Loading...
HomeMy WebLinkAboutPB-11/13/2006 KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND MAIliNG ADDRESS: P.O. Bax 1179 Sauthald, NY 11971 PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair OFFICE WCATION: Town Hall Annex 54375 State Raute 25 (car. Main Rd. & Yaungs Ave.) Sauthald, NY Telephone: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTH OLD PUBLIC MEETING MINUTES November 13,2006 6:00 p.m. Present were: Jerilyn B. Woodhouse, Chairperson Kenneth L. Edwards, Member Martin H. Sidor, Member George D. Solomon, Member Joseph L. Townsend, Member Amy Ford, Senior Planner Bruno Semon, Senior Site Plan Reviewer Mark Terry, Senior EnvironmentalPlanner Anthony Trezza, Senior Planner Linda Randolph, Secretary SETTING OF THE NEXT PLANNING BOARD MEETING Chairperson Woodhouse: Good evening and welcome to the November 13 meeting of the Southold Town Planning Board. For our first order of business, I will entertain a motion to set Monday, December 11, 2006 at 6:00 p.m. at the Southold Town Hall, Main Road, Southold, as the time and place for the next regular Planning Board Meeting. Joseph Townsend: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: That motion carries. Tonight we have a number of public hearings, so there will be opportunities for the public to address the Board. I ask that when you want to speak to the Board, you come up to either of the two microphones located up here. There is a piece of paper and a pen and place for you to print your name clearly so that when we transcribe the records we will have an accurate count as to who is here and the spelling of your name. Southold Town Planning Board Page Two November 13, 2006 PUBLIC HEARINGS 6:00 p.m. - Brokaw. Bennett: This proposal is to subdivide a 4.997-acre parcel into two lots where Lot 1 equals 80,000 square feet and is currently improved with a single-family residence and metal garage, and Lot 2 equals 137,665 square feet, inclusive of the 5,200 square foot flag strip., located on the slslo Bergen Avenue approximately 1,299' wlo Cox Neck Road in Mattituck, SCTM# 1000-113-7-1.1. Chairperson Woodhouse: Is there anyone here who would like to address the Board on this application? Bill Lindsav: I am the neighbor of the property on the east side of the subdivision, and I have no objection to it. But I would like to say that when there's a subdivision in an agricultural neighborhood, be it large or small, bear in mind it brings noise, farm dust and late working hours. Anthonv Trezza: We put the "right to farm" language in the Covenants & Restrictions even on a small property like that so the property owners are put on notice of said practices. Chairperson Woodhouse: Is there anyone else who would like to speak to the Board on this application? Hearing none, I will entertain a motion to close the hearing. Georqe Solomon: So moved. Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: The motion carries. Mr. Edwards, would you please read the resolution? Ken Edwards: I would like to entertain the following resolution: WHEREAS, this proposal is to subdivide a 4.997-acre parcel into two lots where Lot 1 equals 80,000 square feet and is currently improved with a single-family residence and metal garage, and Lot 2 equals 137,665 square feet, inclusive of the 5,200 square foot flag strip; and Southold Town Planning Board Page Three November 13, 2006 WHEREAS, on June 12,2006, the South old Town Planning Board granted conditional sketch approval upon map prepared by Joseph A. Ingegno, L.S. dated September 3, 1999 and last revised on May 3,2006; and WHEREAS, on July 18, 2006, the applicant submitted an application and fee for Preliminary Plat Approval, a copy of the draft Declaration of Covenants and Restrictions and the revised subdivision map prepared by Joseph A. Ingegno, L.S. dated September 3, 1999 and last revised on June 21 , 2006; and WHEREAS, the Southold Town Planning Board reviewed the preliminary submission at their work session on August 7,2006; and WHEREAS, on August 13, 2006, the Southold Town Planning Board granted a Negative Declaration for the proposed action pursuant to SEQRA; be it therefore RESOLVED, that the Southold Town Planning Board hereby grant Preliminary Plat Approval on the map prepared by Joseph A. Ingegno, L.S. dated September 3,1999 and last revised on June 21, 2006, 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. The final map shall be revised as follows: a. The line that delineates the grass area on Lot 1 should be of a different type as to distinguish it from a property line. b. Add a note which states that "The subdivision has been adopted pursuant to the terms of the amended Chapter 240, Subdivision of Land, of the Southold Town Code." c. Add a note which states that "A Declaration of Covenants and Restrictions has been filed with the County Clerk's Office and that said covenants and restrictions affect the subdivision and properties within in." 3) Submission of one (1) copy of the final draft Declaration of Covenants and Restrictions. Additional clauses may be required based upon comments received from the LWRP Coordinator. Once approved, the Declaration of Covenants and Restrictions shall be filed in the Office of the County Clerk and a copy of same to be submitted to the Planning Department. 4) Submission of the park and playground fee in the amount of $7,000. Southold Town Planning Board Page Four November 13, 2006 Chairperson Woodhouse: Is there a second? Martin Sidor: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? And that motion carries. Thank you. *************************** 6:05 p.m. - Old Orchard at CutchoQue: Proposal is to subdivide a 4.619-acre parcel into four lots, where Lot 1 equals 75,675 sJ. sJ. Lot 2 equals 40,620 sJ., Lot 3 equals 40,082 sJ. and Lot 4 equals 44,830 sJ. located on the n/w corner of New Suffolk Road and Cedars Road in Cutchogue, SCTM# 1000-109-6-9.1. Chairperson Woodhouse: Is there anyone who would like to address the Board on this application? Tim Kelly: My wife and I live at 1650 New Suffolk Road, right adjacent to the subject property. I was in Town Hall a couple of days ago to talk to Mr. Trezza about what appears to be discrepancies between the subdivision map and the Covenants & Restrictions regarding access to driveway. If I look at it correctly, the map shows access on Cedars Road, meanwhile the C&R's mention New Suffolk Avenue, which of course is wrong, it's New Suffolk Road. I sent a letter to Mr. Trezza asking how you reconcile the differences between the two. Anthony Trezza: I discussed with the property owner and the applicant the discrepancy. Why the C&Rs had three lots coming off New Suffolk Road, I'm not really sure. It was an oversight. It was an oversight not seeing the discrepancy. But, what we're going to do tonight is we're going to close the public hearing; we're not going to issue any approvals yet, but the way to deal with this is that the map is correct. The clearing restrictions are correct. We want the access off of Cedars; the fewer driveways off of New Suffolk Road, the better. So what we'll do is we'll have them file another C&R or an amended C&R that changes the access for that lot onto Cedars Avenue. Tim Kelly: How many will have access? Anthony Trezza: Two. Tim Kelly: Two will have access on New Suffolk Road? Anthony Trezza: Correct. Southold Town Planning Board Page Five November 13, 2006 Tim Kelly: Does the filing of the amended C&R's become a condition for final approval? Anthony Trezza: Yes, we won't issue the approval until the Covenants & Restrictions are filed. Tim Kelly: OK. Thank you. Chairperson Woodhouse: You're welcome. Is there anyone else who would like to address the Board on this application? Prudence Heston: I live across the street from Tim Kelly. I just wanted to come in and make sure (inaudible) Chairperson Woodhouse: Thank you. Jeffrey T. Butler: Professional Engineer, on behalf of the applicant. I have no problem making the adjustments to the covenants Mr. Trezza has alluded to. Chairperson Woodhouse: Thank you. Does anyone on the Board have any questions? Is there anyone else who would like to address the Board? Yes? Janet Moore: I haven't heard anyone say anything about the driveway off Case's Lane? When you spoke about it last time, we thought that his driveway and my driveway are so close together, on that little hill coming into Case's Lane, it's kind of dangerous. Chairperson Woodhouse: Mr. Trezza? Anthony Trezza: That particular lot has limited access, and it's off of Case's Lane. The applicant has agreed that they will put the driveway I guess in the location that's furthest away from the hill, but they're limited in where exactly the driveway could go. I don't remember the exact frontage on the road there, but it's my understanding that you guys would locate the driveway to be as far away from your driveway as possible while, at the same time providing safe access to the lot. Janet Moore: There can't be too much room, I don't think. Anthony Trezza: There isn't. Janet Moore: There's a big, steep gully there; you could also have a drainage problem. Anthony Trezza: Jamie Richter is aware of the drainage problems; it's an ongoing project for that area. He is aware, the Town is trying to do Town-wide drainage all over the place and that happens to be one of the locations. Southold Town Planning Board Page Six November 13, 2006 Janet Moore: How will that impact on this application? Anthony Trezza: What Jamie does with that probably won't impact this particular application. Like I said, I don't think there are many location choices for the driveway off of Case's Lane. Jeffrey T. Butler: We have 73' of frontage roughly on Case's Lane, and our intention is going out there and look at the situation and how it impacts any neighboring parcel or adjacent parcels, and position the driveway as far away as possible from those, while taking into account the topography of the lot and the approach onto our lot, and the low point, which would be on the left of the driveway, which is where water from that lot drains naturally. So, we've gone out reviewed it and taken a look at it. Chairperson Woodhouse: And that's as far oyer as it can go from the neighboring property? Jeffrey T. Butler: The exact distance of separation I couldn't tell you right now, I don't have that number with me. Chairperson Woodhouse: Any other comments? I think our intention is to entertain a motion to close the public hearing and to not issue a decision this evening. Is there someone who would like to offer the motion? Ken Edwards: I will offer that motion: WHEREAS, this proposal is to subdivide a 4.619-acre parcel into four lots, where Lot 1 equals 75,675 s.f. Lot 2 equals 40,620 s.f., Lot 3 equals 40,082 s.f. and Lot 4 equals 44,830 s.f.; and WHEREAS, it was brought to the Planning Board's attention at the public hearing that there is a discrepancy between the Declaration of Covenants and Restrictions and the final subdivision map, prepared by Jeffrey T. Butler, P.E. and James B. Behrendt, L.S. dated last revised May 24, 2006; and WHEREAS, the Planning Board and the applicant agreed that a revised Declaration of Covenants and Restrictions will be filed to correct the discrepancy; be it therefore RESOLVED, that the Southold Town Planning Board hereby close the public hearing for this project and will render a decision at the next public meeting scheduled for December 11, 2006. Joe Townsend: I'll second. Chairperson Woodhouse: All in fayor? Ayes. Southold Town Planning Board Page Seven November 13, 2006 6:10 p.m. - North Fork Custom Audio Video: This amended site plan is for the proposed new construction of a 2,520 square foot one-story building for warehouse/storage 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 n/s/o New York State Route 25, approximately 250' w/o Laurel Trail known as 6619 Main Road in Mattituck. SCTM #1000-125-1-19.7. Chairperson Woodhouse: Is there anyone here who would like to address the Board on this application? Abioail Wckham: On behalf of the applicant, I think that all the changes the Board had requested have been made, including the future cross-easement on the east side, and suggested language on the covenant that would be recorded in connection with that easement which I understand your Board will be reviewing with the town attorney. Chairperson Woodhouse: Thank you. Is there anyone who would like to address the Board on this application? Hearing none, I will entertain a motion to close this hearing. Ken Edwards: So moved. Joe Townsend: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: That motion carries. Joe Townsend: WHEREAS, this amended site plan is for the proposed new construction of a 2,520 square foot 1 story building for warehouse/storage 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 n/s/o New York State Road 25, approximately 250' w/o Laurel Trail known as 6619 Main Road in Mattituck. SCTM #: 1000-125-1-19.7; and WHEREAS, FHV, LLC is the owner of the property located on the n/s/o New York State Road 25, approximately 250' w/o Laurel Trail known as 6619 Main Road in Mattituck; and WHEREAS, on April 9, 1984, the Southold Town Planning Board granted site plan approval for a 35' x 50' building for a tree service building; and WHEREAS, on March 9,1987, the Southold Town Planning Board granted an amended site plan approval for "a 35' x 50' storage building accessory to the existing building"; and Southold Town Planning Board Page Eight November 13, 2006 WHEREAS, on December 9, 1991, the Southold Town Planning Board granted an amended site plan approval for a change in use from Shamrock Tree Company to Acrylic Duck Marine Canvas; and WHEREAS, on October 4, 2004 the Southold Town Planning Board granted conditional final approval for the alteration of an existing 1,785 sq. ft. building on the site plans prepared and certified by John C. Ehlers, Surveyor, dated June 13, 2004 and last revised September 21, 2004 subject to final approval from the New York State Department of Transportation; and WHEREAS, on December 14, 2004, the Southold Town Planning Board granted final approval for an amended site plan for the alteration of an existing 1,785 sq. ft. building on the site plan prepared and certified by John C. Ehlers, Surveyor, dated June 13, 2004 and last revised September 21, 2004; and WHEREAS, on March 29, 2006, the agent, William S. Kelly working for the applicant, North Fork Custom Audio & Video, submitted an amended site plan application for approval; and WHEREAS, on May 4, 2006, the Architectural Review Committee reviewed the architectural drawings and associated site plan materials and approved the project as submitted; and WHEREAS, on May 30, 2006, the Building Department amended the Notice of Disapproval to address the previously issued ZBA decision appeal #3931 which stated "...a second business that will not exceed 35 X 50 ft... "; and WHEREAS, on May 31,2006, the Southold Town Engineer reviewed the proposed site plan and requested further information; and WHEREAS, on June 14, 2006, the Mattituck Fire District responded that no additional water supply is required and that all drives and roads meet Town requirements; and WHEREAS, on June 21, 2006, the Suffolk County Department of Planning responded after review and determined this matter is for "local determination as there appears to be no significant county-wide or inter-community impact(s)" and the Planning Board accepts this pursuant to 239L & M General Municipal Law; and WHEREAS, on June 22, 2006, New York State Department of Transportation responded that the previously issued Highway Work Permit #10-04-0509 expired on June 1, 2005 and a permit extension would be required; and WHEREAS, on July 7, 2006, the agent was forwarded a copy of the New York State Department of Transportation letter dated June 22, 2006; and Southold Town Planning Board Page Nine November 13, 2006 WHEREAS, on September 12, 2006, the South old 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 September 14, 2006, the Southold Town Zoning Board of Appeals granted an area variance relief as applied for and described under Appeal #5919 to build "a 42 x 16 x 60 ft. Morton building to serve as an accessory warehouse for the storage of vehicles and supplies related to the operation of the two principal businesses" and with the following condition: That the proposed accessory structure be used only for warehouse storage and not for the expansion of either of the two existing principal business uses on the subject premises; and WHEREAS, on September 20, 2006, the Suffolk County Water Authority responded after review that there is an existing water main and one (1) inch service serving the above captioned property from Main Road; and WHEREAS, on October 23,2006, the Southold Town Building Inspector reviewed and certified the site plan for a "Accessory Warehouse Storage" use; and WHEREAS, on October 25, 2006, the South old Town Engineer reviewed the revised site plan materials and replied that all items have been addressed in a satisfactory manner; and WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has received affidavits that the applicant has complied with the notification provisions; and WHEREAS, the following items shall be required: 1. The applicant agrees to be bound by all of the requirements in the Declaration of Covenants & Restrictions for a cross access easement agreement date received November 13,2006 pending review and approval from the Town Attorney and the South old Town Planning Board. 2. All outdoor lighting shall be shielded so that the light source is not visible from adjacent properties and roadways. Lighting fixtures shall focus and direct the light in such a manner as to contain the light and glare within property boundaries. The lighting must meet town code requirements. 3. All signs shall meet Southold Town Zoning Codes and shall be subject to approval of the Southold Town Building Inspector. Southold Town Planning Board Page Ten November 13, 2006 4. As per the landscape survivability guarantee, the applicant agrees to replace any of the landscaping which dies within three (3) years of planting; be it therefore RESOLVED, that the Southold Town Planning Board has reviewed the proposed action under the policies of the Town of South old Local Waterfront Revitalization Program and has determined that the action is consistent with the Policy Standards in the July 31,2006 memo prepared by the LWRP Coordinator; Chairperson Woodhouse: Second. All in favor? Ayes. Joe Townsend: and be it further RESOLVED, that pursuant to Southold Town Code 100-254 Part I, the applicant agrees to incorporate all the requirements, comments and recommendations of each reviewing agency as referenced above and as indicated on the site plan and corresponding attachments; Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Joe Townsend: and be it further RESOLVED, that the Southold Town Planning Board grant approval on the site plan drawing D-1 & D-2 prepared and certified by Steven L. Maresca dated February 24, 2006 and last revised November 9, 2006 and the construction plans G1 and S1-S6 prepared and certified by Ronald L. Sutton and authorize the Chairperson to endorse the site plans with the following conditions: 1. Pending final approval of the Declaration of Covenants & Restrictions by the South old Town Planning Board, the applicant agrees to file and record Declaration of Covenants & Restrictions for a cross access agreement in the Office of the Suffolk County Clerk within sixty (60) days of site plan approval. A copy of the filed Declaration of Covenants & Restrictions for a cross access agreement must be submitted to the Southold Town Planning Department within thirty (30) days of receipt. If the applicanUagenUowner fails to adhere to this requirement within the prescribed time periods, this approval shall become null and void. 2. The site plan approval requires that all work proposed on the site plan shall be completed within three (3) years from the date of this resolution. Southold Town Planning Board Page Eleven November 13, 2006 3. If necessary, the applicant/agent/owner shall obtain certification from a design professional for the existing septic system or approval from Suffolk County Department of Health Services for the approved construction. This approval must be to the satisfaction of the Southold Town Building Department. If the septic approval changes from the approved site plan, the Planning Board reserves the right to the review of a new site plan application. 4. Prior to the request for the Certificate of Occupancy, 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. 5. 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. 6. The applicant agrees to obtain a valid New York State Department of Transportation Highway Work Permit as required in their letter dated June 22, 2006 within sixty (60) days of site plan approval. A copy of this approval and plan must be submitted to the Southold Town Planning Department within thirty (30) days of receipt. All conditions of New York State Department of Transportation Highway work permit #10-04-0509 must be completed. Any changes in the approved permit must be submitted to this office for review. If such approval varies from this approved site plan, the Planning Board reserves the right to review a new site plan. 7. If the as-built site improvements vary from the approved amended site plan, the Planning Board reserves the right to request a certified as-built site plan detailing all the changes. 8. Any changes from the approved site plan shall require Planning Board approval, and any such changes without Planning Board approval will be subject to referral to the Town Attorney's Office for possible legal action. Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion carries. Thank you. *********************************** Southold Town Planning Board Page Twelve November 13, 2006 6:15 p.m. - Ward. Richard & Susan: Proposal is to reconfigure the lot lines and reduce the width of the right-of-way on the subdivision map of Vito W. Amari where, following the lot line change, Lot 1 equals 48,519 square feet, Lot 2 equal 42,262 square feet and the right-of-way is reduced to a 20'-wide common driveway located on the slslo Old North Road, approximately 1,380 feet wlo North Road in Southold, SCTM#'s 1000-55-2-5.2 & 5.3. Jennifer Gould: I'm here tonight representing Richard Ward and Susan Ward. If the Board has any questions, we have approval of our lot sizes from the Board of Appeals. Chairperson Woodhouse: Does the Board have any questions? Is there anyone else who would like to address the Board on this application? Hearing none, I will entertain a motion to close the hearing. Ken Edwards: So moved. Georqe Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. Martin Sidor: WHEREAS, this proposal is to reconfigure the lot lines and reduce the width of the right-of-way on the subdivision map of Vito W. Amari where, following the lot line changes, Lot 1 equals 48,519 square feet, Lot 2 equal 42,262 square feet and the right-of-way is reduced to a 20'-wide common driveway to provide access to Lots 2 & 3; and WHEREAS, on June 3, 2005, the applicant submitted an application for a Re- Subdivision (Lot Line Change), including a survey prepared by John C. Ehlers, L.S. dated August 3, 2005 and last revised on November 1, 2005; and WHEREAS, the resulting lot line changes makes both lots non-conforming with respect to lot area and lot width and the existing structure non-conforming with respect to the side yard setback; and WHEREAS, the Zoning Board of Appeals granted the necessary relief on August 29, 2006 (ZBA File # 5867); and WHEREAS, as a condition of approval, the Zoning Board of Appeals is requiring that the barn that currently exists on Lot 2 shall remain at the present location until such time that a residence is established, at which time the barn must be made to conform to the code; be it therefore Southold Town Planning Board Page Thirteen November 13, 2006 RESOLVED, the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, does 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. Martin Sidor: and be it further RESOLVED, the Southold Town Planning Board grant conditional final approval on the surveys prepared by John C. Ehlers, L.S. dated August 3, 2005 and last revised on November 1, 2005, subject to the following conditions: 1. Submission of five (5) additional copies of the map. 2. Submission of a draft Declaration of Covenants and Restrictions containing the following clauses: a. The 50'-wide right-of-way shown on the approved subdivision map of Vito W. Amari is reduced to a 20'-wide common driveway over Lot 2. b. Lots 2 & 3 on the subdivision map of Vito W. Amari shall have right of access over the common driveway on Lot 2, as amended by the approved lot line change. c. The barn that currently exists on Lot 2 shall remain at the present location until such time that a residence is established, at which time the barn must be made to conform to the Town Code. 3. The filing of new deeds with the Office of the Suffolk County Clerk pertaining to the lot line change and, upon filing, submission of a copy to this office. Georqe Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: That motion carries. Thank you. **************************************** Southold Town Planning Board Page Fourteen November 13, 2006 6:20 p.m. - Southview Preserve: This proposal is to subdivide a 13.35-acre parcel into three lots where Lot 1 equals 44,735 s.f., Lot 2 equals 37,343 s.f. and Lot 3 equals 42,470 s.f., with the remaining portion of the property preserved as open space, located on the slslo Main Bayview Road, approximately 900' elo Cedar Drive in Southold, SCTM#'s 87-5-21.4 & 87-5-21.7-21.10. Chairperson Woodhouse: Would anyone like to address the Board on this application? Paul Racz: I'm from Nelson & Pope in Melville representing the applicant on the subdivision known as Southview Preserve. Also in attendance tonight is Mr. Donald Ryan, the President of Southview Custom Homes and the owner of the subject property. You will recall this project was originally submitted in May of 2002 as a five-lot subdivision. It was then delayed by moratorium. Subsequent to the new code being adopted, the property then yielded four fully-conforming lots. At this station, we are resubmitting a four-lot subdivision. We met with the planning staff, who suggested that the applicant consider a further reduced yield of three lots. We have now before you this (inaudible) residential lots in over thirteen acres, with a conservation component of over 79%, which will preserve the vast majority of the premises in its natural state. Additionally, 100% of the fresh water and tidal wetlands will remain undisturbed on this approved design. We have also prepared existing resources and house plans, along with archaeological site survey, which were accepted as complete and comprehensive by the Planning Department. The parking is under statute, pursuant to SEQRA, it was granted a Negative Declaration, and sketch plan approval by this Board in December of 2005. As this project has undergone extensive review, the applicant has complied with all the Planning staff's requests, and because we believe that this is a sensible and well- designed subdivision plan which preserves the vast majority of the subject property, we respectfully request that preliminary approval be granted this application. If there are any questions or comments, we are made available to respond. Thank you. Chairoerson Woodhouse: Thank you. Please sign your name. 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. GeorQe Solomon: So moved. Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes. Southold Town Planning Board Page Fifteen November 13, 2006 Georqe Solomon: WHEREAS, this proposal is to subdivide a 13.35-acre parcel into three lots where Lot 1 equals 44,735 s.1., Lot 2 equals 37,343 s.1. and Lot 3 equals 42,470 s.1., with the remaining portion of the property to be preserved as open space; and WHEREAS, an application for sketch approval was submitted on June 9, 2005; and WHEREAS, on December 12, 2005, the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, established itself as lead agency for the unlisted action and, as lead agency, granted a Negative Declaration for the proposed action; and WHEREAS, on December 12, 2006, the Southold Town Planning Board granted conditional sketch approval upon the map, prepared by Victor Bert, P.E., of Nelson and Pope, dated last revised October 10, 2005; and WHEREAS, on April 7, 2006, the applicant submitted the application for preliminary plat approval, including the preliminary plat and road and drainage plans prepared by Victor Bert, P.E. and Paul Racz, L.S., of Nelson and Pope, dated January 18, 2006; and WHEREAS, the Southold Town Planning Board reviewed the preliminary plat at their work session on August 28, 2006; and WHEREAS, on August 11, 2006, the applicant submitted copies of the revised preliminary plat and road and drainage plans prepared by Victor Bert, P.E. and Paul Racz, L.S., of Nelson and Pope, dated January 18, 2006 and last revised on August 4, 2006; and WHEREAS, on August 11, 2006, the applicant submitted one (1) copy of the Letter of Water Availability from the Suffolk County Water Authority; and WHEREAS, on September 22, 2006, the applicant submitted copies of the draft Declaration of Covenants and Restrictions; and WHEREAS, the preliminary plat and road and drainage plans have been referred to the Office of the Town Engineer for review; be it therefore RESOLVED, that the Southold Town Planning Board hereby grant Conditional Preliminary Plat Approval on the plat prepared by Victor Bert, P.E. and Paul Racz, L.S., of Nelson and Pope, dated January 18, 2006 and last revised on August 4,2006, subject to the following conditions: Southold Town Planning Board Page Sixteen November 13, 2006 1. Submit a draft Road and Maintenance Agreement for the 25'-wide right-of- way. 2. Review of preliminary road and drainage plans by the Town Engineer. 3. Referral of the preliminary map to the Suffolk County Planning Commission for review. 4. Submission of a draft Open Space Easement pursuant to Section 240-44(C) of the South old Town Code. 5. Submission of a draft Homeowners Association. 6. LWRP Coastal Consistency Review by the Town of Southold. 7. Submission of a permit from the New York State Department of Environmental Conservation and the South old Town Trustees for the proposed project. 8. Submission of the final draft Declaration of Covenants and Restrictions. 9. Submission of the park and playground fee in the amount of $14,000 ($7,000 for each new lot created). This fee is payable prior to issuance of final plat approval. Martin Sidor: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? And that motion carries. Mark Terrv: I just want to thank the applicant for working with the Town on this subdivision because that was a very sensitive site with a lot of environmental constraints. I think you did a very good job in your design, and just wanted to thank you for that. Chairperson Woodhouse: Thank you on behalf of the Board. Thank you, Mark. ********************************** South old Town Planning Board Page Seventeen November 13, 2006 6:25 p.m. - Orchard Street Farm: Proposal is for a Cluster Conservation Subdivision of a 15.51-acre parcel into 3 lots, where lot 1 equals 13.499 acres upon which 12.459 acres is proposed to be preserved through a Conservation Easement, Lot 2 equals 1.006 acres and Lot 3 equals 1.007 acres, located on the nlw corner of King Street and Old Farm Road and the slslo Orchard Street in Orient, SCTM# 25-4-11.8. Chairperson Woodhouse: Is there someone who would like to address the Board on this application? Charles Cuddy: On behalf of the applicants, Mr. and Mrs. Morton. This has been before the Board for a considerable period, particularly since the new (inaudible) to this point. The thing I think is important to note is that while 12 acres are being preserved, the Town does not have to pay for 12 acres. These applicants have actually volunteered to do a conservation subdivision where they are only putting three lots on 15 acres. So, that's something of significance. Thank you. I ask you to approve that. Chairperson Woodhouse: Is there anyone else who would like to address the Board on this application? Hearing none, I will entertain a motion to close the hearing. Georqe Solomon: So moved. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: That motion carries. Joe Townsend: WHEREAS, proposal is for a Cluster Conservation Subdivision to subdivide a 15.51-acre parcel into 3 lots, where Lot 1 equals 13.499 acres upon which 12.459 acres is proposed to be preserved through the application of a Conservation Easement, Lot 2 equals 1.006 acres and Lot 3 equals 1.007 acres; and WHEREAS, an application for sketch plan approval was submitted to the Planning Board on April 15, 2005; and WHEREAS, on June 1, 2005, the applicant submitted the LWRP Coastal Consistency Assessment Form; and WHEREAS, on July 20, 2005, the applicant submitted copies of a revised subdivision map based on comments and recommendations made by the Planning Board; and WHEREAS, on September 1, 2005, the applicant submitted copies of the draft Declaration of Covenants and Restrictions; and Southold Town Planning Board Page Eighteen November 13, 2006 WHEREAS, on October 17, 2005, the South old Town Planning Board granted conditional sketch approval upon the map prepared by John C. Ehlers, Land Surveyor, dated last revised on July 19, 2005; and WHEREAS, on October 19, 2005, the applicant submitted the Phase IA Archaeological Survey for the subject property; and WHEREAS, on October 25, 2005, the applicant submitted copies of the revised draft Declaration of Covenants and Restrictions; and WHEREAS, on November 1, 2005, the applicant submitted the park and playground fee in the amount of $7000; and WHEREAS, on December 16, 2005, the applicant submitted copies of the draft Agricultural and Open Space Covenant; and WHEREAS, on February 14, 2006, the Southold Town Planning Board granted a Negative Declaration pursuant to SEQRA for this project; and WHEREAS, on August 17, 2006, the applicant submitted copies of the final draft Declaration of Covenants and Restrictions; and WHEREAS, on September 28,2006, the applicant submitted four (4) mylars and five (5) paper prints of the final map, prepared by John C. Ehlers, L.S. dated last revised July 26, 2006, each containing the Health Department stamp of approval; and WHEREAS, on November 1, 2006, the applicant submitted the application for final plat approval and a letter requesting an extension of time for conditional sketch approval, which expired on April 18, 2006; and WHEREAS, on November 3, 2006, the Planning Board received the LWRP Coastal Consistency Review from the LWRP Coordinator and reviewed it at their work session 0 November 6, 2006; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants an extension of time for conditional sketch approval, effective from April 18, 2006 until April 18, 2007; Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. South old Town Planning Board Page Nineteen November 13, 2006 Chairperson Woodhouse: Opposed? The motion carries. I have a different copy? Anthonv Trezza: I'll just explain that. Because the approval expired, we had to extend the approval and we could only do it in six month intervals, so it brings us, to a date beyond today's, so it's really just a technicality. Chairperson Woodhouse: Thank you. Joe Townsend: and be it further RESOLVED, that the Southold Town Planning Board finds that the project is consistent with the policies of the Local Waterfront Revitalization Program; Georqe Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. Joe Townsend: and be it further RESOLVED, that the Southold Town Planning Board hereby grants Conditional Final Plat Approval on the map prepared by John C. Ehlers, L.S. dated last revised July 26, 2006, subject to the following conditions: 1. Submission of a copy of the filed Declaration of Covenants and Restrictions. 2. Submission of a draft Agricultural/Open Space Easement for approval by the Planning Board and the Town Attorney. Once approved, the document shall be filed in the Office of the County Clerk. Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: The motion carries. For the record, the Board also wants to acknowledge the preservation of land on your parcel and publicly thank you for what you have done. ***************************** Southold Town Planning Board Page Twenty November 13, 2006 6:30 p.m. - Cutchoaue/New Suffolk Free Librarv: This amended site plan is for the alteration of the existing structure increasing the space in the basement level by 1,788 sq. ft. and the mezzanine level by 2,352 sq. ft. on a 32,670 sq. ft. parcel located on the s/e corner of New York State Route 25 and Case's Lane known as 27550 Main Road in Cutchogue. SCTM # 1000-109-6-2.2. Chairperson Woodhouse: Is there anyone here who would like to speak on behalf of this application? Rav Nemschick: I am the architect for the library. I have first of all return receipts for your records. Otherwise, I guess at this point you're familiar with the project. Is there anything that you need to know further from me as far the parking counts, or to go over anything? Chairperson Woodhouse: Does anyone on the Board have a question? Bruno Semon: We do need the return receipts handed in. Chairperson Woodhouse: The question is being raised by Mr. Townsend about temporarily eliminating parking during construction. Joe Townsend: I don't think it's a question so much as just noting that that's the case. Chairperson Woodhouse: Could you comment that Mr. Townsend just is noting that there will be some loss of parking temporarily during the construction. Rav Nemschick: Well, at this point the library has every desire to move their current location during the construction so there won't be a loss of any use. But we wouldn't lose, outside of site access, we could always look at another way to get onto the site. The best way, obviously, is to come straight from Case's Lane, perpendicular to the old church and create a temporary road so that when we do the excavation under the old church, we have direct access instead of trying to route them onto another portion of the site. (Inaudible) alleviate that later on. Chairperson Woodhouse: OK. Thank you. Is there anyone else who would like to address the Board on this application? I will entertain a motion to close the hearing. Ken Edwards: So moved. Martin Sidor: Second. Chairperson Woodhouse: All in favor? South old Town Planning Board Page Twenty-One November 13, 2006 Ayes. Chairperson Woodhouse: That motion carries. Georqe Solomon: WHEREAS, this amended site plan is for the alteration of the existing structure increasing the space in the basement level by 1,788 sq. ft. and the mezzanine level by 2,352 sq. ft. on a 32,670 sq. ft.; and WHEREAS, Cutchogue New Suffolk Free Library, is the owner of the property located on the s/e corner of New York State Route 25 and Case's Lane known as 27550 Main Road in Cutchogue. SCTM #: 1000-109-6-2.2; and WHEREAS, on June 30, 2006, the Southold Town Building Department issued a Notice of Disapproval that the proposed construction will required a variance under Town Code Sections 100-242 A & 100-244, furthermore the proposed construction requires Southold Town Landmark Preservation review / approval and South old Town Planning Board site plan approval; and WHEREAS, on August 17, 2006, the agent, Raymond W. Nemschick, Architect, submitted a formal site plan for approval; and WHEREAS, on September 14, 2006, the Architectural Review Committee reviewed the associated site plan materials and approved the site plan as submitted and the South old Town Planning Board accepted the endorsement; and WHEREAS, on September 19, 2006, the Suffolk County Department of Planning responded after a review and determined this matter is for "local determination as there appears to be no significant county-wide or inter-community impact(s)" and the Planning Board accepts this pursuant to 239L & M General Municipal Law; and WHEREAS, on September 22, 2006, the Cutchogue Fire District reviewed and approved the proposed construction indicating that the "district does not feel that a fire well or hydrant is needed due to the property's location in a near proximity to an existing water supply" and the Planning Board accepts the approval; and WHEREAS, on October 5, 2006, the New York State Department of Transportation reviewed the referral the NYSDOT assigned the case number 06-340 noting that there is no work proposed within the State highway right-of-way and no highway work permit is required at this time; and WHEREAS, on October 5, 2006, the Southold Town Zoning Board of Appeals granted a Variance as applied for and described under Appeal Number 5945; and Southold Town Planning Board Page Twenty-Two November 13, 2006 WHEREAS, on October 17, 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 October 23,2006, the Southold Town Building Inspector reviewed and certified the site plan for "Library is a permitted use by special exception in this R-40 district" and the Planning Board accepts the certification for approval; and WHEREAS, on November 2, 2006, the Architectural Review Committee reviewed the proposed changes as required by Landmark Preservation and issued "conditional approval pending receipt of changes in drawings modifying entry dormer" and the Southold Town Planning Board accepted the endorsement; and WHEREAS, on November 8, 2006, the South old Town Engineer reviewed the site plan materials and issued a report letter with comments and the Planning Board accepts the report; and WHEREAS, on November 13, 2006, the Southold Town Landmark Preservation has not issued the certificate of appropriateness from the Hearing Held on October 30, 2006 and the Planning Board will accept changes and or revisions as required by Land Mark Preservation; 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 South old 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 Southold Town Planning Board Page Twenty-Three November 13, 2006 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; Joe Townsend: Second. Chairperson Woodhouse: All in favor? Ayes. Georae Solomon: and be it further RESOLVED, that the South old Town Planning Board has reviewed the proposed action under the policies of the Town of Southold Local Waterfront Revitalization Program and has determined that the action is consistent provided that best management practices are implemented; Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Georae Solomon: and be it further RESOLVED, that the South old Town Planning Planning Board grant approval on the site plan prepared and certified by Raymond W. Nemschick, Architect dated October 31, 2006 known as A-2.01 and the building elevation plans labeled A-4.01, A-4.02, A-4.03 and A-4.04 dated October 31, 2006 and authorize the Chairperson to endorse the final site plan with the following conditions: 1. If necessary, the applicant/agent/owner shall obtain certification from a design professional for the existing septic system or approval from Suffolk County Department of Health Services for the approved construction. This approval must be to the satisfaction of the Southold Town Building Department. If the septic approval changes from the approved site plan, the Planning Board reserves the right to the review of a new site plan application. 2. The owner, agent and/or applicant shall receive approval from the Southold Town Landmark Preservation in the form of a certificate of appropriateness approving the construction and submit such certificate to the Southold Town Planning Department for review. If such approval varies from this approved site plan, requires changes to the approved site plan, the Planning Board reserves the right to the request a revised site plan. Southold Town Planning Board Page Twenty-Four November 13, 2006 3. The owner, agent and/or applicant shall receive approval from the Superintendent of Highways on all work on the Town Right-of-Way on Cases Lane at the time of construction. The owner, agent and/or applicant must notify the Superintendent's office prior to the commencement of any work in the area. 4. The site plan approval requires that all work proposed on the site plan shall be completed within three (3) years from the date of this resolution. 5. Prior to the request for the Certificate of Occupancy, the owner or authorized agent must request the said Building Inspector and the Planning Board to perform an on-site inspection to find the site improvements are in conformity with the approved site plan. 6. If the as-built site improvements vary from the approved site plan, the Planning Board reserves the right to request a certified as-built site plan detailing all the changes. 7. Any changes from the approved site plan shall require Planning Board approval, and any such changes without Planning Board approval will be subject to referral to the Town Attorney's Office for possible legal action. 8. The Planning Board will issue a final site plan approval in the form of a letter following a site inspection and at the time the site improvements are found to be in conformance with the approved site plan. Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: That motion carries. Thank you. **************************** Southold Town Planning Board Page Twenty-Five November 13, 2006 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 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 Ken Edwards: 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: That motion carries. ****************************************** CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE- SUBDIVISIONS (Lot Line Changes) Conditional Final Determinations: Galluccio Estate Vineyards: This proposal is for a lot line change that will merge the existing winery and 6.2196 acres of building area on Lot 2 (SCTM#1000-1-109-1-13) with Lot 1 (SCTM#1000-109-1-24.4), where, following the lot line change, Lot 1 will be 40.4084 acres upon which the Development Rights have been sold on 34.1888 acres, and Lot 2 will be 42.1291 acres upon which the Development Rights are proposed to be sold to the Town of Southold. The property is located on the nlslo NYS Route 25,850 feet wlo Alvah's Lane in Cutchogue. SCTM#'s 1000-1-109-1-13 & 109-1-24.4 Chairperson Woodhouse: WHEREAS, this proposal is for a lot line change that will merge the existing winery and 6.2196 acres of building area on Lot 2 (1000-1-109-1-13) with Lot 1 (1000-109-1-24.4), where, following the lot line change, Lot 1 will be 40.4084 acres upon which the Development Rights have been sold on 34.1888 acres, and Lot 2 will be 42.1291 acres upon which the Development Rights are proposed to be sold to the Town of Southold.; and WHEREAS, an application for a re-subdivision (lot line change) was submitted to the Planning Board on October 25, 2006 and includes the survey prepared by John C. Ehlers, L.S. dated April 7, 2006; and Southold Town Planning Board Page Twenty-Six November 13, 2006 WHEREAS, the Southold Town Planning Board reviewed the application at their work session on October 30, 2006 and agreed to approve the project as proposed in consideration of the large preservation component; 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 South old 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; Georqe Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: and be it further RESOLVED, that the Southold Town Planning Board hereby waive the pubic hearing for this project in consideration that another pubic hearing will be held by the Town Board in connection with the sale of the development rights; Georqe Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: and be it further RESOLVED, that the Southold Town Planning Board hereby grant Conditional Final Approval on the maps prepared by John C. Ehlers, L.S. dated April 7, 2006, subject to the following conditions: Southold Town Planning Board Page Twenty-Seven November 13, 2006 1. Submission of the final maps, each containing the Health Department stamp of approval or exemption. 2. Completion of the Sale of Development Rights with the Town of Southold. In the event the sale is not completed, final approval of the lot line change will not be issued. Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Thank you. ******************************* Preliminary Extensions: Cleaves Point Manor: Proposal is to subdivide a 4.04-acre parcel into four (4) lots where Lot 1 equals 44,004 s.f., Lot 2 equals 44,004 s.f., Lot 3 equals 44,004 s.f. and Lot 4 equals 44,004 s.f. in the R-40 Zoning District. The property is located on the west side of Shipyard Lane, approximately 173' south of Gus Drive in East Marion. SCTM#1 000-30-7-9 Ken Edwards: WHEREAS, this proposal is to subdivide a 4.04-acre parcel into four (4) lots where Lot 1 equals 44,004 s.f., Lot 2 equals 44,004 s.f., Lot 3 equals 44,004 s.f. and Lot 4 equals 44,004 s.f. in the R-40 Zoning District; and WHEREAS, on May 8, 2006, the South old Town Planning Board granted conditional preliminary plat approval upon the map prepared by John T. Metzger, L.S. dated May 21, 2005 and last revised March 1, 2006; and WHEREAS, in a letter dated October 27, 2006, the applicant requested an extension of time for conditional preliminary plat approval, which expired on November 8, 2006; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants an extension of time for conditional preliminary plat approval, effective from November 8, 2006 until May 8,2007. Chairperson Woodhouse: Second. All in favor? Ayes. Southold Town Planning Board Page Twenty-Eight November 13, 2006 Setting of Preliminary Hearings: Sterlina Harbor, Inc.: Proposal is for a standard subdivision of a 14.1529-acre parcel into five lots where Lot 1 equals 49,652 s.f., Lot 2 equals 41,302 s.f., Lot 3 equals 42,550 s.f., Lot 4 equals 41,056 s.f. and Lot 5 equals 410,845 s.f. and includes a 40,944 s.f. building envelope and a 369,901 s.f. preserved area. The property is located on the north side of Main Bayview Road, 300.21' east of Midland Parkway in Southold. SCTM#1000-88-2-15 Joe Townsend: WHEREAS, this proposal is for a standard subdivision to subdivide a 14.1529-acre parcel into five lots where Lot 1 equals 49,652 s.f., Lot 2 equals 41,302 s.f., Lot 3 equals 42,550 s.f., Lot 4 equals 41 ,056 s.f. and Lot 5 equals 410,845 s.f. and includes a 40,944 s.f. building envelope and a 369,901 s.f. preserved area; and WHEREAS, an application and for sketch approval was submitted on October 31,2005; and WHEREAS, the Southold Town Planning Board initiated the SEQRA Coordination by formal resolution dated December 13, 2005; and WHEREAS, on February 13, 2006, the Southold Town Planning Board granted a Negative Declaration for this project pursuant to SEQRA and issued conditional sketch approval on the maps prepared by Peconic Surveyors, PC dated October 22, 2005; and WHEREAS, on June 1, 2006, the applicant submitted an application for preliminary plat approval, including a revised Yield Map prepared by John C. Ehlers, L.S. dated October 22, 2005 and the Preliminary Plat prepared by John C. Ehlers, L.S. dated October 22, 2005; and WHEREAS, the South old Town Planning Board referred the Preliminary Plat to the Office of the Town Engineer for review; and WHEREAS, on October 20, 2006, the Southold Town Planning Board received the Engineer's report for this project in a memorandum dated October 16, 2006; and WHEREAS, the South old Town Planning Board reviewed the Engineer's report at their work session on October 30, 2006; be it therefore RESOLVED, that the South old Town Planning Board set Monday, December 11, 2006 at 6:00 p.m. for a preliminary public hearing on the preliminary plat prepared by John C. Ehlers, L.S. dated October 22, 2005. Ken Edwards: Second. Southold Town Planning Board Page Twenty-Nine November 13, 2006 Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Thank you. *************************************** Conditional Sketch Determinations: Conklina Point Estates: Proposal is to subdivide a 7.725-acre parcel into four lots, where Lot 1 equals 29,869 sJ., Lot 2 equals 29,869 sJ., Lot 3 equals 29,869 sJ., Lot 4 equals 29,869 sJ. and the open space parcel equals 4.1 acres, excluding the area of wetlands. This project includes the transferring of 37,882 sJ. of buildable lands from SCTM# 1000-53-4-44.3 onto the subject property for the purposes of establishing yield. The property is located on the wlslo Kerwin Boulevard, approximately 575' wlo August Lane in Greenport. SCTM#'s 53-4-44.1 & 44.3 Ken Edwards: WHEREAS, this proposal is to subdivide a 7.725-acre parcel into four lots, where Lot 1 equals 29,869 sJ., Lot 2 equals 29,869 sJ., Lot 3 equals 29,869 sJ., Lot 4 equals 29,869 sJ. and the open space parcel equals 4.1 acres, excluding the area of wetlands. This project includes the transferring of 37,882 sJ. of buildable lands from SCTM# 1000-53-4-44.3 onto the subject property for the purposes of establishing yield; and WHEREAS, an application for sketch approval was submitted on January 6, 2006, including the sketch plan prepared by Jeffrey T. Butler, P.E. dated November 19, 2005; and WHEREAS, this application involves transferrin9 density from SCTM# 1000-53-3-44.3, which is an approved lot on the Subdivision Map of August Acres (November 13,1990), onto SCTM# 1000-53-4-44.1; and WHEREAS, the Planning Board reviewed this proposal at several work sessions to discuss the proposed layout of the lots and determine whether or not the upland area on SCTM#1000-53-4-44.3 can be transferred as a lot onto another parcel; and WHEREAS, in a memorandum dated February 1, 2006, planning staff requested that the Trustees verify the wetlands on both parcels in order to determine buildable lands for the purpose of establishing yield for both parcels; and Southold Town Planning Board Page Thirty November 13, 2006 WHEREAS, in a memorandum dated April 24, 2006, the Trustees indicated that the wetlands were verified for both properties and that the flags are in the correct locations for the delineation, with the exception of the area closest to the corner stake of parcel 4; and WHEREAS, the Trustees also indicated that the wetlands on SCTM#1000-53-4-44.3 encumber approximately 50% of the lot and that it would not be possible to meet the minimum setback requirements for the construction of a residence and sanitary system; and WHEREAS, the Trustees advised that a more thorough review will be needed to determine if the lot is buildable; and WHEREAS, on August 11, 2006, the applicant submitted a revised sketch plan, prepared by Jeffrey T. Butler, P.E. dated November 9,2005 and last revised on August 4,2006; and WHEREAS, the South old Town Planning Board reviewed the revised sketch plan and discussed the open space options for the project at their work session on October 23, 2006 and determined that a more in-depth review by the Trustees is required in order to adequately assess the ability to transfer the development from SCTM#1000-53-4-44.3 onto SCTM#1 000-53-4-44.1; and WHEREAS, the Southold Town Planning Board further determined that they would issue conditional sketch approval for this project, subject to a detailed review by the Town Trustees; be it therefore RESOLVED, that the Southold Town Planning Board hereby grant Conditional Sketch Approval upon the map prepared by Jeffrey T. Butler, P.E. dated November 9,2005 and last revised on August 4, 2006, subject to the following conditions: 1. Determination from the Town Trustees regarding the build ability of SCTM#1 000-53- 4-44.3. 2. Submission of an Existing Resources and Site Analysis Plan (ERSAP) which identifies the Primary and Secondary Conservation Areas. 3. Submission of a revised sketch plan with the following changes: a) Adjust the wetlands delineation as per the Trustee memorandum dated April 24, 2006. b) Show the open space parcel as a separate lot. Southold Town Planning Board Page Thirty-One November 13, 2006 4. Submission of draft Declaration of Covenants and Restrictions. Specific details regarding the required clauses will be determined during the on-going subdivision review process. 5. Submission of a Letter of Water Availability from the Suffolk County Water Authority. 6. Submission of a permit or letter of non-jurisdiction from the Town Trustees and the New York State Department of Environmental Conservation. 7. Determination from the Planning Board as to the ownership and use of the proposed open space area. 8. Submission of a draft Open Space Easement for the proposed open space parcel(s). Specific details regarding the easement shall be negotiated with the Planning Board as the application continues to be processed. 9. Review by the Town of Southold LWRP Coordinator. 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? And that motion carries. ***************************************** CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE- SUBDIVISIONS (Lot Line Changes) - STATE ENVIRONMENTAL QUALITY REVIEW ACT Lead Agency Coordination: Wexler. Allan & Ellen: This proposal is to subdivide a 3.832-acre parcel into two lots where Lot 1 equals 1.916 acres and Lot 2 equals 1.916 acres in the A-C Zoning District. The property is located on the slslo North Bayview Road, approximately 415 feet west of Paradise Point Road in Southold. SCTM#1000-79-8-18.1 Southold Town Planning Board Page Thirty-Two November 13, 2006 Martin Sidor: WHEREAS, this proposal is to subdivide a 3.832-acre parcel into two lots where Lot 1 equals 1.916 acres and Lot 2 equals 1.916 acres in the A-C Zoning District.; and WHEREAS, an application for sketch approval was submitted on September 21, 2006, including the sketch plan prepared by Joseph A. Ingegno, L.S., dated September 12, 2001 and last revised on September 11, 2006; and WHEREAS, the Southold Town Planning Board reviewed this application at their work session on October 2, 2006; be it therefore RESOLVED, that the Southold Town Planning Board start the SEQRA lead agency coordination process for this unlisted action. Georae Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: That motion carries. ********************************** Lead Agency Designation: Nickart Realtv: This proposal is to subdivide a 34,896 sq.ft. parcel into two lots where Lot 1 equals 17,438 sq.ft. and Lot 2 equals 17,438 sq.ft. in the R-40 Zoning District. The property is located on the south side of North Road, approximately 900 feet west of Bayberry Lane in Southold. SCTM#1000-52-2-13 Chairperson Woodhouse: WHEREAS, this proposal is to subdivide a 34,896 sq.ft. parcel into two lots where Lot 1 equals 17,438 sq.ft. and Lot 2 equals 17,438 sq.ft. in the R-40 Zoning District.; and WHEREAS, an application for sketch approval was submitted on May 11, 2006; and WHEREAS, on June 13, 2006, the Southold Town Planning Board started the SEQR lead agency coordination process for this unlisted action; be it therefore Southold Town Planning Board Page Thirty-Three November 13, 2006 RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, establishes itself as lead agency for the unlisted action and, as lead agency, grants a Negative Declaration for the proposed action. Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: The motion carries. ******************************* SITE PLANS Final Extensions: Mattituck Self Storaae: This site plan is for a new 7,500 sq.ft. second floor addition with renovation of an existing 22,996 sq.ft. building and maintenance of a 14,184 sq.ft. metal storage building on 1.697 acres parcel in the LI Zone located at approximately 151' slo Route 48 on the wlslo Wickham Avenue known as 885 Wickham Avenue in Matlituck. SCTM# 1000-140-2-9 Martin Sidor: WHEREAS, the proposed site plan, to be known as the Site Plan for Mattituck Self Storage, is for a new 7,500 sq. ft. 2nd floor addition with renovation of an existing 22,996 sq. ft. building and maintenance of a 14,184 sq. ft. metal storage building on a 1.697 acre parcel in the LI Zone; and WHEREAS, Thomas & Susan McCarthy are the owners of the property known and designated as 885 Wickham Avenue, located approximately 151' south of Route 48 on the west side of Wickham Avenue, in Matlituck, SCTM#1000-140-2-9; and WHEREAS, a formal application for approval of this site plan was submitted on October 29,2002; and WHEREAS, September 6, 2002, the applicant received approval from the Suffolk County Department of Health, H.S. reference number C10-02-0008 on the plan prepared by Donald Jewell, Architect, dated August 14, 2002; and Southold Town Planning Board Page Thirty-Four November 13, 2006 WHEREAS, on July 15, 2003, the South old Town Planning Board, acting under the State Environmental Quality Review Act (Article 8), Part 617, performed a coordinated review of this Unlisted Action. The Planning Board established itself as lead agency, and as lead agency, made a determination of non-significance and granted a Negative Declaration on September 8, 2003; and WHEREAS, the Mattituck Fire District Board of Fire Commissioners responded on July 25, 2003, after review of the site plan, and recommended a SCW A fire hydrant to be located at the northwest corner of said property for fire suppression; the applicant agreed to the condition and the Planning Board accepted the recommendations for approval; and WHEREAS, on August 6, 2003, the Architectural Review Committee reviewed and conditionally approved the proposed site plan application with the request that a final schedule of colors and design of the sign be submitted; and WHEREAS, the site plan, dated February 14, 2001 and last revised October 8,2003, was certified by the Southold Town Building Inspector on October 21,2003; and WHEREAS, on October 28, 2003, the Town Engineer reviewed and approved the site plan and the Planning Board has accepted his recommendation for approval; and WHEREAS, on November 6, 2003, the Architectural Review Committee reviewed and approved the proposed site plan application colors and sign detail as submitted; and WHEREAS, on November 11, 2003, the Southold Town Planning Board, granted approval on the site plan prepared by Joseph A. Ingegno, Land Surveyor, dated February 14, 2001 and last revised October 8,2003, and authorized the Chairman to endorse the final surveys with the following three conditions and subject to a one year review from the date of the building permit; and 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 the Town Code requirements. 2. Plant one tree in the front yard instead of the evergreen hedge as shown. 3. At the new entrances on Wickham Avenue the new curbing and asphalt pavement needs to align all new surfaces with existing conditions adjacent to Wickham Ave. All required reconstruction of the roadway within the Town Owned Right-of-Way to be the responsibility of the owner, applicant or developer; and Southold Town Planning Board Page Thirty-Five November 13, 2006 WHEREAS, on October 24, 2006, Ruthie Love the Office Manager for McCarthy Management requested the Planning Board consider an one year extension from the November 11, 2006 site plan expiration date; and WHEREAS, on November 6,2006, the Southold Town Planning Board held a work session to consider the requested site plan extension and agreed to approve a six (6) month extension; be it therefore RESOLVED, that the Southold Town Planning Board grant a six (6) month extension from November 11, 2006 to May 11, 2007 of the site plan approved on November 11, 2003 prepared by Joseph A. Ingegno, Land Surveyor, dated February 14, 2001 and last revised October 8, 2003, and endorsed by the Chair on November 10, 2003 subject to all the requirements and conditions of the site plan approval. Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: That motion carries. Thank you. **************************************** SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Type II Actions: 13235 Main Road (Kina): This site plan is for the proposed modification of an existing 4,569 sq. ft. two-story building where the first floor has two (2) offices and one (1) apartment and the second floor has two (2) apartments and storage which includes 12 parking spaces provided on .27 acres in the Hamlet Business Zone located on the nlslo New York State Road 25, 379' elo Love Lane known as 13235 Main Road in Mattituck. SCTM #1000-140-3-37. Joe Townsend: WHEREAS, this site plan is for the proposed modification of an existing 4,569 sq. ft. 2 story building where the first floor has two (2) offices and one (1) apartment and the second floor has two (2) apartments and storage which includes 12 parking spaces provided on .27 acres in the Hamlet Business Zone located on the nlslo New York State Road 25, 379' elo Love Lane known as 13235 Main Road in Mattituck. SCTM #: 1000-140-3-37; be it therefore Southold Town Planning Board Page Thirty-Six November 13, 2006 RESOLVED, that the South old 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. Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: That is approved. ********************************** Lead Agency Coordination: Peconic Recyclina & Transfer: This site plan is for new construction of a building that includes 32,000 sq. ft. of warehouse space and 2,210 sq. ft. office space for recycling center use on 154,601 sq. ft. parcel in the L10 Zone located approximately 1,083' nlo Corporate Road on nlelslo Commerce Drive in Cutchogue. SCTM# 1000-95-2-7 Georqe Solomon: WHEREAS, the applicant proposes a site plan for new construction of a building that includes 32,000 sq. ft. of warehouse space and 2,210 sq. ft. office space for recycling center use on 154,601 sq. ft. parcel in the L10 Zone located approximately 1,083' nlo Corporate Road on nlelslo Commerce Drive in Cutchogue, SCTM#1000-95-2-7; and WHEREAS, Under Town Code Section 211, the applicant is required to obtain a Salvage Center permit by the Southold Town Board prior to the Planning Board granting approval of the site plan; and WHEREAS, on June 6, 2006, a formal site plan application was submitted for approval; and WHEREAS, on October 13, 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, performed a coordinated review of this Unlisted Action and established itself as lead agency; and WHEREAS, on October 30, 2006, the Southold Town Planning Board reviewed the report dated October 13, 2006 from Nelson, Pope, Voorhis, LLC. and accepted the report, the Planning Board will require that the applicant address the items in the report by submitting supplemental information before a determination of significance can be issued; be it therefore Southold Town Planning Board Page Thirty-Seven November 13, 2006 RESOLVED, that the South old Town Planning Board, pursuant to Part 617, Article 6 of the Environmental Conservation Law acting under the State Environmental Quality Review Act will require supplemental information before a determination of significance can be issued. Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: That motion carries. **************************** APPROVAL OF PLANNING BOARD MINUTES Chairperson Woodhouse: I will entertain a motion to approved the minutes of the October 16, 2006 Scoping Session. Georqe Solomon: So moved. Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: That passes unanimously. I will entertain a motion to adjourn. Martin Sidor: Moved. Joe Townsend: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Anybodyopposed? That motion carries. Thank you. *********************************** Southold Town Planning Board Page Thirty-Eight November 13, 2006 There being no further business to come before the Board, the meeting was adjourned at 6:35 p.m. Respectfully submitted, L~~~ 4t-J~ oodhouse, Chairperson