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HomeMy WebLinkAboutPB-03/12/2007 KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND MAIliNG ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE WCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Monday, March 12, 2007 6:00 p.m. - RECEIV;:O {~ J J'. 0 ~ ,,' "'(j" '.~ ..~ "", PUBLIC MEETING MINUTES Present were: Jerilyn B. Woodhouse, Chairperson Kenneth L. Edwards, Member Martin H. Sidor, Member George D. Solomon, Member Mark Terry, Principal Planner Anthony Trezza, Senior Planner Bruno Semon, Senior Site Plan Reviewer Amy Thiel, Senior Planner Linda Randolph, Secretary ~., (/ . rl.v" . "." T/." ~ '..''''" ,JOU1<\'Jhl i..~. d SETTING OF THE NEXT PLANNING BOARD MEETING Chairperson Woodhouse: Good evening and welcome to the March 1 ih meeting of the Southold Town Planning Board. For our first order of business, I will entertain a motion to set Monday, April 9, 2007 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. Ken Edwards: So moved. Martin Sidor: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: That motion carries. ****************************************** Southold Town Planning Board Page Two March 12,2007 PUBLIC HEARINGS 6:00 p.m. - LaPanache Hair DesiQn: This site plan is for the alteration to an existing 1,637 sq.ft. single family dwelling as follows: two (2) station beauty salon and maintenance of a single family dwelling on a 29,141 sq.ft. parcel in the HB Zone, located approximately 211' n/o NYS 25 on the e/s/o Youngs Avenue known as 1100 Youngs Avenue in Southold. SCTM#1000-60.-2-7. Chairperson Woodhouse: Is there someone who would like to address the Board on this application? Ronnie Hill. RLH Land Planninq Services: I am here today to answer questions that the Board or the public might have regarding the proposed project. However, I would like to summarize the project as follows: as the Chairman of the Board said, it's a proposed project to take 363 sq. ft., a portion of the current residential dwelling, and convert it to a hair salon. In pursuant to Section 280-78A of the South old Town Code, a beauty parlor (the proposed use) requires 2.5 parking spaces per service chair. That would require 5 parking spaces and 6 are being proposed. Also, there was a need for (as per the Engineer's comments that I believe are the requirements of the Planning Board) drainage plans to be submitted. If you take a look at the current plan which I submitted just this morning, the drainage calculations for; what is missing from that plan are the actual details associated with the leaching pools and their interconnectivity on the site. That is currently being engineered by the engineer, and I am hoping that the Board will, in understanding that, proceed in approving, not leaving the hearing open, and, once that information is provided to me, I will very quickly submit it to the Board and hopefully this will... Chairperson Woodhouse: What kind of time frame are you talking about? Ronnie Hill: Well, he's currently in the process of doing it now. When I spoke to him earlier this afternoon; that was what he was in the midst of doing. I suspect that I will have it tomorrow evening, first thing Wednesday, no late. Ken Edwards: That wasn't the only issue, was it? Chairperson Woodhouse: There were a number of other issues I believe that staff brought to our attention. Ronnie Hill: Well, I am here to answer any questions you might have, so fire away. Chairperson Woodhouse: OK. One of the issues that appears to be missing from what we have so far was the drainage, another was signage and access aisles for the handicapped parking. Southold Town Planning Board Page Three March 12,2007 Ronnie Hill: The signage is actually listed on the plan; it hasn't changed since the last... Bruno Semon: Excuse me, Mr. Hill, the signage for the ADA and just the dimensions, obviously there are some typos with the ADA; you are aware of them, they just need to be revised. Ronnie Hill: I understand that because I mentioned it to you, Bruno. Chairperson Woodhouse: As a Board, we are just asking what are things that are missing from the plan that we need to see. Was there something else, Bruno? Bruno Semon: Just labeling. Mr. Hill illustrated that the parking for the beauty salon is 2.5 per seat, so that means there's 5 needed; he's showing 6 on the plan. The single family residence requires 2, so just indicating that the overhead garage area be an additional spot, just noting or changing that. Ronnie Hill: You and I talked about that, but I need some further clarification there. I am not sure, and after you and I talked about it I went back and reviewed the code and I didn't find where it clearly called out for two spaces. If you could just show me where that was in the code, I'd appreciate it. Single family residence? Bruno Semon: That's correct. Chairoerson Woodhouse: And I think they need to be labeled. Bruno Semon: Yes. Ronnie Hill: What I believe Bruno is asking for is that the carport, which is not labeled as a spot, be done. Bruno Semon: Madame Chair, the one thing I would just remind the Board of is that Jamie was handed this drawing within an hour of us receiving it. Jamie had a chance to look it over; he is going to be writing a letter to us with the stuff that's needed from his point of view. I would suspect that Mr. Hill probably shouldn't finish his drawing unless he speaks to Jamie or until we receive the letter so we can make sure that all of the issues are addressed. So, there may be some other things with respect to the drainage that need to be added to the drawing, not just the details that you indicated. Ronnie Hill: I understand that. Given that I spoke with Jamie on Friday, I understood that to be the case. As a result of the changes that we are making, I do understand that after he reviews it there may be some subsequent changes that he may need or want to see. Southold Town Planning Board Page Four March 12, 2007 Chairperson Woodhouse: Does anyone else on the Board have a question for Mr Hill? Does someone want to offer a motion in regard to this application? Georae Solomon: I make a motion that we close the hearing. Ken Edwards: I'll second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? The hearing is closed. Ronnie Hill: I would like to thank the Board, and I hope that you do trust in me; I will have the plans for you with the details in short order. Chairperson Woodhouse: Well, we are going to hold you to a list; we are going to read the resolution. Will someone please read? Martin Sidor: WHEREAS, the site plan is for an alteration to an existing 1,637 sq.ft. single family dwelling as follows; two (2) station beauty salon and maintenance of a single family dwelling on a 29,141 sq.ft. parcel in the HB Zone. SCTM#1000-60-2-7.1; and WHEREAS, Katie LaMorte is the owner of the property located approximately 211' n/o NYS 25 on the e/s/o Youngs Avenue known as 1100 Youngs Avenue in Southold; and WHEREAS, on November 15, 2004, the South old Town Building issued a notice of disapproval indicating that the proposed conversion of an existing dwelling to a beauty parlor will require approval from the Southold Town Planning Board; and WHEREAS, on May 18, 2005, the agent, Ronnie Hill of rlh Land Planning Services, Inc. representing the applicant Katie LaMorte, submitted a new formal site plan application for approval; and WHEREAS, on May 23, 2005, the Southold Town Planning Board held a work session and accepted the application and requested revisions from the agent, Ronnie Hill; and WHEREAS, on June 2, 2005, the agent, Ronnie Hill, was notified by letter that the application would be on hold until the Planning Department is in receipt of the items indicated in the letter and attached checklist; and WHEREAS, June 10, 2005, Katie LaMorte submitted a letter for the Southold Town Planning Board indicating the 1st and 2nd floors will remain as her personal residence; and South old Town Planning Board Page Five March 12, 2007 WHEREAS, on June 15, 2005, the Southold Fire District responded after review of the site plan and found that there is adequate fire protection with a condition that "this letter is valid for one year" and the Southold Town Planning Board accepts this response; and WHEREAS, on June 23, 2005, the Architectural Review Committee reviewed the associated site plan materials and approved the application pending the submittal of signage and lighting and the Southold Town Planning Board accepted these comments for approval; and WHEREAS, on June 30, 2005, the South old Town Engineer reviewed the site plan dated April 7,2005 and responded that parking for the single family residence has not been provided, the configuration of the parking spaces does not appear to provide for safe ingress or egress and drainage calculations have not been provided and the Planning Board agreed with these recommendations; and WHEREAS, on July 25, 2005, the Southold Town Planning Board held a work session with Ronnie Hill in attendance and, at the request of Ronnie Hill, the Planning Board agreed the site plan application be placed on hold until the Planning Department is in receipt of a revised site plan which must meet the minimum parking requirements of the Town Code in addition to all other oustanding application requirements; and WHEREAS, on April 7, 2006, Patricia C. Moore, the attorney representing and assisting r1h Land Planning Services for the owner Katie LaMorte submitted a copy of the "Easement Agreement dated March 18, 1999 recorded at Liber 289 page 159, executed between Nancy Pearson and Mandel Family Corp." for common access for review and this was forwarded to the office of the Town Attorney for comment; and WHEREAS, on May 16, 2006, the agent, Ronnie Hill, was notified by letter that the application would be on hold until the Planning Department is in receipt revised site plans containing all necessary site plan requirements; and WHEREAS, on May 16, 2006, the Assistant Town Attorney responded after review of the easement agreement that the easement would allow use of the other's half of the property but that improvements to the driveway are not addressed and indicated further review may be required; and WHEREAS, on June 1,2006, the agent, Ronnie Hill, submitted two site plans dated April 7, 2006 for review by the Architectural Review Committee and indicated "This plan is still a work in progress, but does reflect for purposes of review the signage details for the proposed project" and the Southold Town Planning Board has considered the signage detail; and WHEREAS, on June 1, 2006, the Architectural Review Committee reviewed the site plan dated April 7, 2006 and requested more information; and Southold Town Planning Board Page Six March 12, 2007 WHEREAS, on June 2, 2006, the Planning Staff issued a letter to Ronnie Hill indicating the site plan application is still on hold pending receipt of a complete site plan as indicated in the June 2, 2005 letter and attached checklist; and WHEREAS, on June 19,2006, the Southold Town Planning Board held a work session to review the minutes of the June 1, 2006 Architectural Review Committee meeting and the Southold Town Planning Board has considered the comments for approval; and WHEREAS, on September 14, 2006, the Architectural Review Committee reviewed the site plan and accepted the sign as submitted and the Southold Town Planning Board has considered the comments for approval; and WHEREAS, on December 4, 2006, the agent, Ronnie Hill submitted four site plan sets dated October 18, 2006 for review; and WHEREAS, on December 11, 2006, the South old Town Planning Board held a work session to review the revised site plan for parking requirements with Ronnie Hill and Patricia Moore in attendance and the Planning Board agreed to permit the use of off site municipal parking as allowed under Town Section 280-78 and authorized staff to circulate site plan for approval; and WHEREAS, on January 8, 2007, the Planning Staff issued a letter to Ronnie Hill indicating the site plan dated December 4, 2006 has been referred out and the Planning Department is waiting for replies from Southold Fire Department, Building Inspector, Town Engineer and Suffolk County Planning Department, additionally a copy of the LWRP form was enclosed to be executed and four additional complete original site plans will be required to be submitted; and WHEREAS, on January 9,2007, the Southold Town Planning Board, acting under the State Environmental Quality Review Act (6 NYCRR), Part 617.5 c (7), made a determination that the proposed action was a Type II and not subject to review; and WHEREAS, on January 10, 2007, the agent, Ronnie Hill submitted four revised site plan sets dated October 18, 2006 and last revised December 20,2006 to include the drainage for review; and WHEREAS, on January 10, 2007, the South old Town Building Inspector reviewed and certified the site plan for "Beauty Salon"; and WHEREAS, on January 16, 2007, the Assistant Town Attorney responded after review that the cross easement agreement will need to be recorded with Suffolk County to be binding against future owners of the adjacent parcel; and Southold Town Planning Board Page Seven March 12,2007 WHEREAS, on January 17, 2007, 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 January 30,2007, Patricia C. Moore, the attorney submitted a copy of the "recorded cross easement" for the file and this was forwarded to the Office of the Town Attorney for comment; and WHEREAS, on January 31,2007, the Southold Town Assistant Attorney responded after review of the recorded cross easement received on January 30, 2007 and indicated it is fine; and WHEREAS, on February 1, 2007, the Southold Town Engineer reviewed the site plan dated December 20, 2006 and responded that the drainage calculations need to be modified to include the entire site, the parking appears to be adequate to serve the proposed use and the path of travel from the sidewalk to the street should be improved to meet minimum building code standards and the Planning Board agreed with these recommendations; and WHEREAS, on February 5, 2007, the South old Town Planning Board held a work session to review the revised site plan date received on January 10, 2007 along with the Building Inspector's certification, Suffolk County Planning Department's response and the Town Engineer's comments and the Planning Board accepted the correspondence as submitted for approval and agreed to set the public hearing for March 12, 2007 with the condition that staff notifies the agent that five copies of the revised site plan are required with the changes as noted in the Town Engineer's response dated February 1, 2007 prior to such public hearing; and WHEREAS, on February 5, 2007, the Planning Staff issued a notification letter to Ronnie Hill of all pending requirements of this site plan; and WHEREAS, on February 14, 2007, the Southold Fire District responded after review of the site plan and found that there is adequate fire protection with a condition that the "Board would like to reserve the right to review" the site plan again "if changes occur to the property or the property in the immediate area;" and WHEREAS, on February 26,2007, the Southold Town Planning Board held a work session with Ronnie Hill and Patricia Moore in attendance, the Planning Board agreed to accept the Southold Town Fire Districts comments and informed the agent that the site plans revisions are required prior to the public hearing date; and Southold Town Planning Board Page Eight March 12,2007 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 approval of the Southold Town Building Inspector. 3. As per the landscape survivability guarantee, the applicant agrees to replace any of the landscaping which dies within three (3) years of planting; be it therefore RESOLVED, that the Southold Town Planning Board, pursuant to Town Code Chapter 280 Article XVIII, reserves the right to review and reconsider the parking requirements in the event the municipal parking is no longer proximate; Georae Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. Martin Sidor: and be it further RESOLVED, that the Southold Town Planning Board has reviewed the proposed action under the policies of the Town of Southold Local Waterfront Revitalization Program and has determined that the action is consistent with the Policy Standards in the February 28, 2007 memo prepared by the LWRP Coordinator; Georae Solomon: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Martin Sidor: and be it further RESOLVED, that pursuant to Southold Town Code 280- 131 Part I, the applicant agrees to incorporate all the requirements, comments, and recommendations of each reviewing agency as referenced above and as indicated on the site plan and corresponding attachments; Southold Town Planning Board Page Nine March 12,2007 Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Martin Sidor: and be it further RESOLVED, that the Southold Town Planning Board grant approval on the site plan prepared by rlh Land Planning Services and certified by John Christopher Cronin, P.E. dated October 18, 2006 and last revised March 10,2007 with the fulfillment of the conditions as follows: 1. The owner, agent and/or applicant agrees to revise the site plan to include all the drainage requirements to the satisfaction of the Town Engineer and Planning Board. 2. The owner, agent and/or applicant agrees to revise the site plan to ensure all handicap parking stalls, access aisles and signage comply with New York State Code and ADA requirements. 3. The owner, agent and/or applicant agrees to revise the site plan to ensure all other Town Code requirements have been met. 4. If the revised site plan varies, the Planning Board reserves the right to hold a new public hearing on the final revised site plan. 5. The owner, agent and/or applicant agrees to submit five copies of the final revised site plan after Conditions 1-4 above have been complied with. 6. The owner, agent and/or applicant shall receive approval from the Suffolk County Department of Health Services, for the approved construction and submit such approval to the South old Town Planning Department for review. If such approval varies from this approved site plan, the Planning Board reserves the right to review a new site plan application. A copy of the Suffolk County Department of Health Services approved plan must be submitted to the Southold Town Planning Department within thirty (30) days of receipt. If applicant/agent/owner fails to adhere to this requirement this approval shall become null and void. 7. The site plan approval requires that all work proposed on the site plan shall be completed within three (3) years from the date of this resolution. 8. Prior to the request for the Certificate of Occupancy, the owner or authorized agent must request, in writing, the said Building Inspector and the Planning Board to perform an on- site inspection to find the site improvements are in conformity with the approved amended site plan. Southold Town Planning Board Page Ten March 12,2007 9. 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. 10. 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. 11. Any changes from the approved site plan shall require Planning Board approval, and any such changes without Planning Board approval will be subject to referral to the Town Attorney's Office for possible legal action. 12. The Planning Board 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: Opposed? That motion carries. Ronnie Hill: Want to just quickly give me some idea of what they are? Bruno Semon: Ron, you can come by tomorrow and just read them if you want. We can't do anything so the resolution will be certainly mailed out to you as the agent. Most of them are standard conditions; the main one is Health Department that you need to deal with. Ronnie Hill: I did intend to mention that right now as part of what we are pending approval. Chairperson Woodhouse: OK. Thank you. Ronnie Hill: Thank you. ************************************************************ 6:05 p.m. - FITF. LLC: The proposed action involves the subdividing of a 3.30 acre, split zoned parcel into two lots; where lot 2.1 is located in the R-80 zoning district and equals 2.48 acres: Lot 2.2 is zoned R-40 and equals .82 acres. Lot 2.1 is proposed to be purchased by the Town of Southold for open space purposes. The parcel is located on the w/s/o Reservoir Road approximately 365' n/o Winthrop Drive on Fishers Island. SCTM#1000-9-8-2 Southold Town Planning Board Page Eleven March 12, 2007 Chairperson Woodhouse: Is there someone here to speak on behalf of this application? Patricia Moore: Just briefly, to thank the Board for so quickly acting on this application. I thank Anthony who has been processing it again as quickly as is humanly possible. This is the project that the Town wants to see completed, and at this point the Town has done everything possible. We are just waiting on the Health Department to finish up their review and then we will be ready for the closing on the open space purchase with the Town. The owners want to extend their thanks, and I as well for everybody's cooperation. Are there any comments or questions? Hearing none.... Chairperson Woodhouse: I will entertain a motion to close the hearing. Georqe Solomon: So moved. Martin Sidor: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: The hearing is closed. Would you please read the resolution? Ken Edwards: WHEREAS, the proposed action involves subdividing a 3.30-acre, split- zoned parcel (SCTM# 1000-9-8-2) into two lots where lot 2.1 is located in the R-80 zoning district, equals 2.48 acres and is proposed to be purchased by the Town of Southold for open space purposes; and Lot 2.2 is zoned R-40 and equals .82 acres; and WHEREAS, an application for sketch plan approval was submitted on September 27, 2006, including the map prepared by CME Associates Engineering, Land Surveying & Architecture, PLLC dated August 16, 2006 and last revised on September 25, 2006; and WHEREAS, this proposal requires relief from the Zoning Board of Appeals in order to create non-conforming lots in the R-80 and R-40 Zoning Districts; and WHEREAS, the Zoning Board of Appeals granted the relief on December 14, 2006 (ZB File No. 5617); and WHEREAS, this is a non-impact project that does not create additional building lots and will result in an additional 2.48 acres of open space; and Southold Town Planning Board Page Twelve March 12, 2007 WHEREAS, on February 12, 2007, the South old Town Planning Board granted a Negative Declaration for this project pursuant to SEQRA; be it therefore RESOLVED, that the Southold Town Planning Board hereby grant Conditional Final Approval upon the map prepared by CME Associates Engineering, Land Surveying & Architecture, PLLC dated August 16, 2006 and last revised on September 25, 2006, subject to the following conditions: 1. Submission of five (5) mylars and eight (8) paper prints of the final map, each containing the Health Department stamp of approval. The lots shall be numbered on the final maps. 2. LWRP Review by the Town of Southold. 3. Submission of a draft Declaration of Covenants and Restrictions with the following clauses: a. There shall be no further subdivision of any of the lots on the approved subdivision map, in perpetuity. b. No changes to any of the lots lines without Planning Board approval. c. The proposed residential structure on Lot 2 may be located at the owner's discretion. The owner shall seek such variances and other regulatory permits, as may be needed, either simultaneously with the subdivision application or at a later date, which authorize the placement of a two-story single-family dwelling on the property. d. The height of the two-story dwelling shall be limited to 28 feet to the peek. e. The size of the residence shall be limited to the following: the footprint of the first floor shall not exceed 1,296 square feet; prior to construction of said residential structure, the existing 1,296 square foot commercial structure will be demolished unless used as part of the single-family dwelling; the owner may construct an attached open covered porch to the 1,296 square foot first floor, however the porch shall not exceed 10 feet by thirty-five feet; the square footage of the second floor shall be reduced by the square footage applied to the covered porch. f. The existing dock may be reconstructed and altered in accordance with regulatory permits. Said dock is limited four (4) private residential slips. The dock shall not be used for commercial purposes. g. No detached accessory structures are permitted on Lot 2, except as may be attached and part of the total permissible square footage of 1,296 square feet. h. All storm water runoff resulting from the development of any or all of the lots on the subdivision map shall be retained on site and shall be the responsibility of each property owner. i. Specify the clearing limits for Lot 2 and refer to the appropriate section of the Town Code. Southold Town Planning Board Page Thirteen March 12,2007 j. No storm water runoff resulting from the development and improvement of any of the lots shown on the approved map shall be discharged into the wetlands andlor Fishers Island Sound in any manner. k. All driveways shall be constructed of pervious materials. I. All structures with impervious materials shall control and retain surface water runoff through the use of gutters, leaders and subsurface drywells. m. Landscaping of any or all of the lots shall consist of native, disease- resistant and drought-tolerant plants. n. The residential application of synthetic fertilizers and pesticides is prohibited on each lot as shown on the approved map. Georqe Solomon: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: The motion carries. **************************************************************** Hearings Held Over From Previous Meetings: Charnews. Daniel & Stephanie Subdivision: 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 Georqe Solomon: BE IT RESOLVED, that the Southold Town Planning Board hereby holds open the public hearing for the Charnews Subdivision. Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion carries. **************************************************************** Southold Town Planning Board Page Fourteen March 12, 2007 CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE- SUBDIVISIONS (Lot Line Changes) Final Determinations: Kanev. H. L10vd Subdivision: This proposal is to subdivide a 25.449-acre parcel into two lots where Lot 1 equals 5.242 acres and Lot 2 equals 20.207 acres. The property is located at the terminus of Strathmors Road and the wlslo Rocky Point Road, approximately 300' slo Aquaview Avenue in East Marion. SCTM#1000-21-1-30.1 Chairperson Woodhouse: WHEREAS, this proposal is to subdivide a 25.449-acre parcel into two lots where Lot 1 equals 2.93 acres and Lot 2 equals 22.511 acres; and WHEREAS, on May 10, 2004 the Southold Town Planning Board granted conditional sketch plan approval and issued a Negative Declaration for this project pursuant to SEQRA; and WHEREAS, on August 8,2005, the Southold Town Planning Board granted conditional preliminary approval upon the plat, dated December 30, 2002 and last revised on November18,2003;and WHEREAS, on February 9,2007, the applicant submitted the application and fee for final plat approval, twelve (12) paper copies and six (6) mylars of the final map, each containing the Health Department stamp of approval, one (1) copy of the recorded Declaration of Covenants and Restrictions, and the park and playground fee in the amount of $5,000; and WHEREAS, the Southold Town Planning Board previously accepted the Suffolk County Planning Commission's conditions of approval numbers 2 and 3 and required that the applicant submit the appropriate documents as described in the Planning Commission's correspondence dated September 7,2005; and WHEREAS, at their work session on February 12, 2007, the Planning Board re- evaluated the Suffolk County Planning Commission's conditions of approval and determined that condition #2 is not necessary and therefore will not require the submission of an affidavit that states that the creation of this subdivision, in view of the shoreline erosion problem, limits the relocation of the existing dwelling back from the top of bluff, and that this limitation may result in hardship in the future; and WHEREAS, on March 12,2007, the applicant submitted an affidavit, which states that the approval of this subdivision in no way commits either the Town of Southold or the County of Suffolk to any program to protect this property from shoreline erosion through construction of engineering or other work; be it therefore Southold Town Planning Board Page Fifteen March 12,2007 RESOLVED, that the Southold Town Planning Board overrides Condition 2 of the Suffolk County Planning Commission's approval because the Board finds that the limitations, as proposed by the County, restrict the relocation of the existing residence, which poses a threat to the health, safety and welfare of current and future residents; Martin Sidor: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: and be it further RESOLVED, that the Southold Town Planning Board find that the project is consistent with the policies of the Local Waterfront Revitalization Program; Martin Sidor: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: 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 waive the final public hearing for this project; Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: and be it further RESOLVED, that the Southold Town Planning Board find 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. Chairperson Woodhouse: All in favor? Ayes. Southold Town Planning Board Page Sixteen March 12, 2007 Chairperson Woodhouse: and be it further RESOLVED, that the Southold Town Planning Board hereby grant Final Plat Approval upon the map prepared by Joseph A. Ingegno, L.S. dated December 30,2002 and last revised on March 27, 2006, and authorize the Chairperson to endorse the maps. Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: The motion carries. **************************************************** Conditional Final Determinations: Savits. Barry Subdivision: This proposal is to subdivide a 12.454 acre parcel into three lots, where Lot 1 equals 1.23 acres, Lot 2 equals 1.034 acres and Lot 3 equals 10.19 acres, inclusive of a .73-acre building envelope and 7.854 acres of subdivision open space. The property is located on the e/s/o Sound View Avenue, approximately 932' n/o Mill Road in Peconic. SCTM#1000-68-4-16.1 Ken Edwards: WHEREAS, this proposal is to subdivide a 12.454 acre parcel into three lots, where Lot 1 equals 1.23 acres, Lot 2 equals 1.034 acres and Lot 3 equals 10.19 acres, inclusive of a .73-acre building envelope and 7.854 acres of subdivision open space; and WHEREAS, on April 10, 2006, the Southold Town Planning Board granted conditional sketch approval upon the map prepared by Stanley J. Isaksen, L.S. dated August 12, 1999 and last revised November 3, 2005; and WHEREAS, on July 10,2006, the South old Town Planning Board designated itself as lead agency for this unlisted action and granted a Negative Declaration pursuant to SEQRA; and WHEREAS, on August 14, 2006, the Southold Town Planning Board granted conditional preliminary plat approval on the map prepared by Stanley J. Isaksen, L.S. dated August 12,1999 and last revised July 18, 2006; and WHEREAS, November 27,2006, the applicant submitted one (1) copy of the Letter of Non-Jurisdiction issued by the New York State Department of Environmental Conservation; and Southold Town Planning Board Page Seventeen March 12, 2007 WHEREAS, on January 18, 2007, the applicant submitted one (1) copy of the draft Agricultural Conservation Easement for review and approval by the Town Board, the Planning Board and the Town Attorney; and WHEREAS, on February 8,2007, the applicant submitted two (2) paper prints and five (5) mylars of the final map, prepared by Stanley J. Isaksen, L.S. dated August 12, 1999 and last revised December 20, 2006, each containing the Health Department stamp of approval; and WHEREAS, by letter dated February 7, 2007, the applicant requested a waiver of the final public hearing; be it therefore 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 waive the final public hearing for this project; Georqe Solomon: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Ken Edwards: and be it further RESOLVED, that the Southold Town Planning Board hereby grant Conditional Final Plat Approval, upon the map prepared by Stanley J. Isaksen, L.S. dated August 12, 1999 and last revised December 20, 2006, subject to the following conditions: 1. Submission of additional application fees in the amount of $500. 2. Submission of five (5) additional paper prints of the final map, each containing the Health Department stamp of approval. 3. Submission of the final Agricultural Easement for approval by the Planning Board and acceptance by the Town Board. 4. Submission of a copy of the recorded Declaration of Covenants and Restrictions. 5. Submission of the park and playground fee in the amount of $14,000 ($7,000 per new lot created). Georqe Solomon: Second the motion. Chairperson Woodhouse: All in favor? Ayes. South old Town Planning Board Page Eightteen March 12, 2007 Chairperson Woodhouse: Opposed? That motion carries. ********************************************** Conditional Sketch Determinations: Griaonis, Est. of Antone: This proposal is for an 80/60 Clustered Conservation Subdivision of 21.5978 acres of land into six (6) lots, where Lot 1 equals 45,384 s.f., Lot 2 equals 38,521 s.f., Lot 3 equals 40,738 s.f., Lot 4 equals 42,606 s.f., Lot 5 equals 7.31 acres and is proposed to be preserved through Sale of Development Rights to Suffolk County, and Lot 6 equals 10.14 acres and is proposed to be preserved through a Sale of Development Rights to Suffolk County. The properties are located on the w & e/s/o of Young's Avenue, s/o Old North Road in Southold. SCTM#'s 1000-55-1-5.1 and 2-8.5 Georae Solomon: WHEREAS, this proposal is for an 80/60 Clustered Conservation Subdivision on 21.5978 acres of land (SCTM# 1000-55-1-5.1 and 1000-55-2-8.5) into six (6) lots, where Lot 1 equals 45,384 sq.ft., Lot 2 equals 38,521 sq.ft., Lot 3 equals 40,738 sq.ft., Lot 4 equals 42,606 sq.ft., Lot 5 equals 7.31 acres and is proposed to be preserved through Sale of Development Rights to Suffolk County, and Lot 6 equals 10.14 acres and is proposed to be preserved through a Sale of Development Rights to Suffolk County; and WHEREAS, an application for sketch approval was submitted on January 17, 2007, including the sketch plan prepared by John T. Metzger, L.S. dated July 12, 2006 and last revised on January 11, 2007 and the survey of the property identified as SCTM#1000-55-1-5.1 prepared by John T. Metzger, L.S. dated January 11,2007; and WHEREAS, the proposal meets the conservation subdivision criteria and is hereby classified as a Conservation Subdivision pursuant to Chapter 240 of the Town Code; and WHEREAS, this application involves two separate parcels but will result in the clustering of the entire yield on the property identified as SCTM#1000-55-2-8.5, pursuant to Section 242-42(F) of the Town Code; be it therefore RESOLVED, that the Southold Town Planning Board start the SEQRA lead agency coordination process for this unlisted action; Martin Sidor: Second. Chairperson Woodhouse: All in favor? Ayes. Southold Town Planning Board Page Nineteen March 12,2007 GeorQe Solomon: and be it further RESOLVED, that the Southold Town Planning Board hereby grants Conditional Sketch Approval upon the map prepared by John T. Metzger, L.S. dated July 12, 2006 and last revised on January 11,2007, subject to the following conditions: 1. Submission of the application for final plat approval. 2. Submission of a revised map with the following changes: a. Both properties must be shown on a single plan at a scale of 1"=100'. If two sheets are needed, be sure that the sheets are attached. b. The title of the map shall read "Clustered Conservation Subdivision for the Property of the Estate of Antone Grigonis. c. Clarify which lot the right-of-way is attached to or if it will remain separate but owned and managed by a Homeowner's Association. If attached to a lot, be sure that the lot area calculations are adjusted accordingly. d. Show all calculations using the acreage of both parcels. Be sure to show both square footage and acreage. e. Show the location of the road within the right-of-way. f. Show building envelopes for each of the lots and clarify whether or not Lot 4 is a separate lot or a building envelope attached to the farm parcel. g. Label the 7.31-acre open space parcel as Lot 5 and refer to it as Deed of development Rights Sale to Suffolk County. Show the lot area in both square footage and acreage. h. Indicate the amount of clustered subdivision open space and note that the acreage is attached to Lot 5. I. Label the 10.14-acre parcel as lot 6 and refer to it as a Deed of Development Rights Sale to Suffolk County. Show the lot area in both square footage and acreage. j. Add a note which states that in the event that the Development Rights Sale is not completed pursuant to the approved subdivision map and a copy of the recorded Deed of Development Rights Easement is not submitted to the Town of Southold Planning Department, the Planning Board's approval of the subdivision shall not longer be valid. k. Add a note which states that the Town of South old Building Department shall not issue building permits for any of the lots on the approved subdivision map until the Development Rights Sale is completed pursuant to the approved subdivision map and a copy of the recorded Deed of Development Rights Easement submitted to the Town of Southold Planning Department. I. Add a note which states that a Declaration of Covenants and Restrictions has been filed in the County Clerk's Office and that such Covenants and Restrictions affect the subdivision and the properties within. South old Town Planning Board Page Twenty March 12,2007 m. State that the subdivision has been adopted pursuant to the terms of the amended Chapter 240, Subdivision of Land, effective August 24, 2004. n. Provide all of the technical requirements pursuant to Section 240-21 of the Southold Town Code. 3. Submission of draft Declaration of Covenants and Restrictions, containing the following clauses: a. Future residents of the lots on the approved subdivision map are advised that the lots are subject to the noise, dust and odors normally associated with agricultural activities pursuant to Article XXII, Farmland Bill of Rights, of the Southold Town Code. b. Access to Lots 2, 3 and 4 shall be from the 25-wide right-of-way as shown on the approved map and will be subject to the terms of a filed Road and Maintenance Agreement and/or Homeowner's Association. c. No further subdivision of Lots 1, 2, 3 and 4 on the approved subdivision map in perpetuity. d. No changes to any of the lot lines without Planning Board approval. e. All stormwater runoff resulting from the development of any or all of the lots on the subdivision map shall be retained on site and shall be the responsibility of each property owner. f. No residential structures shall be permitted on Lots 5 and 6. g. Prior to any construction activity on Lot 1 ,the project will require a General Permit for the storm water runoff from construction activity (GP- 02-01) administered by the New York State Department of Environmental Conservation under Phase II State Pollutant Discharge Elimination System. h. No storm water runoff resulting from the development and improvement of any of the lots shown on the approved map shall be discharged into the wetlands in any manner. i. In the event that the Development Rights Sale is not completed pursuant to the approved subdivision map and a copy of the recorded Deed of Development Rights Easement is not submitted to the Town of Southold Planning Department, the Planning Board's approval of the subdivision shall not longer be valid. j. The Town of Southold Building Department shall not issue building permits for any of the lots on the approved subdivision map until the Development Rights Sale is completed pursuant to the approved subdivision map and a copy of the recorded Deed of Development Rights Easement submitted to the Town of South old Planning Department 4. Submission of a draft Road and Drainage Plan. Southold Town Planning Board Page Twenty -One March 12, 2007 5. Submission of a draft Road and Maintenance Agreement. 6. LWRP Coastal Consistency Review by the Town of Southold. 7. Submission of the park and playground fee in the amount of $10,500 ($3,500 for each new residential lot being created). Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: The motion carries. **************************************************** CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE- SUBDIVISIONS (Lot Line Changes) - STATE ENVIRONMENTAL QUALITY REVIEW ACT Lead Agency Coordination: Vitti. Irene Cons. Subdivision: This proposal is for a Clustered Conservation Subdivision of a 20.7572-acre parcel into four (4) lots, where Lot 1 is 18.7517 acres, inclusive of a 2.0478- acre building lot and 15.5835 acres to be preserved through a development Rights Sale to the County of Suffolk; Lot 2 equals 20,119 square feet; Lot 3 equals 29,119 square feet; and Lot 3 equals 29,119 square feet. The property is located on the north side of County Road 48, approximately 870 feet west of Horton's Lane in Southold. SCTM#1000-59-3-27 Ken Edwards: WHEREAS, this proposal is for a Clustered Conservation Subdivision of a 20.7572-acre parcel into four (4) lots, where Lot 1 is 18.7517 acres, inclusive of a 2.0478-acre building lot and 15.5835 acres to be preserved through a Development Rights Sale to the County of Suffolk; Lot 2 equals 20,119 square feet; Lot 3 equals 29,119 square feet; and Lot 4 equals 29,119 square feet; and WHEREAS, an application for sketch approval was submitted on January 31,2007, including the sketch plan prepared by John C. Ehlers, L.S., dated march 22, 2006 and last revised on November 17, 2006; and WHEREAS, the Southold Town Planning Board reviewed this application at their work session on Monday, February 26, 2007; be it therefore Southold Town Planning Board Page Twenty-Two March 12, 2007 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: 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' wlo Paradise Point Road in Southold. SCTM#1000-79-8-18.1 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, on November 14, 2006, the South old Town Planning Board started the SEQRA lead agency coordination process for this unlisted action; and WHEREAS, on February 12, 2007, the Southold Town Planning Board granted Sketch Approval upon the map prepared by Joseph A. Ingegno, L.S., dated September 12, 2001 and last revised on September 11, 2006; be it therefore RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, establishes itself as lead agency for the unlisted action and, as lead agency, grants a Negative Declaration for the proposed action. Georae Solomon: Second the motion. Chairperson Woodhouse: All in favor? Southold Town Planning Board Page Twenty-Three March 12,2007 Ayes. Chairperson Woodhouse: Opposed? That motion carries. *************************************** Re-Issue Final Plat Approval: Youna. J. Mvron at al.: This proposal is for a Conservation Subdivision of a 21.7837-acre parcel into two lots where Lot 1 is 10.6837 acres and is proposed to be acquired by the Town of Southold for Open Space purposes, and Lot 2 is 11.1 acres upon which the Development Rights have been sold to the Town of Southold. The property is located on the n/s/o Main Road, approximately 1,422 feet e/o Aldrich Lane in Laurel. SCTM#'s1000-125-1-6.3 & 6.4 Georqe Solomon: WHEREAS, this proposal is for a Conservation Subdivision of a 21.7837-acre parcel into two lots where Lot 1 is 10.6837 acres and has been acquired by the Town of South old for Open Space purposes, and Lot 2 is 11.1 acres upon which the Development Rights have been sold to the Town of Southold; and WHEREAS, on October 16, 2006, the Southold Town Planning Board granted final plat approval upon the plat prepared by John T. Metzger, L.S. dated August 16, 2006 and authorized the Chairperson to endorse the maps; and WHEREAS, the Planning Board re-issued final approval on January 8, 2007 because the time period in which to file the approved map expired; and WHEREAS, due to a filing error with the County Clerk, the applicant was unable to file the map within the 62-day time period and has again requested that the Planning Board re-issue approval upon the plat prepared by John T. Metzger, L.S. dated August 16, 2006 and authorize the Chairperson to endorse the maps; be it therefore RESOLVED, the Southold Town Planning Board hereby re-issues final approval upon the plat prepared by John T. Metzger, L.S. dated August 16, 2006 and authorizes the Chairperson to endorse the maps. Martin Sidor: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? The motion carries. Is there any other business for the Board? Hearing none, I will entertain a motion to adjourn. Ken Edwards: So moved. South old Town Planning Board Page Twenty-Four March 12,2007 Georae Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? The motion carries. ************************************************************* There being no further business to come before the meeting, it was adjourned at 6:21 p.m. /) ~ ~ CV Linda Rando Ph~ A"~ c.. RECEIVED .". ~ II.oS'lI/li- (ZJr! . ~ 1Jl tJ.,{/ au~ oodhouse, Chairperson / Southuld Tc>vln Clerk