidal or freshwater wetlands boundary; and WHEREAS, on April 3, 2006 the Planning Board accepted the "Landscape Development Planting Plan" dated March 24, 2006 and supporting materials prepared by Richard W. Gibney, R.L.A. including the removal of a 40" caliper sycamore maple Southold Town Planning Board Page Seven June 12, 2006 located on the south side of the property east of the existing driveway entrance and replacing it with three (3) 2 - 2.5" caliper red maples; and WHEREAS, on April 5, 2006, the owner and President of Osprey Dominion Vineyards, Frederick W. Koehler, submitted a formal request to withdraw the windmill application known as L1PA Windturbine; and WHEREAS, on April 6, 2006, the Suffolk County Department of Planning responded to the applicant's request stating the proposed expansion is not on property in which the County owns development rights and has no objection to the proposed expansion; and WHEREAS, on April 17, 2006, the South old Fire District responded that adequate fire protection has been supplied; and WHEREAS, on April 20, 2006, the South old Town Building Inspector reviewed and certified the amended site plan for a "winery" use; and WHEREAS, on May 1, 2006, the New York State Department of Transportation responded after review and determined a Highway Work Permit is not required "as long as all work is progressed outside the Route 25 highway ROWand the Route 25 highway ROW is not used to perform any work"; and WHEREAS, on May 4, 2006, the Architectural Review Committee reviewed the proposed lighting and catalog cuts and approved the project; and WHEREAS, on May 8,2006, the South old Town Engineer reviewed the amended site plan materials and replied that all items have been addressed in a satisfactory manner; and WHEREAS, on June 9, 2006, the Suffolk County Department of Planning responded after review and determined this matter is for "local determination as there appears to be no significant county-wide or inter-community impact(s)" and the Planning Board accepts this pursuant to 239L & M General Municipal Law; and WHEREAS, the 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 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. Southold Town Planning Board Page Eight June 12, 2006 2. If necessary, the applicant must obtain a SPDES General Permit (NYR-10Ho57) 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. 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 on April 5, 2006, the owner and President of Osprey Dominion Vineyards, Frederick W. Koehler, formally withdrew the windmill application known as L1PA Windturbine pursuant to South old Town Code 9100-254 B (6); Georqe Solomon: Second. Chairperson Woodhouse:. All those in favor? Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Townsend, Mr. Solomon. Chairperson Woodhouse: Opposed? And the motion carries. Ken Edwards: and be it further RESOLVED, that on April 11 ,2006, the South old 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: Ms. Woodhouse, Mr. Edwards, Mr. Townsend, Mr. Solomon. Chairperson Woodhouse: Opposed? And the motion carries. Ken Edwards: and be it further RESOLVED, that the Southold Town Planning Board has reviewed the proposed action under the policies of the Town of Southold Local Waterfront Revitalization Program and has determined that the action is consistent provided that the best management practices outlined in the June 5, 2006 memo prepared by the LWRP Coordinator are implemented; Georqe Solomon: Second. Chairperson Woodhouse: All in favor? Ayes: Ms. Woodhouse, Mr. Edwards, Mr. Townsend, Mr. Solomon. Southold Town Planning Board Page Nine June 12, 2006 . Chairperson Woodhouse: Opposed? And the motion carries. Ken Edwards: and be it further RESOLVED, that pursuant to Southold Town Code 100-254 Part I, the applicant agrees to incorporate all the requirements, comments, and recommendations of each reviewing agency as referenced above and as indicated on the site plan and corresponding attachments; Georqe Solomon: Second the motion. Chairperson Woodhouse: All those in favor? Aves: Ms. Woodhouse, Mr. Edwards, Mr. Townsend, Mr. Solomon. Chairperson Woodhouse: Opposed? And the motion carries. Ken Edwards: and be it further RESOLVED, that the Southold Town Planning Board grant approval on the amended site plan prepared by Carlos E. Cala of J. Grammas Consultants dated December 17, 2003 and last revised April 24, 2006 and the Landscape Development Planting Plan prepared by Richard W. Gibney dated March 24, 2006 and authorize the Chairperson to endorse the site plans 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 amended site plan. 3. If the as-built site improvements vary from the approved amended site plan, the Planning Board reserves the right to request a certified as-built site plan detailing all the changes. 4. Any changes from the approved amended site plan shall require Planning Board approval, and any such changes without Planning Board approval will be subject to referral to the Town Attorney's Office for possible legal action. Georqe Solomon: Second the motion. Chairperson Woodhouse: All those in favor? Aves: Ms. Woodhouse, Mr. Edwards, Mr. Townsend, Mr. Solomon. Chairperson Woodhouse: Opposed? And that motion carries. ***************************** Southold Town Planning Board Page Ten June 12, 2006 6:10p.m. - Orient Fire District Tower: This site plan is for the co-location of Nextel @ 85' height, Cingular @ 75' height & Verizon @ 65' height on a proposed 90' communications flagpole tower with firelpolice emergency communication mounted on a cross bar @ 90' height and includes a 43'x46'x 6' high fenced enclosure on a 4.4-acre parcel in the R-80 Zone located on the slslo Main Road at the sle intersection of Main Road and Tabor Road in Orient. SCTM# 1000-18-5-13.8 Chairperson Woodhouse: Is there anyone who would like to speak on behalf of this application? Rvan Dassau: Representing the applicant. I will be happy to answer any questions from the Board or the audience. Chairperson Woodhouse: Is there anyone else who would like to speak on behalf of this application? Hearing none, will you please read the resolution? Georqe Solomon: WHEREAS, the site plan is for the co-location of Nextel @ 85' height, Cingular @ 75' height & Verizon @ 65' height on a proposed 90' communications flagpole tower with firelpolice emergency communication mounted on a cross bar @ 90' height and includes a 43'x46'x 6' high fenced enclosure on a 4.4-acre parcel in the R-80 Zone located on the slslo Main Road at the sle intersection of Main Road and Tabor Road in Orient. SCTM# 1000-18-5-13.8; and WHEREAS, Orient Fire District is the owner of the property located on the slslo Main Road at the sle intersection on Main Road and Tabor Road in Orient; and WHEREAS, on March 31,2005, the Southold Town Zoning Board of Appeals granted a Variance described under Appeal Number 5408 allowing the construction of a 90 ft. wireless communications flagpole and related equipment enclosure; and WHEREAS, on November 9, 2005, the agent, Lawrence C. Re, working for New Cingular Wireless PCS, LLC, submitted an amended formal site plan for approval; and WHEREAS, on November 18, 2005, the New York State Department of Transportation responded after review and determined a permit would not be necessary as long as all work is out of the State ROW; and WHEREAS, on November 21, 2005, the Orient Fire District responded that no additional requirements andlor recommendations for fire access are necessary; and WHEREAS, on November 28, 2005, the Suffolk County Department of Planning responded after review and determined this matter is for "local determination as there appears to be no significant county-wide or inter-community impact(s)" and the Planning Board accepts this pursuant to 239L & M General Municipal Law; and South old Town Planning Board Page Eleven June 12,2006 WHEREAS, on December 1, 2005, the Architectural Review Committee reviewed the architectural drawings and associated site plan materials and tabled the application pending the receipt of further information; and WHEREAS, on January 12, 2006, the Architectural Review Committee reviewed the architectural drawings and associated site plan materials and made recommendations; and WHEREAS, on April 13, 2006, the South old Town Zoning Board of Appeals, under previous Appeal number 5408, granted a Variance described under Appeal Number 5863 allowing the relocation of the communications flagpole and related equipment enclosure; and WHEREAS, on April 13, 2006, the South old Town Zoning Board of Appeals granted a Variance described under Appeal Number 5805 for public utility antennas and telecommunications use; and WHEREAS, on May 30, 2006, the Southold Town Building Inspector reviewed and certified the amended site plan for a "Wireless Communication Facility on an Existing Telecommunications Tower" use; and WHEREAS, on May 31,2006, the Southold Town Engineer reviewed the amended site plan materials regarding the relocation of the wireless communications tower and related equipment enclosures and requested further information; and WHEREAS, on June 1, 2006, the Architectural Review Committee reviewed the revised architectural drawings and associated site plan materials and approved the application subject to conditions, and, subject to their approval, the Planning Board incorporates this recommendation in the site plan; and WHEREAS, on June 12, 2006, the South old Town Engineer reviewed the amended site plan materials and approved the drainage of existing conditions along with the proposed construction subject to comments/conditions and the South old Town Planning Board incorporates such comments /conditions as requirements in this approval; 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 items shall be required: 5. All outdoor lighting shall be shielded so that the light source is not visible from adjacent properties and roadways. Lighting fixtures shall focus and direct the light in such a manner as to contain the light and glare within property boundaries. The lighting must meet town code requirements. Southold Town Planning Board Page Twelve June 12, 2006 6. All signs shall meet South old Town Zoning Codes and shall be subject to approval of the South old Town Building Inspector. 7. 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, on June 12, 2006, the Southold Town Planning Board, acting under the State Environmental Quality Review Act (6 NYCRR), Part 617.5 c (11&13), makes a determination that the proposed action is a Type II and not subject to review; Ken Edwards: Second the motion. Chairperson Woodhouse:. All those in favor? Aves: Ms. Woodhouse, Mr. Edwards, Mr. Townsend, Mr. Solomon. Chairperson Woodhouse: Opposed? That motion carries. Georae Solomon: and be it further RESOLVED, that the South old Town Planning Board has reviewed the proposed action under the policies of the Town of South old Local Waterfront Revitalization Program and has determined that the action is consistent provided that the best management practices outlined in the December 23, 2005 memo prepared by the LWRP Coordinator are implemented; Ken Edwards: Second the motion. Chairperson Woodhouse:. All in favor? Aves: Ms. Woodhouse, Mr. Edwards, Mr. Townsend, Mr. Solomon. Chairperson Woodhouse: Opposed? That motion carries. Georae Solomon: and be it further RESOLVED, that pursuant to Southold Town Code 100-254 Part I, the applicant agrees to incorporate all the requirements, comments, and recommendations of each reviewing agency as referenced above and as indicated on the site plan and corresponding attachments; Ken Edwards: Second. Chairperson Woodhouse:. All in favor? Aves: Ms. Woodhouse, Mr. Edwards, Mr. Townsend, Mr. Solomon. Chairperson Woodhouse: Opposed? That motion carries. Georae Solomon: and be it further RESOLVED, that the Southold Town Planning Board grant approval on the site plan drawings T-1, A-1 & A-2 prepared by Michael Walker Design/Builder, LLC and certified by Michael Walker, Architect dated December Southold Town Planning Board Page Thirteen June 12, 2006 6, 2004 and last revised March 6, 2006 and authorize the Chairperson to endorse the site plans 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 amended site plan. 3. If the as-built site improvements vary from the approved amended site plan, the Planning Board reserves the right to request a certified as-built site plan detailing all the changes. 4. Any changes from the approved amended site plan shall require Planning Board approval, and any such changes without Planning Board approval will be subject to referral to the Town Attorney's Office for possible legal action. Ken Edwards: Second the motion. Chairperson Woodhouse:. All in favor? Aves: Ms. Woodhouse, Mr. Edwards, Mr. Townsend, Mr. Solomon. Chairperson Woodhouse: Opposed? And that motion carries. **************************** Hearings Held Over From Previous Meetings: BCB Realty 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 els with 3,964 s.f. of first floor office space and a 3,706 s.f. second floor apartment space with three apartments, and a building on the wls with 4,424 s.f. of commercial bank space with drive-up teller service on a 1.41-acre parcel in the B Zone located on the nlslo NYS Road 25 approximately 259' wlo Moore's Lane known as 74825 Main Road in Greenport. SCTM# 1000-45-4-8.3 Chairperson Woodhouse: Is there anyone here who would like to speak on behalf of this application? Hearing none, I will ask that the resolution be read: Ken Edwards: WHEREAS, the proposed site plan involves the demolition of an existing restaurant building, proposed new construction of two buildings that includes a building on the els 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 wls with 4,424 sq. ft. of Southold Town Planning Board Page Fourteen June 12, 2006 commercial bank space with drive-up teller service on a 1.41-acre parcel in the B Zone; and WHEREAS, 74825 Main Road, LLC is the owner of the property located on the nlslo NYS Road 25 approximately 259' wlo Moore's Lane known as 74825 Main Road in Greenport, SCTM# 1000-45-4-8.3; and WHEREAS, on April 19, 2005, the Southold Town Building Department issued a Notice of Disapproval on Form NO.3 indicating: "The proposed construction and uses require site plan approval from the Southold Town Planning Board" and WHEREAS, on April 22, 2005, the Southold Town Building Department issued a second Notice of Disapproval on Form NO.3 indicating: "The proposed construction is not permitted pursuant to Article X, Section 100-103.C"; and "The proposed bank building is noted as having 72.5 feet of linear frontage" and "In addition, the proposed construction and uses require site plan approval from the Southold Town Planning Board" and WHEREAS, the agent, Ronald Hill of rlh Land Planning Services, Inc., submitted a formal site plan for approval on June 2, 2005; and WHEREAS, on July 7,2005, the agent, Ronald Hill, submitted the light details and information known as Attachment A for all the proposed site plan lighting, and the Planning Board accepts this for approval; and WHEREAS, on July 7,2005, the LWRP Coordinator reviewed the action for the Southold Town Trustees and recommended that "the proposed action is generally consisent with the Policy Standards and therefore is consistent with the LWRP provided that the following outstanding items are submitted and standard best management practice are implemented to further the intent of the LWRP Policies" and the following water conservation measures were recommended: 1. Require that the setbacks set by the Board are to remain undisturbed in a natural state into perpetuity. 2. Prior to any construction, the establishment of a hay bale line and silt fence should be installed immediately landward of the setback line. 3. Where practical, the Board should require the installation of pervious parking areas and gutters and leaders on each building leading into drywells; and WHEREAS, on July 20, 2005, the South old Town Trustees issued a permit under the provisions of Chapter 97 of the Southold Town Code Wetland Ordinance under Permit Number 6158 with conditions and such permit conditions are included in this approval; and WHEREAS, on August 9, 2005, the South old Town Building Department issued a third Notice of Disapproval on Form NO.3 indicating the following: "The proposed construction is not permitted pursuant to Article X, Section 100-103.A&C", "Both proposed buildings are noted as being +1- 75 feet from the right-of-way and the proposed bank building has +1- 70 linear feet of frontage" and "In addition, the Southold Town Planning Board Page Fifteen June 12, 2006 proposed construction and uses require site plan approval from the Southold Town Planning Board"; and WHEREAS, on August 16, 2005, the Southold Town Building Department issued a fourth Notice of Disapproval on Form NO.3 indicating the following: "The proposed construction is not permitted pursuant to Article X, Section 100-103.C", "The proposed bank building has +/- 70 linear feet of frontage" and "In, addition, the proposed construction and uses require site plan approval from the Southold Town Planning Board"; and WHEREAS, on August 18, 2005, the Architectural Review Committee reviewed the architectural drawings and associated site plan materials and approved the application with conditions that the signage and signage lighting be submitted for review and the Southold Town Planning Board accepted the approval; and WHEREAS, on September 1, 2005, the Southold Town Zoning Board of Appeals granted a Variance described under Appeal Number 5739 as applied for; and WHEREAS, on December 19, 2005, the Suffolk County Department of Planning responded after a 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 12, 2006, the Architectural Review Committee reviewed the revised site plan materials and approved the application contingent upon reduction of the height and width of the main street sign and the Southold Town Planning Board accepted the approval; and WHEREAS, on January 19, 2006, the Suffolk County Department of Health Services issued a SPDES permit number 0254851 and reference number C1 0-05-0013 for the proposed site plan build out; and WHEREAS, on January 30, 2006, the New York State Department of Transportation reviewed an application for a highway work permit and assigned case number 05-190P pending submission of a revised site plan; and WHEREAS, on February 6, 2006, Chief Volinski of the Greenport Fire Department reviewed and approved the site plan dated May 10, 2005 and last revised February 25, 2006 and the Planning Board accepts this approval; and WHEREAS, on February 14, 2006, the South old 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 Southold Town Planning Board Page Sixteen June 12, 2006 WHEREAS, on March 1, 2006, the Architectural Review Committee reviewed the revised sign detail materials and approved the complete application and the Southold Town Planning Board accepted the approval; and WHEREAS, on March 7, 2006, the New York State Department of Environmental Conservation issued a "NOTICE OF NEED FOR A PERMIT" stating the review conducted did not pickup the wetland boundary flagged on the most recent plan submitted to this office; and WHEREAS, on March 16,2006, 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 April 20, 2006, the New York State Department of Environmental Conservation issued a "Notice of Complete Application" for an applied permit Article 24 Freshwaters Wetlands"; and WHEREAS, on April 25, 2006, the Southold Town Building Inspector reviewed and certified the site plan for "Bank, Apartments and Office Building" use with reference to the ZBA Appeal # 5739; and WHEREAS, on May 8, 2006, the Southold Planning Board agreed to leave the hearing open until June 12, 2006 pending receipt of the owner, agent and/or applicant executing and filing with the Office of the County Clerk the Covenants and Restrictions as approved by the South old Town Planning Board and submission of a recorded copy to the Southold Town Planning Department for the file with the addition of the non-disturbance open space requirement of the west side of the property; and WHEREAS, on May 15, 2006, the New York State Department of Transportation conditionally approved a Highway Work Permit under case number 05-190P and the Southold Town Planning Board accepts this conditional approval; and WHEREAS, on May 19, 2006, the Suffolk County Department of Health Services granted a variance under reference number S1 0-060001 and the Southold Town Planning Board accepts this variance; and WHEREAS, on May 25, 2006, the New York State Department of Environmental Conservation issued approval under Permit Number 1-4738-03563/00001 with 11 conditions and the South old Town Planning Board accepts this conditional approval; and WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has received affidavits that the applicant has complied with the notification provisions; and WHEREAS, the following five items shall be required: Southold Town Planning Board Page Seventeen June 12,2006 1. The owner agrees to be bound by all of the requirements of the executed Covenants and Restrictions dated May 16, 2006 and filed with the Office of the County Clerk on June 7, 2006 as approved by the Southold Town Planning Board. 2. All outdoor lighting shall be shielded so that the light source is not visible from adjacent properties and roadways. Lighting fixtures shall focus and direct the light in such a manner as to contain the light and glare within property boundaries. The lighting must meet town code requirements. 3. The applicant must maintain 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. 4. All signs shall meet Southold Town Zoning Codes and shall be subject to the approval of the South old Town Building Inspector and signage recommendations of the Architectural Review Committee approval dated March 1, 2006. 5. 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; Joe Townsend: I will recuse myself from voting on this. Georae Solomon: Second. Chairperson Woodhouse: All in favor? Aves: Ms. Woodhouse, Mr. Edwards, Mr. Solomon. Chairoerson Woodhouse: Opposed? That motion carries. Ken Edwards: and be it further RESOLVED, that the South old 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 July 7,2005 memo prepared by the LWRP Coordinator for the Southold Town Trustees; Georae Solomon: Second. Chairoerson Woodhouse:. All in favor? Aves: Ms. Woodhouse, Mr. Edwards, Mr. Solomon. Southold Town Planning Board Page Eighteen June 12, 2006 Chairoerson Woodhouse: Opposed? That motion carries. Ken Edwards: and be it further RESOLVED, that the Southold Town Planning Board grant approval on the site plan prepared by East End Drafting Associates, LLC. and certified by James J. Deerkoski, P.E. dated January 3,2005, and last revised February 25,2006 including five pages (SP5, SP5A, SW1 and the DOT SP1 of 2 and 2 of 2), and a set of architectural plans dated April 4, 2005 last revised August 20, 2005, including seven pages (A 1 - A7) and authorize the Chairperson to endorse the final site plan with the following conditions: 1. The owner, agent and/or applicant shall receive approval from the Suffolk County Department of Health Services for the approved construction and submit such approval to the South old Town Planning Department for review along with one copy of the Suffolk County Clerk filed Covenant. If such approval varies from this approved site plan, the Planning Board reserves the right to the review of a new and site plan application. 2. The owner, agent and/or applicant shall comply all requirements of each condition of the New York State Department of Environmental Conservation approval Permit Number 1-4738-03563/00001 and submit to the Southold Town Planning Department one copy of the Suffolk County Clerk filed Covenant for the property as indicated in condition number 10 of the permit. 3. The owner, agent and/or applicant shall comply with all conditions of the New York State Department of Transportation conditionally approved Highway Work Permit under case number 05-190P prior to any construction on the site. 4. 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. 5. 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. 6. 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. 7. Any changes from the approved site plan shall require Planning Board approval, and any such changes without Planning Board approval will be subject to referral to the Town Attorney's Office for possible legal action. 8. The Planning Board will issue a final site plan approval in the form of a letter following a site inspection and at the time the site improvements are found to be in conformance with the approved site plan. Southold Town Planning Board Page Nineteen June 12, 2006 Georae Solomon: Second the motion. Chairperson Woodhouse: All in favor? Aves: Ms. Woodhouse, Mr. Edwards, Mr. Solomon. Chairperson Woodhouse: Opposed? And that motion carries. ********************************* Charnews. Daniel: This proposal is to subdivide a 23.4004 acre parcel into two lots where Lot 1 equals 3 acres and Lot 2 equals 20.4004 acres. The property is located on the wlslo Youngs Avenue and the elslo Horton Lane, approximately 375' south of CR 48 in Southold. SCTM#1000-63-1-25 Chairperson Woodhouse: BE IT RESOLVED, that the South old Town Planning Board hereby holds open the public hearing for the Charnews Subdivision. Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Aves: Ms. Woodhouse, Mr. Edwards, Mr. Townsend, Mr. Solomon. Chairperson Woodhouse: Opposed? And that motion carries. ******************************** Baxter, Mark: This proposal is to subdivide a 6.78g8-acre parcel into 2 lots where Lot 1 equals 4.4417 acres and Lot 2 equals 2.3841 acres. The property is located on the nlslo Main Bayview Road, approximately 325' elo Smith Drive South, in Southold. SCTM#'s1000-78-7-5.3 7 5.4 Chairperson Woodhouse: BE IT RESOLVED that the Southold Town Planning Board hereby holds open the public hearing for the Baxter Subdivision. Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Aves: Ms. Woodhouse, Mr. Edwards, Mr. Townsend, Mr. Solomon. Chairperson Woodhouse: Opposed? And that motion carries. ******************************** Southold Town Planning Board Page Twenty June 12, 2006 CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE- SUBDIVISIONS (Lot Line Changes) Final Determinations: Grattan. Barbara: This proposal is to subdivide a 27.446-acre parcel into two lots where Lot 1 equals 1.838 acres and Lot 2 equals 25.608 acres. The property is located on the wlslo Depot Lane, 147' nlo School House Lane in Cutchogue. SCTM#102-1-9 Joe Townsend: WHEREAS, this proposal is to subdivide a 27.446-acre parcel into two lots where Lot 1 equals 1.838 acres and Lot 2 equals 25.608 acres; and WHEREAS, on March 13,2006, the Southold Town Planning Board granted Conditional Preliminary Plat Approval upon the map prepared by Joseph A. Ingegno, L.S. dated December 4, 2000 and last revised on June 18, 2004; and WHEREAS, on May 11, 2006, the applicant submitted the final application and fee in addition to the park and recreation fee; and WHEREAS, on May 23, 2006, the applicant submitted three additional paper prints of the final map containing the Suffolk County Department of Health Services stamp of approval; and WHEREAS, on May 23, 2006, the applicant submitted a copy of the recorded Declaration of Covenants and Restrictions; be it therefore RESOLVED, that the South old Town Planning Board finds that all of the conditions of Preliminary Plat Approval have been satisfied; Georae Solomon: Second the motion. Chairperson Woodhouse:. All in favor? Aves: Ms. Woodhouse, Mr. Edwards, Mr. Townsend, Mr. Solomon. Chairperson Woodhouse: Opposed? And that motion carries. Joe Townsend: and be it further RESOLVED, that the South old Town Planning Board finds that the final map is in substantial agreement with the approved preliminary map and therefore waives the final public hearing for this project; Georae Solomon: Second the motion. Chairperson Woodhouse:. All in favor? Aves: Ms. Woodhouse, Mr. Edwards, Mr. Townsend, Mr. Solomon. Southold Town Planning Board Page Twenty-One June 12, 2006 Chairperson Woodhouse: Opposed? And that motion carries. Joe Townsend: and be it further RESOLVED, that the Southold Town Planning Board hereby grants Final Plat Approval on the map prepared by Joseph A. Ingegno, L.S. dated December 4, 2000 and last revised on June 18, 2004, and authorizes the Chair to endorse the maps. Ken Edwards: Second the motion. Chairperson Woodhouse:. All in favor? Aves: Ms. Woodhouse, Mr. Edwards, Mr. Townsend, Mr. Solomon. Chairperson Woodhouse: Opposed? And that motion carries. *************************************** Dubner. Steven: 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. The property is located on the slslo County Road 48 and the elslo Cox's Lane, approximately 1320' wlo Bridge Lane in Cutchogue. SCTM#1000-84-4-6.1 Georae Solomon: 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, upon which the development rights have been sold to the Town of Southold, 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, on September 13, 2004, the Southold 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, the Southold Town Planning Board granted conditional final approval upon the map prepared by John C. Ehlers, LS, dated as last revised May 24,2005; and WHEREAS, on November 16, 2005, the applicant submitted copies of the recorded Declaration of Covenants and Restrictions and the Road and Maintenance Agreement; and WHEREAS, on April 12, 2006, the applicant paid the park and recreation fee in the amount of $10,500; and WHEREAS, the applicant has requested that the Town of Southold accept the Certificate of Deposit #5200009277 in the amount of $34,185, in lieu of an Irrevocable Letter of Credit, pursuant to Section A 1 06-39(A)(1) of the Town Code; and South old Town Planning Board Page Twenty-Two June 12,2006 WHEREAS, on June 9, 2006, the applicant submitted five (5) mylars and eight (8) paper prints of the final plat prepared by John C. Ehlers, L.S. dated July 7,2003 and last revised on October 6, 2005, each containing the Health Department stamp of approval; be it therefore RESOLVED, that the Southold Town Planning Board finds that all of the conditions of conditional final approval have been satisfied by the applicant; Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Aves: Ms. Woodhouse, Mr. Edwards, Mr. Townsend, Mr. Solomon. Chairperson Woodhouse: Opposed? The motion carries. Georqe Solomon: and be it further RESOLVED, that the Southold Town Planning Board accepts the Certificate of Deposit #5200009277 in the amount of $34,185 and recommends same to the Town Board; Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Aves: Ms. Woodhouse, Mr. Edwards, Mr. Townsend, Mr. Solomon. Chairperson Woodhouse: Opposed? The motion carries. Georqe Solomon: and be it further RESOLVED, that the Southold Town Planning Board grant Final Plat Approval upon the map prepared by John C. Ehlers, L.S. dated July 7,2003 and last revised on October 6,2005, and authorize the Chairperson to endorse the final maps after the Town Board accepts the Certificate of Deposit by formal resolution. Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Aves: Ms. Woodhouse, Mr. Edwards, Mr. Townsend, Mr. Solomon. Chairperson Woodhouse: Opposed? And that motion carries. *********************************** South old Town Planning Board Page Twenty-Three June 12, 2006 Setting of Preliminary Hearings: Old Orchard at Cutchoaue: Proposal is to subdivide a 4.619-acre parcel into four lots, where Lot 1 equals 67,913 sJ., Lot 2 equals 40,621 sJ., Lot 3 equals 40,082 sJ. and Lot 4 equals 44,830 sJ. The property is located on the n/w of New Suffolk Road and Cedars Road in Cutchogue. SCTM#1 000-1 09-6-9.1 Chairperson Woodhouse: WHEREAS, this proposal is to subdivide a 4.619-acre parcel into four lots, where Lot 1 equals 67,913 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, on December 12, 2005, the Southold Town Planning Board granted conditional sketch approval upon the map, prepared by Jeffrey Butler, P.E, dated last revised October 14, 2005; and WHEREAS, in a letter dated May 22, 2006, the applicant requested an extension of time for conditional sketch approval, which is set to expire on June 12, 2006; and WHEREAS, an application and fee for preliminary plat approval was submitted on May 30,2006;and WHEREAS, the Planning Board reviewed the preliminary map prepared by Jeffrey Butler, P.E, dated last revised May 24, 2006, and the revised draft Covenants and Restrictions at their work session on June 5, 2006; be it therefore RESOLVED, that the Southold Town Planning Board hereby approves the extension of time request for sketch approval, effective from June 12, 2006 until December 12, 2006; Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Aves: Ms. Woodhouse, Mr. Edwards, Mr. Townsend, Mr. Solomon. Chairperson Woodhouse: Opposed? And that motion carries. And be it further RESOLVED, that the Southold Town Planning Board set Monday July 10, 2006 at 6:00 p.m. for a preliminary public hearing on the maps prepared by Jeffrey Butler, P.E, dated last revised May 24, 2006. Southold Town Planning Board Page Twenty-Four June 12, 2006 Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Aves: Ms. Woodhouse, Mr. Edwards, Mr. Townsend, Mr. Solomon. Chairperson Woodhouse: Opposed? And that motion carries. *********************************** Conditional Sketch Determinations: Brokaw. Bennett: This proposal is to subdivide a 4.997-acre parcel into two lots where Lot 1 equals 80,000 sf and is currently improved with a single-family residence and metal garage, and Lot 2 equals 137,665 sf, inclusive of the 5,200 sf flag strip. The property is located on the slslo Bergen Avenue, approximately 1299' wlo Cox Neck Road in Mattituck. SCTM#1 000-113-7-1.1 Georqe Solomon: WHEREAS, this proposal is to subdivide a 4.997-acre parcel into two lots where Lot 1 equals 80,000 square feet and is currently improved with a single- family residence and metal garage, and Lot 2 equals 137,665 square feet, inclusive of the 5,200 sq.ft. flag strip; and WHEREAS, an application and fee for sketch approval was submitted on May 18, 2006; and WHEREAS, the Southold Town Planning Board reviewed the proposal at their work session on May 30, 2006; be it therefore RESOLVED, that the Southold Town Planning Board start the SEQRA lead agency coordination process for this unlisted action; Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Aves: Ms. Woodhouse, Mr. Edwards, Mr. Townsend, Mr. Solomon. Chairperson Woodhouse: Opposed? And that motion carries. Georqe Solomon: and be it further RESOLVED, that Southold Town Planning Board finds that the survey prepared by Joseph A. Ingegno, L.S. dated September 3,1999 and last revised May 3, 2006 satisfies the yield map requirement pursuant to Section A 106-11 (B) of the South old Town Code; Southold Town Planning Board Page Twenty-Five June 12, 2006 Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Aves: Ms. Woodhouse, Mr. Edwards, Mr. Townsend, Mr. Solomon. Chairperson Woodhouse: Opposed? And that motion carries. Georqe Solomon: and be it further RESOLVED, that the Southold Town Planning Board finds that the information shown on the survey satisfies the Existing Resources and Site Analysis Plan (ERSAP) requirement pursuant to Section A 106-11 (A) of the South old Town Code; Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Aves: Ms. Woodhouse, Mr. Edwards, Mr. Townsend, Mr. Solomon. Chairperson Woodhouse: Opposed? And that motion carries. Georqe Solomon: and be it further RESOLVED, that the Southold Town Planning Board finds that the proposal for two (2) 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 the motion. Chairperson Woodhouse: All in favor? Aves: Ms. Woodhouse, Mr. Edwards, Mr. Townsend, Mr. Solomon. Chairperson Woodhouse: Opposed? And that motion carries. Georqe Solomon: and be it further RESOLVED, that the Southold Town Planning Board hereby grant Sketch Approval upon the map prepared by Joseph A. Ingegno, L.S. dated September 3, 1999 and last revised May 3, 2006, 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. The title of the map shall read "Standard Subdivision for the Property of Bennett Brokaw." b. The building envelopes must be shown for each lot based on the bulk schedule requirements for the A-C Zoning District. c. The line that delineates the grass area on Lot 1 should be of a different type as to distinguish it from a property line. Southold Town Planning Board Page Twenty-Six June 12, 2006 d. Show the water main in Bergen Avenue. 3. Submission of draft Covenants and Restrictions containing the following clauses: a. Access to Lot 2 shall be from a private driveway within the 20'-wide flag strip shown on the approved subdivision map. b. Future residents of the lots on the approved subdivision map are advised that the lots are subject to the noise, dust and odors normally associated with agricultural activities pursuant to Article XXII, Farmland Bill of Rights, of the Southold Town Code. 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 storm water 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 on Lot 2, 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. 4. Submission of a letter of water availability from the Suffolk County Water Authority. 5. LWRP Review by the Town of Southold. 6. Submission of the Park and Playground Fee in the amount of $7,000. Ken Edwards: Second the motion. Chairoerson Woodhouse: All in favor? Aves: Ms. Woodhouse, Mr. Edwards, Mr. Townsend, Mr. Solomon. Chairperson Woodhouse: Opposed? And that motion carries. ******************************* Conditional Sketch Extensions: Pawluczvk, Bertha (Estate of): 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. The parcel is located on the sIsto CR 48 in Peconic. SCTM#1000-84-5-4 Southold Town Planning Board Page Twenty-Seven June 12, 2006 Chairperson Woodhouse: WHEREAS, the Southold 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, 2006 until December 14, 2006. Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Aves: Ms. Woodhouse, Mr. Edwards, Mr. Townsend, Mr. Solomon. Chairperson Woodhouse: Opposed? And that motion carries. ******************************* CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE- SUBDIVISIONS (Lot Line Changes) - STATE ENVIRONMENTAL QUALITY REVIEW ACT Lead Agency Coordination: Nickart Realtv: This proposal is to subdivide a 34,896 sq.ft. parcel into two lots where Lot 1 equals 17,438 sq.ft. and Lot 2 equals 17,438 sq.ft. in the R-40 Zoning District. The property is located on the slslo North Road, approximately 900' wlo Bayberry Lane in Southold. SCTM#1000-52-2-13 Chairperson Woodhouse: WHEREAS, this proposal is to subdivide a 34,896 sq.ft. parcel into two lots where Lot 1 equals 17,438 sq.ft. and Lot 2 equals 17,438 sq.ft. in the R-40 Zoning District.; and WHEREAS, an application for sketch approval was submitted on May 11, 2006; be it therefore RESOLVED, that the Southold Town Planning Board start the SEQR lead agency coordination process for this unlisted action. Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Southold Town Planning Board Page Twenty-Eight June 12,2006 Aves: Ms. Woodhouse, Mr. Edwards, Mr. Townsend, Mr. Solomon. Chairperson Woodhouse: Opposed? And that motion carries. ******************************* Verity. Michael: Proposal is to subdivide a 5.54-acre parcel into five (5) lots, where Lot 1 equals 21,454 square feet, Lot 2 equals 21,593 square feet, Lot 3 equals 25,081 square feet, exclusive of the flag strip, Lot 4 equals 20,477 square feet, exclusive of the flag strip, and Lot 5 equals 146,285 square feet, inclusive of 71,581 square feet of clustered open space. The property is located on the north side of Main Road and the west side of Sound Road in East Marion. SCTM#1000-35-1-4 Ken Edwards: WHEREAS this proposal is to subdivide a 5.54-acre parcel into five (5) lots, where Lot 1 equals 21,454 square feet, Lot 2 equals 21,593 square feet, Lot 3 equals 25,081 square feet, excluding the flag strip, Lot 4 equals 20,477 square feet, excluding the flag strip, and Lot 5 equals 146,285 square feet, inclusive of 71,581 square feet of clustered open space; and WHEREAS, an application for sketch approval was submitted on April 26, 2006 and included the submission of a Yield Plan and Existing Resources and Site Analysis Plan (ERSAP); and WHEREAS, the South old Town Planning Board reviewed the submission at their work session on May 8, 2006 and accepted the Yield Map prepared by David H. Fox, L.S. dated October 18, 2005 depicting a total of five (5) lots; and WHEREAS, the Southold Town Planning Board did not accept the ERSAP at their work session on May 8, 2006 and requested that the map be revised to conform to the requirements pursuant to Section A 106-11 (A) of the Southold Town Code; and WHEREAS, on June 8, 2006, the applicant submitted a revised ERSAP prepared by David H. Fox, L.S. dated October 18, 2005 and last revised on May 16, 2006; be it therefore RESOLVED, that the South old Town Planning Board start the SEQRA lead agency coordination process for this unlisted action; Joe Townsend: Second the motion. Chairperson Woodhouse: All in favor? Aves: Ms. Woodhouse, Mr. Edwards, Mr. Townsend, Mr. Solomon. Chairperson Woodhouse: Opposed? And that motion carries. Southold Town Planning Board Page Twenty-Nine June 12, 2006 Ken Edwards: and be it further RESOLVED, that the Southold Town Planning hereby accepts the Yield Map prepared by David H. Fox, L.S. dated October 18, 2005 and the ERSAP prepared by David H. Fox, L.S. dated October 18, 2005 and last revised on May 16, 2006. Joe Townsend: Second the motion. Chairperson Woodhouse: All in favor? Aves: Ms. Woodhouse, Mr. Edwards, Mr. Townsend, Mr. Solomon. Chairperson Woodhouse: Opposed? And that motion carries. **************************************** SITE PLANS Set Hearings: RWM Enterprises. Inc. (aka Colonial) - This amended site plan proposes to remove one of the five existing buildings and rearrange the 23 existing parking spaces on a 121,355 sq. ft. parcel in the B Zone located on the slw corner of the intersection of Route 25 and Locust Lane on the slslo Route 25 in Southold. SCTM# 1000-62-3-22.1 Joe Townsend: WHEREAS, the amended site plan proposes to remove one of the five existing buildings and rearrange the 23 existing parking spaces on a 121,355 sq. ft. parcel in the B Zone located on the slw corner of the intersection of Route 25 and Locust Lane on the slslo Route 25 in Southold. SCTM# 1000-62-3-22.1; be it therefore RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act (6 NYCRR), Part 617.5@, makes a determination that the proposed action is a Type II and not subject to review; Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Aves: Ms. Woodhouse, Mr. Edwards, Mr. Townsend, Mr. Solomon. Chairperson Woodhouse: Opposed? And that motion carries. Joe Townsend: and be it FURTHER RESOLVED, that the South old Town Planning Board set Monday, July 10, 2006, at 6:05 p.m. for a final public hearing on the maps dated January 11, 2006 and last revised January 30, 2006. Southold Town Planning Board Page Thirty June 12, 2006 Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Aves: Ms. Woodhouse, Mr. Edwards, Mr. Townsend, Mr. Solomon. Chairperson Woodhouse: Opposed? And that motion carries. ************************ SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Type II Actions: Sheren Medical Buildina: This new site plan is for the proposed construction of a 2,940 square foot one-story building for 2 medical offices that requires 15 parking spaces (20 proposed) on a vacant .49-acre parcel in the General Business Zone located on the sIsto Suffolk County Road 48, approximately 1,251' e/o Youngs Avenue in Southold. SCTM #1000-55-5-10 Chairperson Woodhouse: WHEREAS, this new site plan is for the proposed construction of a 2,940 square foot one-story building for 2 medical offices that requires 15 parking spaces (20 proposed) on a vacant .49-acre parcel in the General Business Zone located on the sIsto Suffolk County Road 48, approximately 1,251' e/o Youngs Avenue in Southold. SCTM #1000-55-5-10; be it therefore RESOLVED that the South old 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. Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Aves: Ms. Woodhouse, Mr. Edwards, Mr. Townsend, Mr. Solomon. Chairperson Woodhouse: Opposed? And that motion carries. ************************************** Southold Town Planning Board Page Thirty-One June 12,2006 Unlisted Coordinated Reviews: M&R Developina: This site plan is for construction of a new 7,600 sq. ft. light industrial building divided into eight (8) separate units with six (6) units equaling 1,000 sq. ft. of area each and two (2) units equaling 800 sq. ft. of area each, where site plan build out includes 24 parking spaces on a 40,000 sq. ft. vacant parcel in the LI Zone located approximately 218' slo Corporate Drive on the wlslo Commerce Drive in Cutchogue. SCTM#: 1000-96-1-1.8 Chairperson Woodhouse: WHEREAS, this site plan is for construction of a new 7,600 sq. ft. light industrial building divided into eight (8) separate units with six (6) units equaling 1,000 sq. ft. of area each and two (2) units equaling 800 sq. ft. of area each, where site plan build out includes 24 parking spaces on a 40,000 sq. ft. vacant parcel in the LI Zone located approximately 218' slo Corporate Drive on the wlslo Commerce Drive in Cutchogue. SCTM#1 000-96-1-1.8; be it therefore 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, initiates the SEQR lead agency coordination process for this unlisted action. Joe Townsend: Second the motion. Chairoerson Woodhouse: All in favor? Aves: Ms. Woodhouse, Mr. Edwards, Mr. Townsend, Mr. Solomon. Chairperson Woodhouse: Opposed? And that motion carries. ************************************** Montauk Bus Service: This site plan proposes construction of a new 3,180 sq. ft bus terminal building with site build out that includes 19 employee parking spaces and 16 bus parking spaces on a vacant 1.083-acre parcel in the LI Zone located approximately 417' slo Corporate Drive on the wlslo Commerce Drive known as 115 Commerce Drive in Cutchogue. SCTM# 1000-96-1-1.2 Joe Townsend: WHEREAS, this site plan proposes construction of a new 3,180 sq. ft. bus terminal building with site build out that includes 19 employee parking spaces and 16 bus parking spaces on a vacant 1.083-acre parcel in the LI Zone located approximately 417' slo Corporate Drive on the wlslo Commerce Drive known as 115 Commerce Drive in Cutchogue. SCTM# 1000-96-1-1.2; be it therefore RESOLVED, that the South old Town Planning Board, pursuant to Part 617, Article 6 of the Environmental Conservation Law acting under the State Environmental Quality Review Act, initiates the SEQR lead agency coordination process for this unlisted action. Southold Town Planning Board Page Thirty-Two June 12,2006 OTHER Yield Map & Existing Resources and Site Analysis Plan (ERSAP) Determination 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 s.f., Lot 2 equals 40,436 s.f., Lot 3 equals 40,337 s.f., Lot 4 equals 40,000 s.f. and Lot 5 equals 40,000 s.f. in the R-80 Zoning District. The property is located on the wlslo Paradise Point Road approximately 1,207' slo North Bayview Road in Southold. SCTM#1000-81-2-5 Ken Edwards: WHEREAS this proposal is for a Standard Subdivision to subdivide a 19.825-acre parcel into five lots where Lot 1 equals 40,571 s.f., Lot 2 equals 40,436 s.f., Lot 3 equals 40,337 s.f., Lot 4 equals 40,000 s.f. and Lot 5 equals 40,000 s.f. in the R- 80 Zoning District.; and WHEREAS, an application for sketch approval was submitted on January 30, 2006 and included the submission of a Yield Plan and Existing Resources and Site Analysis Plan (ERSAP); and WHEREAS, the Planning Board reviewed the Yield Map and the Existing Resources and Site Analysis Plan (ERSAP) at several work sessions after the initial submission and required that the maps be revised to conform to the requirements of Sections A106-11(A) and (B) of the Town Code; and WHEREAS, on March 13,2006, the applicant submitted a revised Yield Plan prepared by Joseph A. Ingegno, L.S. dated December 28,2001 and last revised on April 13, 2006, depicting a total of six (6) lots; and WHEREAS, on March 13,2006, the applicant submitted a revised Existing Resources and Site Analysis Plan prepared by Howard W. Young, L.S. dated December 21,2005 and last revised on January 27, 2006; and WHEREAS, the Southold Town Planning Board reviewed the revised Yield Map and ERSAP at their work session on May 8, 2006 and determined that the maps conform to the requirements pursuant to Sections A 106-11 (A) and (B) of the Town Code; be it therefore RESOLVED, that the Southold Town Planning hereby accepts the Yield Map prepared by Joseph A. Ingegno, L.S. dated December 28,2001 and last revised on April 13, 2006 and the ERSAP prepared by Howard W. Young, L.S. dated December 21, 2005 and last revised on January 27,2006 Southold Town Plannina Board Paae Thirtv-Three June 12. 2006 Chairperson Woodhouse:. All those in favor? Aves: Ms. Woodhouse, Mr. Cremers, Mr. Edwards, Mr. Sidor, Mr. Solomon. Chairperson Woodhouse: Opposed? And the motion carries. At this point I will entertain a motion to adjourn the meeting. Ken Edwards: So moved. Chairperson Woodhouse: All in favor? Aves: Ms. Woodhouse, Mr. Cremers, Mr. Edwards, Mr. Sidor, Mr. Solomon. Chairperson Woodhouse: We are adjourned. ********************************** There being no further business to come before the Board, the meeting was adjourned at 7:00 p.m. Respectfully Submitted: ~ Linda Randolph Secretary RECEIV;:O -I-rc-l / .' ";0 fJlYl ft~. j~~~ ~iT.,~,,,,~,'I: SOH7g.-; :n.,'f ' oodhouse, Chairperson