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HomeMy WebLinkAboutPB-09/11/2006 KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND MAIUNG ADDRESS: P.O. Box 1179 Southold, NY 11971 PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair OFFICE WCATION: Town Han Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD PUBLIC MEETING MINUTES Monday, September 11, 2006 6:00 p.m. Present were: Jerilyn B. Woodhouse, Chairperson Kenneth L. Edwards, Member Martin H. Sidor, Member George Solomon, Member Joseph Townsend, Member Mark Terry, Senior Environmental Planner Bruno Semon, Senior Planner Anthony Trezza, Senior Planner Amy Ford, Senior Planner' Carol Kalin, Secretary SETTING OF THE NEXT PLANNING BOARD MEETING Chairperson Woodhouse: Good evening and welcome to the September 11 th meeting of the Southold Town Planning Board. For our first order of business, I'll entertain a motion to set Monday, October 16th, 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: That motion carries. We have a number of public hearings tonight. Before we begin, everyone who would like to have an opportunity to address the Board may do so. We ask that when you want to speak to the Board you approach either of the microphones; there is a piece of paper there where you can sign/print your name clearly so that we have a record of who is speaking to us when we transcribe our records later on. South old Town Planning Board Page Two September 11, 2006 PUBLIC HEARINGS 6:00 p.m. . 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 slslo C.R. 48 (Middle Road) in Peconic in the A-C Zoning District. SCTM#1000-84-5-4 Chairperson Woodhouse: Is there anyone here who would like to speak on behalf of this proposal? Abiqail Wickham: Good evening. I'd like to congratulate you for properly pronouncing the last name: Pawluczyk. This is actually a subdivision that arose out of a will that Mrs. Pawluczyk drew years and years ago, back when acreage was one-acre zoning. Now the four-acre parcel is limited to two parcels, one of which is clustered down to one acre and the remainder to be the larger remaining 3.275 acres. If the Board has any questions, I'd be glad to answer them, or if there's anybody in the audience that has any questions. I have no further comments myself. Chairperson Woodhouse: OK. Thank you. Is there anyone else who would like to address the Board on this application? Are there any questions from the Board? Hearing none, I will entertain a motion to close this hearing. Georqe Solomon: So moved. Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: That carries. Ken Edwards: 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 Southold Town Planning Board issued a Negative Declaration pursuant to SEQRA and granted sketch plan approval on the maps prepared by Joseph A. Ingegno, L.S. dated March 13,2003; and WHEREAS, on July 13, 2006, the applicant submitted the application and fee for Preliminary Plat Approval and one (1) copy of the recorded Declaration of Covenants and Restrictions for this project; be it therefore RESOLVED that the South old Town Planning Board finds that the proposed project is consistent with the Town's Local Waterfront Revitalization Program; Southold Town Planning Board Page Three September 11, 2006 Georoe Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: That motion carries. Ken Edwards: and be it further RESOLVED, that Southold Town Planning Board hereby grants Preliminary Plat Approval upon the map prepared by Joseph A. Ingegno, L.S. dated March 13,2003 and last revised on March 31,2004, subject to the following conditions: 1. Submission of the application and fee for final plat approval. 2. Submission of five (5) mylars and eight (8) paper prints of the final map, each containing the Health Department stamp of approval. 3. Payment of the Park and Playground Fee in the amount of $5000. Joe Townsend: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion carries. ******************************* 6:05 p.m. - 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 approximately 150' slo Tuckers Lane on the elslo NYS Road 25 at 51750 NYS Road 25 known as Main Road in Southold. SCTM# 1000-63.-6-4 Chairperson Woodhouse: Is there here who would like to speak on behalf of this application? Garrett Strano: Good Evening, I'm Garrett Strang, Architect, Southold, on behalf of the applicant, Romanelli Brothers. I think the application is straightforward, it stands for itself. If there are any questions of the Board, I would be happy to entertain them at this time. Chairperson Woodhouse: Thank you. Is there anyone else in the audience who would like to address the Board on this application? Hearing none, I will entertain a motion to close the hearing. Georoe Solomon: So moved. South old Town Planning Board Page Four September 11, 2006 Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: The hearing is closed. Would you please read the resolution? Joe Townsend: WHEREAS, the site plan is for conversion of an 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; and WHEREAS, Romanelli Brothers LLC, is the owner of the property located approximately 150' s/o Tuckers Lane on the e/s/o NYS Road 25 at 51750 NYS Road 25 known as Main Road in Southold. SCTM#(s) 1000-63-6-4; and WHEREAS, on March 2, 2006, the Southold Town Building Department issued a Notice of Disapproval that the proposed construction will required a variance under Town Code Section 100-32, Special Exception is required for the apartment use and that the office use requires site plan approval; and WHEREAS, on April 26, 2006, the agent, Garrett A. Strang, Architect, submitted a formal site plan for approval; and WHEREAS, on June 8, 2006, the Southold Town Zoning Board of Appeals granted a Variance as applied for and described under Appeal Number 5882 with the following conditions: 1) A certificate of Occupancy shall be obtained from the Building Department before occupancy. 2) A chain ladder shall be installed for emergency egress from the second-story apartment; and WHEREAS, on June 14, 2006, the Southold Fire District reviewed and approved the amended site plan and the Planning Board accepts the approval; and WHEREAS, on June 20, 2006, the New York State Department of Transportation reviewed an application for a highway work permit and issued Case Number 06-201 P; and WHEREAS, on June 23, 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 Southold Town Planning Board Page Five September 11, 2006 WHEREAS, on July 13, 2006, the Architectural Review Committee reviewed the associated site plan materials and approved the site plan with one condition that "screening of the a/c condenser from the north side and Main Road with evergreens" and the Southold Town Planning Board accepted the endorsement; 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 7, 2006, the South old Town Engineer reviewed the site plan materials and issued a letter with comments and the Planning Board accepts his comments and incorporates all the comments as part of this approval; and WHEREAS, on August 14, 2006 the Southold Town Planning Board, acting under the State Environmental Quality Review Act, pursuant to 6 NYCRR Part 617, makes a determination that the proposed action is a Type II and not subject to review; and WHEREAS, on August 14, 2006, the South old Town Building Inspector reviewed and certified the site plan for "Small Business Office" use and the "Apartment is/are a permitted use by special exception" and the Planning Board accepts the certification for approval; and WHEREAS, on August 29, 2006, the Southold Town Engineer reviewed the revised site plan materials and indicating all items have been satisfied except the requirement of the NYSDOT permit and the Planning Board accepts his comments and incorporates all the comments as part of this approval; and WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has received affidavits that the applicant has complied with the notification provisions; and WHEREAS, the following items shall be required: 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. As per the 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 280-131 Part I, the applicant agrees to incorporate all the requirements, comments, and recommendations of each reviewing agency as referenced above and as indicated on the site plan and corresponding attachments; Southold Town Planning Board Page Six September 11, 2006 Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: The motion carries. Joe Townsend: and be it further RESOLVED, that the Southold Town Planning Board has reviewed the proposed action under the policies of the Town of Southold Local Waterfront Revitalization Program and has determined that the action is consistent provided that the best management practices are implemented as outlined in the July 31,2006 memo prepared by the LWRP Coordinator; Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Joe Townsend: and be it further RESOLVED, that the South old Town Planning Board grant approval on the site plan prepared and certified by Garrett A. Strang, Architect dated March 17, 2006 and last revised August 28,2006 and the building plans labeled SK-1 dated July 7,2006 and last revised August 28, 2006 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 shall finish the permit application and obtain an approved New York State Department of Transportation Highway Work Permit under case number 06-201 P prior to, during and after construction on the site. The owner agrees to submit a copy of the NYSDOT approval to the Southold Town Planning Dept. for the file prior to any construction at the site. 3. 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. 4. Prior to the request for the Certificate of Occupancy, the owner or authorized agent must request the said Building Inspector and the Planning Board to perform an on- site inspection to find the site improvements are in conformity with the approved site plan. Southold Town Planning Board Page Seven September 11, 2006 5. If the as-built site improvements vary from the approved site plan, the Planning Board reserves the right to request a certified as-built site plan detailing all the changes. 6. 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. 7. The Planning Board will issue a final site plan approval in the form of a letter following a site inspection and at the time the site improvements are found to be in conformance with the approved site plan. Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: That motion carries. Thank you. *********************************** 6:10 pm. - Beach Plum Homes: This proposed Clustered Conservation Subdivision is for 5 lots on 27.15 acres where Lot 1 equals 23.96 acres, upon which the Development Rights on 22.2246 acres are proposed to be sold to the Town of Southold, Lot 2 equals 31,000 sq. ft., Lot 3 equals 32,800 sq. ft., Lot 4 equals 33,712 sq. ft. and Lot 5 equals 30,916 sq. ft. The property is located on the nlslo Ackerly Pond Road and the wlslo NYS Route 25 in Southold in the A-C/R-O Zoning Districts. SCTM#1 000-69-3-1 0.1 Chairperson Woodhouse: Is there anyone here who would like to address the Board on this application? Charles Cuddv: on behalf of the applicant. This is a parcel that's on Ackerly Pond, it's also a little bit on the Main Road, it also goes into an area known as Blossom Lane. There'd be 22.2 acres of land that will be preserved through the sale of development rights out of this 27 -acre lot. We received sketch plan approval a year ago, or more than a year ago on May 9, 2005. Since that time we have recorded Covenants in accordance with the request of the Board; we have gotten Health Department approval; we have paid the Park Fee and the Recreation Fee and prepared to submit our bond. I believe the Board has looked at this; it's a Conservation Subdivision with only five lots, and now they are asking to approve. Chairperson Woodhouse: Thank you. 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. Joe Townsend: So moved. Ken Edwards: Second. South old Town Planning Board Page Eight September 11, 2006 Chairperson Woodhouse: All in favor? Ayes. Martin Sidor: WHEREAS, this proposed Clustered Conservation Subdivision is for 5 lots on 27.15 acres where Lot 1 equals 23.96 acres, upon which the Development Rights on 22.2246 acres are proposed to be sold to the Town of Southold, Lot 2 equals 31,000 sq. ft., Lot 3 equals 32,800 sq. ft., Lot 4 equals 33,712 sq. ft. and Lot 5 equals 30,916sq. ft. in the A-C/R-O Zoning Districts; and WHEREAS, on May 9, 2005, the Southold Town Planning Board issued a Negative Declaration for the project pursuant to SEQRA and granted conditional sketch approval on the map prepared by John T. Metzger, L.S. dated June 27, 2005 and last revised March 10,2005; and WHEREAS, on June 13, 2005, the Planning Board received a letter dated June 8, 2005 from the Suffolk County Planning Commission indicating that the application is matter for local determination; and WHEREAS, on November 14, 2005, the Planning Board received a letter of non-jurisdiction dated October 27,2005 from the New York State Department of Environmental Conservation; and WHEREAS, on May 18, 2006, the Southold Town Planning Board received the LWRP Review from the Town's LWRP Coordinator and reviewed said document at their work session on Tuesday, May 30, 2006; and WHEREAS, on June 19, 2006, the Southold Town Planning Board received the Town Engineer's Report and Bond Estimate in the amount of $75,546 with an Administrative Fee of $4,532.76 for this project and reviewed said documents at their work session on June 26, 2006; and WHEREAS, on August 1, 2006, the applicant submitted a copy of the Health Department approval for this application in addition to the application for final plat approval; and WHEREAS, on August 22, 2006, the applicant submitted a copy of the recorded Declaration of Covenants and Restrictions; and WHEREAS, on August 25, 2006, the applicant submitted five (5) mylars and eight (8) paper prints of the final plat prepared by John T. Metzger dated June 27, 2005 last revised July 19, 2006; and WHEREAS, on August 30, 2006, the applicant submitted the final Road and Drainage Plans, prepared by Joseph Fischetti, Jr. P.E. dated August 16, 2005 and last revised on July 14, 2006; be it therefore Southold Town Planning Board Page Nine September 11, 2006 RESOLVED, that the South old Town Planning Board finds that the project is consistent with the policies of the Local Waterfront Revitalization Program and has required that Items 1 and 3 from the LWRP Report be incorporated into the Declaration of Covenants and Restrictions; Joe Townsend: 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 hereby grant Final Plat Approval on the plat prepared by John T. Metzger dated June 27, 2005 last revised July 19, 2006, subject to the following conditions: 1. Final review of the final Road and Drainage Plan by the Office of the Town Engineer. 2. Submission of a bond or letter of credit in the amount of $75,546 for the bond estimate as prepared by the Office of the Town Engineer. 3. Submission of the Administration Fee in the amount of $4,532.76. 4. Submission of the Park and Playground Fee in the amount of $14,000 ($3,500 for each new lot created). Georqe Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: That motion carries. Thank you. ********************************** 6:15 p.m. - Eastern Lona Island Kamparound: This amended site plan is for an 80-space overflow parking lot with a controlled access/egress and new landscaping on a 24-acre parcel in the RR Zone located on the s/s/o of County Road 48 at the s/w intersection of CR 48 and Queen Street/Lane in Greenport. SCTM# 1000-40.-3-5 Chairperson Woodhouse: Ms. Moore? Patricia Moore: Yes, good evening, I'm Patricia Moore on behalf of Myron and Donna Goldstein. They are here with me this evening and I will probably ask them to put some testimony on the record for your files. This has been a campground since 1976 as you know. Southold Town Planning Board Page Ten September 11, 2006 From 1976 through 1978, the Zoning Board approves the tourist camp; the Planning Board also approved the site plan at that time, and the Town Board granted approval to use the premises for a tourist camp. It goes back to that date. Back in 1978 the Town Board amended their Chapter 88 and added Recreational Vehicle Park, which is what we actually operate. At the public hearing for the campground permit, extensive testimony was taken from the community in support of the proposal and the points are still valid today, which is that the recreational use promotes tourism and supports the local economy. The alternative to this would be a development, and that is something that the Board certainly doesn't want to see. In 1989 the zoning was again amended and the property was rezoned to Resort Residential. It remains a recreational vehicle park today, despite the zone. The reason the amendment was required, and I'd like Mrs. Goldstein to put it on the record, is that the area that is shown on the site plan as the land bank parking is really the parking for vehicles where you have a second vehicle for a camper. The campers come in, they come in with their RV and their primary vehicle. And they are permitted to park onsite by their campsite. What we provide for in this parking area is really an access vehicle, where the family, a husband and wife, or couple, one stays at the site, the other one may commute and come back on weekends; that individual may actually find that they need two cars. It's that second car that this parking area accommodates. In reality, it is only at the highest times of the year where that facility is booked and the need for this additional vehicle to park there. Many times they have found that cars were parking there illegally, neighbors and guests of neighbors would use the parking area. So, segregating this area for the parking will actually be beneficial to the Goldsteins, to the campgrounds as well because it will keep non-invited guests from using this facility. In order to park in this site, the people that are guests of the campsite get a parking sticker that they have to display on the vehicle. So the reality is that any vehicles that do not have parking stickers should be towed. They have been accommodating many that come and use it and they don't tow the vehicles, but in reality now, we are going to be able to block the vehicles from coming on and parking there whether they are not authorized. So we think that will be a benefit to the community as well as to the operators of the campsite. We have maintained a 100' buffer from the North Road that has remained as it was in 1970's site plan. We have provided additional vegetation so that for those few times vehicles are actually parked in this area, there will be a buffer so that they won't be seen. Ordinarily, because of the access from Queen Street right onto the site, again, uninvited vehicles would cross through from Queen Street directly on the property rather than as they were being directed by the operators and having them go within the site and park in the designated area. We will entertain any questions that you have, I think that you're very familiar with this site. I want the Goldsteins to please put on the record the reason that this was actually done. I know that the Board heard about this early on during the initial work sessions, but I think that it should be made part of the record as to the safety factors that led to isolating the parking from the recreational area. Donna Goldstein: I live at 825 Queen Street in Greenport. I am one of the owners of Eastern Long Island Kampground. We bought the Kampground in the year 2000; we are just finishing up our second season. One of the things we wanted to do and I think we've been successful with, is making this a family camp. Everything that we do has been to promote the family unit. Therefore, we have a lot of children, a lot of young children. I have supplied the Board with statistics. And we get anywhere from 200-300 children on weekends. It's a big responsibility Southold Town Planning Board Page Eleven September 11, 2006 for us. Prior, the owner had that four acres in the front open space. Part of it was for playground, and part of it was for a ball field, but there was no delineation. As human nature, when you have second cars come in, they would park as close as they could to the building. They'd park right next to the sandbox. They used to put signs up: "Please don't park near the playground," but that didn't work. So then we decided that we wanted to divide it so that we'd put the cars not near the children. And what promoted that is that we actually had two near misses of children being hit by cars. Because the young children were playing and dashing in between the cars, somebody backed out and almost hit them. So that really told us that we had to do something. We called Mr. Bohn and said: "Do we need a permit to put up a fence?" and he said "No." Therefore we hired him to put a fence up, and all we did was divide the property: playground forward to the building, there's a huge sandbox and three sets of swings; it's a huge area if you've been there, it's a very large playground. We left space for a ball field so that the children when they are playing ball will now not be access to Sound Avenue. Therefore the cars now are on the other side, and we ask each guest when they come in, we register them, they put the site number on it. We also have a color code whether they're staying overnight, whether they are a second car, or they're a day visitor. And then we have them park on the other side. Please keep in mind that the impact is approximately 15 days out of the year. And how I get that figure is: our busy season is July and August, and holiday weekends, of which four were impacted. So, if you take Saturday and Sunday for four weekends, and then you take the busy season, leaving out September, you have seven, which is Saturday night. Those 15 days is really the only time that lot will have maybe 30-40 cars in it. So, I would like you to understand that. Any questions? Chairperson Woodhouse: Thank you. Pat Moore: I also want to put on the record the fact that the people who operate this facility live on Queen Streeet. Their home is on Queen Street, they also own a lot on Queen Street. So, they are as impacted as any of the neighbors that may be here today to speak. They are also neighbors, and they are very concerned about keeping the aesthetics as nice as possible, but also the impact that it has on the neighbors; they too, as I said, they live and work in this community and they are not absentee landlords. I will wait to hear what comments there are and I will respond. Thank you. If you have any questions, I'll be happy to answer them. Chairperson Woodhouse: Thank you. I believe there are some other people who would like to address the Board on this application. Abiaail Wickham: Good evening again. I am here for Susan Ellsworth who lives on Route 48, just to the west of this property. Hers is a residential piece of property and she is directly impacted by the location of the proposed parking lot. If the Board would forgive me, I have just been retained on this matter today, so I may have a few questions that could be answered, but I do have a number of concerns that she has expressed to me and I wondered if I could relate them to the Board. First of all, the change of zone that was granted by the Town in 1976 required, as I understand it, as a condition, that the proper area from 100' set back off the highway back for another 600', from 100 to 600', be retained as open area for passive recreational use. The ZBA granted a special section for this facility and it is my understanding that that was also a condition. Again, I haven't seen the documentation, but there was a write-up in your file where that was outlined. Southold Town Planning Board Page Twelve September 11, 2006 Chairperson Woodhouse: I believe we have it here and Ms. Moore could respond to that if need be. Abiqail Wickham: OK. And the Town Board, in granting the permit I believe, also recited those conditions and that was understood to be the basis for the campgrounds that would be located in the back, away from the highway. And also I think that was not only for a visibility point of view, but certainly for the impact on the residential neighbors, both Mrs. Ellsworth's property and the Queen Street people. So, I'm not sure, unless Ms. Ford can answer it, how you can amend a site plan and, by doing so, change any requirements that a Town Board or a Zoning Board may have imposed on the property. Another concern that I have is that of the actual parking location, and I question whether there are ways that because you have I believe a 2,500 s.f. minimum per site area in your campground, why an extra vehicle cannot be required to park within the campsite as opposed to taking up what would otherwise be open space that was intended to leave the area in a type of a cluster setting. If that's possible, I think the second vehicle that people bring should take up their campsite, not necessarily the open space. I also question why the winter storage area, which is further in from the road, is not available for at least some parking during the season. One of the concerns that Mrs. Ellsworth has about the location, which is right up against her property, is the noise, and it's not just the noise of cars driving in and out, it's car alarms, which she has experienced going off routinely, often early on Sunday mornings or late Saturday nights. Doors and trunks slamming, headlights coming through onto the property, people actually camping out and having cookfires in there. Parking of trucks and boats, as well as other regular cars, and the fumes that are created by that traffic. I noticed on the site plan, another question I have is that there doesn't seem to be any planted buffer area along her line, at least as I read the site plan. I know that the Town Code provision that talks about differentiating buffers between residential properties doesn't actually apply to a resort residential area, it applies to businesses and some of the other marine uses; it doesn't apply, but I would hope at the very least that the Planning Board would in their discretion impose more than just a 12' strip. The fence that is along that property line belongs to my client, a chain link fence, you could see right through it; and the shrubbery as I understand it is not as dense as a planted buffer that you might impose would be. The other thing I didn't understand, again, possibly due to my unfamiliarity with the file, is that the records indicate that initially there was a much lower usage of the site approved by the Town. Over the years, the Town permit process before the Town Board seemed to increase that, but it indicated that it went up to 148 spaces. The 186 sites, I guess we'll call them, that you now have on your map seems to be related to the Health Department review, but I'm not clear where it came from on the Town, so I wonder if it's been to the Building Department for certification yet. I am also told that the 15 days of parking lot intensity is really considerably longer than that, it is mid-week during the season, I don't know if I'd mention that before, it's not just cars, it's boats and trucks as well. So, hopefully some of these questions can be answered. Oh, I'm sorry, the chain link fence belongs to the applicant. Chairperson Woodhouse: Ms. Moore, did you want to respond to some of those points? Pat Moore: I will try to respond to the questions as I can. With respect to this site plan, as you recall, this plan went to the Town Board and the Town Board actually approved the plan, with the number of units and the area subject to site plan review. So, the number of units has now been formalized by Town Board action. Historically, there was discrepancy because of RVs Southold Town Planning Board Page Thirteen September 11, 2006 were counted one way, tent sites were coming a different way, so, as part of the site plan process, we actually went to the Town Board, had our permit from the Town Board amended and updated to include everything that is on this site. So, at this point, that issue is moot, and the Town Board has legislated or approved the number of units that is actually shown on the site plan. That approval was finalized subject to the Queen Street dedication. Just as a point of history, at what Mr. Wilton, who was a prior owner, had actually prepared a deed and sent it to the Town for the Queen Street dedication, and for some reason the Town never recorded it. So, we found it after the fact when Mr. Goldstein had been in touch with Mr. Wilton and you said weill sent it off and as far as he was concerned he thought it had actually been dedicated. Now we are in the process of cleaning up the file, but that was all made part of again the Wilton approval and then now the current approval with the Town Board. With respect to the buffer areas, the way I read the decision way back when, the buffer, as far as non-disturbed, a vegetation buffer is only the first hundred feet from CR 48. That first hundred feet has always shown as a buffer area on all the site plans and all the historic documents that are in the file. The balance of the 600' was for structures. What they wanted to see were structures, buildings, because at the time those buildings weren't constructed yet. They wanted to see the buildings at the back and where it currently is today, that's where the structures would go. But historically, the area that is now site planned as overflow parking has always been used for parking. From the 70's to the current time, because in those seven years that they have owned it, certainly there have been cars that have parked there and they actually were clients of the prior owner and that area was always used as overflow. What we are trying to do is segregate, clearly delineate the parking from the children's recreation area. It was all overlapping from the 70's on; certainly we are all safety-conscious. We have actually segregated it so that we have clearly where children can play and where the children really shouldn't be. Obviously it would have right now in September, there may be no need, there may be no cars in that area and kids can throw around a soccer ball or whatever. But the reality is that when you have the younger children, they are protected and they are close to the recreation area: the sandbox, all of the amenities that are provided for the younger children. So, with respect to the buffer, it is not the same thing as the parking area. With respect to Ms. Ellsworth's claim regarding vegetation, the reason that there is not this extensive landscaping on the west side of the property, and I had my client take photographs, we have photographs of the property in from Queen Street and facing west. You will see that it is a very densely vegetated area, and I have, this is Queen Street facing west, CR 48 you can see the electric lines at the right side of the photograph. This is the area that is along the west property line. So the natural vegetation which we have not disturbed is to remain. If you want a resolution conditioning that the vegetation remains, we have no objection to that. Again, another photograph facing west, we have the sign of CR 48. The only house you see is across North Road which is east of the access to the beach. So the only house you see is the one across from Rte. 48. Here's the second photograph for your file. And finally, a closer photograph standing towards the corner of Rte. 48 and Queen Street, a closer look at the north end. Again where Ms. Ellsworth's home is, we don't see anything. And for the record, Ms. Ellsworth has contacted me and also contacted my client that her property is on the market and if my client was interested in purchasing it to let her know. Certainly it has no bearing on her comments, but the property is on the market. I think I've answered all of Ms. Wickham's questions, and I'd certainly speak with her and give her any paperwork that I have. Southold Town Planning Board Page Fourteen September 11, 2006 Steve Adkins: I also live on Queen Street. I was also a prior camper, prior to buying a house on Queen Street. A couple of issues: going back to 1976, they were approved for 126 sites. As she said. Those expanded to 186; that's why they need the excess parking. There was a parking area to the left of the campground inside, which was considered overflow; extra cars were parked there, extra campers went in there. That's all moved outside now. Probably in the late 90's, Mr. Wilton started parking cars behind the building, directly behind the building. They were hidden by a berm, trees, bushes, and we really let it go by. When they opened up both the fences and started putting cars directly across, that's when we started having problems. You've got trash, you've got noise, you've got lights shining in our houses all hours of the night, fire alarms going off. It has disrupted our neighborhood. And we've asked them not to do this, and obviously we're here three years later doing the same thing. Chairperson Woodhouse: Thank you. Is there anyone else who would like to address the Board? Lenora Adkins: I just want to say that it's not just cars that are being parked there. There are trucks being parked there and trailers with boats are being parked there. And it's not just 15 days. There maybe not as many, it is most busy on Fourth of July and the big weekends. And I think because of the weather this summer there weren't quite as many as before. But we do have them coming in and shining the lights right in our windows. The car alarms do go off. There was a fire, the fire department had to come because one of the car's motors went on fire and all the hoses were right by our house. There are children still coming to those parking lots with their bicycles with people walking and I can see it because my kitchen window is right out. So I'm all for safety of children, but there are still children close to those cars on bicycles or walking. Chairperson Woodhouse: Is there anyone else who would like to address the Board? Justin Chesnowitz: I am also camper there, I've been camping there about five years now. I can recall before the fence was up, cars would park as it was mentioned behind the trees, but they got so close to the playground area where cars parked up to I guess the basketball court, you'd have cars parked right by the playground area; it was quite a hazard. I have three young children I wanted to add and they'd play around the cars, basketballs would hit a car, it was quite the safety issue. So, when we saw the fence up, my family and I were very happy to see that, quite pleased by that. It created a nice safe area for my children to play, fly a kite unobstructed, not worrying about a car parked there. Play baseball, wiffle ball, we could organize events for the weekends, volleyball games, dodgeball games and it created a great environment for my family and my friends, and we'd like to see it kept the way it is. As they had mentioned, the 15 days or what have you. I don't even know if it's that many days. Usually there's not that many cars there. And again, for the sake of safety, you see a lot more families out there now, nobody's worried about looking over their shoulder over the cars when the cars would pull away. Maybe there was a slippery spot created when the air conditioning was on, the grass would be wet right there, so it's nice to have it segregated the way we like it. We hope it will be maintained the way it is now. Thank you. Chairperson Woodhouse: Thank you. Is there anyone else who would like to address the Board? Yes, ma'am. Southold Town Planning Board Page Fifteen September 11, 2006 Carol Wick: I've been in the Kampground since 1983. My 30-year-old daughter grew up there. I now have a 21-year-old daughter that still comes out there and I have my grandchildren out there. It's definitely a safety factor. We were very pleased to see the fence go up because the children are playing amongst parked cars. Cars were coming and going. And it's definitely a safety factor, bushes and everything. The shrubbery, from what I remember, in the west side of the field has not changed at all. It's been that way since, to me, I don't recall being able to see the house on the field, the house in question. But I would like to see it remain the way it is now for safety reasons. Chairperson Woodhouse: Thank you. Yes, sir? Scott Auq: I'm also a camper over at Eastern Long Island Kampgrounds. I have five children that I have raised and been very concerned in the past about the traffic issues on Long Island, the way people drive, as everybody knows, nobody seems to care anymore about anything, whether it be a stop sign, speed limit sign, school sign, nothing matters. It's important that what Myron and Donna have done for my family is give me a place safe for my children. They've done everything they can to gear it around families, and there's not too many things left on Long Island that we can bring to this town where we can have families come here spending money doing things proactive for the Town. So, this needs to be geared toward more safety, maybe everybody has an issue of privacy and that's important also. I know from speaking with them that there were plans for shrubbery to be run along the roadside, which would protect people from headlights and different things like that. A different entrance area that would protect from unauthorized vehicles coming into that parking lot and staying there long periods of time. So, like I said, it's everybody's issue, and I think they've done a lot for this town and I'd like to see it continue in a positive way. Chairperson Woodhouse: Thank you. Is there anyone else who hasn't had a chance to speak who would like to speak on this application? Abiaail Wickham: My client advises that the cars that have parked there historically have been very few in number. This is a great enlargement of whatever may have been there historically. And the answers that Mrs. Moore gave us, which did help answer some of the questions, do not address the fact that there is considerable noise that would come through, and does in fact now come through. The shrubbery does not, or the buffer areas that are there now, the bushes, do not stop the lights that come through. She is disturbed by them; she has a number of animals that are disturbed by them. A stockade fence would help the lights, or some sort of solid fence in addition to shrubbery, it wouldn't help with the noise concern. I did think it's important that before the site plan is amended to change what may be a Town Board or Zoning Board condition, that we get a clarification on what that 100-600' area is, and what exactly that means. If they didn't want structures there and they wanted the site in the back, then that indicates to me that they didn't want cars and recreational vehicles parked in that area either; they wanted to keep that free. Two or three hundred kids, that's a lot of kids, and you gotta figure they all have at least one parent and other people; that's a lot of people on the site. Campers may come for one week, but these people live there and they gotta live with that on a seasonal basis. It's a very intense use for that many people. I don't think what they're concerned about is the fact that as a campground it's certainly not objecting to helping with the safety issue, but it may be just a question of volume; they may just have too many Southold Town Planning Board Page Sixteen September 11, 2006 sites on the property and too many kids and too many cars and too many people. And I'd like you to also again look into why they can't be located within the campsite as opposed to elsewhere. Mrs. Ellsworth did say, and I just want to mention, the house is not on the market. If it were, then it would certainly be devalued by this and I hope you will take that into consideration as well. Chairperson Woodhouse: Let me just ask you, were you recommending a fence in addition to the landscaping for the buffer, is that what you said? Gail Wickham: She indicated that whatever the shrubbery that is there now does not block the light, nor would a chain link fence. We would certainly like you to not allow the parking there because I have questions as to whether it should be there either legally or as a matter of planning. If you were going to do anything, it would have to be taking into consideration the noise and the lights, which would require a shrinking of that area. If you felt that you didn't have to protect it because of the historical or Town legislation, if you felt that the cars could go there rather than going on the site, and for whatever reason you feel parking lot can and should go there, it should be smaller and it should be much more protective of the neighbors. And that's just that neighbor, it doesn't address the people on the other side. Chairperson Woodhouse: The staff is looking up some information. Is there something you would like to contribute to this discussion at this point? Amv Ford: The Building Department did certify this on January 17, 2006 for use as a campground for the proposed use is permitted. The Town Attorney did review that open recreational space and it states that no structures are permitted to go on there, it was reviewed by them as well. Bruno Semon: Additionally, the Town Board has issued another permit to allow for the construction as proposed on the site plan, which is for the campground. Chairperson Woodhouse: So, the number and the use of it were not before the Board, this Board, at this particular point in time. It has been already determined. Patricia Moore: It's the way that it generally operates anyway. The parking is generally started closer, further, we don't have the parking spaces numbered, but the south end of the parking gets filled up first because it's the parking area that is closest to the facility, so obviously first come, first served. That way, only when it's peak time of the year, it would be used going towards the north side of the property and anywhere close to Ms. Ellsworth. So, if we could, we would have an understanding where an operational, the way we would operate is to start the parking as I said on the south side of the parking spaces first, before we start occupying towards the north side. That may alleviate some of the operational questions or issues. Keep in mind that the zoning code dictates how many parking spaces we must show. But the reality is that is not what is actually used. Parking here is, what is shown even land bank, the number of spaces that we can provide for is not what is actually used on any kind of regular basis. So, what looks intensive of the number of spaces, the reality is that it's not even closely used in the number throughout the season. Keep in mind that a lot of the parking Southold Town Planning Board Page Seventeen September 11, 2006 violators have been Cross Sound Ferry users, some of the neighbors' guests. We actually had a lot of people there who had no permit to park there. And those are going to be eliminated right off the bat. So, that will significantly reduce the number of cars during the season. Chairperson Woodhouse: So, what you're saying is, if you are doing a first-come, first-serve from the south part, and it is true, the number of spaces is dictated by the Code, can you give me some idea of how many spaces are actually used at these peak times? Pat Moore: (Inaudible) Chairperson Woodhouse: So that would be 1/2 of what's actually being shown on the site plan? Pat Moore: Yes. And remember these are the second vehicles, or guest vehicles. Guests of the park have their vehicles on site. They have an RV and they have their vehicles, so they have provided for parking within the site itself. Joe Townsend: The issue has been raised, they mentioned that there are boat trailers and different kinds of vehicles, recreational vehicles there. Pat Moore: There are no recreational vehicles there. You might have somebody who brings their boat out for the weekend, so you may have a boat trailer that they do have to have..... Myron Goldstein: I am the owner of the property. The only time there are recreational vehicles in the parking area is when they leave their site on a Sunday afternoon. They leave their site, they leave their trailer in the parking lot, they unhook their car and they go into the Town or the village and they do their shopping and they go visiting. There is absolutely no camping that is done in that area. It's only so that they can go and do something else. Georqe Solomon: What about the claim of open fires in the parking lot? Myron Goldstein: There have never been open fires in that parking lot. Pat Moore: For the record, he is in the Fire Department, and he would be the one to know if there was a fire onsite. Myron Goldstein: There was a fire about 2-3 years ago in a car; the battery overheated and there was a fire under the hood and that could happen anytime. Chairperson Woodhouse: So, if somebody were making a campfire, that's clearly in violation. Pat Moore: Of their operational. Chairperson Woodhouse: Thank you. Southold Town Planning Board Page Eighteen September 11, 2006 Donna Goldstein: I think it's important also for me to help you to understand how we run the campground. We spend a lot of money on security. I have somebody driving around probably until about 11 :00 and then 1 :00 on busy weekends. And they're in a golf cart. Part of that security is going through this parking lot that we're talking about. So if there was somebody who was trying to put a fire or had some kind of recreation there, it is not allowed. And we would pick that up. So, we do pay for security and we were asked: why don't we allow other cars in the grounds; that is a safety issue. If you are going to allow cars to line up, you now have the same thing; you have blockage of site. So, we have provided space for one car on each site. Chairperson Woodhouse: Thank you. Steve Adkins: Just to bring up the peak times and amount of cars: there are on average between 40 and 50 cars every single weekend. There are box vans parked there for the weekend; there are boats parked there for the weekend. This is every weekend. So, this is only going to get worse. He's asking for 80? You're going to have that every single weekend, pretty close to it. Chairperson Woodhouse: I just want to clarify: it's not that he's asking for it, but for an operation of this size, the Town requires that you show on a site plan that many spaces. Steve Adkins: That's going to be a regular weekend occurrence. We actually look across and they are right outside of Mrs. Ellsworth's house now. Why would that change? And it starts from the south and it goes north, and it's still there. It doesn't happen. I know when we first talked about this, Bruno, a couple of years ago they were talking about putting a berm through the whole side on Queen Street to block out some of the light. That hasn't been addressed in this new plan. Georae Solomon: Have you looked at the plans? Steve Adkins: Yes, I looked at the plans... Georae Solomon: So you know there's an arborvitae or cedars, I believe, buffer that will go the entire length. Steve Adkins: Do you know how many years that's going to take to fill in? Georae Solomon: That will be filled in. That's the way it's going to be set. That's the way we asked for it, and that's the way we expect it to be built. Steve Adkins: There is a berm halfway up the road, which pretty much blocks out the cars. That's why we suggested a berm. If you do a berm continuing down, it'll block it out completely; you'll have some shrubs planted on top of that and you'll get a little bit more privacy. That's what we're asking for. Southold Town Planning Board Page Nineteen September 11, 2006 Chairperson Woodhouse: The Town would not allow the berm to be constructed there. The Engineer, when they went over this plan. But it is called for much more heavy vegetation than what is existing right now, and it's going to continue all the way down to the opening, which is now moved way back close to the entrance to where the pool is and where the office is, so people will not be able to come down and turn right all along Queen Street, it'll be absolutely impossible for them to do it. But in order for this to be dedicated to the Town, we can't have a bern there, but it can be more heavily vegetated. Now, I would hope that by changing the entrance to the end and coming around, that might cut back on some of the noise and the light that's currently a problem right now. Steve Adkins: That's why we were hoping for a berm. Chairperson Woodhouse: That is something that we cannot put on the site plan. Steve Adkins: OK. Bruno Semon: Additionally, Mr. Adkins, 17' were dedicated, which is going to be grass that actually extends the area between Queen Street and what's going to be the planting, so there's an additional 17' that the Town is going to obtain and then leave it as is I understand at this point. Chairperson Woodhouse: Part of the plan we did not ever look at the buffer on the west side. Those of us who have made numerous site visits did not anticipate that was going to be a problem. I, for one, could not see your house. I was not aware that there was a problem there. I don't know that even adding more vegetation would solve the problem. I don't know. That was not ever recommended as part of the site plan review. Amv Ford: It never came up as a concern; there was no one here at any of the work session; nothing was ever written in and submitted to the file regarding that; that I have at least. And, like you said, site visits were done, and it was never addressed as a problem. Bruno Semon: So, a suggestion, Madame Chair, would be that there's actually currently on the plan a 12' area that was dedicated to not be built at a use for any reason; is to just have that grow naturally and never be disturbed. That 12' is more than what's required by the Town Code. Under that zoning there is no buffer requirement on the residential, so maintain the 12' and leave it undisturbed. Chairperson Woodhouse: One moment, we're just having a, for those of you who can't hear, there is the recommendation that we consider recommending that there be vinyl slats in the chain link fence that's existing as another way to control some of the light and the noise. Gail Wickham: I know it's getting long, but I want to briefly respond to Bruno's comment, and I Mentioned it myself that there is no code requirement, but we're talking about buffering, between a residential property and a parking lot that's going to hold how many cars? I don't think that the fact that the code didn't specifically address that when they looked at resort residential should limit the Board in how much buffer. That's a pretty meager buffer, 12'. I Southold Town Planning Board Page Twenty September 11, 2006 also didn't hear an answer to how do you control the noise; what about the other locations on the site, and I wasn't going to bring up Cross Sound Ferry, but that's the first thing that came to my mind when I was talking about volume and how many cars are on this site. It seems a big number. I would ask the Board also if you could give us the opportunity to review those prior conditions. If you want to close the hearing, fine, but leave a comment period on those conditions. I would appreciate the opportunity to take a look at it and see if there's any additional information that could be explored. But I just think 12' is a meager buffer that the Board would have the ability to expand if they felt it was appropriate. Pat Moore: I just want to clarify: 12' is the landscape buffer area, the existing natural buffer. We also have 24', which is the aisle width. Again, this is all land banked, and it's all grass and remains for the most part, to look exactly as it is today. It only provides for the parking during two or three months of the year, where it might be an impact. Again, this is summer months when the vegetation is at its fullest. So, the reality is that you have 12 + 24; you have 36' before any vehicle can be parked from the property line. So, it's not right on top, as is being portrayed. Chairperson Woodhouse: The whole thing is grass. Pat Moore: Again, it's a monitored parking. People park by permit there. It's not haphazardly parked. Chairperson Woodhouse: What I hear is; is there any other way, I hear you say that you'd like to start the cars on the south side and keep them as close to the Queen Street as you can. But there really is nothing right now in place to keep cars from going all the way over to the west side and parking there, is what I hear. Is there any way that you could, other than, I mean you might have a.... people coming in aren't going to know your plan to keep the cars in one spot; they're going to see the whole area as open season. Pat Moore: We want to keep the screen; we don't want to put artificial barriers. We could certainly put some kind of identifiers close to 24' where the first car can go, and so identify with buoys, some kind of orange markers, or a stake, or something to indicate where the closest vehicle could go to that west side. Maybe that's the way of doing it; I don't want to put cement barricades because that seems a little harsh for an area that's grass. But we could certainly put in some type of indicator, whether it's a tree or a I don't know; something to identify the closest space..... Georqe Solomon: Well, we could mandate the 24' stay open. Chairperson Woodhouse: It is open; it's grass. Georqe Solomon: I know, but it's not mandated. We could condition it to remain as an island open and no parking in that spot; that would give a 36' buffer from your client's property. It's exactly the way the site plan is, but it's not mandated. Chairperson Woodhouse: I think we're sensitive to the attempts to keep it grass and shrubbery and not pave it and not put concrete barriers and markers; I understand that that's Southold Town Planning Board Page Twenty-One September 11, 2006 what the attempt has been. I think everybody wants it to look more natural and grassy. So I don't think we're saying construct anything that's permanent or unattractive, but to try to keep people clear. Conditioning it to remain open is a good suggestion. Georqe Solomon: I think that with the Board's consideration of this entire site, safety was the most utmost of importance that we took into consideration. We realized that homeowners in the area are impacted, and we took into consideration the impact on your homes as well. We try to mitigate as much of the impact for visual impact from the lot to your homes on Queen Street as well as the safety, taking into consideration the safety of what was going on within the site. It was the Town Board's decision to give them the 186 spots, and it's our Board's decision to make sure that what's going on inside of that campground is safe and doesn't impact the neighborhood as minimally as possible. I think, in my opinion, the way we have laid it out has done both. Chairperson Woodhouse: I think the suggestions of identifying the cars that are there so that you don't have cars parking there which are not authorized by the owners to be parked is a positive suggestion. That would eliminate if there's ferry parking or any other unauthorized people being there. And if it is monitored by someone, that's a good way to pick that up. Clearly, if there's any fire or anything like that, that is a violation and that needs to be reported right away by anybody who sees something like that. I would go along with conditioning that 24' to increasing that area to 36' to keep the cars as far back from Ms. Ellsworth's property as possible. They need to delineate it. You're suggesting it as a condition? Bruno Semon: The condition that I would recommend would be that no parking occurs there, that it is used as instructed on the site plan, but absolutely no parking under any circumstance in that area, and they would have to figure out how to delineate it without impacting the property. Ken Edwards: It's there anyway; they would just have to put something there to delineate so people know. Gail Wickham: And the 12' would be left natural. Georqe Solomon: Without a doubt. Gail Wickham: They'd have to start parking from the south. And we'd condition it on those lights, in the parking lot. Bruno Semon: There's currently no lights shown, Ms. Wickham. Currently no lights shown. It's not on the site plan that's being approved, so there are no lights. Chairperson Woodhouse: You are not being picked up by the recorder, so you would need to Pat Moore: With respect to slats, you have vegetation that's already embedded in the existing fence. Southold Town Planning Board Page Twenty-Two September 11, 2006 Donna Goldstein: If I'm going to put slats; I didn't even know what type of fence it was because the vegetation is so thick. So what's going to happen is we're going to cut down the vegetation if you require us to put the slats. I don't care, but I would love to see it stay green. When we showed you those photos, you can see that there is grass... Chairperson Woodhouse: I think there is agreement; I think the two of you could talk about it outside this meeting; if there is any other things that you could do, because it seems that you're willing to address this issue with your neighbor. Thank you for that. Gail Wickham: My comment was to ask the Board to require that there be no lighting in the parking lot and to buffer 12' of the natural area and the additional 24 as no parking and left, designated with no parking, left open, and parking be designated to commence from the south, limited to occupants or visitors or whatever the correct term is for the campgrounds. Ken Edwards: That's already on the site plan, it just has to be defined by the owners somehow. Bruno Semon: So the Board is aware at this point, unless I am mistaken, that the lights that are currently on the buildings are what's going to remain. There are no additional lights shown on the site plan. Chairperson Woodhouse: Thank you. Is there anyone else who would like to comment on this application? So, we have some conditions that we are going to amend this with. I think that we can, we have a sense of this; we ask that you would trust us that we get the right words on the conditions. I think we all have a sense of what those are, and we cannot obviously write them right this minute, but we will include all of those in the resolutions as we go through them. Ms. Ellsworth, for our record, would you come and state that it's OK with you if we don't put slats in the fence right now? As soon as they are done if you would come up and say that, that would be good. I just want to thank all of you who take the time to come here. Your comments are important to us, and we do try to incorporate the sense of all of you in our work as we are doing it. So, if there are other hearings that take place around things that are in your neighborhood or community, please pay attention to them and come out. It's very important to us. You do a good service for the whole Town by being here. Susan Ellsworth: I just want to say if there's some areas that the vegetation would be disturbed by putting slats in, I am agreeable for those areas not to have slats. But there are some areas maybe that they could still put slats in, I would like to have that be examined first, at least. Chairperson Woodhouse: I think that you and the applicants could talk about that; I think that, if I speak for you, that there is agreement that you would work something out. Southold Town Planning Board Page Twenty-Three September 11 , 2006 Bruno Semon: Madame Chair, the suggestion that I would have is that the 12' area get filled in with shrubbery and let it grow naturally so you don't see the fence. I think it would benefit you more than having the slots which are going to make things more obvious, it's going to stand out, so I would recommend that natural shrubbery be put in opposed to the slots. That fence continues right up to the County Road, correct? And we would not want slots going right up to the County Road on a chain link fence. Susan Ellsworth: I'm agreeable to that; that's fine. Pat Moore: My thought is we supplement where there are bare spots; you don't want, in order, you start landscaping, you see your hedges, you have to take clearing because they die otherwise. So, what we can do is as we see the spots they can be filled in. We'll work it out, but I don't want to have anything so formalized on the plan because you're going to end up with taking shrubbery out in order to put new shrubbery in, and that's, it's not irrigated, it's grown naturally and probably much more heartily, because it's indigenous and grown without a lot of landscaping. Ken Edwards: It sounds to me like both parties are willing to talk about it and come up with an agreement that satisfies both, and I think that's the best solution. Chairperson Woodhouse: Nobody wants to take down any trees or existing shrubbery. Pat Moore: Right. Chairperson Woodhouse: OK. Is there anyone else who would like to address the Board on this application? Lenora Adkins: What's going to be allowed to be marked? Chairperson Woodhouse: My understanding is the second car or vehicle that comes, and boat trailers, trailers for boats. Lenora Adkins: Right now we operate a campground. When we have guests that come, they might be painters, and they might come out with their truck, and they may be there for the weekend as their second vehicle be their work truck. We only authorize parking of vehicles for our guests, our campers and their guests. We don't open this up to parking for anyone that is not otherwise related to the campground. And that's the clearest way I can make it without identifying the type of vehicle, because we don't know what they drive. Presumably what they've driven back and forth is what they would bring and park there. Mvron Goldstein: Within the last two weeks, there was one box truck, and we'd like to explain what that was. There was a bike-a-thon for charity; and an entire group of cyclists rode around for the charity, and that box truck was their supplies: their tents, their camping gear and everything that pertained to them, which we allowed them to stay in our overflow area at no charge. The overflow area is another playground for the people who camp in the back part near the woods. We allowed them to tent in that area, no charge, and the box truck was put out in the front. Southold Town Planning Board Page Twenty-Four September 11 , 2006 Susan Ellsworth: I just want to know if we could start the procedure immediately as far as starting parking on the south side; the 600' piece of land, if you go there now, there are cars right next to my fence. And they're not parking south and then going north. That would help me a lot, because the lights do come through. Pat Moore: We have no problem with that. Gail Wickham: I still don't have an answer to why some of these vehicles can't park on the site or in the alternate location back where winter storage is, or do they have that used by something else that indicates the site is still overcrowded? I haven't heard an answer to that question; I've asked it three times. Donna Goldstein: Have you been to our campgrounds, Ms. Wickham? Gail Wickham: Not recently. Donna Goldstein: OK. Would you come so you could see it and understand what we are talking about. I think you're really getting a wrong vision, and that's really what I would like to say. The area we are talking about that's overflow; what I put there are extra trailers, a trailer breaks down. I have two fire trucks that we give the children a ride on; those fire trucks are there. I have tractors that we use to mow, and our equipment back there. I have a bucket truck, which is how we trim our own trees to keep it safe: that's there. And we have one area for the tenters to be able to come out and play rather than come all the way to the front: that's there. So, that's the overflow area. The prior owner used that for tenters when all the sites were sold. Myron and I made the decision not to do that. We'd never sell that area. When you say why can't we put more than one car on a site, again, if you come to our campground it is very well groomed, it is very clean, and children ride their bicycles very safely. If I start putting more than one car on a site, where do I stop? Two, three, what do I do? So this has been again so that there is some open area so the children can ride their bicycles on the roads safely. That's the reason we have one car per site. Gail Wickham: So the answer is that they want to put the density by the residential neighborhood for the cars and not in the camper area. I think that's the answer. Donna Goldstein: I don't know if you're interpreting that very wrong. But I think that if you realize we're talking 15 days out of the year and there are six months when there are absolutely no cars and there are no cars there today and there were no cars there yesterday. So I think the picture... so it really is not the way you made picture. So if you would come and take a look at it I would appreciate. Thank you. Chairperson Woodhouse: Is there any other person who would like to address the Board? Susan Ellsworth: There seems to be a question whether there are cars there now. Besides that, can we say they will start parking south of the property at least? Georae Solomon: I believe they've already conceded to that. Southold Town Planning Board Page Twenty-Five September 11, 2006 Chairperson Woodhouse: There is agreement to start parking effective immediately on the south part, yes. Pat Moore: Right now, we don't have it segregated, and so we still face the violators that come on. If there's a problem, I welcome you to go see Myron and speak to him because if it's one of our vehicles, we'll control it. If it's an illegal vehicle, all we can do is tow it, and that's not, it usually doesn't happen. The Police Department doesn't really want to deal with (inaudible). So, to the extent, we will do our best, we will start to implement that immediately. But if she sees a car there, rather than call you or call Code Enforcement, tell her to speak to us or my client. Chairperson Woodhouse: Anyone else? Does anyone on the Board have any questions or comments at this point? Hearing none, I am going to entertain a motion to close the hearing. Bruno Semon: So moved. Martin Sidor: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: The hearing is closed. Now I believe we are going to offer some resolutions and there will be some conditions that we understand but we don't have the writing for them right now. Is that correct? Bruno Semon: Yes, and there are many conditions already imposed on the site plan. Chairperson Woodhouse: Are there conditions that you want read into the record? Bruno Semon: No, not at this time. Georqe Solomon: WHEREAS, on May 27, 1975, the Town Board granted a change of zone from "A" Residential and Agricultural District to "M-1" General Multiple Residence District and "A" Residential and Agricultural District to "B" Light Business District; and WHEREAS, on November 9, 1976, the Town Board issued a permit for the "maintenance and operation of a tourist camp to contain not more than 51 units (increasing the original permit on Section I, dated August 12, 1976, from 73 sites to 124 sites)"; and WHEREAS, in 1989 the Town amended the zoning of the subject parcel to Resort Residential; and WHEREAS, this amended site plan is for an 80-space over flow parking lot with a controlled access/egress and new landscaping on a 24-acre parcel in the RR Zone located on the sIsto of County Road 48 at the s/w intersection of County Road 48 and Queen Street/Lane in Greenport. SCTM# 1000-40-3-5; and Southold Town Planning Board Page Twenty -Six September 11, 2006 WHEREAS, Myron and Donna Goldstein are the owners of the property located on the slslo of County Road 48 at the slw intersection of County Road 48 and Queen StreeULane in Greenport; and WHEREAS, on July 5, 2005, the agents, Myron and Donna Goldstein, submitted an amended site plan application for approval; and WHEREAS, on October 1, 2005, the Suffolk County Department of Health Services issued permit number 51-6637 to operate a campground with a 186 site capacity valid for three (3) years; and WHEREAS, on November 16, 2005, the Greenport Fire Department responded requiring a 20' sliding gate be installed at the northern end of the proposed overflow parking area along Queen StreeULane; and WHEREAS, on November 25, 2005, the Suffolk County Department of Planning responded after review and determined this matter is for "local determination as there appears to be no significant county-wide or inter-community impact(s)" and the Planning Board accepts this pursuant to 239L & M General Municipal Law; and WHEREAS, on December 1, 2005, the Architectural Review Committee reviewed the architectural drawings and associated site plan materials and approved the project subject to one recommendation and the Southold Town Planning Board has accepted their approval and considered their recommendation; and WHEREAS, on January 10, 2006, the Southold Town Planning Board, acting under the State Environmental Quality Review Act (6 NYCRR), Part 617.5 c, makes a determination that the proposed action is a Type II and not subject to review; and WHEREAS, on January 17, 2006, the South old Town Building Inspector reviewed and certified the site plan for a "Campground" use; and WHEREAS, on February 10, 2006, the Suffolk County Department of Public Works responded after review and determined a permit is not necessary at this time; and WHEREAS, on February 28,2006, the Southold Town Engineer reviewed the proposed site plan and responded with recommendations and the Planning Board accepts the recommendations and incorporates necessary recommendations as part of this approval; and WHEREAS, on August 17, 2006 a "Bargain and Sale Deed with Covenant Against Grantor's Acts" was signed by Myron W. Goldstein transferring a portion of the subject property to the Town as per the original Tourist Camp Permit and Change of Zone issued by the Town Board; and WHEREAS, on September 11,2006, Chief Darryl F. Volinski of Greenport Fire Department determined no access gate is necessary as "It would not be more difficulUdangerous to Southold Town Planning Board Page Twenty -Seven September 11, 2006 maneuver through the facility in the event that fire-related equipment and/or apparatus was required;" 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. 2. All signs shall meet Southold Town Zoning Codes and shall be subject to approval of the Southold Town Building Inspector. 3. As per the landscape survivability guarantee, the applicant agrees to replace any of the landscaping which dies within three (3) years of planting; be it therefore 4. All handicap parking stalls and access aisles must comply with New York State Code and ADA requirements. RESOLVED, that the South old Town Planning Board has reviewed the proposed action under the policies of the Town of Southold Local Waterfront Revitalization Program and has determined that the action is consistent provided that the best management practices outlined in the April 26, 2006 memo prepared by the LWRP Coordinator are implemented; Chairperson Woodhouse: Second. All in favor? Ayes. Georqe Solomon: and be it further RESOLVED, that pursuant to Southold Town Code 280- 131 Part I, the applicant agrees to incorporate all the requirements, comments, and recommendations of each reviewing agency as referenced above and as indicated on the site plan and corresponding attachments; Chairperson Woodhouse: Second. All in favor? Ayes. Georqe Solomon: and be it further RESOLVED, that the South old Town Planning Board grant approval on the site plan drawings S-1 prepared and certified by Mark A. Schwartz, AlA dated September 8, 2006 and authorize the Chairperson to endorse the site plans with the following conditions: Southold Town Planning Board Page Twenty -Eight September 11 , 2006 1. The completion of the road dedication with the Town to the satisfaction of the Office of the Town Attorney, Town Engineer and Superintendent of Highways. A copy of the filed dedication must be submitted to the Southold Town Planning Department within thirty (30) days of receipt. This requirement must be met within six (6) months of the resolution and if applicant/agent/owner fails to adhere to this requirement within the prescribed time periods, this approval shall become null and void. 2. Keep the proposed 191.3' x 24' new access road leading to the proposed overflow parking lot as grass provided it is maintained and does not pose a safety hazard to patrons of the campground, neighboring property owners or property owned by the Town of Southold. The applicant/agent/owner shall maintain the existing grass and replant, as necessary, in the access road and overflow parking lot. In addition, all drainage must be contained onsite and shall not, at any time, be permitted to enter Queen Street/Lane. The applicant/agent/owner shall mitigate any hazardous conditions that may arise in connection with the access road and overflow parking lot at the direction of and to the satisfaction of the Town Engineer or Superintendent of Highways in the event, in their opinion, it poses a hazard or falls into disrepair. The applicant/agent/owner shall abide by the determination of the Town Engineer or Superintendent of Highways regarding the existing condition or necessity of repair/mitigation. If the applicant/agent/owner fails to adhere to this requirement, this approval shall become null and void. 3. A valid Suffolk County Department of Health Services permit must be maintained and renewed as necessary. 4. The existing vegetation along the western property line extending 295.2' south from County Road 48 must remain in a natural state. A minimum 12' vegetated buffer consisting of trees and shrubs shall be maintained along the western property line adjacent to the proposed overflow parking area. Mowing within this vegetated buffer, as described above, is strictly prohibited. 5. The western travel aisle in the proposed overflow parking area, extending east 24' from the required 12' vegetated buffer, as described above, shall be used for vehicular circulation only and parking is strictly prohibited within this 24' aisle. 6. Every attempt should be made to fill the parking spaces in the southeast corner of the proposed parking lot first, moving north and west as necessary. 7. 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. 8. Prior to the request for the Certificate of Occupancy, if required, the owner or authorized agent must request, in writing, 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. Southold Town Planning Board Page Twenty -Nine September 11, 2006 9. The applicant/agent/owner must submit, in writing, a request for an on-site inspection prior to the expiration of this resolution. Prior to the request for an on- site inspection, the applicant/agent/owner must submit a copy of all required approvals from any necessary agencies to the Southold Town Planning Department. 1 O.lf the as-built site improvements vary from the approved amended site plan, the Planning Board reserves the right to request a certified as-built site plan detailing all the changes. 11.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. 12. The Planning Board agrees that no additional lighting will be required in the proposed overflow parking area at this time. Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion carries. At the next public meeting we will state what those conditions are for the record, so that we have them in the record, OK? ****************************** Hearings Held Over from Previous Meetings: Charnews, Daniel & Stephanie: This proposal is to subdivide a 23.4004-acre parcel into two lots where Lot 1 equals 3.0 acres and Lot 2 equals 20.4004 acres. The property is located on the wlslo Youngs Avenue and the elslo Horton Lane, approximately 375' slo CR 48 in Southold. SCTM#1000-63-1-25 Chairperson Woodhouse: BE IT RESOLVED, that the Southold Town Planning Board hereby holds open the public hearing for the Charnews Subdivision. Georqe Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? And that motion carries. Southold Town Planning Board Page Thirty September 11, 2006 CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE- SUBDIVISIONS (Lot Line Changes) Final Determinations: Caselnova. Ralph & Catherine: Proposal is to subdivide a 15.68-acre parcel into three lots where Lot 1 equals 2.0034 acres, Lot 2 equals 2.3518 acres and Lot 3 equals 11.3226 acres upon which the development rights have been sold to Suffolk County. The property is located on the nlslo NYS Route 25, approximately 1,740 feet wlo Browns Hill Road in Orient. SCTM #'s 1000-18-3-9.8 & 9.9 Chairperson Woodhouse: WHEREAS, this proposal is to subdivide a 15.68-acre parcel into three lots where Lot 1 equals 2.0034 acres, Lot 2 equals 2.3518 acres and Lot 3 equals 11.3226 acres upon which the development rights have been sold to Suffolk County; and WHEREAS, the Southold Town Planning Board granted conditional sketch approval on by resolution dated September 13, 2005; and WHEREAS, on March 13,2006, the Southold Town Planning Board hereby granted conditional preliminary plat approval upon the map prepared by John T. Metzger, L.S. dated February 12, 2003 and last revised on January 28,2005; and WHEREAS, on June 27, 2006, the applicant submitted the application for final plat approval along with the final subdivision map containing the Health Department stamp of approval; and WHEREAS, on July 14, 2006, the applicant submitted a copy of the recorded Declaration of Covenants and Restrictions; and WHEREAS, on August 11,2006, the Southold Town Planning Board received a letter from the Orient Fire District dated August 9, 2006 indicating that the property has sufficient clearance to allow emergency vehicles to enter the property in event of a fire or rescue emergency; be it therefore RESOLVED, that the Southold Town Planning Board find that all of the conditions of conditional preliminary plat approval have been satisfied and therefore grants Final Plat Approval upon the plat prepared by John T. Metzger, L.S. dated February 12, 2003 and last revised on January 28, 2005 and authorizes the Chairperson to endorse the final maps. Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: That motion carries. Southold Town Planning Board Page Thirty-One September 11 , 2006 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#1000-100-2-3 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, an application for sketch approval was submitted to the Planning Board on May 6, 2005; and WHEREAS, the Southold Planning Board granted sketch approval and issued a Negative Declaration pursuant to SEQRA on August 8, 2005 upon the map prepared by John T. Metzger, L.S. dated February 24, 2005; and WHEREAS, an application for preliminary plat approval was submitted to the Planning Board on September 12, 2005; 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, on August 29, 2006, the applicant submitted the application and fee for final plat approval, one (1) copy of the recorded Declaration of Covenants and Restrictions, and five (5) mylars and eight (8) paper prints of the final map prepared by John T. Metzger dated February 24, 2005 and last revised on July 20, 2006, each containing the Health Department stamp of approval; and WHEREAS, the Southold Town Planning Board finds that the final map is in substantial agreement with the preliminary map and therefore waives the final public hearing for this project; and WHEREAS, the Southold Town Planning Board finds that all of the conditions of preliminary plat approval have been satisfied; be it therefore RESOLVED, that the Southold Town Planning Board hereby grant Final Plat Approval upon the plat prepared by John T. Metzger dated February 24,2005 and last revised on July 20, 2006, and authorize the Chairperson to endorse the maps. Georae Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: That motion carries. Southold Town Planning Board Page Thirty-Two September 11 , 2006 Setting of Final Hearings: Oreaon LLC/Morrell, LLC: This proposal is for a Conservation Subdivision of a 52.91 acre parcel, inclusive of SCTM#1000-83-2-11.5 and SCTM#1000-83-2-12, into 7 lots where Lot 1 equals 80,143 sq. ft., Lot 2 equals 84,221 sq. ft., Lot 3 equals 80,195 sq. ft., Lot 4 equals 28.46 acres upon which the Development Rights are proposed to be sold to Suffolk County, Lot 5 equals 80,103 sq.ft., Lot 6 equals 81,283 sq.ft., Lot 7 equals 11.66 acres upon which the Development Rights are proposed to be sold to Suffolk County, and Lot 8 equals 40,020 sq.ft. The property is located on the n/e corner of Dignan's Road and Oregon Road in Cutchogue. SCTM#'s 1000-2-11.5 & 12 Joe Townsend: WHEREAS, the proposed action will subdivide a 52.91 acre parcel, inclusive of SCTM#1000-83-2-11.5 and SCTM#1000-83-2-12, into 7 lots where Lot 1 equals 80,143 sq. ft., Lot 2 equals 84,221 sq. ft., Lot 3 equals 80,195 sq. ft., Lot 4 equals 29.14 acres which includes 28.22 acres proposed for Development Rights Sale to the County of Suffolk and a 40,020 sq. ft. building envelope, Lot 5 equals 80,112 sq. ft., Lot 6 equals 80,698 sq. ft. and Lot 7 equals 12.17 acres and is proposed for a Development Rights Sale to the County of Suffolk; and WHEREAS, the Southold Town Planning Board granted conditional sketch plan approval by resolution, dated August 10, 2004, on the plat dated as last revised on June 30, 2004; and WHEREAS, the Southold Town Planning Board granted conditional preliminary approval by resolution dated November 9, 2004 on the plat dated June 30, 2004; and WHEREAS, on June 15, 2006 the applicant submitted five (5) mylars and eight (8) paper prints of the final plat prepared by Joseph A. Ingegno, L.S. February 26, 2004 and last revised February 21, 2006; be it therefore RESOLVED, that the Southold Town Planning Board set Monday, October 16, 2006 at 6:00 p.m. for a final public hearing on the maps prepared by Joseph A. Ingegno, L.S. February 26, 2004 and last revised February 21, 2006. Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That hearing is set. *********************************** Southold Town Planning Board Page Thirty-Three September 11, 2006 Badenchini. Luiai: This proposed is for a clustered conservation subdivision of a 32.73-acre parcel into 5 lots where Lot 1 equals 2.07 acres; Lot 2 equals 4.37 acres, inclusive of a 2.36- acre right-of-way; Lot 3 equals 1.18 acres; Lot 4 equals 1.24 acres and Lot 5 equals 23.75 acres upon which the development rights are proposed to be sold to the Town of Southold. The property is located on the nlslo Oregon Road, approximately 135' wlo Alvah's Lane, in Cutchogue. SCTM#1000-95-1-5 Martin Sidor: WHEREAS, this proposed clustered conservation subdivision is to subdivide a 32.73-acre parcel into 5 lots where Lot 1 equals 2.07 acres; Lot 2 equals 4.37 acres, inclusive of a 2.36 acre right-of-way; Lot 3 equals 1.18 acres; Lot 4 equals 1.24 acres and Lot 5 equals 23.75 acres upon which the Development Rights are proposed to be sold to the Town of Southold; and WHEREAS, on November 8, 2004, the Southold Town Planning Board granted conditional sketch approval upon the map prepared Anthony Abruzzo, L.S. dated October 30, 2003 and last revised on June 11, 2004; and WHEREAS, on August 30, 2006, the applicant submitted one (1) copy of the Health Department approval for this project; and WHEREAS, on September 6, 2006, the applicant submitted the application and fee for final plat approval, the park and playground fee in the amount of $10,500, one (1) copy of the filed Declaration of Covenants and Restrictions, 16 copies of the final plat and one (1) Irrevocable Letter of Credit in the amount $308,024.24; be it therefore RESOLVED, that the Southold Town Planning Board hereby accepts the Irrevocable Letter of Credit number 060831 in the amount of $308,024.24 and recommends same to the Town Board; Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Martin Sidor: and be it further RESOLVED, that the Southold Town Planning Board set Monday, October 16, 2006 at 6:05 p.m. for a final public hearing on the maps prepared by Jeffrey T. Butler dated March 22, 2006 and last revised on June 13, 2006. Joe Townsend: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion carries. Southold Town Planning Board Page Thirty-Four September 11, 2006 Youna. J. Mvron at al.: This proposal is for a Conservation Subdivision of a 21.7837-acre parcel into two lots where Lot 1 is 10.6837 acres and is proposed for acquisition by the Town of Southold for open space purposes, and Lot 2 is 11.1 acres upon which the Development Rights have been sold to the Town. The property is located on the nlslo Main Road, approx. 1422' elo Aldrich Lane in Laurel. SCTM#'s1000-125-1-6.3 & 6.4 Chairperson Woodhouse: WHEREAS, this proposal is for a Conservation Subdivision of a 21.7837-acre parcel into two lots where Lot 1 is 10.6837 acres and is proposed for to be acquired by the Town of Southold for Open Space purposes, and Lot 2 is 11.1 acres upon which the Development Rights have been sold to the Town of Southold; and WHEREAS, this proposal is a full preservation project with no new residential lots being created; be it therefore RESOLVED. that because the parcel is being perpetually preserved and will have no residential development potential, the Southold Town Planning Board hereby waives the Existing Resources and Site Analysis Plan (ERSAP) for this project; Joe Townsend: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: and be it further RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, do an uncoordinated review of this Unlisted Action. The Planning Board establishes itself as lead agency and, as lead agency, makes a determination of non- significance and grants a Negative Declaration; Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: and be it further RESOLVED, that the Southold Town Planning Board hereby set Monday, October 16, 2006 at 6:10 p.m. for a final public hearing on the maps prepared by John 1. Metzger, L.S. dated August 16, 2006; Joe Townsend: Second. Chairperson Woodhouse: All in favor? Ayes. Southold Town Planning Board Page Thirty-Five September 11, 2006 Chairperson Woodhouse: and be it further RESOLVED, that the Southold Town Planning Board hereby grant Sketch Approval on the maps prepared by John T. Metzger, L.S. dated August 16, 2006, subject to the following condition: Submission of five (5) mylars and eight (8) paper prints of the final map each containing the Health Department stamp of approval. In the event the Health Department approval is not required. this condition shall become null and void. Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Motion carries. Thank you. ******************************************* Conditional Sketch Determinations: Bavberry Estates: This proposal is for a Standard Subdivision of 50.0609 acres into 18 lots and two (2) open space parcels, where the lots range from 30,000 sq.ft. to 30,248 sq.ft., with the open space parcels totaling 25.0661 acres, excluding the wetlands. The property is located on the wlslo Laurel Avenue, approximately 150' slo Yennecott Drive in Southold. SCTM#'s1000-55-6-35 & 36; 56-1-1 Georqe Solomon: WHEREAS, this proposal is for a Standard Subdivision to subdivide 50.0609 acres into 18 lots and two (2) open space parcels, where the lots range in size from 30,000 square feet to 30,248 square feet, with the open space parcels totaling 25.0661 acres excluding the wetlands; and WHEREAS, an application for sketch approval was submitted on March 17,2006 including the Yield Map showing 18 lots prepared by Howard W. Young, L.S. dated June 13, 2005 and the Existing Resources and Site Analysis Plan prepared by Howard Young, L.S. dated January 30,2006; and WHEREAS, on May 2,2006, the applicant submitted a sketch plan prepared by Howard W, Young, L.S. dated April 5, 2006; be it therefore RESOLVED, that the Southold Town Planning Board start the SEQRA coordination for this unlisted action; Joe Townsend: Second. Chairperson Woodhouse: All in favor? Southold Town Planning Board Page Thirty-Six September 11, 2006 Ayes. Chairperson Woodhouse: Opposed? Georqe Solomon: and be it further RESOLVED, that the Southold Town Planning Board accepts the Existing Resources and Site Analysis Plan prepared Howard Young, L.S. dated January 30,2006, pursuant to Section 240-10(A) of the Southold Town Code; Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Unanimous. Georqe Solomon: and be it further RESOLVED, that the South old Town Planning Board finds that this proposal for 18 lots is subject to the affordable housing provisions and that a minimum of 5 (five) lots be set aside as moderate-income family dwelling units (MIFDU) pursuant to Section 240-1 O(B)(c) of the Southold Town Code; Joe Townsend: Second. Chairperson Woodhouse: All in favor? Ayes. Georqe Solomon: and be it further RESOLVED, that the Southold Town Planning Board accepts the yield of 18 lots and finds that the Yield Map requirement pursuant to Section 240- 1 O(B) of the Southold Town Code has been satisfied by the Yield Map prepared by Howard W. Young, L.S. dated June 13, 2005; Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? The motion carries. Georqe Solomon: and be it further RESOLVED, that the applicant has opted "buy down" the affordable housing requirements and provide a minimum of ten (10) percent affordable units (two lots) pursuant to Section 240-10B(c)[2][a] of the Town Code; Joe Townsend: Second. Chairperson Woodhouse: All in favor? Southold Town Planning Board Page Thirty-Seven September 11, 2006 Ayes. Georae Solomon: and be it further RESOLVED, that the Southold Town Planning Board hereby grant Sketch Approval upon the map prepared by Howard W, Young, L.S. dated April 5, 2006, subject to the following conditions: 1. Submission of the application and fee for preliminary plat approval. The preliminary map shall contain all of the required information pursuant to Section 240-17 of the Southold Town Code. The final location of the affordable lots has not vet been approved bv the Plannina Board. 2. Submission of preliminary Road and Drainage Plans. 3. Submission of draft Declaration of Covenants and Restrictions. Specific details regarding the required clauses will be determined during the on-going subdivision review process. 4. Submission of a Letter of Water Availability from the Suffolk County Water Authority. 5. Submission of a permit or letter of non-jurisdiction from the Town Trustees and the New York State Department of Environmental Conservation. 6. Determination from the Planning Board as to the ownership and use of the proposed open space areas. 7. Submission of a draft Open Space Easement for the proposed open space parcels. Specific details regarding the easement shall be negotiated with the Planning Board as the application continues to be processed. 8. Review by the Town of Southold LWRP Coordinator. 9. Submission of a Phase 1 Archaeological Survey. 10. Other submission materials as may be required by the Planning Board when a more a detailed review occurs, including the SEQRA review. Martin Sidor: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion carries. *********************************** Southold Town Planning Board Page Thirty-Eight September 11, 2006 GuadaQno, Patrick: This proposal is for a standard subdivision of 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. The property is located on the nlslo Orchard Street, approx. 1,008' wlo Platt Road in Orient. SCTM#1 000-27-1-2 Chairperson Woodhouse: 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 included the submission of a Yield Map prepared by Inter-Science Research Associates, Inc. dated last revised May 31,2006, an aerialltax map overlay prepared by Inter-Science Research Associates, Inc. dated May 9, 2005 and the sketch plan prepared John C. Ehlers, L.S. dated December 8, 2005 and last revised on March 8, 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; and WHEREAS, the Planning Board initiated the SEQRA lead agency coordination for this project on August 15, 2006; be it therefore RESOLVED, that the Southold Town Planning Board finds that the information shown on the sketch plan and the aerialltax map overlay satisfies the Existing Resources and Site Analysis Plan (ERSAP) requirement pursuant to Section 240-1 O(A) of the Southold Town Code; Joe Townsend: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion carries. And be it further RESOLVED, that the Southold Town Planning Board finds that the proposal for two (2) lots is not subject to the affordable housing provisions pursuant to Section 240-10(B)(c) of the Southold 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 Sketch Approval upon the map prepared by John C. Ehlers, L.S. dated December 8, 2005 and last revised on March 8, 2006, subject to the following conditions: 1. Submission of the application and fee for Preliminary Plat Approval. Southold Town Planning Board Page Thirty-Nine September 11, 2006 2. Submission of a new Yield Map prepared and certified by a licensed Surveyor or Engineer. 3. Submission of the preliminary map, containing the following revisions: a. The title of the map shall read "Standard Subdivision for the Property of Patrick Guadagno." b. The building envelopes for each lot should be based on the bulk schedule requirements for non-conforming lots pursuant to Section 280-124(B) of the Southold Town Code. c. Show a 20'-wide flag strip on Lot 2. d. All Covenants and Restriction shall be shown on the map. 4. Submission of draft Declaration of Covenants and Restrictions containing the following clauses: a. Access to Lot 2 shall be from a private driveway within the 20'-wide flag strip shown on the approved subdivision map. b. The principal structure for each lot must be located within the principal building envelopes shown on the approved map. c. No residential structures may be located within the Agricultural Easement area shown on the approved map. d. Simultaneously herewith the Declarant is executing an Agricultural Easement for the open space area pursuant to Section 240-44(C) of the Town Code, to be recorded simultaneously herewith. e. Future residents of the lots on the approved subdivision map are advised that the lots are subject to the noise, dust and odors normally associated with agricultural activities pursuant to Article XXII, Farmland Bill of Rights, of the Southold Town Code. f. No further subdivision of any of the lots on the approved subdivision map in perpetuity. g. No changes to any of the lot lines without Planning Board approval. h. All storm water runoff resulting from the development of any or all of the lots on the subdivision map shall be retained on site and shall be the responsibility of each property owner. i. Prior to any construction activity on Lots 1 and 2 , the project will require a General Permit for the storm water runoff from construction activity (GP-02-01) administered by the New York State Department of Environmental Conservation, under Phase II State Pollutant Discharge Elimination System. 5. Submission of a draft Agricultural/Open Space Easement. 6. Submission of the Park and Playground Fee in the amount of $7,000. This fee is payable prior to the endorsement of the final subdivision plat. Joe Townsend: Second. Chairperson Woodhouse: All in favor? Southold Town Planning Board Page Forty September 11, 2006 Ayes. Chairperson Woodhouse: Opposed? That motion carries. ******************************** Scott. John: Proposal is to subdivide a 6.5539-acre parcel into three lots where Lot 1 equals 80,000 s.1., Lot 2 equals 80,010 s.1. and Lot 3 equals 82,932 s.1. in the R-80 Zoning District. The property is located on the elslo Wells Road and the slslo Main Road, elo Peconic Lane in Peconic. SCTM#1000-75-6-3 Joe Townsend: WHEREAS, this proposal is to subdivide a 6.5539-acre parcel into three lots where Lot 1 equals 80,000 s.1., Lot 2 equals 80,010 s.1. and Lot 3 equals 82,932 s.1. in the R- 80 Zoning District.; and WHEREAS, an application for sketch approval was submitted on January 6, 2006, including the sketch plan prepared by Howard W. Young, L.S. dated June 1, 2005 and last revised December 11, 2005 and the Existing Resources and Site Analysis Plan prepared by Howard Young, L.S. dated April 13, 2005 and last revised on December 11,2005; and WHEREAS, the Southold Town Planning Board started the SEQR lead agency coordination process for this unlisted action on February 14, 2006; and WHEREAS, on June 7, 2006 the applicant submitted a revised ERSAP prepared by Howard W. Young, L.S. dated April 13, 2005 and last revised on April 21, 2006, and a Visual Impact Analysis including photographs taken from a number of locations around the subject property; be it therefore RESOLVED, that the South old Town Planning Board accepts the Existing Resources and Site Analysis Plan prepared by Howard W. Young, L.S. dated April 13, 2005 and last revised on April 21, 2006, pursuant to Section 240-10(A) of the Southold Town Code; Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion carries. Joe Townsend: and be it further RESOLVED, that the Southold Town Planning Board finds that this proposal for three (3) lots is not subject to the affordable housing provisions pursuant to Section 240-1 O(B)(C) of the South old Town Code; Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Southold Town Planning Board Page Forty-One September 11, 2006 Ayes. Chairperson Woodhouse: Opposed? The motion carries. Joe Townsend: and be it further RESOLVED, that the Southold Town Planning Board accepts the yield of three (3) lots and finds that the Yield Map requirement pursuant to Section 240- 1 O(B) of the Southold Town Code has been satisfied by the sketch plan prepared by Howard W. Young, L.S. dated June 1, 2005 and last revised December 11, 2005, which shows three conforming lots excluding areas of unbuildable lands; Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion carries. Joe Townsend: and be it further RESOLVED, that the Southold Town Planning Board hereby grant Sketch Approval upon the map prepared by Howard W. Young, L.S. dated June 1, 2005 and last revised December 11, 2005, subject to the following conditions: 1. Submission of the application and fee for preliminary plat approval. The preliminary map shall contain the following revisions: b) The title of the map shall read "Standard Subdivision for the property of John Scott." c) Show test hole data. d) Show a 100'-wide non-disturbance/non-fertilization buffer from the edge of wetlands. e) Show the FEMA Flood Zone data. f) Provide the clearing calculations for each lot pursuant to Section 240-49(C) of the Town Code. Show said limits of clearing for each lot. g) Show the location of the water mains in Main Road (NYS Route 25) and Wells Road, if any. h) Show vegetative buffers along Main Road and Wells Road. Indicate the buffer areas shall be planted will vegetation as approved by the Planning Board and shall remain undisturbed and free of structures, with the exception of driveways. 2. Submission of draft Declaration of Covenants and Restrictions containing the following clauses: a. Indicate the amount of clearing for each of the lots pursuant to Section 240- 46(C) of the Town Code. b. No further subdivision of any of the lots on the approved subdivision map, in perpetuity. c. No changes to any of the lot lines without Planning Board approval. d. Lot 1, 2 & 3 are subject to a 100'-wide non-disturbance buffer as shown on the approved map. No clearing, grading or other ground disturbance within said Southold Town Planning Board Page Forty-Two September 11 , 2006 100' buffer shall be permitted except that access to Richmond Creek shall be permitted, subject to approval by the appropriate regulatory agencies. e. All storm water runoff resulting from the development of any of the lots on the subdivision map shall be retained on site and shall be the responsibility of each property owner. f. No storm water runoff resulting from the development and improvement of the subdivision of any of its lots shall be discharged into the wetlands or Richmond Creek in any manner. 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 South old 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. 3. Submission of a Letter of Water Availability from the Suffolk County Water Authority. 4. Submission of a permit or letter of non-jurisdiction from the Town Trustees and the New York State Department of Environmental Conservation. 5. Submission of a Phase 1 Archaeological Survey. 6. Submission of the park and playground fee in the amount of $14,000 ($7,000 for each new lot created). Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion carries. ************************************* Southold Town Planning Board Page Forty-Three September 11, 2006 CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE- SUBDIVISIONS (Lot Line Changes) - STATE ENVIRONMENTAL QUALITY REVIEW ACT Lead Agency Coordination: Ghassemi. Sv & Catherine: This proposal is for a Conservation Subdivision of 31.0137 acres into four lots where Lot 1 equals 25.7355 acres upon which the Development Rights are proposed to be sold to Suffolk County; Lot 2 equals 2.379 acres, Lot 3 equals 2.6488 acres and Lot 4 equals 1 acre. The property is located on the nlslo NYS Route 25, approximately 831' wlo Rocky Point Road in East Marion. SCTM#1000-31-1-1.2 Ken Edwards: WHEREAS, this proposal is for a Conservation Subdivision to subdivide 31.0137 acres into four lots where Lot 1 equals 25.7355 acres, upon which the Development Rights are proposed to be sold to Suffolk County, Lot 2 equals 2.379 acres, Lot 3 equals 2.6488 acres and Lot 4 equals 1 acre, in the R-80 Zoning District; and WHEREAS, an application for sketch approval was submitted on June 30, 2006, including the sketch plan prepared by John T. Metzger, dated April 21, 2005; and WHEREAS, the South old Town Planning Board reviewed this application at their work session on September 5, 2006; and WHEREAS, the proposal meets the conservation subdivision criteria and is hereby classified as a Conservation Subdivision; be it therefore RESOLVED, that the Southold Town Planning Board start the SEQR lead agency coordination process for this unlisted action. Joe Townsend: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion carries. ********************************* Southold Town Planning Board Page Forty-Four September 11 , 2006 SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Type II Actions: Shinn Winery: This new site plan is for the as-built construction of four (4) buildings including a 1,646 sq. ft. wine making and wine tasting building with 336.3 sq. ft. of deck, a 2,730 sq. ft. wine storage barn, an 884.1 sq. ft. accessory storage building and a 206.1' sq. foot frame shed, and existing approved single family dwelling with a bed and breakfast on a 53,078 sq. ft. parcel in the Agricultural Conservation District located on the slslo Oregon Road, 1,162.35' elo Mill Lane in Mattituck. SCTM#1 000-1 00-4-3.1 Ken Edwards: WHEREAS, this new site plan is for the as-built construction of four (4) buildings including a 1,646 sq. ft. wine making and wine tasting building with 336.3 sq. ft. of deck, a 2,730 sq. ft. wine storage barn, a 884.1 sq. ft. accessory storage building and a 206.1' sq. foot frame shed, and existing approved single family dwelling with a bed and breakfast on a 53,078 sq. ft. parcel in the Agricultural Conservation District located on the slslo Oregon Road, 1,162.35' elo Mill Lane in Mattituck. SCTM #: 1000-100-4-3.1; be it therefore RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act (6 NYCRR), Part 617.5 c (2), makes a determination that the proposed action is a Type II and not subject to review. Joe Townsend: Second. Chairperson Woodhouse: All in favor? Ayes. ************************************************* North Fork Custom AudioNideo: This amended site plan is for alteration of an existing building of 1,785 sq. ft. on a 1.16-acre parcel in the B Zone located on the nlslo New York State Road 25, approximately 4,755' elo Aldrich Lane, in Mattituck. SCTM#1000-125-1-19.7 Ken Edwards: WHEREAS, this amended site plan is for the proposed new construction of a 2,520 square foot 1 story building for warehouselstorage which includes a site plan change in parking to 26 required spaces, 29 provided on 1.1645 acres in the General Business Zone located on the nlslo New York State Road 25, approximately 250' wlo Laurel Trail known as 6619 Main Road in Mattituck. SCTM #: 1000-125-1-19.7; be it therefore RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act (6 NYCRR), Part 617.5 c (7), makes a determination that the proposed action is a Type II and not subject to review. Chairperson Woodhouse: Second. All in favor? Southold Town Planning Board Page Forty-Five September 11, 2006 Ayes. Chairperson Woodhouse: Opposed? Motion carries. ************************** Unlisted Actions: Cinaular Wireless/MGH Enterprises: This site plan is for new construction of a 100' monopole cellular communication tower with Cingular locating antennas at 97'-0" and 87'-0" internally mounted in the tower, the site includes an existing boat marina and restaurant on 4.7 acres parcel in the M-II Zoning District located approximately 537' e/o Cedar Birch Lane on the s/s/ol New York State Rte.25 in Orient. SCTM# 1000-15-9-8 Ken Edwards: WHEREAS, the applicant proposes a site plan for new construction of a 100' monopole cellular communication tower with Cingular locating antennas at 97'-0" and 87'-0" internally mounted in the tower, the site includes an existing boat marina and restaurant on 4.7 acres parcel in the Mil Zoning District located approximately 537' e/o Cedar Birch Lane on the s/s/o/ New York State Route 25 in Orient SCTM#1000-15-9-8; and WHEREAS, on May 11, 2006, the Southold Town Building Department issued a notice of disapproval indicating the proposed construction "requires special exception from the Southold Town Zoning Board of Appeals and site plan approval from the South old Town Planning Board"; and WHEREAS, on July 7, 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. *************************** Southold Town Planning Board Page Forty-Six September 11, 2006 Determinations: 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 nlslo NYS Route 25 approximately 494' wlo Stars Road in E. Marion. SCTM# 1000-31-3-11.31 Joe Townsend: 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 nlslo NYS Route 25 approximately 494' wlo 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 South old 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 nlslo NYS Route 25 approximately 494' wlo Stars Road in East Marion. SCTM# 1000-31-3-11.31; and WHEREAS, on August 15, 2006, the Southold Town Planning Board, acting under the State Environmental Quality Review Act, pursuant to 6 NYCRR Part 617, established itself as lead agency and continued to review this Unlisted action as revised by the new agent; be it therefore RESOLVED that, on September 11,2006, the Southold Town Planning Board, acting under the State Environmental Quality Review Act, performed a coordinated review of this Unlisted Action, and as lead agency makes a determination of non-significance and grants a Negative Declaration. Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Southold Town Planning Board Page Forty-Seven September 11, 2006 Ayes. Chairperson Woodhouse: Opposed? That motion carries. ********************************** 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, with 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; all on a 18.7115-acre parcel in the M-II Zone located approximately 3,278 ft. slo NYS Road 25 at the sle end of Shipyard Lane known as 2835 Shipyard Lane in East Marion. SCTM #1000-38-7-7.1 WHEREAS, this proposed action requires a special exception and site plan to construct a holistic health center with a total of 114 transient motel rooms consisting of 23 guest lodges totaling 87 accessory motel units (14 lodges containing 3 unit motel rooms & 9 guest lodges containing 5 unit motel rooms). The remaining 27 motel units are to be located in the main spa building along with a 185 seat restaurant (103 private guest seats, 72 public guest seats), 10 public bar seats, office space, retail gift shop, 27 personal service treatment suites and accessory uses. The proposed action also involves a 3,864 sq. ft. private restaurant annex with 45-99 private guest seats and a covered 758 sq. ft. deck, 1,987 sq. ft. manager's residence with a 687 sq. ft. deck, pool, a 7,205 sq. ft. maintenance and utility building, a sanitary waste treatment facility, 1,160 sq. ft. for three (3) gazebos, man-made water features, replacement of the existing bulkhead, dredging of the 16 slip private marina basin, and various outdoor amenities on a 18.7 acre 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, and Chairperson Woodhouse: WHEREAS, on July 11, 2006, the Southold Town Planning Board, pursuant to Part 617, Article 6 of the Environmental Conservation Law acting under the State Environmental Quality Review Act, initiated the SEQR lead agency coordination process for this Type I action pursuant to Part 617.4 (b) (6) (i); and WHEREAS, on August 14, 2006, the Southold Town Planning Board assumed lead agency for this Type I action; be it therefore RESOLVED, on September 11, 2006, the Southold Town Planning Board, as lead agency, has reviewed the project and prepared a determination of significance; Joe Townsend: Second. Chairperson Woodhouse: All in favor? Southold Town Planning Board Page Forty-Eight September 11, 2006 Ayes. Chairperson Woodhouse: and be it further RESOLVED, that because the proposed action may have a significant impact on the environment the Town of South old Planning Board hereby adopts a Positive Declaration for the proposed action; Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: and be it further RESOLVED, that pursuant to Article 617.8, scoping will be required for the action; Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: and be it further RESOLVED, pursuant to Article 617.13 of the 6NYCC, Part 617 State Environmental Quality Review Act, the applicant will be financially responsible for costs incurred for the review and website posting of the draft and final Environmental Impact Statements by the Town of Southold. Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: The motion is carried. **************************** OTHER APPROVAL OF PLANNING BOARD MINUTES Chairperson Woodhouse: I will entertain a motion to approve the following minutes of Special Planning Board Meetings: . September 26, 2005 October 24, 2005 July 24, 2006 . . Southold Town Planning Board Page Forty-Nine September 11, 2006 Martin Sidor: So moved. Georqe Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: The minutes are approved. I will entertain a motion to adjourn. Joe Townsend: So moved. Georqe Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: This meeting is adjourned. Thank you very much, gentlemen. Mark Terrv: Thanks, Carol, great job! *********************************** There being no further business to come before the Board, the meeting was adjourned at 7:32 p.m. Respectfully submitted, ~~ Linda Randolph Secretary ,LkJ~ . Woodhouse, Chairperson