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HomeMy WebLinkAboutPB-12/11/2006 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 Hall 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 SOUTH OLD PUBLIC MEETING MINUTES December 11, 2006 6:00 p.m. Present were: Jerilyn B. Woodhouse, Chairperson Kenneth L. Edwards, Member Martin Sidor, Member George D. Solomon, Member Joseph L. Townsend, Member Mark Terry, Senior Environmental Planner Anthony Trezza, Senior Planner Bruno Semon, Senior Site Plan Reviewer Linda Randolph, Secretary SETTING OF THE NEXT PLANNING BOARD MEETING Chairperson Woodhouse: Good evening, and welcome to the December 11th meeting of the Southold Town Planning Board. This is our last meeting of the year. For our first order of business, I'll entertain a motion to set Monday, January 8th, 2007 at 6:00 p.m. here as the time and place for the next regular Planning Board Meeting. Ken Edwards: So moved. Joe Townsend: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: That motion carries. We have several public hearings tonight. Southold Town Planning Board Page Two December 11, 2006 PUBLIC HEARINGS 6:00 p.m. . Sterlina Harbor Inc. at Bavview: Proposal is for a standard subdivision to subdivide a 14.1529-acre parcel in the A-C zone 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 ntsto Main Bayview Road, 300.21' eto Midland Parkway in Southold. SCTM#1000-88-2-15 Chairperson Woodhouse: Is there anyone 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. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: This hearing is closed. Ken, would you please read the resolution? Ken Edwards: I will offer the following resolution: WHEREAS, this proposal is 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, on February 13, 2006, the Southold Town Planning Board issued a negative declaration for this project pursuant to SEQRA and granted conditional sketch approval upon map prepared by John T. Metzger, L.S. dated October 22, 2005; and WHEREAS, on June 1, 2006, an application for preliminary plat approval was submitted to the Planning Board, including the revised preliminary map prepared by John T. Metzger, L.S. dated October 22,2005; revised Yield Plan prepared by John T. Metzger, L.S. dated; and the LWRP Coastal Consistency Review Form; be it therefore RESOLVED, that the Southold Town Planning Board hereby close the public hearing for this project and will render a decision at a later date. Southold Town Planning Board Page Three December 11, 2006 Joe Townsend: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? And that motion carries. ******************************* 6:05 p.m. . The Cottaaes at Mattituck: This proposal is for a Standard Subdivision to subdivide a 7A-acre parcel into 22 lots for an affordable housing development, where the lots range in size from 8,000 square feet to 15,817 square feet, in the Affordable Housing District. The property is located on the south side of Sound Avenue and the west side of Factory Avenue in Mattituck. SCTM#1000-122-2-23.1 Chairperson Woodhouse: Is there anyone who would like to address the Board on this application? Abiaail Wickham: I'm representing CDC, the applicant. Since we were here before you on the preliminary hearing, the following things have happened: the Town and the applicant have agreed upon, executed and recorded in the Clerk's Office the affordable housing covenants which assure this property will be perpetually affordable. The CDC has paid the Southold Town Clerk $125,000 and obtained a certificate for 12 credits. The Health Department has issued its approval, the lottery has occurred, (inaudible), the Health Department has (inaudible) and the Covenant that the Planning Board has required in regard to the subdivision itself has been approved and will be recorded. I would like to thank the Board again for their role extending help and being extremely helpful, cooperative, expedient, and making some hard decisions quickly when they needed to be made. If there is any question or issue that the Board has, I'd be happy to address it. There is one issue that I believe someone may be here on tonight. Yes, Kim. I just wanted to mention that although it was not a requirement of the Planning Board or the Town, the applicant will voluntarily agree to plant a line of evergreen trees along the east side of the house that is on the road next to the roadway where it exits onto Sound Avenue in order to effectuate screening. Her house is located so close to the line that she doesn't even have room to plant trees; they will put a line of evergreens along there, if that would alleviate the concern. Thank you. Chairperson Woodhouse: Is there anyone else who would like to address the Board on this application? And would you please sign your name on the piece of paper there when you speak. Thank you. Robert Pike: Gail has run off with it. Southold Town Planning Board Page Four December 11 , 2006 Chairperson Woodhouse: Gail? Ms. Wickham, when you're done, would you please return the paper. (to Mr. Pike) You can speak in the meantime. Robert Pike: I am an attorney at law in Riverhead, New York. I realize it has been a while since I participated in political discussions with the Town of Southold, but today I feel compelled to offer you a slightly different perspective on this application, and the application of general principles of planning. In watching this project unfold, I have often been reminded of one of my favorite bumper stickers, which is the one which says "Plan Ahead," and the "d" is kind of crushed at the end because they didn't plan ahead to make enough room for it. So I am here on behalf of a woman, because her affordable housing, her dreams and possibly her body could be crushed by the unaltered adoption of this subdivision. Before I get into details, who am I to make such a bold claim? I have served in various relevant capacities: so that you may recall that in the '80's I was the attorney for the State Robbins Island Committee, and Robbins Island stands preserved today. I represented various civic groups in Greenport and Southold. I served five years as an adjunct professor of environmental law at Long Island University, and spent two terms (eight years) as a member of the Board of Directors, Trustees of the Long Island Nature Conservancy. In addition, I was a member of the Riverhead Town Board from 1985 to 1989, during which time we (inaudible) some ten thousand acres of Pine Barrens and undertook numerous farmland preservation techniques that are now the law of the land. I also helped sponsor, as a Town Board member, a similar project to what you are trying to do here, up on Osborne Avenue in Riverhead. My connection to the Town of Southold and Mattituck goes quite a bit back, indeed into the core of Mattituck itself. One John Pike traveled across the Long Island Sound from Old Lyme, Connecticut in 1672 and settled what was then known as the Pike Farm. Remnants of the farm lie under the high school, property around it and, of course, Pike Street. Our new home in Mattituck was built on Main Street across from the Catholic Church. My brother and I still own it; it's our new home and was built in 1875. I also happen to own an equitable interest in the property that is directly affected by this proposal. Kim used to work for me and, as part of my help to her, I helped her buy what was her affordable housing, and was proud to have done so. I also realize that some people would consider the phrase "a planner from Riverhead" to be an oxymoron. I would simply point out that my father's father, Otis Pike, Sr. carried some of that Mattituck wisdom down to Riverhead where his son, Otis Pike, went on to successful notoriety, and has two nature preserves named after him. Through the combined efforts of various teams around this island, is preserved, and the Town of Riverhead has a new comprehensive master plan. I won't ever do that to you again. It's been awhile and I just wanted to remind you that I have been here before and that occasionally I know what I'm talking about. As to The Cottages at Mattituck, I want to have some general editorial about the overall site configuration and then specifically how it affects Kim. But generally speaking, any plan that septuples the density on the parcel is going to have an impact on the neighborhood. And each and every one of Southold Town Planning Board Page Five December 11, 2006 those impacts should affect and guide the configuration of the site plan. I don't see the logic in the access road running by Kim's house. I don't. I think it's a fundamental mistake. I don't care how clinically your planners filled out the Neg Dec on this one. Somewhere in your gut you must know that this project is going to affect the quality of the lives in the parcels that surround it. The decision-making process that really starts tonight with the Planning Board should be the site plan configuration. They have gone ahead presuming none of what you have to say about site plan configuration makes any difference. They actually put the step of having a lottery on lots that they have no legal right to build, and they have no legal right to put buildings on yet. They assumed they could do so. Now, I understand that builds a constituency and they can come in here and tell you "hey, you're taking away my home," but I thought it was a bit presumptuous to have the lottery on Saturday. Any problems that ensue from that are entirely the developers, not yours. You are free to configure an excellent site plan here. A couple of planning issues: any subdivision that only has one way in or out has serious fire safety issues, so I see that there is a roadway and then there's an emergency exit. When a subdivision is physically located on two roads, it should have access to both in some way, as this increases safety. But it is my opinion from having studied years of urban development, that the road should be the road that provides the most direct route to the hamlet center and clearly on this parcel that would be Factory Road. Railroad tracks, which are right nearby, and aren't an issue, and I've looked at what the planners have to say about that. Railroad tracks they don't complain about noise levels. They're kind of hard to ignore because of their noise levels. And that's why people build away from them. Residents with an additional 15 cars an hour going by their house at rush hour within a few feet of their house do complain. The language in the traffic report about the problems with the railroad crossing is self-serving in a number of ways. However many times the train goes by this site is not an issue because the gates come down. You cannot turn right off of what would be the access road with plenty of buffer: railroad on one side and a lot of room on the other, and turn into the railroad crossing. You can't physically do it. The idea that there is an issue with that I think is completely specious. I believe that the configuration of this plan is just plain wrong and needs substantial work. I know it's inconvenient, and I know you will upset people. But I believe that by not giving it a hard analysis, we have the full right and responsibility to do so, you run a substantial risk of approving a development of wool that is firmly wrapped in the sheep's cloth of affordable housing. Those are my general comments. I did come here because of what this plan does to Kim Fuentes. I notice in the plan that some respect has been given by Nelson & Pope to the idea of buffers. There are 25' vegetative buffers between each of the lots and properties and that is to avoid the conflict between children playing in one yard and making a lot of noise and children playing in another lot. There's a 25' vegetative buffer in the plan. And I'm glad they pay respect to it. But her house, which has 2-1/2' off the property line, has no buffer. Her oil tank is outside of her house, on that side. No buffer whatsoever. Now, this access road proposes two lanes of traffic. Imagine if you will that a snowy Christmas evening comes Southold Town Planning Board Page Six December 11, 2006 that we all dream of, and there's a car trying to get left onto Sound Avenue. A delivery truck is coming from the east. The driver has been delivering Christmas things all day long, he's tired and he wants to go home too, and soon. But in rounding the other car, as he has the right to do, and hitting the inevitable slippery snow, he skids while turning into this access road. From the road, even at 20 mph, he'll be there in a second and a half, if he actually skids in the access road, the impact would be near instantaneous. This isn't about bushes and shrubbery. This is about the safety and welfare of one of your citizens. Can anyone here really imagine trying to get to sleep in the bedroom on that side of the house? There's got to be a better plan; there has to be. I now understand that they talked about moving it from zero feet to 12 feet, and that is the beginning of a discussion in my opinion for where the emergency road should be. And Kim and I stand ready to help this Planning Board reconfigure the site and buffer her home from either this access road. Or hopefully, should you wisely decide that this portion of the site should become an emergency access road to the site, an alternative plan for this all too narrow portion of the development site. I've gone on long enough and I'm sure Gail is going to have a few things to say, and I'd love to hear what other people have to say on the project. I can deliver specific thoughts on it but again I think I've gone on too long. Better I could do it in writing, or in either case I'd like you to keep the record open for a little bit on this hearing. But we all want to sleep well at night, safely in our homes. As this plan stands now, Kim Fuentes stands to become the crushed letter "d" in the bumper sticker "Plan Ahead." Chairperson Woodhouse: Is there someone else who would like to address the Board on this application? Carol Sullivan: It's kind of tricky because my husband and I also have a subdivision that is being voted on tonight for a piece of property that is two houses down from where we live. That is actually a farm that we bought in 2001, so it didn't become a housing development. On the survey for the Charlotte Dickerson house it has a farm road and it has access to public water. The minute we found out that Charlotte was putting the house on the market we went "oh, s_, housing development." Let's make sure that this doesn't become five or six new houses. It was big enough even in two-acre zoning to have that many houses, and we had just bought a very, very old house. The year before we wanted the house we live in, which is bordering this property, it's five acres, we wanted Y, acre with room for a pool; we bought an old farm and we have worked for the last six years restoring these two houses, bringing the farming back to an economical engine. We had a house burn down which you know at least I have to say the fire issue has been addressed on this project. Our house at 9900 Sound Avenue burned down two or three years ago. There were seven fire trucks in the middle of the night in December battling this fire. It was a total loss fire. One of my biggest concerns during this whole design was: how are they going to get seven fire trucks close enough in that little cul-de-sac; we are on a main road and at 3 a.m. they were talking about South old Town Planning Board Page Seven December 11, 2006 which house and which house building, I wanted to say "and in what order?" I hope none of you ever go through that kind of experience. In my mind's eye it looks as though we are having affordable housing there. When Eric and I bought the property, we never thought that it wouldn't get developed, nor did we have the money to go bang on his door and buy it as well. If I had known there'd be 22 new houses, I probably would have worked a fourth job over the three that I did over the last five or six years to afford our house and everything else that we've done. We, by the way, were forty years old when we bought our first house, put 10% down, and the last $20,000 went on a credit card. So if anyone is going to tell me about what you can and can't afford as far as buying a house, I don't really buy into that; we don't have kids so there's none of that. We drive a 14-year-old car, and that's the new one. So, I'm a little feeling like, yes, this is socialist, it's great, people are getting house at Y, price. But we have worked very long and hard for this. As far as the zoning and codes for the subdivision, I downloaded codes and a couple of things that I'm really kind of upset about is that the total lot area in the code which is very new, when we bought our property, affordable housing was not a code in this Town yet. It says that each lot has to be 10,000 sq. ft. Fifteen of these lots do not comply. In addition, it says on the front yard that a lot width has to be 35' or 80'. Only one of these lots complies. I don't think we're arguing at this point about affordable housing as much as I am arguing about the density and the down sizing of the property. Given the light of what they're trying to put on those seven acres, we could turn around and put 44 houses in our back yard without leveling a house. I just personally think the density issue needs to be looked at. In the Code 280-28-1, it says: "if it's an undesirable change that will produce a negative effect on the character of the neighborhood or detriment to nearby properties." One of the things that I'd like to point out is these properties, even though Factory Avenue isn't such a nice block, and that whole area has gotten a lot nicer than six years ago, seven years ago when we looked at the property where we were actually being steered away from buying in that neighborhood. The properties in the affordable housing district are half the size. Now, as far as Kim's house, I am beyond that the Town is allowing a road to be so close to her property line that a 12' buffer is basically from here to the wall. It's nothing. It's a planting bed outside your back door. It's not somebody driving their SUV and making the turn and every time somebody turns in and out, if you've not been to her house, you should drive by. She has a bay window. Every time somebody comes into that property, they're shining their headlights into her living room. I personally wouldn't want that to happen in the neighborhood and I feel horrible that it is. Another thing in this section via the code is that if there is an impact on the physical and environmental conditions in the neighborhood: again, the neighborhood is not, like Mr. Klatsky pointed out, a rich neighborhood. I think he used the word "poor" last week, and the developer was willing to sell because he didn't think that the neighborhood held a market for houses in the $500-600,000 range. Personally, I'm extremely upset about that. (1) I've had each one of my houses appraised on numerous times by banks over the last six years, and I've rebuilt a house. You know what? They're all in that range. If you look Southold Town Planning Board Page Eight December 11, 2006 at the title transfers in the neighborhood over the last couple of years, those houses are selling in that range unless they're in very, very bad disrepair. I don't think it's fair to say "Oh, that's a poor neighborhood; we can cram in a lot more." Factory Avenue and Sound Avenue have improved significantly and I think it's because certain people on the block, Kim included, have really made an effort. Eugene Berger took a lot of money to restore the house down at the other end by Portobello, and has done a beautiful job restoring that house. For this to be the bad part of town, I think it's kind of inexcusable. Historically, affordable housing has been for areas where there is blight. And you want urban renewal, you want economic development. It has done tremendously well in certain portions of New York. It's done great in the South Bronx, in Bushwick, it's done well in parts of Long Island such as Wyandanch where people are really looking for an economic boost into neighborhoods that were teetering. And I don't think that this particular site is in an economic downturn; I think it's quite the opposite. And while I say it's OK, build some houses, what I would like you guys to do is really look at the density and look at the traffic flow, because it's just unbelievable that the Town would allow 22 homes and the number of cars to go through there every time they turn in the road, they're pointing their headlights at Kim's house. That, personally, I think is horrible. As far as in Section 4, where it goes on about a difficulty being self-created, or it's Section 5, I'm sorry. I do construction management for a living. My job is to go onto projects, I represent the lender, and I audit projects. So at the beginning of a loan I look at projects, I look at land costs, development costs, the sale price and the length of time it takes for the loan or the sale of the houses, and help make an assessment as to whether or not this is a good economic risk or it's a bad loan. That's what I do all day, and I work from home. My feeling is, if CDC feels that they paid too much for the lot, or that they couldn't make this economically viable by staying within the parameters of a fairly new code and not looking for relief by downsizing the lot, they either did not do their due diligence, or somebody needs to look into how not-for-profit CDC really is. It's either one or the other. And I have reviewed too many projects over my 20-year career looking at whether or not a project is financially feasible. That's what I do for a living. As far as the water issue, I have been told that all of the residents along Factory Avenue that have public or have wells, as well as the residents who are on Sound Avenue who have wells, will be eligible for a free water hookup. Now, I have five wells on our property. Two of them are 120, which is the neighboring property, I have actually put town water on my two tenant houses. On their current maps, I am listed as having public water. My tenants have public water; we have a well. One of our wells services the house, and it is much closer to the property line and to this housing development than any other neighbor on Sound Avenue. In addition, we have an irrigation well, which is going to be reactivating in the spring, to farm, and that is 10' from the property line, and it's 15' into a ditch. A year ago, if somebody said E Coli in water, I wouldn't have even thought to think about irrigating and making sure that water was tapped at that level as drinking water, but it's become a national crisis in that people are afraid to buy certain produce because the septic system is blending with your water. So, I really Southold Town Planning Board Page Nine December 11, 2006 am getting very frustrated by the runaround that I'm getting from the CDC people that "Oh, we'll look into it; our engineering department says you don't need public hookup." And I think the whole water issue, the fact that they're even saying we need to hook people up to public water is probably throwing a big concern about the tap poles, what's going on with the retainage ditch where you get water. I really think that a further investigation as to what that's doing to the water source should be considered before 22 houses are put on this property. The property to the west of our fields was bought by the Suffolk County Water Authority. It's a preserve now. From what we understand from them and from the engineers who spent months traipsing through our property, our property, the affordable housing lot and the 70 acres next door sit on the top of the Town's aquafilter and it all flows basically from that point down to Laurel Lane. I really think that a further environmental review of what this will do to the water should be looked into. Thank you. Chairperson Woodhouse: Is there someone else who would like to address the Board on this application? Anthonv Trezza: I'll let Gail speak, and then if there are other questions, 1'11..... Gail Wickham: Are there any other comments? Chairperson Woodhouse: Is there anyone else from the audience? I think you're up. Gail Wickham: I will try to be brief. I must respond first of all to Mr. Pike, because I don't believe, weill know that his facts are not accurate, and the comments that he raised have been fully discussed with the Planning Board during two public hearings before your Board, at least two public hearings before the Town Board, perhaps three, numerous work sessions and extensive public discussions. So, all of these issues were valid concerns at the beginning of this project, they have been addressed throughout, and I think that we have come up with a very good, well-planned out plan. As far as the traffic, specifically, there was a traffic study that was performed and reviewed. The Town Engineer and the Town Highway Superintendent have reviewed this map and the access. The independent consulting engineer hired by the Town has reviewed and approved the access, and it has really been through, as your Board knows, extensive discussions on what was the right access and what was best to be done, and this was what was arrived at as the better plan. As far as Ms. Fuentes' concern about the proximity of her house: first of all, that property I do have to say was bought by her with knowledge of the proximity to the property line. And certainly a real estate attorney who is as astute as Mr. Pike has described himself tonight should have recognized that that parcel by its nature is too small in that area for a house, and it's obviously the access point that was contemplated for that property. She knew that the property was, that the house was very close to the line, however, the applicant has done as much as they can Southold Town Planning Board Page Ten December 11, 2006 do on this application to try and recognize and accommodate that difficulty that she has; not only the screening that I mentioned, but when the road was located on the map, we offered to move the, off center the road as far as possible from her property line as the Highway Department would allow us to. It is now going to be 12' from her property line to the actual paved road bed. We would have moved it further east, but the Highway Department said they needed room on the other side for snow removal and other types of highway maintenance. But, again, I think that certainly there is going to be buffering, there's going to be this median strip, and everything that could be done to accommodate her particular personal hardship has been done. As far as Mrs. Sullivan's comments, again, we have discussed those issues repeatedly. I do recognize and appreciate her comments and certainly we all wish we could purchase as much property as we could around our homes to avoid other homes from being built. Unfortunately, that's not possible, and I don't think we're here tonight to re-debate whether affordable housing is necessary or the density issues that we have heard many, many times before. It is a nice neighborhood, but it is already a dense neighborhood. We received variances from the Planning Board for a lot within area in recognition of all the factors that you considered. The lots have at least 10,000 s.f. average; we do meet the density requirements as far as the code on that. In terms of the appearance of the houses that have been designed by a quality builder with cedar shingles, front porches, they will all have basements; they will be quality construction. I do think it will be an asset to the neighborhood, I don't think it's going to be poorly constructed, shoddy, unpleasant homes, and they will be supplemented by the natural buffers that your Board has imposed. Regarding the public water issue that Mrs. Sullivan raised, those public water hookup requirements that apply to this subdivision are the same that the Health Department requires for any subdivision. And that has to do with separation. There must be 150' between a domestic supply of water for a house, not an irrigation well, a house, and the proposed cesspool. So, we have met those requirements and I understand from Mr. Milliken who is our engineer, that as far as the hydrologist's report, the groundwater flow in that direction is northeast, not towards Laurel Lake. I think that covers all the questions that were raised or issues that were raised tonight. Thank you. Chairperson Woodhouse: Would anyone else like to address the Board? Mr. Pike? (inaudible exchanqe between Mr. Pike and Ms. Wickham) Robert Pike: It's never too late to do the right thing. Mark Terry: Mr. Pike, did you see the previous maps in the file? Have you reviewed the succession of maps in the file? Robert Pike: I have not seen all the maps, I think I've seen one prior to this. Southold Town Planning Board Page Eleven December 11 , 2006 Mark Terry: There were earlier maps in the file that had a through road that dumped down onto Factory Avenue. Robert Pike: I'm aware of that. Mark Terry: There was also a map in the file that had a tap road out onto Factory Avenue. We consulted our traffic engineers, Nelson Pope & Voorhis. They both came back with recommendations that that is not an acceptable exit or even an ingress or egress into the property. Due to line of sight issues, traffic conflicts as well as train tracks to the south. So, we have exhausted all our possibilities and had to come up with an alternative, and the alternative is Sound Avenue. Robert Pike: I would point out to you that Nelson & Pope is also a developer. Mark Terry: No. Anthonv Trezza: The Town Engineer did review this from beginning to end, and the Town Engineer also had made a recommendation based on the information that was provided in the traffic report and the information on the site plan as to the location. It wasn't just derived by the applicant or their engineers; our own engineer, our own highway superintendent also reviewed it. Gail Wickham: And if I could correct the record, Cleary Engineering was the consulting engineer on this project for the Town. Mark Terry: Right. They retained Nelson & Pope to do the traffic analysis. Robert Pike: Well, gentlemen, I clearly am of the opinion that they have collectively been seduced by a great lawyer and a great team of consultants, and they're wrong. Part of the problem is that they want to get watts on the cold buffer area that exists on Factory, but if you look at the map, they're squeezing three in adjacent to the railroad. Now clearly they are driven by density, clearly they're driven by a spreadsheet here, but if you put a road near the closest property to the railroad, put it there, you lose a lot or two. But I tell you that the traffic problem here is self-created by the need, their apparent need to pack density on the property. So maybe I'm a little late, maybe I haven't read everything. I've had my own struggles in the last couple of years. But I submit to you that if you make the decision now that everything's OK with this general configuration, you should not at the same time make the same decision about the danger to Kim Fuentes and her family and her friends. This building will be a visual target for lights, it will be an acoustic recipient of constant noise, that far away. It will be in the worst case scenario, a very dangerous place. I just submit to you that a line of cedar trees is not going to stop the lights, it's not going to stop the sound, and it sure as Southold Town Planning Board Page Twelve December 11, 2006 heck won't stop a delivery truck. And a heck of a lot more both can and should be done to protect the life of Kim. Chairperson Woodhouse: Is there anyone else who would like to address the Board? Does anyone on the Board have any questions or comments? Joe Townsend: I have a comment. I certainly appreciate Rob's record of public service. It's exemplary, and that of the family is also and, as a friend I appreciate what you've done over the years. But I do have to say that we have looked at several proposals, several different site plans and unfortunately compromises have been made for the greater public good in this area in this application. I know things that concern me is lack of recreation area, and that's the thing; when you look at the benefit to the public and how well it was received by people that are in desperate need of some moderately priced good housing, I think I'm prepared to approve it. Living on the Main Road approximately the same distance from a very active highway, I certainly understand the questions, but I've planted my trees and it's helped a fair amount. I think that it won't have the impact that you're perhaps anticipating. Basically, the property is located in such a position that it is a very, very appropriate property for this kind of development. You don't have to have a car to get downtown. And there is access to downtown. The difference in, we looked at the difference in that access versus the Factory Avenue access, and if you're in a car, it didn't make much difference. If you're walking, then you can go right out to Factory Avenue, and you can walk to the markets at the shopping center there. So many of these projects are in "east Jesus" somewhere where you need a car and you know people are isolated and there's no access to the community. The general scope and purpose of development in the last few years is to create a hamlet center that's vibrant and has all forms of housing in it, so I think this project does satisfy this, Rob, and that's why I'm personally in favor of it. Anthonv Trezza: I'd just like to state for the record, regarding the density, the Town Board changes on the property to affordable housing district which gives you a certain as of right density, and he did a yield map that conforms to all the requirements of the Town Code that show 22 lots. Now, as of right, if you have a zoning designation AHD, you could have x amount of lots based on the yield map requirements in addition to 50% accessory apartments. That part of the project was removed in negotiating with the Town because they thought it would be excessive to have the apartments there. But the yield map conforms to the requirements of the Town Code at that kind of density. I don't think there's any question about that, that it meets the density requirements, I just wanted to state that. Chairperson Woodhouse: Thank you. Ken Edwards: I'd just like to add that the Mattituck Fire District has reviewed these plans and we have accepted their recommendation. South old Town Planning Board Page Thirteen December 11, 2006 Chairperson Woodhouse: Any other comments? Is there anyone else in the audience who would like to address the Board? I will entertain a motion to close the hearing. Ken Edwards: So moved. Mark Terry: I'd just like to ask Mr. Pike if any other proposals to mitigate the impacts to your client's property, other than moving the access, because that's not. Robert Pike: There's always a Plan B. I certainly do. I would like at least a day to finish it. I've got a rough outline but Kim and I have been consulting all day and I'd like a day to get them into the record, please. I think I mentioned that earlier. Chairperson Woodhouse: We can close the hearing and still accept comments. Robert Pike: Thank you very much. Gail Wickham: Could I ask a question? Chairperson Woodhouse: Yes. Gail Wickham: At what point then would the Board be in a position to make a decision. Chairperson Woodhouse: Give us a moment to discuss how long we would hold issuing the final decision. (discussion) We would accept comments up until next Monday, which would be our next work session, at which point we would render a decision. Gail Wickham: Could I make a request? Since all we're talking about is a small area there, would the Board entertain a very short recess now where I could discuss it with Mr. Pike and we could come back and see what his proposal might be now. This is not a hugely complicated question that Mr. Terry has posed to him. Chairperson Woodhouse: That's agreeable, if Mr. Pike is agreeable. Let me make a proposal that we then suspend discussion on this hearing and we move on to some other business giving you an opportunity to discuss it and then come back to us and let us know where you're at and then we'll take it from there. Ken Edwards: I withdraw my motion to close the hearing. Southold Town Planning Board Page Fourteen December 11, 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' south of CR 48 in Southold. SCTM#1000-63-1-5 Ken Edwards: I will entertain the following: BE IT RESOLVED, that the South old Town Planning Board hereby holds open the public hearing for the Charnews Subdivision. Chairperson Woodhouse: Second. All in favor? Ayes. Chairperson Woodhouse: Opposed? And that motion carries. **************************** CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE- SUBDIVISIONS (Lot Line Changes) Final Determinations: Sullivan. Carol. This proposal is to subdivide a 9.33-acre parcel into two lots where Lot 1 equals 8.87 acres and Lot 2 equals .46 acre in the R-40 and R-80 Zoning Districts. The property is located on the south side of Sound Avenue, approximately 799' west of Factory Avenue in Mattituck. SCTM#1000-122-2-24.1 Joe Townsend: WHEREAS, this proposal is to subdivide a 9.33-acre parcel into two lots where Lot 1 equals 8.87 acres and Lot 2 equals .46 acre in the R-40 and R-80 Zoning Districts; and WHEREAS, on February 13, 2006, the Southold Town Planning Board granted conditional sketch approval upon the map prepared by John C. Ehlers, L.S. dated June 3, 2005 and last revised September 15, 2005; and WHEREAS, on April 10, 2006, the Southold Town Planning Board designated itself as lead agency for this unlisted action and granted a Negative Declaration pursuant to SEQRA; and WHEREAS, on August 14, 2006, the Southold Town Planning Board granted conditional preliminary plat approval on the map prepared by John C. Ehlers, L.S. dated June 3, 2005 and last revised June 26, 2006; and Southold Town Planning Board Page Fifteen December 11, 2006 WHEREAS, on November 2, 2006, the applicant submitted the application and fee for final plat approval, eight (8) paper prints and five (5) mylars of the final map, each containing the Health Department stamp of approval, the final draft Declaration of Covenants and Restrictions, the Local Waterfront Revitalization Program Consistency Assessment Form and the Park and Playground fee in the amount of $7000; and WHEREAS, on December 1, 2006, the applicant submitted one (1) copy of the final Declaration of Covenants and Restrictions as recorded in the Office of the County Clerk; and WHEREAS, in a letter dated December 1, 2006, the applicant requested that the final public hearing be waived; be it therefore RESOLVED, that the Southold Town Planning Board finds that the proposed action is consistent with the Policy Standards under the Town of Southold Local Waterfront Revitalization Program; Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Carries. Continue. Joe Townsend: and be it further RESOLVED, that because the final map is in substantial agreement with the approved preliminary map and there was no public opposition to the project at the preliminary hearing, the Southold Town Planning Board hereby waives the final public hearing for this project; Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Joe Townsend: and be it further RESOLVED, that the Southold Town Planning Board finds that all of the conditions of preliminary plat approval have been satisfied and that the requirements for subdivision approval pursuant to Chapter 240 of the Town Code have been fulfilled by the applicant; Ken Edwards: Second the motion. Southold Town Planning Board Page Sixteen December 11, 2006 Chairperson Woodhouse: All in favor? Ayes. Joe Townsend: and be it further RESOLVED, that the Southold Town Planning Board hereby grants Final Plat Approval upon the plat prepared by John C. Ehlers, L.S. dated June 3, 2005 and last revised September 29, 2006, and authorizes the Chairperson to endorse the maps. Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: That motion carries. ************************************** Old Orchard at CutchoQue: 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. The property is located on the northwest corner of New Suffolk Road and Cedars Road in Cutchogue. SCTM#1 000-1 09-6-9.1 Martin Sidor: 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, on December 12, 2005, the Southold Town Planning Board granted conditional sketch approval upon the map prepared by Jeffrey T. Butler, P.E. dated last revised October 14, 2005; and WHEREAS, on December 12, 2005, the Southold Town Planning Board granted a negative declaration for this project pursuant to SEQRA; and WHEREAS, on September 6, 2006, the applicant submitted the application and fee for final plat approval, including five (5) mylars and eight (8) paper prints of the final plat, prepared by Jeffrey T. Butler, P.E. and James B. Behrendt, L.S. dated last revised May 24, 2006, each containing the Health Department stamp of approval; and WHEREAS, on September 6, 2006, the applicant submitted one (1) copy of the filed Declaration of Covenants and Restrictions; and Southold Town Planning Board Page Seventeen December 11, 2006 WHEREAS, on September 6, 2006, the applicant submitted the park and playground fee on the amount of $21 ,000; and WHEREAS, it was brought to the Planning Board's attention at the public hearing, held on November 13, 2006, that there is a discrepancy between the filed 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; and WHEREAS, on November 30, 2006, the applicant submitted an amended Declaration of Covenants and Restrictions, which indicates that access to Lot 1 shall be from Cedar's Road; be it therefore RESOLVED, that the Southold Town Planning Board finds that all of the conditions of preliminary plat approval have been satisfied and that the requirements for subdivision approval pursuant to Chapter 240 of the Town Code have been fulfilled by the applicant; Chairperson Woodhouse: Second. All in favor? Ayes. Martin Sidor: and be it further RESOLVED, that the Southold Town Planning Board hereby grants Final Plat Approval upon the plat prepared by Jeffrey T. Butler, P.E. and James B. Behrendt, L.S. dated last revised May 24, 2006, and authorizes the Chairperson to endorse the maps. Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. ******************************* Galluccio Estate Vinevards: 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. The property is located on the nlslo New York State Route 25, 850 feet wlo Alvahs Lane in Cutchogue. SCTM#1000-109-1-13 & 24.4 Southold Town Planning Board Page Eighteen December 11, 2006 Georqe Solomon: 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 WHEREAS, on December 11, 2006, the applicant submitted eight (8) paper prints and five (5) mylars of the final map prepared by John C. Ehlers, L.S. dated April 7, 2006, each containing an exemption stamp from the Suffolk County Department of Health Services; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants Final Plat Approval upon the map prepared by John C. Ehlers, L.S. dated April 7, 2006, and authorize the Chairperson to endorse the maps. Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. ******************************* Setting of Preliminary Hearings: Verity. Michael: Proposal is for a standard subdivision to subdivide a 14.1529-acre parcel in the A-C zone into five lots where Lot 1 equals 49,652 sJ., Lot 2 equals 41,302 sJ., Lot 3 equals 42,550 sJ., Lot 4 equals 41,056 sJ. and Lot 5 equals 410,845 sJ. and includes a 40,944 sJ. building envelope and a 369,901 sJ. preserved area. The property is located on the n/s/o Main Bayview Road, 300.21' e/o Midland Parkway in Southold. SCTM#1000-35-1-4 Joe Townsend: WHEREAS this proposal is to subdivide a 5.54-acre parcel into five (5) lots, where Lot 1 equals 21,454 square feet, Lot 2 equals 21,593 square feet, Lot 3 equals 25,081 square feet, excluding the flag strip, Lot 4 equals 20,477 square feet, excluding the flag strip, and Lot 5 equals 146,285 square feet, inclusive of 71 ,581 square feet of clustered open space; and Southold Town Planning Board Page Nineteen December 11, 2006 WHEREAS, an application for sketch approval was submitted on April 26, 2006; and WHEREAS, on August 14, 2006, the Southold Town Planning Board issued a Negative Declaration for the project and granted conditional sketch approval upon the map prepared by David H. Fox, L.S. dated October 18, 2005 and last revised on May 15, 2006; and WHEREAS, an application for preliminary plat approval was submitted on October 5, 2006, including the preliminary map prepared by David H. Fox, L.S. dated October 18, 2005 and last revised on August 23, 2006; and WHEREAS, the Southold Town Planning Board reviewed the application materials, including the preliminary map and the draft Declaration of Covenants and Restrictions, at their work session on October 16, 2006; be it therefore RESOLVED, that the Southold Town Planning Board set Monday, January 8,2007 at 6:10 p.m. for a preliminary public hearing on the preliminary plat prepared by David H. Fox, L.S. dated October 18, 2005 and last revised on August 23,2006. Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion carries. ******************************** SITE PLANS Set Hearings: Orlowski Hardware Co.: This proposed site plan is for the conversion of the 2nd floor of an existing building to 2,797 sq. ft. of office space where the existing basement is 2,797 sq. ft. of storage space, the existing first floor is 6,757 sq. ft. of retail space for a hardware store and 1,073 sq. ft. of retail for a clothing store where 70 parking spaces are required and no parking is provided onsite but use of nearby municipal parking is proposed on a .27 acre parcel in the Hamlet Business Zone on the s/e corner of Love Lane and Pike Street known as 320 Love Lane in Mattituck. SCTM #1000-140-3-3.4. Southold Town Planning Board Page Twenty December 11, 2006 Ken Edwards: WHEREAS, this new site plan is for the proposed conversion of the 2nd floor of an existing building to 2,797 sq. ft. of office space where the existing basement is 2,797 sq. ft. of storage space, the existing first floor is 6,757 sq. ft. of retail space for a hardware store and 1,073 sq. ft. of retail for a clothing store where 70 parking spaces are required and no parking is provided onsite but use of nearby municipal parking is proposed on a .27 acre parcel in the Hamlet Business zone on the southeast corner of Love Lane and Pike Street known as 320 Love Lane in Mattituck. SCTM #1000-140-3-3.4; be it therefore RESOLVED, that the Southold Town Planning Board set Monday, January 8,2007 at 6:00 p.m. for a final public hearing. Chairperson Woodhouse: Second. All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion carries. ************************************************************* Pindar Vineyard Storaae Blda.: This amended site plan is for the existing 40,800 sq. ft. wine storage/production building including the 2,400 sq. ft. enclosed and 2,400 sq. ft. unenclosed additions known as Pindar Vineyard Storage Building which received previous site plan approval on May 30, 2001 for the construction of a storage building in order to "store wine and wine and farm equipment" on a 36.004-acre parcel located in the Agricultural-Conservation District on the n/s/o NYS Road 25 approximately 1,860' e/o Bridge Lane known as 37325 Main Road in Peconic. SCTM #1000-85-2-14. Chairperson Woodhouse: WHEREAS, this amended site plan is for the existing 40,800 sq. ft. wine storage/production building including the 2,400 sq. ft. enclosed and 2,400 sq. ft. unenclosed additions known as Pindar Vineyard Storage Building which received previous site plan approval on May 30, 2001 for the construction of a storage building in order to "store wine and wine and farm equipment" on a 36.004-acre parcel located in the Agricultural/Conservation District on the n/s/o NYS Road 25 approximately 1,860' e/o Bridge Lane known as 37325 Main Road in Peconic. SCTM #1000-85-2-14; and WHEREAS, on November 13, 2006, a formal site plan application was submitted for approval; and WHEREAS, on November 16, 2006, the Southold Town Building Department issued a notice of disapproval for "an 'as built' amendment to building permit #31916 issued for construction of a storage building...requires approval from the South old Town Planning Board"; be it therefore Southold Town Planning Board Page Twenty-One December 11, 2006 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; Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion carries. And be it further RESOLVED, that the Southold Town Planning Board set Monday, January 8,2007 at 6:05 p.m. for a final public hearing. Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion carries. *************************************** SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Lead Agency Coordination: Heritaae at Cutchoaue: This application is for residential site plan approval for the development of a Planned 55+ Active Adult Community consisting of 139 detached and attached dwellings of approximately 2,000 sq.f.t each; an 8,840 sq.ft. clubhouse; a 1,160 sq.ft. swimming pool; two 3,200 sq.ft. tennis courts; a 2,400 sq.ft. maintenance garage; a gazebo; a gatehouse; 322 parking spaces, of which 278 are associated with the individual dwelling units and 44 are associated with the clubhouse and recreational facility; 197,043 sq.ft. of man made ponds to serve as natural drainage basins/irrigation systems; 1,162,022 square feet (27.676 acres) of landscaping; and various other site improvements including road pavement, patio and sidewalk improvements, on a 46.17- acre parcel in the Hamlet Density (HD) Zoning District located on the n/w corner of Griffing Street and School House Lane, approximately 1,079 feet n/o Main Road in Cutchogue. SCTM#1 000-1 02-1-33.3 Southold Town Planning Board Page Twenty-Two December 11, 2006 Georae Solomon: WHEREAS, this application is for residential site plan approval for the development of a Planned 55+ Active Adult Community consisting of 139 detached and attached dwellings of approximately 2,000 sq.ft. each; an 8,840 sq.ft. clubhouse; a 1,160 sq.ft. swimming pool; two 3,200 sq.ft. tennis courts; a 2,400 sq.ft. maintenance garage; a gazebo; a gatehouse; 322 parking spaces, of which 278 are associated with the individual dwelling units and 44 are associated with the clubhouse and recreational facility; 197,043 sq.ft. of manmade ponds to serve as natural drainage basins/irrigation systems; 1,162,022 square feet (27.676 acres) of landscaping; and various other site improvements including road pavement, patio and sidewalk improvements, on a 46.17- acre parcel in the Hamlet Density (HD) Zoning District located on the n/w corner of Griffing Street and School House Lane, approximately 1,079 feet n/o Main Road in Cutchogue. SCTM# 1000-102-1-33.3; 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 Type I action pursuant to Part 617.4 (b) (6) (i). Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion carries. *************************************** (discussion among the Board members & Mark Terry while waiting) Chairperson Woodhouse: We are going to resume the hearing (Cottages at Mattituck). Is there anyone who would like to address the Board at this time? Gail Wickham: Madame Chairwoman, we have offered to, in consideration of Ms. Fuentes' proximity of her house, offered to install, subject to the approval of the Highway Department, along the east side of her house for its entire length, a guide rail, which I would have called a guard rail, but Mr. Milliken corrected me, it's called a guide rail. It's one of the metal barriers that reflect oncoming traffic; it's strong enough to withstand a truck or other heavy vehicle. That would go right along the property line. Then, in front of it or east of it, would be a row of eight arborvitae that would be planted again the length of the house. We thought that was a very reasonable accommodation in order to prevent a vehicle from going into the house and to shield the noise and light that are created by vehicular traffic. Mr. Pike seems to want us to do more, and we're Southold Town Planning Board Page Twenty-Three December 11 , 2006 not quite sure what that is. I would ask that we take a representation that we will do that and close the hearing, make a decision. Thank you. Robert Pike: First of all, let me say I appreciate what they are offering so far. I do. And it is a start. My problem is it doesn't solve the problem of the sliding truck. That truck will hit the front of the house. So, what I have asked her for is to extend this guide rail 8' out closer to the road and 8' behind the house so that there's some deflection of the truck going sideways in there. I think that is the only remaining issue. Again, I am trying to save a life. These folks need to meet a deadline, and I will put one together. We're very close. Chairperson Woodhouse: I think that whatever you come up with needs to be run by the Highway Department; you need to get some information about that. I think it's the consensus of this Board to trust that you'll work out something and we are not inclined to keep the hearing open while you negotiate any further. So, I am going to entertain a motion to close this hearing, unless there is anyone else who would like to address the Board at this time. It appears to me that you have people willing to work out a solution; they're not quite sure what their solution is, and I trust that you're going to be able to work that out in good faith. Hearing no other people wanting to speak, I'll entertain a motion to close this hearing. Ken Edwards: So moved. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: That motion carries. Joe Townsend: WHEREAS, this proposal is to subdivide a 7.4-acre parcel into 22 lots for an affordable housing development, where the lots range in size from 8,000 square feet to 15,817 square feet, in the Affordable Housing District; and WHEREAS, the applicant is the Community Development Corporation of Long Island, a not for profit organization seeking to develop the subject property for affordable housing pursuant to Article VI, Affordable Housing District, of the Town Code, and in accordance with the Town's goal of addressing the housing needs of its local residents; and WHEREAS, an application for sketch approval was submitted to the Southold Town Planning Board on January 12, 2006 and the fee in the amount of $1 ,000 on January 31,2006; and Southold Town Planning Board Page Twenty-Four December 11 , 2006 WHEREAS, on March 13,2006 the Southold Town Planning Board granted Conditional Sketch Approval upon the map prepared by Victor Bert, P.E. of Nelson and Pope, dated October 31,2005; and WHEREAS, by Resolution #2006-338, the Southold Town Board designated itself as Lead Agency and issued a Negative Declaration for the Type I Action, pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Conservation Law; and WHEREAS, on June 6, 2006, the applicant submitted an application and fee for preliminary plat approval; and WHEREAS, a preliminary public hearing was held for this project on July 24, 2006 and closed on August 14, 2006; and WHEREAS, on August 11, 2006, the Southold Town Planning Board received the notice of bond estimate in the amount of $284,165 and the proposed administrative fee in the amount of $17,049.90 as calculated by the Town Engineer; and WHEREAS, on August 14, 2006, the Southold Town Planning Board granted Preliminary Plat Approval upon the map prepared by Victor Bert, P.E. of Nelson and Pope, dated May 31, 2006 and last revised on June 1, 2006; and WHEREAS, on August 30,2006, the applicant submitted the final subdivision map prepared by Paul Racz, L.S. of Nelson and Pope dated July of 2006 and last revised on August 25, 2006, containing all of the map revisions required by the Planning Board as a condition of preliminary plat approval; and WHEREAS, on August 30, 2006, the applicant submitted the final road and drainage plans prepared by Victor Bert, P.E. of Nelson and Pope dated August 16, 2006; and WHEREAS, on November 6, 2006, the Southold Town Planning Board received a letter from the Office of the Town Engineer indicating that the road and drainage plans have been satisfactorily revised and that the project will meet the minimum requirements for road and drainage improvements, as proposed; and WHEREAS, on December 8, 2006, the applicant submitted the application and fee for final plat approval, one (1) copy of the filed Declaration of Covenants and Restrictions pertaining to the perpetual affordability of the homes, one (1) copy of the final draft Declaration of Covenants and Restrictions pertaining to the subdivision requirements and the letter of water availability from the Suffolk County Water Authority; and Southold Town Planning Board Page Twenty-Five December 11 , 2006 WHEREAS, on December 11, 2006, the applicant submitted eight (8) paper prints and five (5) mylars of the final map prepared by Paul Racz, L.S. of Nelson and Pope dated July of 2006 and last revised on November 10, 2006, each containing the Health Department stamp of approval; be it therefore (the following resolution was drafted at the Public Meeting and finalized in letter form) RESOLVED, that the Southold Town Planning Board has agreed to review the proposed additional site improvements offered by the applicant to protect the adjacent property owner, identified by SCTM#1000-122-2-12 ,from the potential traffic impacts, subject to review by the Town Engineer prior to the December 19 Town Board Meeting; Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: That motion carries. Joe Townsend: and be it further RESOLVED, that the Southold Town Planning Board hereby accepts the bond estimate in the amount of $284,165 pursuant to Section 240- 32(B) of the Town Code and shall forward the Performance Bond to the Town Attorney and Town Board for approval; Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: That motion carries. Joe Townsend: and be it further RESOLVED, that the Southold Town Planning Board hereby grant Conditional Final Plat Approval upon the map prepared by Paul Racz, L.S. of Nelson and Pope dated July of 2006 and last revised on November 10, 2006 and authorize the Chairperson to endorse the maps upon fulfillment of the following conditions: 1. Submission of the Performance Bond in the amount of $284,165 and the Administrative Fee in the amount of $17,049.90. The Performance Bond will be forwarded to the Town Attorney and the Town Board for approval. Southold Town Planning Board Page Twenty-Six December 11, 2006 2. Submission of one (1) copy of the recorded Declaration of Covenants and Restrictions pertaining to the subdivision requirements. 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 approve the minutes from October 17, 2005. Georqe Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: That motion carries. I will entertain a motion to adjourn. Georqe Solomon: So moved. Joe Townsend: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: That motion carries. We are adjourned. *********************************** Southold Town Planning Board Page Twenty-Seven December 11, 2006 There being no further business to come before the Board, the meeting was adjourned at 7:20 p.m. Respectfully submitted, L~P~ oodhouse, Chairperson