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HomeMy WebLinkAboutPB-08/14/2006 KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND MAIliNG ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE WCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD PUBLIC MEETING MINUTES Monday, August 14, 2006 6:00 p.m. Present were: Jerilyn B. Woodhouse, Chairperson Kenneth L. Edwards, Member Martin H. Sidor, Member George Solomon, Member Mark Terry, Senior Environmental Planner Bruno Semon, Senior Planner Anthony Trezza, Senior Planner Amy Ford, Senior Planner Linda Randolph, Secretary SETTING OF THE NEXT PLANNING BOARD MEETING Chairperson Woodhouse: Good evening and welcome to the August 14th meeting of the South old Town Planning Board. For our first order of business, I'll entertain a motion to set Monday, September 11, 2006 at 6:00 p.m. here at Southold Town Hall, Main Road, Southold, as the time and the place for the next regular Planning Board Meeting. Georqe Solomon: So moved. Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Thank you. Tonight we have a number of public hearings. Everyone will have an opportunity to speak. If you would like to address the Board, please come to either of the microphones, print your name on the piece of paper that's there and speak directly into the microphone so that we can record with your name accurately recorded. Southold Town Planning Board Page Two August 14, 2006 PUBLIC HEARINGS 6:00 p.m. - Mullen Motors: This amended site plan is for a proposed alteration of 14,227 sq. ft. on SCTM#1 000-62-03-22.5 to be used as an automotive dealership on a 44,152 sq. ft. parcel in the B & R-40 Zones located at the s/w intersection of NYS Road 25 and Cottage Place in Southold and on SCTM#'s1000-63-3-22.5, 11 & 24.1 Chairperson Woodhouse: Is there anyone who would like to speak on behalf of this application? Richard Lark: Yes, we've filed all of the plans and, as you know, this had a companion application with RWM Enterprises which was approved by the Planning Board back in May. I've been told that the site plan that you have before you does comply with everything; the only correction and, of course, it is for an amended site plan which this Board granted on March 12, 2001, and this is an amendment to it. It includes basically the same real estate except with the addition of what was Colonial Corners, but we added at 8,000 some odd square feet to the Mullen Realty LP property. The only thing in your notice is, it's all Zone B. That was done by the Town Board back in 2000, so other than that, there's no R-40 Zone, it's all the same zoning, everything. Other than that, unless the Board has any questions, Mr. Mullen is here to answer any specific questions the Board might have. Chairperson Woodhouse: Thank you. Does anyone on the Board have any questions at this time? Is there anyone else who would like to address the Board on this application? Kathv Pulver: I live across the street from Mullen on Cottage Place, and I have a number of concerns: first of all is the appearance of the new building that's going to replace the temporary building. Of course, the issues that concern me are soundproofing, the character of the neighborhood, landscaping. They landscaped last time, but now the cars are parking in front of the landscaping, so that doesn't really help. My second concern really is parking at all during working hours in front of my house on Cottage Place. Cars bearing Mullen service tags sit there for hours and hours, sometimes up to two or three. Also, that results in my property being used as a bit of a garbage dumping ground. I'm always picking up trash, definitely dealership trash, things in the bushes, it's not very nice. Also, the current congestion on Cottage Place is really becoming a problem. Cars are often double parked near the corner, and you can't see, it creates blind spots, you can't see where you're going. Basically, traffic congestion in general and my specific question is where are the exits and entrances going to be, and are there going to be any on Cottage Place? Richard Lark: Mr. Mullen is here, he can address the other ones, I didn't hear all of them, but the one I did hear was the parking and congestion on Cottage Place. The whole purpose of the plan, other than the holder of the dealership, Daimler Chrysler, wanted the thing modernized for all the interior work, is that all work will be done inside the new building. The entrance only will be on Cottage Place, the exit will be in the parking lot in the rear of the building. So there will be, except for stopping and moving into the garage, there should eliminate, I can't speak to all, if somebody stops their car and gets out, I can't do anything about that, but anybody coming for servicing of their cars will not be parking them on Cottage Southold Town Planning Board Page Three August 14, 2006 Place anymore, they'll be parking them on the staging area in the rear, and then they're going to move into the building and be totally worked on in the building and then when they're done, they'll be removed to the parking lot in the rear, so the only time that they'll appear on Cottage Place is when the customer arrives, and the attendant will deliver his or her car to the person. That was one of the principal applications and thought on this whole thing is to get rid of that confusion, congestion on Cottage Place. Now, I didn't hear all of the other ones, if you've got them... Chairperson Woodhouse: It was about landscaping, the appearance of the building, and when those cars come out after service and they're in the back, which way do they exit? Richard Lark: Well, they'll exit out on Cottage Place, but they won't be parked on Cottage Place. OK? They'll go in and go out. They go into the building on Cottage Place and don't come out until they go into the parking lot. Now the landscaping, the State along the show lot where the cars are parked on the west side of Cottage Place, they're working on what plans, that's the State property there, so we don't have a lot of control and they're working on the plantings that will be put there. Right now it's grass and they are working on that because it has to be certain salt-resistant plants. As far as on the Main Road, those plants pretty much have all been put into place except for around the new portion of the building there; that's going to be addressed, and you have that on your plan. What was the other one? Chairperson Woodhouse: The appearance of the building. Richard Lark: Oh. Well that, the renderings have been given to the Architectural Review Committee and as far as, I did not attend, Richard Mullen did. I was away. He said that after they made their modifications and Mullen Realty has complied with it, that's been approved. Is that right, Rich? Richard Mullen: Yes. Richard Lark: That's alii know about that. And I think they're available because the Architectural Review Committee required the elevations. Did I answer all the questions? Kathv Pulver: I'd just like to know exactly where the entrance and exits are on Cottage Place. Richard Lark: Oh. If I could take a moment here, I do have that on the site plan. The entrance is going to be right over here where they're going to go in, and they're going to come out back here, in the rear of the building. See, this is all going to be a new building over here. See the building? They're going to come out over here. They go in over here and they come out over here. Is that right, Rich? Do I have the right spots? Kathv Pulver: So this is a temporary... Richard Lark: Well, the temporary building is gone. Kathv Pulver: Right, but this is where the temporary building... Southold Town Planning Board Page Four August 14, 2006 Richard Lark: It's back here. Kathy Pulver: Oh, back here. Richard Lark: Yes, ma'am. It's back here. Kathy Pulver: And there won't be any... Richard Lark: They come out this way, to the rear, to the south. Does that answer your question? Kathy Pulver: Yes, it does. Thank you. Chairperson Woodhouse: Is there anyone else who would like to address the Board on this application? I will entertain a motion to close this hearing. Martin Sidor: So moved. Georqe Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. Ken Edwards: WHEREAS, the amended site plan is for a proposed alteration of 14,227 sq. ft. on SCTM#1 000-62-03-22.5 to be used as an automotive dealership on a 44,152 sq. ft. parcel in the B & R-40 Zones; and WHEREAS, Mullen Realty, LP and RWM Enterprises, Inc., is the owner of the property located on the s/w intersection of NYS Road 25 (Main Road) and Cottage Place in Southold and, on SCTM#1000-63-3-22.5, 11 & 24.1; and WHEREAS, on March 12, 2001, the Southold Town Planning Board approved a site plan for Mullen Motors on SCTM#1 000-63-3-22.1, 24.1, 19 & 11; and WHEREAS, on August 26,2004, the agent, Richard F. Lark, Esq., submitted a formal amended site plan for approval; and WHEREAS, on November 4, 2004, the Southold Town Zoning Board of Appeals granted a Variance described under Appeal Number 5598 & 5599 as applied for; and WHEREAS, on January 4, 2005, the Architectural Review Committee reviewed the associated amended site plan materials and endorsed the concept that was presented and the Southold Town Planning Board accepted the endorsement; and Southold Town Planning Board Page Five August 14, 2006 WHEREAS, on January 11, 2005, the Southold Town Planning Board, acting under the State Environmental Quality Review Act, pursuant to 6 NYCRR Part 617, made a determination that the proposed action is an Unlisted Action and initiated the lead agency coordination process; and WHEREAS, on February 15, 2005, the South old Town Planning Board, acting under the State Environmental Quality Review Act, performed a coordinated review of the Unlisted Action. The Planning Board established itself as lead agency, and as lead agency, made a determination of non-significance and granted a Negative Declaration; and WHEREAS, on June 8, 2005, the New York State Department of Transportation reviewed an application for a highway work permit and issued a permit under case number 10-05-193; and WHEREAS, on February 28,2006, the agent, Richard F. Lark, Esq., submitted a revised amended site plan application for approval; and WHEREAS, on March 21, 2006, 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 May 31,2006, the Southold Town Engineer reviewed the amended site plan materials and approved the proposed drainage and the Planning Board accepts his approval; and WHEREAS, on June 14,2006, the South old Fire District reviewed and approved the amended site plan and the Planning Board accepts the approval; and WHEREAS, on July 5, 2006, the Southold Town Building Inspector reviewed and certified the amended site plan for "Motor Vehicle Lot, Vehicle Sales and Accessory Repair Facilities" use and the Planning Board accepts the certification for approval; and WHEREAS, on July 13, 2006, the Architectural Review Committee reviewed the associated amended site plan materials and approved contingent upon more information regarding lighting, catalog cuts, building texture, seams and materials and Southold Town Planning Board accepted this approval; and WHEREAS, on August 14, 2006, the LWRP Coordinator reviewed the action and recommended that "the proposed action is generally consistent with the Policy Standards and therefore is consistent with the LWRP; and WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has received affidavits that the applicant has complied with the notification provisions; and WHEREAS, the following items shall be required: 1. The owner agrees to be bound by all of the requirements of the cross easement agreement dated February th, 2006 as approved by the Southold Town Planning Board. Southold Town Planning Board Page Six August 14, 2006 2. The owner agrees to the Planning Board waiving the parking requirements to that limited extent in consideration of the applicants' proposed landscaping and proposed installation of the cross easement to the property on the east side as noted on the amended site plan. The Planning Board reviewed the proposed amended site plan change as less intensified from the existing 2001 approved site plan with the provided parking increasing from 41 spaces to 84 spaces on this approval. 3. 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. 4. All signs shall meet Southold Town Zoning Codes and shall be subject to the approval of the Southold Town Building Inspector. 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; Chairperson Woodhouse: Second. All in favor? Ayes. Ken Edwards: 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; Martin Sidor: Second. Chairperson Woodhouse: All in favor? Ayes. 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 South old Local Waterfront Revitalization Program and has determined that the action is consistent provided that the best management practices are implemented as outlined in the August 14, 2006 memo prepared by the LWRP Coordinator; Martin Sidor: Second. Chairperson Woodhouse: All in favor? Southold Town Planning Board Page Seven August 14, 2006 Ayes. Ken Edwards: and be it further RESOLVED, that the South old Town Planning Board grant approval on the Amended site plan prepared and certified by John T Metzger, Land Surveyor dated November 23,2004 and last revised February 27,2006 and the building plans prepared by William Medlow, AlA labeled SP-2, SP-3, &SP-4 and authorize the Chairperson to endorse the final amended site plan with the following conditions: 1. The applicant/agent/owner agrees to file and record within sixty (60) days the executed Cross Easement Agreement dated February th, 2006 as approved by the Southold 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 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 Southold Town Planning Department for review. 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. 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 05-193 prior to, during and after construction on the site. 4. The applicant/agent/owner agrees to submit the information for review by the Architectural Review Committee regarding lighting, catalog cuts, building texture, seams and materials prior to installation for comments. 5. The amended 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. 6. 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. 7. If the as-built site improvements vary from the approved site plan, the Planning Board reserves the right to request a certified as-built amended site plan detailing all the changes. 8. 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. Southold Town Planning Board Page Eight August 14, 2006 9. The Planning Board will issue a final amended 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. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? And that motion carries. Thank you. ********************************* 6:05 p.m. - 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' south of Corporate Drive on the west side of Commerce Drive known as 115 Commerce Drive in Cutchogue. SCTM #1000-96-1-1.2 Chairperson Woodhouse: There is someone here to speak on behalf of this application. Jim Delucca: I am the architect for the job. I do have a letter to submit to the Board from the School District showing they are in favor of the bus, the location for storage of the bus, and I also have the... Basically at this point, we have provided all the required information that the Planning Department wanted. At this time, we also have our papers submitted to the Health Department, we did get a non-jurisdiction letter from Suffolk County Department of Public Works, and we also have ARC approval, and we have the Fire Department approval, and at this point I will answer any questions that the Board may have. Chairperson Woodhouse: Thank you. No questions from the Board at this point. Is there anyone else who would like to address the Board on this application? Hearing none, I will entertain a motion to close this hearing. Ken Edwards: So moved. Georqe Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. Martin Sidor: 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; and WHEREAS, Tide Group, is the owner of the property located approximately 417' slo Corporate Drive on the swlslo Commerce Drive known as 115 Commerce Drive in Cutchogue. SCTM# 1000- 96-1-1.2; and Southold Town Planning Board Page Nine August 14, 2006 WHEREAS, on December 1, 2005, the Southold Town Zoning Board of Appeals granted Special Exception Variance described under Appeal Number 5778 as applied for; and WHEREAS, on March 31, 2006, the agent, James V. De Lucca, R.A., submitted a formal amended site plan for approval; and WHEREAS, on June 13, 2006, the Southold Town Planning Board, acting under the State Environmental Quality Review Act, pursuant to 6 NYCRR Part 617, made a determination that the proposed action is an Unlisted Action and initiated the lead agency coordination process; and WHEREAS, on June 19, 2006, the Suffolk County Department of Public Works reviewed an application for a highway work permit and issued a approval indicating a permit will not be required and the Planning Boards accepts this for approval; and WHEREAS, on June 21, 2006, 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 July 11, 2006, the Southold Town Planning Board, acting under the State Environmental Quality Review Act, performed a coordinated review of the Unlisted Action. The Planning Board established itself as lead agency, and as lead agency, made a determination of non-significance and granted a Negative Declaration; and WHEREAS, on July 11, 2006, the Southold Town Engineer reviewed the 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, on July 14, 2006, the Southold Town Building Inspector reviewed and certified the site plan for "Bus Terminal" use and the Planning Board accepts the certification for approval; and WHEREAS, on July 13, 2006, the Architectural Review Committee reviewed the associated site plan materials and conditionally approved the sketch plan dated July 12, 2006 as noted and indicating a drawing will need to be submitted for the file and South old Town Planning Board accepted this approval; and WHEREAS, on July 31,2006, the LWRP Coordinator reviewed the action and recommended that "the proposed action is generally consistent with the Policy Standards and therefore is consistent with the LWRP; and WHEREAS, on August 13, 2006, the Cutchogue Fire District reviewed and approved the site plan and the Planning Board accepts the 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 Southold Town Planning Board Page Ten August 14, 2006 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. 2. All signs shall meet Southold Town Zoning Codes and shall be subject to the approval of the Southold Town Building Inspector. 3. 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; Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Thank you. 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 are implemented as outlined in the July 31, 2006 memo prepared by the LWRP Coordinator; Georqe Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: The motion carries. Martin Sidor: and be it further RESOLVED, that the Southold Town Planning Board grant approval on the site plan prepared and certified by both Joseph A, Ingegno, Land Surveyor, and James V. DeLucca, Registered Architect, dated March 25 2005, and last revised July 19, 2006, and the building plan prepared by James V. DeLucca, R.A. and authorize the Chairperson to endorse the final site plan with the following conditions: Southold Town Planning Board Page Eleven August 14,2006 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 Southold Town Planning Department for review. 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 agrees to not utilize the existing 50' non disturbance buffer and will not have any construction occur in such area as shown on the site plan. 3. 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. 4. The applicant must obtain the required approval or permit from the New York State Department of Agriculture and Markets for the construction activities. 5. 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. 6. 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. 7. If the as-built site improvements vary from the approved site plan, the Planning Board reserves the right to request a certified as-built amended site plan detailing all the changes. 8. 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. 9. The Planning Board will issue a final amended 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. 10. The site improvements are found to be in conformance with the approved site plan. Joe Townsend: Second. Chairoerson Woodhouse: All in favor? Ayes. Chairoerson Woodhouse: Opposed? That motion carries. Thank you. ********************************* Southold Town Planning Board Page Twelve August 14, 2006 6:10 D.m. - M&R DeveloDina: 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 Jim Delucca: I am the architect of the job. At the present time, we have supplied all the Planning Department required information. We have the Architectural Review Committee approval, we also have Health Department approval at this time, we have a letter of non- jurisdiction from the County Department of Public Works, and that's about it. Any questions that the Board may have, I'll be more than happy to answer. I might add we also addressed the issues of parking, in other words, on the plan you'll see we did allocate certain area for a certain amount of parking so we would meet the required formula per your Town Code, and also we are addressing the retaining wall issue, and I believe that's it. Chairperson Woodhouse: Is there anybody else who would like to speak? I will entertain a motion to close this hearing. Ken Edwards: So moved. Georoe Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Thank you. Georoe Solomon: 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; and WHEREAS, Tide Group, is the owner of the property located approximately 218' slo Corporate Drive on the wlslo Commerce Drive in Cutchogue. SCTM#: 1000-96-1-1.8; and WHEREAS, on March 31, 2006, the agent, James V. De lucca, RA, submitted a formal amended site plan for approval; and WHEREAS, on June 13,2006, the Southold Town Planning Board, acting under the State Environmental Quality Review Act, pursuant to 6 NYCRR Part 617, made a determination that the proposed action is an Unlisted Action and initiated the lead agency coordination process; and Southold Town Planning Board Page Thirteen August 14, 2006 WHEREAS, on June 20, 2006, the Suffolk County Department of Public Works reviewed an application for a highway work permit and issued a approval indicating a permit will not be required and the Planning Boards accepts this for approval; and WHEREAS, on June 21, 2006, 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 July 7, 2006, the LWRP Coordinator reviewed the action and recommended that "the proposed action is generally consistent with the Policy Standards and therefore is consistent with the LWRP; and WHEREAS, on July 11,2006, the Southold Town Planning Board, acting under the State Environmental Quality Review Act, performed a coordinated review of the Unlisted Action. The Planning Board established itself as lead agency, and as lead agency, made a determination of non-significance and granted a Negative Declaration; and WHEREAS, on July 13, 2006, the Architectural Review Committee reviewed the associated site plan materials and conditionally approved the sketch plan dated July 10, 2006 as noted and indicating a drawing will need to be submitted for the file and Southold Town Planning Board accepted this approval; and WHEREAS, on July 14, 2006, the Southold Town Building Inspector reviewed and certified the site plan for "Light Industrial Building" use and the Planning Board accepts the certification for approval; and WHEREAS, on August 7,2006, the Southold Town Engineer reviewed the 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, on August 13, 2006, the Cutchogue Fire District reviewed and approved the site plan and the Planning Board accepts the 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: 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 Fourteen August 14,2006 2. All signs shall meet South old Town Zoning Codes and shall be subject to the approval of the Southold Town Building Inspector. 3. 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; Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? Please continue. Georqe 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 Southold Local Waterfront Revitalization Program and has determined that the action is consistent provided that the best management practices are implemented as outlined in the July 31,2006 memo prepared by the LWRP Coordinator; Joe Townsend: Second. Chairperson Woodhouse: All in favor? Ayes. Georqe Solomon: and be it further RESOLVED, that the Southold Town Planning Board grant approval on the site plan prepared and certified by both Joseph A, Ingegno, Land Surveyor and James V. DeLucca, Registered Architect dated July 19, 2005, and last revised July 14, 2006 and the building plan prepared by James V. DeLucca, R.A. 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 Southold Town Planning Department for review. 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 agrees to not utilize the existing 50' non disturbance buffer and will not have any construction occur in such area as shown on the site plan. Southold Town Planning Board Page Fifteen August 14,2006 3. 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. 4. The applicant must obtain the required approval or permit from the New York State Department of Agriculture and Markets for the construction activities. 5. 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. 6. 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. 7. If the as-built site improvements vary from the approved site plan, the Planning Board reserves the right to request a certified as-built amended site plan detailing all the changes. 8. 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. 9. The Planning Board will issue a final amended 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. Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Thank you. Jim Delucca: Thank you very much. Chairperson Woodhouse: You're welcome. ************************************************** 6:15 p.m. - Savits, Barrv: This proposal is to subdivide a 12.454 acre parcel into three lots, where lot 1 equals 1.23 acres, lot 2 equals 1.034 acres and lot 3 equals 10.19 acres, inclusive of a .73-acre building envelope and 7.854 acres of subdivision open space. The property is located on the east side of Sound View Avenue, approximately 932 feet north of Mill Road in Peconic. SCTM# 1000-68-4-16.1 Southold Town Planning Board Page Sixteen August 14,2006 Chairperson Woodhouse: Is there anyone here who would like to speak on behalf of this application? Garv Olsen: I am the attorney for the applicant, Barry Savits, in connection with his three-lot subdivision. The property involved is a 12.454-acre parcel to be divided into 3 lots: Lot 1 equals 1.23 acres, Lot 2 equals 1.034 acres, and Lot 3, which is currently improved with the applicant's residence, equals 10.19 acres inclusive of a .73-acre building envelope and 7.854 acres of subdivision open space. This subdivision has been before the Planning Board for many years in several forms. It did receive preliminary approval in basically its current form from the Planning Board and the Suffolk County Health Department prior to the moratorium. After the moratorium was over, the application was revitalized and, after making changes to the map as requested by the Planning Board, sketch plan approval from the Planning Board was granted on April 10, 2006. At its meeting on July 10, 2006, the Planning Board established itself as Lead Agency under the State Environmental Quality Act. The Planning Board determined that there would be no substantial adverse change in existing air quality, ground or surface water quality, traffic or noise levels, no substantial increase in solid waste production, potential of erosion, flooding, leaching or drainage problems. The proposed subdivision increases the density by only two residential lots, and includes the perpetual preservation of 60% of the buildable land. The proposed subdivision will result in fewer lots than what is permitted at full density development. To the contrary, the project will maximize the space potential of the parcel by permanently preserving over 60% of the buildable land as pointed out by the Planning Board at its meeting on July 10, 2006. Covenants and Restrictions have been prepared by direction of the Planning Board and forwarded to the Planning Board. After several revisions, the final revised Declaration of Covenants & Restrictions was approved by Anthony Trezza, Senior Planner of the Planning Board office by fax on August 11, 2006. Furthermore, as required, the applicant will be filing an agricultural easement for the open space pursuant to Section A 1 06-49c of the Southold Town Code. A non-jurisdiction letter has been received from the Southold Town Trustees by letter of May 4, 2006, and I am waiting for a non-jurisdiction letter from the DEC. In consideration of the long history of this subdivision application, and taking into consideration that the final proposed subdivision only increases the density by two residential lots, preserves over 60% of the buildable land, and results in fewer lots than what is permitted at full density development, and due to the fact that the proposed subdivision will not impair the character of the existing community or neighborhood and will have no significant impact on a habitat area or natural resources, it is respectfully requested that the Planning Board grant preliminary approval of the maps prepared by Stanley J. Isaksen, Land Surveyor, dated August 12,1999 and last revised April 24, 2006. Thank you. Chairperson Woodhouse: You're welcome. Is there anyone else who would like to speak on this application? I will entertain a motion to close this hearing. Georqe Solomon: So moved. Martin Sidor: Second. Chairperson Woodhouse: All in favor? Southold Town Planning Board Page Seventeen August 14, 2006 Ayes. Ken Edwards: WHEREAS, this proposal is to subdivide a 12.454 acre parcel into three lots, where Lot 1 equals 1.23 acres, Lot 2 equals 1.034 acres and Lot 3 equals 10.19 acres, inclusive of a .73-acre building envelope and 7.854 acres of subdivision open space; and WHEREAS, on April 10, 2006, the South old Town Planning Board granted conditional sketch approval upon the map prepared by Stanley J. Isaksen, L.S. dated August 12,1999 and last revised November 3, 2005; and WHEREAS, on July 10, 2006, the South old Town Planning Board designated itself as lead agency for this unlisted action and granted a Negative Declaration pursuant to SEQRA; and WHEREAS, on April 27, 2006, the applicant submitted the preliminary map prepared by Stanley J. Isaksen, L.S. dated August 12, 1999 and last revised April 24, 2006; and WHEREAS, on July 13, 2006, the applicant submitted a revised draft copy of the Declaration of Covenants and Restrictions with the changes as required by the Planning Board; and WHEREAS, on July 18, 2006, the applicant submitted an Application for Preliminary Plat Approval along with a revised map prepared by Stanley J. Isaksen, L.S. dated August 12, 1999 and last revised July 18, 2006; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants Preliminary Plat Approval on the map prepared by Stanley J. Isaksen, L.S. dated August 12,1999 and last revised July 18,2006, subject to the following conditions: 1. Submission of the application and fee for Final Plat Approval. 2. Submission of the final maps (eight (8) paper prints and five (5) mylars) containing the Health Department stamp of approval. 3. Submission of a Freshwater Wetlands Permit or letter of non-jurisdiction from the NYSDEC. 4. Submission of a draft Agricultural Easement for the open space area pursuant to 9240-44(c) of the Town Code. This document will be reviewed by the Planning Board and referred to the Town Attorney for approval. 5. Submission of a copy of the recorded Declaration of Covenants and Restrictions. 6. Submission of the park and playground fee in the amount of $14,000 ($7,000 per new lot created). Chairperson Woodhouse: Thank you. Georae Solomon: Second. Chairperson Woodhouse: All in favor? Aves. Southold Town Planning Board Page Eighteen August 14, 2006 Chairperson Woodhouse: The motion carries. Thank you. ***************************** 6:20 p.m. - Sullivan, Carol: This proposal is to subdivide a 9.33-acre parcel into two lots where Lot 1 equals 8.87 acres and Lot 2 equals .46 acre in the R-40 and R-80 Zoning Districts. The property is located on the south side of Sound Avenue, approximately 799' west of Factory Avenue in Mattituck. SCTM#1000-122-2-24.1 Chairperson Woodhouse: Is there someone who would like to speak on behalf of this application? William Lohn: Suffolk Environmental Consulting on behalf of the applicant. It's a very straightforward application; there are only a couple of things I would like to add. What we are doing is drawing a lot line around an existing dwelling save the upgrade of the septic system, it's a health department requirement, there's no other construction proposed. The grapevines will remain as they are now. I'm here to answer any questions the Board has. Chairperson Woodhouse: Thank you. OK. Does anyone have any questions on the Board? No. Is there anyone else who would like to speak on this application? OK. Hearing none, I will entertain a motion to close this hearing. Georqe Solomon: So moved. Martin Sidor: Second. Chairperson Woodhouse: All in favor? Aves Ken Edwards: WHEREAS, this proposal is to subdivide a 9.33-acre parcel into two lots where Lot 1 equals 8.87 acres and Lot 2 equals .46 acre in the R-40 and R-80 Zoning Districts; and WHEREAS, on February 13, 2006, the Southold Town Planning Board granted conditional sketch approval upon the map prepared by John C. Ehlers, L.S. dated June 3, 2005 and last revised September 15, 2005; and WHEREAS, on April 10, 2006, the Southold Town Planning Board designated itself as lead agency for this unlisted action and granted a Negative Declaration pursuant to SEQRA; and WHEREAS, on June 28, 2006, the applicant submitted an Application for Preliminary Plat Approval, application fee, a draft copy of the Declaration of Covenants and Restrictions, and the preliminary map prepared by John C. Ehlers, L.S. dated June 3, 2005 and last revised June 26, 2006; be it therefore Southold Town Planning Board Page Nineteen August 14, 2006 RESOLVED, that the Southold Town Planning Board hereby grants Preliminary Plat Approval on the map prepared by John C. Ehlers, L.S. dated June 3, 2005 and last revised June 26, 2006, subject to the following conditions: 1. Submission of the application and fee for Final Plat Approval. 2. Submission of the final maps (eight (8) paper prints and five (5) mylars) containing the Health Department stamp of approval. 3. Submission of the LWRP Coastal Consistency Review Form. 4. Submission of a copy of the revised Declaration of Covenants and Restrictions for review by the Planning Board and the Town Attorney. Upon approval, the revised covenants must be filed in the Office of the County Clerk and a copy of same submitted to this office. 5. Submission of the Park and Playground Fee in the amount of $7,000. Georqe Solomon: Second. Chairperson Woodhouse: All in favor? Ayes Chairperson Woodhouse: Opposed? And this motion carries. Thank you. William Lohn: Thank you very much. ********************************** Hearings Held Over From Previous Meetings: The Cottaaes at Mattituck: This proposal is to subdivide a 7.4-acre parcel into 22 lots for an affordable housing development, where the lots range in size from 8,000 square feet to 15,817 square feet in the Affordable Housing District. The property is located on the south side of Sound Avenue and the west side of Factory Avenue in Mattituck. SCTM# 122-2-23.1 Chairperson Woodhouse: Is there anyone here who would like to speak on this project? Does the Board have any questions on this project? OK. Hearing no questions, and no one wanting to speak, I will entertain a motion to close this hearing. Ken Edwards: So moved. Georqe Solomon: Second. Chairperson Woodhouse: All in favor? Ayes Chairperson Woodhouse: And this motion carries. Southold Town Planning Board Page Twenty August 14, 2006 Chairperson Woodhouse: WHEREAS, this proposal is for a Standard Subdivision to subdivide a 7.4-acre parcel into 22 lots for an affordable housing development, where the lots range in size from 8,000 square feet to 15,817 square feet, in the Affordable Housing District; and WHEREAS, the applicant is the Community Development Corporation of Long Island, a not for profit organization seeking to develop the subject property for affordable housing pursuant to Article VI, Affordable Housing District, of the Town Code, and in accordance with the Town's goal of addressing the housing needs of its local residents; and WHEREAS, by Resolution No. 2005-762 (December 6,2005), the Town Board agreed to consider a change of zone on its own motion and authorized the Supervisor to retain the services of Cleary Consulting to perform a SEQRA review for the proposed project; and WHEREAS, on December 27,2005 the applicant submitted a Yield Map, prepared by Victor Bert, P.E. of Nelson and Pope, dated October 24,2005; a Health Department Yield Map, prepared by Victor Bert, P.E. of Nelson and Pope, dated November 16, 2005; and a Sketch Plan, prepared by Victor Bert, P.E. of Nelson and Pope, dated October 31,2005; and WHEREAS, by Resolution No. 2006-140 (January 17, 2006), the Town Board designated its intention to serve as Lead Agency for the SEQRA Coordinated Review of this Action, and directed the Lead Agency Notification to be circulated, along with the Environmental Assessment Form, to all involved agencies; and WHEREAS, by Resolution No. 2006-142 (January 17, 2006), the Town Board authorized the Planning Board to begin the sketch application process for this project upon submission of the sketch application and reduced fee in the amount of $1 ,000; and WHEREAS, an application for sketch approval was submitted to the Southold Town Planning Board on January 12, 2006 and the fee in the amount of $1 ,000 on January 31,2006; and WHEREAS, the Town Board held a public hearing for the change of zone application on January 31,2006; and WHEREAS, it was determined that this project will require the transfer of Sanitary Flow Credits pursuant to Chapter 117 of the Southold Town Code; and WHEREAS, an Application for the Transfer of Sanitary Flow Credits was submitted to the Town Clerk's Office on March 3, 2006; and WHEREAS, on March 13,2006 the Southold Town Planning Board granted Conditional Sketch Approval upon the map prepared by Victor Bert, P.E. of Nelson and Pope, dated October 31,2005; and Southold Town Planning Board Page Twenty-One August 14, 2006 WHEREAS, pursuant to Section 280-28(B) of the Southold Town Code, the applicant petitioned the Planning Board to reduce the lot dimension requirements for several lots on the Yield Map prepared by Victor Bert, P.E. of Nelson and Pope, dated October 24,2005, in order to obtain a yield of 24 lots; and WHEREAS, on March 24, 2006, the applicant submitted a second Yield Plan, prepared by Victor Bert, P.E. of Nelson and Pope, dated October 24,2005 and last revised on March 22, 2006, that depicts a total of 22 lots, all of which conform to all of the bulk schedule requirements pursuant to Section 280-28(A), Bulk, area and parking regulations, of the Southold Town Code; and WHEREAS, on March 27, 2006, the Southold Town Planning Board held a public hearing for the relief requested by the applicant on the Yield Map to create 24 lots by varying the lot width and lot depth requirements; and WHEREAS, in consideration of the density concerns raised by the Town and because the applicant demonstrated that the parcel has an as-of-right yield of 22 lots, all of which conform to the bulk schedule requirements pursuant to Section 280-28(A) of the Town Code, the petition to vary the lot width and depth requirements on the 24-lot Yield Plan was withdrawn by the applicant and the public hearing rendered null and void; and WHEREAS, by Resolution #2006-238, the South old Town Board designated itself as Lead Agency and issued a Negative Declaration for the Type I Action, pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law; and WHEREAS, by Resolution #2006-339, the Southold Town Board approved the change of zone from R-80 to Affordable Housing District; and WHEREAS, by Resolution #2006-340, the Southold Town Board approved the transfer of ten (10) sanitary flow credits from the Town TDR Bank to the Community Development Corporation of Long Island for its proposed development of 22 single-family homes; and WHEREAS, on June 6, 2006, the applicant submitted an Application for Preliminary Plat Approval along with the fee in the amount of $1000; and WHEREAS, on June 12, 2006, the applicant submitted a revised preliminary subdivision map prepared by Victor Bert, P.E. of Nelson and Pope, dated May 31,2006 and last revised on June 1, 2006; and WHEREAS, the Southold Town Planning Board has been petitioned to reduce and/or amend yard setback requirements, lot dimensions requirements and highway specifications on the preliminary map prepared by Victor Bert, P.E. of Nelson and Pope, dated May 31,2006 and last revised on June 1, 2006 pursuant to Section 280-28(B) of the Southold Town Code, as follows: Southold Town Planning Board Page Twenty-Two August 14, 2006 a. Lot 1: reduce the front year setback from 35' to 20' b. Lots 2,3 & 4: reduce the lot width from 80' to 60' c. Lot 5: reduce the lot width from 80' to 61.75' d. Lot 6: reduce the lot width from 80' to 72.24' e. Lot 8: reduce the lot width from 80' to 73.40' f. Lot 9: reduce the lot width from 80' to 60.60' g. Lot 11: reduce the lot width from 80' to 62.08' h. Lot 12: reduce the lot width from 80' to 69.73' i. Lot 13: reduce the lot width from 80' to 64.12' j. Lot 14: reduce the lot width from 80' to 66.59' k. Lot 15: reduce the lot width from 80' to 65.50' I. Lot 16: reduce the lot width from 80' to 64.50' m. Lot 17: reduce the lot width from 80' to 62.04' n. Lots 18 & 19: reduce the lot width from 80' to 60' o. Lot 20: reduce the lot width from 80' to 61.65' p. Lot 21: reduce the lot width from 80' to 72.18' q. Lot 21: reduce the lot width from 80' to 68.32'; and WHEREAS, on June 29, 2006, the Southold Town Planning Board received a letter dated June 28, 2006 from the Mattituck fire District containing the following comments/recommendations: 1. That the right-of-way shown at the southern end of the development between the end of the proposed road and Factory Avenue, labeled "pedestrian and emergency access" be maintained year long with the ability to sustain the entrance and egress of emergency vehicles should an emergency develop that would prevent access from Sound Avenue. 2. If Suffolk County does not install a water main, the Mattituck Fire District should have the opportunity to re-review this subdivision with recommendations for fire wells. 3. The Mattituck Fire District be contacted prior to Suffolk County Water Authority main installation to have the ability to locate fire hydrants within the development, due to the closeness of the structures; and WHEREAS, on July 14, 2006, the Southold Town Planning Board received a second letter from the Mattituck Fire District recommending that two (2) new hydrants be located on the proposed road, with the first located approximately 550' from the intersection of Sound Avenue and the second located at the end of the road close to the "emergency access; and WHEREAS. on July 18, 2006, the South old Town Planning Board received a report from the Office of the Town Engineer containing the following comments and/or recommendations: 1. Drainage calculations have been provided and they are satisfactory. South old Town Planning Board Page Twenty-Three August 14, 2006 2. Section 161-34 indicates that a maximum distance flow in roadway gutters for subdivision pavements before a catch basin is required shall not exceed 350 feet. Therefore, two additional catch basins will be required at station 8+50 to meet this requirement. 3. Test hole #4 is located in the recharge basin and indicates groundwater at elevation 9.8'. The bottom elevation of the recharge basin is proposed at elevation 6'. Is the information in the test hole accurate? If it is, the basin will need to be redesigned. The bottom elevation of the basin should be a minimum of 2' above the water table during the spring wet season. 4. A detailed plan of the headwall section and/or rip-rap spillway should be indicated on the plan. 5. A note indicates that the recharge basin will have a 6' high chain link fence with barbed wire. The barbed wire should be eliminated from the proposed fencing. 6. Screen plating has not been indicated or provided around the perimeter of the recharge basin and street trees have not been shown. Is the Planning Board going to waive this requirement? 7. The proposed easterly offset of the pavement at the entrance to the subdivision is excessive. Mr. Harris would like to center a 28' road section on the 270+/- stretch of road and reduce the width to the approved 24' section by holding the easterly edge of pavement fixed. This would leave the easterly shoulder approximately ten feet (10') wide and the westerly shoulder would be approximately fourteen feet (14') wide. This item should be amended. 8. As per the Highway Superintendent and due to the narrow widths between property lines, the typical road section should indicate the mountable curb section. This item should be amended. 9. Section 245-45.B.5(c) read: All residential cul-de-sacs shall have a turnaround at the end of the street which shall have a right-of-way radius of 50 feet. The curb at the turn shall have a minimum radius of 44 feet. This item should be amended. 10. The proposed front yard for lot #1 is indicated in the table as 20'. The proposed rear yard for lot #1 is indicated in the table as 35'. The building envelop drawn on the plan shows a 45' rear yard. If this envelop, as drawn, is large enough for the building footprint, I would recommend sliding the footprint back ten feet to provide a 30' front yard rather than the 20' as proposed. 11. The 20' non-disturbance. vegetated buffer adjacent to Factory Avenue extends in front of the proposed pedestrian and emergency access. This buffer should stop before this access way begins. Southold Town Planning Board Page Twenty-Four August 14,2006 12. The cross section or proposed construction of the emergency access should be noted or indicated on the plan. In addition, will the Planning Board require a gated entrance to this emergency access way? Lot #10 should be prohibited from direct access to Factory Avenue at all times. 13. Street lighting should be provided to meet the minimum requirements of the Code. See Section 161-46; and WHEREAS, on July 31,2006, the Southold Town Planning Board received comments from the Suffolk County Planning Commission indicating that the subdivision application "is considered to be a matter for local determination"; and WHEREAS, on July 31,2006, the Southold Town Planning Board received the LWRP Coastal Consistency Review and discussed same at their work session on July 31,2006; be it therefore RESOLVED, that the Southold Town Planning Board accepts the Fire District's comments and shall require that the pedestrian and emergency access be maintained year long with the ability to sustain the entrance and egress of emergency vehicles and that two (2) new hydrants be located on the proposed road, with the first located approximately 550' from the intersection of Sound Avenue and the second located at the end of the road close to the "emergency access. Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: And be it further RESOLVED, that the Southold Town Planning Board hereby accepts the Engineer's report and shall require the subdivision map to be amended accordingly, with the exception of item #10, which will not be required by the Planning Board; Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: And be it further RESOLVED, that the Southold Town Planning Board finds that the proposed project is consistent with the Town's Local Waterfront Revitalization Program and agrees with recommendations 1 and 2 from the report and shall require that they are incorporated into the covenants and restrictions; Ken Edwards: Second the motion. Southold Town Planning Board Page Twenty-Five August 14, 2006 Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: And be it further RESOLVED, that consideration of the proposed buffer areas and the small size of the lots, the clearing restrictions pursuant to Section 240- 49(C) of the Town Code are hereby waived, except that clearing within the buffer areas is prohibited; Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: And be it further RESOLVED, that the Planning Board hereby clusters the lots on the subdivision map pursuant to Section 240-42(D) of the Town Code; Georae Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: And be it further RESOLVED, that the Southold Town Planning Board hereby grant the requested relief on the map prepared by Victor Bert, P.E. of Nelson and Pope dated May 31, 2006 and last revised on June 1, 2006, pursuant to Section 280- 28(B) of the Southold Town Code, based on the following: 1. The relief. as cranted. will not create an undesirable chance in the character of the neiahborhood or be detrimental to nearbv properties. There are a number of existing narrow lots along Sound Avenue and Factory Avenue. This development is a first step in addressing the affordable housing needs of the Town and will provide a public benefit to the both the surrounding neighborhood and the Town as a whole. 2. The benefit souaht bv the applicant cannot be achieved bv some other method, other than the variance souaht. In order to maximize the buffer areas to adjacent properties while providing adequate room for the construction of the homes, the reduction of the dimensional requirements is necessary. 3. The variances souaht are not substantial. Based on all of the lot width dimensions shown on the map, the average lot width for this subdivision is 77', where 80' is the minimum required. Southold Town Planning Board Page Twenty-Six August 14, 2006 4. The variances will not have an adverse effect or impact on the phvsical or environmental conditions in the neiahborhood or district. The environmental review for this project was based on a total of 22 lots. The reduction in the dimensional requirements will not result in an increase in density and therefore is not expected to change the environmental impacts. In addition, the lot configuration mitigates the potential visual impacts of the development to adjacent property owners. 5. The difficultv was not self-created. The design of this site has been an on-going effort between the Town of Southold and the Community Development Corporation of Long Island. In working with the applicant, the Planning Board felt it was necessary to provide as much protection to the adjacent property owners by way of vegetated buffers. In doing so, the design of the site requires the reduction of lot width for a number of lots and a reduction in the front yard setback for lot 1 ; Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: And be it further RESOLVED, that the Southold Town Planning Board hereby grants Preliminary Plat Approval upon the map prepared by Victor Bert, P.E. of Nelson and Pope, dated May 31,2006 and last revised on June 1,2006, subject to the following conditions: 1) Submission of the application and fee for Final Plat Approval. 2) Submission of the final subdivision map, with the following revisions: a) The title of the map shall read "Final Subdivision Plan for the Cottages at Mattituck. " b) Indicate which areas are proposed to be dedicated to the Town of Southold. c) Add a note to the map which states that "the clearing of any vegetation within the non-disturbance vegetated buffers on this map is prohibited" and that "these areas shall remain in their natural state and free of structures. " d) Add a note to the map which states that "this subdivision is subject to the provisions of Article VI, Affordable Housing District, of the Southold Town Code." e) Add a note to the map which states that in the event the applicant does not comply with all of the provisions pursuant to Article VI, Affordable Housing District, of the South old Town Code, the subdivision map shall be rendered null and void. f) Add a note to the map which states that no building permits may be issued by the Building Department for any of the lots on the approved map until proof of perpetual affordability, pursuant to Article VI, Affordable Housing District, of the Town Code, has been submitted to the Planning Board. Southold Town Planning Board Page Twenty-Seven August 14, 2006 g) Indicate the source of the sanitary flow credits as well as the number of credits transferred to the site. h) Show all of the changes required by the Office of the Town Engineer and the Planning Board. The final map is subject to final approval by the Town Engineer and Planning Board. i) Show the location of the two (2) fire hydrants as recommended by the Mattituck Fire District and required by the Planning Board. j) Remove the buffer area from the pedestrian and emergency access. k) If the lot configuration, sizes and/or dimensions are changed as a result of these map revisions, the table of modifications must be amended accordingly. 3) Submission of draft Declaration of Covenants and Restrictions, containing the following clauses: a) There shall be no further subdivision of any of the lots on the approved map, in perpetuity. b) No lot line changes may be modified without approval from the South old Town Planning Board. c) Prior to any construction activity, the project will require a General Permit for the storm water runoff from construction activity (GP-02-01) administered by the New York State Department of Environmental Conservation under Phase II State Pollutant Discharge Elimination System. d) All storm water runoff resulting from the development of any of the lots on the subdivision map shall be retained on site and shall be the responsibility of each propertyowner. e) Access to Lot 10 from Factory Avenue is prohibited. f) Lot 10 is subject to a 20'-wide non-disturbance vegetated buffer as shown on the approved map, which shall remain in its natural state and free of all structures. g) Lots 6 and 7 are subject to a 15'-wide non-disturbance vegetated buffer as shown on the approve map, which shall remain in its natural state and free of all structures. h) Lots 2 thru 5 and 12 thru 22 are subject to a 25'-wide non-disturbance vegetated buffer as shown on the approved map, which shall remain in its natural state and free of all structures. i) Lot 1 is subject to a non-disturbance vegetated buffer of variable width, as shown on the approved map, that shall remain in its natural state and free of structures. j) Each lot shown on the approved map is subject to the provisions pursuant to Article VI, Affordable Housing District, of the South old Town Code. k) All structures with impervious areas shall control and retain surface runoff through the use of gutters, leaders and subsurface drywells. I) No action, including dumping of debris or clearing of vegetation, is permitted within the non-disturbance buffers as shown on the approved map. m) In the event the applicant does not comply with the provisions pursuant to Article VI, Affordable Housing District, of the Southold Town Code, the subdivision map shall be rendered null and void. n) No building permits may be issued by the Building Department for any of the lots on the approved map until proof of perpetual affordability, pursuant to Article VI, Southold Town Planning Board Page Twenty-Eight August 14, 2006 Affordable Housing District, of the Town Code, has been submitted to the Planning Board. 4) Review and approval of the bond estimate and Administrative Fee as proposed by the Town Engineer. 5) Submission of a letter of water availability from the Suffolk County Water Authority. 6) Submission of a copy of the recorded covenants and restrictions pursuant to Section 280-30 of the Town Code, showing that the lots will remain affordable in perpetuity pursuant to Article VI, Affordable Housing District, of the Southold Town Code. 7) All buffer areas shown on the final map shall be staked by a Licensed Surveyor or Engineer prior to the issuance of any building permits for any of the lots. Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: The motion carries. Thank you. I just want to note for the record that after the last public hearing there were a number of questions raised, the Planning Board and the staff conducted a lot of investigation and research into the issues that were brought up and those of you who have any questions about that could come and talk to any of the staff people about them, questions about traffic and other issues, and that information, through the staff, is available to you. Thank you very much. Carol Sullivan: How do we get copies of the pages? Chairperson Woodhouse: We will make those available to you. Carol Sullivan: Thank you. Bruno Semon: Ms. Chairman? It's actually through the FOIL process. You need to come to the Planning Department in order to get those resolutions, madam. You need to actually FOIL that at the Planning Department and you can obtain anything that's in that record. Carol Sullivan: OK. *************************************** Southold Town Planning Board Page Twenty-Nine August 14, 2006 CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE- SUBDIVISIONS (Lot Line Changes) Preliminary Extensions: Krupski Familv LLC: This proposal is for a standard subdivision to subdivide a 57.4574 acre parcel into two lots where Lot 1 equals 1.4589 acres and Lot 2 equals 55.9985 acres. The property is located on the north side of Oregon Road and the south side of Sound View Avenue, approximately 1385' east of Saltaire Way in Mattituck. SCTM#1 000-1 00-2-3 Ken Edwards: WHEREAS, this proposal is for a standard subdivision of a 57.4574-acre parcel into two lots where Lot 1 equals 1.4589 acres and Lot 2 equals 55.9985 acres; and WHEREAS, on October 17, 2005, the Southold Town Planning Board granted Preliminary Plat Approval upon the map prepared by John T Metzger, L.S. dated February 24, 2005 and last revised on July 29, 2005; and WHEREAS, by letter dated July 24, 2006, the applicant has requested an extension of time in order to meet the conditions of Preliminary Plat Approval; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants an extension of time, effective April 17, 2006 until October 17, 2006. Georae Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. ************************************** Setting of Preliminary Hearings: 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 south side of C.R. 48 (Middle Road) in Peconic in the A-C Zoning District. SCTM#1000- 84-5-4 Georae Solomon: WHEREAS, this proposal is to subdivide a 4.193-acre parcel into two lots where Lot 1 equals 40,000 sq.ft. and Lot 2 equals 142,667 sq.ft; and WHEREAS, on June 14,2004, the South old Town Planning Board granted conditional sketch plan approval on the map prepared by Joseph A. Ingegno, L.S. dated March 13, 2003 and last revised on March 31,2004; and Southold Town Planning Board Page Thirty August 14, 2006 WHEREAS on July 13, 2006, the applicant submitted an Application for Preliminary Plat Approval and the preliminary map prepared by Joseph A. Ingegno, L.S. dated March 13, 2003 and last revised on June 2, 2006; be it therefore RESOLVED, that the Southold Town Planning Board set Monday September 11,2006 at 6:00 p.m. for a preliminary public hearing on the maps Joseph A. Ingegno, L.S. dated March 13, 2003 and last revised on June 2, 2006. Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes. ************************************ Conditional Sketch Determinations: Verity, Michael J.: 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 prepared by David H. Fox, L.S. dated October 18, 2005, the Existing Resources and Site Analysis Plan (ERSAP) prepared by David H. Fox, L.S. dated October 18, 2005 and the subdivision plan prepared by David H. Fox, L.S. dated October 18, 2005; and WHEREAS, on June 8, 2006, the applicant submitted a revised subdivision map prepared by Davis H. Fox, dated October 18, 2006 and last revised on May 15, 2006 and a revised ERSAP prepared by David H. Fox dated October 18, 2005 and last revised on May 15, 2006; and WHEREAS, on June 12,2006, the Southold Town Planning Board accepted 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; and WHEREAS the subject property is under 7 acres and therefore not subject to the mandatory cluster development requirements of the subdivision regulations; and Southold Town Planning Board Page Thirty-One August 14, 2006 WHEREAS the applicant agreed to cluster the lots and provide for subdivision open space on Lot 5, and the Planning Board, at its discretion pursuant to Section 240-42(A) of the Town Code, finds that the proposed 71,581 square feet of subdivision open space is adequate for a parcel this size; and WHEREAS, on June 12, 2006, the Southold Town Planning Board started the SEQRA lead agency coordination process for this unlisted action; be it therefore RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, establishes itself as lead agency for the unlisted action and, as lead agency, grants a Negative Declaration for the proposed action; Georqe Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. Ken Edwards: and be it further RESOLVED, that the Southold Town Planning Board hereby grant Sketch Approval upon the map prepared by David H. Fox, L.S. dated October 18, 2006 and last revised on May 15, 2006, subject to the following conditions: 1) Submission of the Application for Preliminary Plat Approval along with the application fee in the amount of $1000. 2) Submission of six (6) copies of the preliminary subdivision map containing the following revisions: a) The title of the map should read "Clustered Subdivision for the Property of Michael Verity." b) The building envelopes for each of the lots, with the exception of Lot 5, should be based on the non-conforming setbacks pursuant to Section 280-124(B) of the South old Town Code. c) Add a notation to the map which states that "Lot 5 shall have access from a common driveway easement over Lot 3." d) Add a notation to the map which states that "Lots 1 thru 4 on this map are subject to the bulk schedule requirements for non-conforming lots pursuant to Section 280-124(B) of the Town Code." Show the table of the bulk schedule requirements. e) Show the 12'-wide driveway within the proposed common driveway. f) In addition to the percentage of clearing that is permitted on each lot, specify the square footage. 3) Submission of draft Covenants and Restrictions that contain the following clauses: a) There shall be no further subdivision of any of the lots on the approved subdivision map, in perpetuity. Southold Town Planning Board Page Thirty-Two August 14, 2006 b) No changes to any of the lot lines without approval by the Town of Southold Planning Board. c) Specify the clearing restrictions for each of the lots, pursuant to Section 240- 49(C) of the Town Code. d) All storm water runoff resulting from the development of any of the lots on the subdivision map shall be retained on site and shall be the responsibility of each propertyowner. e) No residential structures shall be permitted on Lot 5, except within the building envelope as shown on the approved subdivision map. f) Lot 5 is subject to an Agricultural/Open Space Easement as recorded in the Office of the County Clerk. g) By this Declaration, future residents of the lots that comprise the subdivision are advised that the lots may be subject to the noise, dust, and odors normally associated with agricultural activities pursuant to Article XXII, Farmland Bill of Rights of the Southold Town Code. h) Prior to any construction activity, the project will require a General Permit for the storm water runoff from construction activity (GP-02-01) administered by the New York State Department of Environmental Conservation under Phase II State Pollutant Discharge Elimination System. 4) LWRP Coastal Consistency Review by the Town of Southold. 5) Review and approval by the Suffolk County Planning Commission. 6) Submission of a Freshwater Wetlands permit or letter of non-jurisdiction from the Town Trustees and the NYSDEC. 7) Submission of the Park and Recreation Fee in the amount of $28,000 ($7000 for each new lot created). Georqe Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion carries. ***************************** Conditional Sketch Extensions: Southview Estates: This proposal is to subdivide a 13.35-acre parcel into three lots where Lot 1 equals 48,231 s.f., Lot 2 equals 37,343 s.f. and Lot 3 equals 45,713 s.f.., with the remaining portion of the property preserved as open space. The property is located on the south side of Main Bayview Road, approximately 900' east of Cedar Drive in Southold. SCTM#'s1000-87-5-21.4,21.7-21.11 Southold Town Planning Board Page Thirty-Three August 14, 2006 Georqe Solomon: WHEREAS, this proposal is to subdivide a 13.35-acre parcel into three lots where Lot 1 equals 48,231 sJ., Lot 2 equals 37,343 sJ. and Lot 3 equals 45,713 sJ., with the remaining portion of the property preserved as open space. and WHEREAS, on December 13, 2005, the Southold Town Planning Board granted conditional sketch approval upon the map, prepared by Victor Bert, P.E., of Nelson and Pope, dated last revised October 10, 2005; and WHEREAS, on August 8, 2006, the applicant submitted a letter requesting an extension of time to meet the conditions of sketch approval; be it therefore RESOLVED, that the Southold Town Planning Board hereby grant an extension of time for sketch plan approval, effective June 13,2006 until December 13, 2006. Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? And that motion carries. ***************************** CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE- SUBDIVISIONS (Lot Line Changes) - STATE ENVIRONMENTAL QUALITY REVIEW ACT Lead Agency Coordination: Guadaano. Patrick: This proposal is to subdivide a 10-acre parcel into two lots where Lot 1 is 1.5 acres and Lot 2 is 8.5 acres, inclusive of a 1.5-acre building envelope and six acres of subdivision open space. The property is located on the north side of Orchard Street, approximately 1,008' west of Platt Road in Orient. SCTM# 1000-27-1-2 Georqe Solomon: WHEREAS, this proposal is for a standard subdivision to subdivide a 10- acre parcel into two lots where Lot 1 is 1.5 acres and Lot 2 is 8.5 acres, inclusive of a 1.5-acre building envelope and 6 acres of subdivision open space; and WHEREAS, an application for sketch approval was submitted on June 23, 2006; and WHEREAS, the Southold Town Planning Board reviewed the application at their work session on July 24, 2006 and agreed to initiate the subdivision review process; be it therefore Southold Town Planning Board Page Thirty-Four August 14, 2006 RESOLVED, that the Southold Town Planning Board start the SEQR lead agency coordination process for this unlisted action. Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? And that motion carries. ***************************** Determinations: Brokaw, Bennett: 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 square foot flag strip. The property is located on the south side of Bergen Avenue, approximately 1299 feet west of Cox Neck Road in Mattituck. SCTM#1000-113-7-1.1 Ken Edwards: 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 square foot flag strip; and WHEREAS, the Southold Town Planning Board initiated the SEQRA Coordination for this application on June 12, 2006; and WHEREAS, on June 12, 2006, the Southold Town Planning Board granted conditional sketch approval upon map prepared by Joseph A. Ingegno, L.S. dated September 3,1999 and last revised on May 3, 2006; be it therefore RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, establishes itself as lead agency for the unlisted action and, as lead agency, grants a Negative Declaration for the proposed action. Georqe Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. ***************************** Southold Town Planning Board Page Thirty-Five August 14, 2006 SITE PLANS Set Hearings: Romanelli Brothers. LLC: This site plan is for conversion of existing single family residence with accessory garages to a first floor business office, second floor apartment and accessory garages on 26,081 sq. ft. parcel in the RO Zone located at 51750 Main Road in Southold. SCTM# 1000-63-6-4 Chairperson Woodhouse: WHEREAS, the This site plan is for conversion of existing single family residence with accessory garages to a first floor business office, second floor apartment and accessory garages on 26,081 sq. ft. parcel in the RO Zone located at 51750 Main Road in Southold. SCTM#(s) 1000-63.-6-4; 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; Georqe Solomon: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: and be it further RESOLVED, that the South old Town Planning Board set Monday, September 11, 2006 at 6:00 p.m. for a final public hearing on the maps dated March 17,2006. Georqe Solomon: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: That motion carries. ************************************** Southold Town Planning Board Page Thirty-Six August 14, 2006 SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Unlisted Coordinated Reviews: Peconic Recvclina & Transfer: This site plan is for new construction of a building that includes 32,000 sq. ft. of warehouse space and 2,210 sq. ft. office space for recycling center use on 154,601 sq. ft. parcel in the L10 Zone located approximately 1,083' n/o Corporate Road on n/e/s/o Commerce Drive in Cutchogue. SCTM# 1000-95-2-7 Ken Edwards: WHEREAS, the applicant proposes a site plan for new construction of a building that includes 32,000 sq. ft. of warehouse space and 2,210 sq. ft. office space for recycling center use on 154,601 sq. ft. parcel in the L10 Zone located approximately 1,083' n/o Corporate Road on n/e/s/o Commerce Drive in Cutchogue. SCTM#(s) 1000-95.-2-7 WHEREAS, Under Town Code section 211, the applicant is required to obtain a Salvage Center permit by the Southold Town Board prior to the Planning Board granting approval of the site plan; and WHEREAS, on June 6, 2006, a formal site plan application was submitted for approval; 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. Georqe Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Yes? Jim Goodwin: I have a question. How can this get to this; it's L1R, it shouldn't have gotten this far. Chairperson Woodhouse: Please come up to the microphone and state your name, then I'll explain it to you. Jim Goodwin: Jim Goodwin. Depot Lane, Cutchogue, adjacent property. I want to know: how could it get past the Board to this point? Chairperson Woodhouse: It has not gotten past the Board. This is an application; this action is running concurrently with that application. All this enables this Board to do is to begin to look at the environmental issues under the SEQRA law. Southold Town Planning Board Page Thirty-Seven August 14, 2006 Jim Goodwin: Because I'm under the understanding that it shouldn't have been here, it should have went to the Town Board first, and it hasn't. Chairperson Woodhouse: It is before the Town Board to get a permit to operate a transfer station. A permit is required within the Town. Jim Goodwin: I talked to Scott Russell and he said nothing has come before him. I talked to AI Krupski, nothing has come before him. L10 does not allow a transfer station and whatever in that business: light industrial. Bruno Semon: Mr. Goodwin, there was an application made to the Town Clerk on behalf of the Town Board prior to the Planning Board receiving an application. Jim Goodwin: I don't know anything about it; my wife will talk. Marilvn Goodwin: Yes, we are aware of that; Mr. Russell showed it to us and they discussed it at length at their work session when that came forward. Bruno Semon: That's the application that was applied for a transfer permit from the Town Board. Marilvn Goodwin: Salvage permit. And that is not an allowed usage in L10. We have been told that putting this process forward first is like putting the cart before the horse. They are supposed to come in and put in for a zone change; this is not a permitted use in L10, which is directly behind our house. The other acreage is right to the south of it, that's zoned L1, you voted for other things to go through to go down there, which is fine. Bruno Semon: It's not permitted... Marilvn Goodwin: This is what we are told: that it's not an allowed use in L10. Bruno Semon: It's not permitted in any zone in the Town of Southold without that permit from the Town Board. It's an overlapping permit that must be issued by the Town Board for any zone that it's placed in; it's not a permitted use anywhere that I know of. Marilvn Goodwin: Correct. So, why go through all of this process; why not go before the Town Board first? Bruno Semon: Because this process concurrently.... Amy Ford: I don't think the Town Board will review it until the SEQRA evaluation has been done as well as the LWRP review. So, those two things need to be done, and they're done through the Planning Board before the Town Board can complete their review of the permit application, if I understand it correctly. Southold Town Planning Board Page Thirty-Eight August 14, 2006 Marilvn Goodwin: My understanding is that's not so, that this process doesn't even start until after the Town; because, for everybody's sake, why put everybody through this whole entire process? And then that's putting the Town Board in a spot. Chairperson Woodhouse: Well, I think one of the answers to that is there needs to be some information provided to the Town to inform their decision, and some of the information that they would be looking for is the information that would come up under this SEQRA. That's the State Environmental Quality Review. Marilvn Goodwin: I know what it is, and I know that it's basically just a process that needs to be done. That's alii want to say about that. We are not the only ones that feel this way. Chairperson Woodhouse: I am going to ask Mark to respond to your comment about the process. Mark Terrv: To answer your question why it's before the Town Board: it's before the Town at extreme risk to the applicant. The applicant has no guarantee that use will be granted. He can be denied, and his efforts in the Planning Board may not come to fruition. So, it's at his risk that he's pursuing the application with the Planning Board. Marilvn Goodwin: And so what happens now? You're going to allow the SEQRA review, which, they're not going to find any problems, then what? Mark Terrv: They're sending that out. Chairperson Woodhouse: What was your answer to that? Bruno Semon: It's actually a coordinated review process, so we're asking each agency to comment on it. If you'd like, you can get a copy of the resolution through a FOil, and you'll see how many agencies are involved with this as a part of the review under SEQRA. We need comments from each one of those agencies to complete the review. Marilvn Goodwin: Correct. And how long does this take? Bruno Semon: A minimum of 20 days. Marilvn Goodwin: A minimum of 20 days for all the agencies to come back to you. Bruno Semon: Absolute minimum is 20. Marilvn Goodwin: So, conceivably, they could possibly make your next meeting. Bruno Semon: Maybe. Southold Town Planning Board Page Thirty-Nine August 14, 2006 Marilvn Goodwin: Based on that, now let me ask you this: based on the SEQRA then, does it go before the Town Board before it comes back here, or do they get to come back here and get preliminary site plan approval? Bruno Semon: There's never been a preliminary site plan approval issued in my time at the Town. The Town Board must grant a permit before this Board can issue approval on this. Marilvn Goodwin: Before the preliminary or the final, that's what I'm asking. Bruno Semon: Ma'am, there's never been a preliminary approval given by this Board for site plan. It's either approval or not. Marilvn Goodwin: OK, we'll follow up on it because obviously there's some miscommunication here between the two Boards. But thank you. ***************************** Lead Agency Designation: Chairperson Woodhouse: OK. We will resume with the next issue, which is the resolution related to the Gaia Holistic Circle in East Marion. This again relates to the Planning Board assuming Lead Agency. Gaia Holistic Circle: This proposed site plan is for a Holistic Center as follows; new transient hotel/restaurant with 114 transient motel rooms: 87 rooms in 23 guest lodges in fourteen 3-unit and nine 5-unit clusters, and the remaining 27 guest rooms in the main spa building, totaling 80,000 sq. ft., including a 185 seat organic restaurant in the main spa building (103 guest seats, 72 public seats and 10 bar seats), plus office and accessory uses including 27 personal service treatment suites; a 3,834 sq. ft. private restaurant annex with 45- 99 seats; a 1,987 sq. ft. managers residence with a 687 sq. ft. deck, a 1,373 sq. ft. pool house, a 7,205 sq. ft. maintenance and utility building; a covered 758 sq. ft. deck; a pool and 16 boat slip private marina; and 1,160 sq. ft. for three (3) gazebos on 18.7115 acres parcel in the Mil Zone located approximately 3,278 ft. south of New York State Road 25 at the south east end of Shipyard Lane known as 2835 Shipyard Lane in East Marion. SCTM # 1000-38-7-7.1 Georae Solomon: WHEREAS, this proposed site plan is for a Holistic Center as follows; new transient hotel/restaurant with 114 transient motel rooms: 87 rooms in 23 guest lodges in fourteen 3 unit and nine 5 unit clusters, and the remaining 27 guest rooms in the main spa building, totaling 80,000 sq. ft., including a 185 seat organic restaurant in the main spa building (103 guest seats, 72 public seats and 10 bar seats), plus office and accessory uses including 27 personal service treatment suites; a 3,834 sq. ft. private restaurant annex with 45-99 seats; a 1,987 sq. ft. managers residence with a 687 sq. ft. deck, a 1,373 sq. ft. pool house, a 7,205 sq. ft. maintenance and utility building; a covered 758 sq. ft. deck; a pool and 16 boat slip private marina; and 1,160 sq. ft. for three (3) gazebos on 18.7115 acres parcel in the Mil Zone located approximately 3,278 ft. south of New York State Road 25 at the south east end of Shipyard Lane known as 2835 Shipyard Lane in East Marion. SCTM # 1000-38-7-7.1; be it therefore Southold Town Planning Board Page Forty August 14, 2006 RESOLVED, that on July 10, 2006, the Southold Town Planning Board, acting under the State Environmental Quality Review Act, performed a coordinated review of this Type I Action. The Planning Board establishes itself as lead agency and will continue the review. Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. *************************** East Marion FD Telecom: This site plan is for a proposed 120' cellular stealth flagpole-type tower with Cingular equipment internally installed at heights of 107' & 117'. The pole illustrates a USA flag at the top. The Fire Department antennae are externally located at heights of 120' & under 96'; all on a 3.0583-acre split-zoned parcel in the R-40 & HB Zones located on the n/s/o NYS Route 25 approximately 494' w/o Stars Road in East Marion. SCTM# 1000-31-3- 11.31 Ken Edwards: WHEREAS, this site plan was for a proposed 120' cellular stealth flagpole-type tower with Cingular equipment internally installed at heights of 107' & 117'. The pole illustrates a USA flag at the top. The Fire Department antennae are externally located at heights of 120' & under 96'; all on a 3.0583-acre split-zoned parcel in the R-40 & HB Zones located on the n/s/o NYS Route 25 approximately 494' w/o Stars Road in East Marion. SCTM# 1000-31-3- 11.31; and WHEREAS, on July 10, 2006, the Southold Town Planning Board, acting under the State Environmental Quality Review Act, pursuant to 6 NYCRR Part 617, made a determination that the proposed action is an Unlisted Action and initiated the lead agency coordination process on the application submitted on December 9, 2005; and WHEREAS, on July 25, 2006, the Southold Building Department issue a amended notice of disapproval for the East Marion Fire District; and WHEREAS, on August 3, 2006, the new agent Edward J. Boyd, Esq. submitted a revised site plan application indicating a change in the applicant, agent and proposed use; and WHEREAS, this site plan is for a proposed Firehouse and Public Safety Communications 120' cellular stealth flagpole-type tower with Cingular equipment internally installed at heights of 107' & 117'. The pole illustrates a USA flag at the top. The Fire Department antennae are externally located at heights of 120' & under 96'; all on a 3.0583-acre split-zoned parcel in the R-40 & HB Zones located on the n/s/o NYS Route 25 approximately 494' w/o Stars Road in East Marion. SCTM# 1000-31-3-11.31; 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, the Planning Board establishes itself as lead agency and will continue the review. Southold Town Planning Board Page Forty-One August 14, 2006 Georqe Solomon: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: That motion carries. ********************** OTHER APPROVAL OF PLANNING BOARD MINUTES Chairperson Woodhouse: I will entertain a motion for the Board to approve the April 1 0, 2006 minutes. So moved. Georqe Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: The minutes are approved. And the very final motion is to adjourn? Georqe Solomon: So moved. Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: This meeting is adjourned. *********************************** Southold Town Planning Board Page Forty-Two August 14, 2006 There being no further business to come before the Board, the meeting was adjourned at 7:10 p.m. Respectfully submitted, A~ Linda Randolph Secretary ~~ oodhouse, Chairperson