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HomeMy WebLinkAboutPB-04/09/2007 KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND MAIliNG 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 SOUTHOLD PUBLIC MEETING MINUTES Monday, April 9, 2007 6:00 p.m. Present were: Jerilyn B. Woodhouse, Chairperson Kenneth L. Edwards, Member Martin H. Sidor, Member George D. Solomon, Member Joseph Townsend, Member Mark Terry, Principal Planner Bruno Semon, Senior Site Plan Reviewer Amy Thiel, Senior Planner Linda Randolph, Secretary SETTING OF THE NEXT PLANNING BOARD MEETING Chairperson Woodhouse: Good evening and welcome to the April 9th meeting of the South old Town Planning Board. For our first order of business, I will entertain a motion to set Monday, May 14th, 2007 at 6:00 p.m. at the South old Town Hall, Main Road, Southold, 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: Tonight there are two public hearings on the agenda. Before we start, there will be plenty of opportunities for anybody who would like to address the Board to do so. I ask that you step up to either of the two microphones; there will be paper there and a pen. Please print your name so that we will be able to transcribe the record with an accurate spelling. Southold Town Planning Board Page Two April 9, 2007 PUBLIC HEARINGS 6:00 p.m. - Fishers Island Community Center: This site plan is for the proposed renovation of an existing 15,984 sq. ft. building where 8,048 sq. ft. is commercial recreation, 797 sq. ft. is storage, 2,765 sq. ft. is meeting hall (non-profit) and 4,374 sq. ft. is miscellaneous where 56 parking spaces are required with 28 spaces provided onsite and use of nearby Ferry District parking is proposed on a 1.28-acre parcel located in the General Business District on the e/s/o Fox Lane approximately 386' n/o Whistler Avenue, known as 98 Fox Lane on Fishers Island. SCTM #1000-12-1-5.1 Chairperson Woodhouse: Is there anyone here who would like to address the Board on this application? Hearing none, I will entertain a motion to close the hearing. Ken Edwards: I just have a comment that I'd like to make before we do close the hearing. I'd like to state that I've lived on Fishers Island all my life. When this was first discussed, I was opposed to it; I thought that the building could be better utilized for affordable rental units, which is desperately needed, not only here on the North Fork of Long Island but also on Fishers Island. But I have to take my hat off to the committee; they got this project tax-exempt, went out and raised over $3 million and the project is going ahead. It's going to be something I think we'll appreciate. With that, I'd like to make a motion to close the hearing. Georae Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. Ken Edwards: WHEREAS, this site plan is for the proposed renovation of an existing 15,984 sq. ft. building where 8,048 sq. ft. is commercial recreation, 797 sq. ft. is storage, 2,765 sq. ft. is meeting hall (non-profit) and 4,374 sq. ft. is miscellaneous where 56 parking spaces are required with 28 spaces provided onsite and use of nearby Ferry District parking is proposed on a 1.28-acre parcel located in the General Business District on the e/s/o Fox Lane approximately 386' n/o Whistler Avenue, known as 98 Fox Lane on Fishers Island. SCTM #1000-12-1-5.1; and WHEREAS, Fishers Island Development Corporation (FIDCO) is the owner of the property located on the e/s/o Fox Lane approximately 386' n/o Whistler Avenue, known as 98 Fox Lane on Fishers Island; and WHEREAS, on September 5, 2006, the agent, Kinlin Rutherfurd Architects, working for the applicant, Fishers Island Community Center, submitted a formal site plan for approval; and Southold Town Planning Board Page Three April 9, 2007 WHEREAS, on May 16, 2006, the Fishers Island Ferry District, responded by letter granting permission to park "as many as 40 cars parked on our property" and the Planning Board accepts this letter with a request that the Fisher Island Ferry District submit a formal resolution; and WHEREAS, on October 5, 2006, the Architectural Review Committee reviewed the architectural drawings and associated site plan materials and withheld making comments until the Fishers Island ARC liaison responds with comments; and WHEREAS, on November 2, 2006, the Architectural Review Committee reviewed the letter from Reynolds DuPont, Jr., the Fishers Island ARC liaison, dated October 31,2006 and approved the project as proposed and the Planning Board accepts this recommendation; and WHEREAS, on November 16, 2006, the Suffolk County Department of Planning responded after review and determined this matter is for "local determination as there appears to be no significant county-wide or inter-community impact(s)" and the Planning Board accepts this pursuant to 239L & M General Municipal Law; and WHEREAS, on November 27,2006, the Suffolk County Department of Health Services responded after review that an application has been received under reference number C10-06- 0014 and the application is incomplete pending the submission of the following items: · Completed Short Environmental Assessment Form · Public Sewer Availability Letter; and WHEREAS, on January 8,2007, the Southold Town Planning Board, acting under the State Environmental Quality Review Act (6 NYCRR), Part 617.5 c, made a determination that the proposed action is a Type II and not subject to review; and WHEREAS, on January 25,2007, the Southold Town Zoning Board of Appeals granted a "Special Exception under Code Section 280-48B (6, 8)" as applied for and described under Appeal #5990 to "convert the existing industrial building into a new non-profit recreational facility and (nonprofit) meeting hall with storage and office areas"; and WHEREAS, on February 1,2007, the Southold Town Engineer reviewed the site plan materials and replied with comments and these comments have been incorporated into the revised plan to the satisfaction of the Planning Board and the Town Engineer; and WHEREAS, on March 13,2007, the Fishers Island Union Free School District submitted a motion approved by the Fishers Island School Board of Education that states: "Approve the request by the Community Center to allow the installation and maintenance of a bicycle rack on the school property next to the tennis courts. It is understood that the installation and Town Planning Board Page Four April 9, 2007 maintenance of the sidewalk bordering the tennis courts is the responsibility of the town and the Community Center" and the Planning Board accepts this motion with a change that the installation and maintenance of any improvements as shown on the proposed site plan, including any sidewalks, is not the responsibility of the Town of Southold; and WHEREAS, on March 16,2007, the Southold Town Building Inspector reviewed and responded "The proposed use Community Center is a permitted use by special exception in this B district and is so certified" with a reference to the ZBA appeal #5990; and WHEREAS, on March 21,2007, the Fishers Island Ferry District, passed a resolution which states "Resolved that the Board of Commissioners hereby grants permission to the Fishers Island Community Center that they may utilize any available parking spaces located in our overnight parking area, situated at the end of Fox Lane on Fishers Island" and the Planning Board accepts this resolution in conjunction with Fishers Island Ferry District letter dated May 16,2006; and WHEREAS, on March 22, 2007, the Fishers Island Fire District responded that there is adequate fire access and the Planning Board accepts this recommendation; and WHEREAS, on April 3, 2007, the agent submitted a letter regarding the excess material inside and outside of the building and states, 'This material has been left behind by prior occupants of the building and will be removed as part of the demolition phase of the project" and the Planning Board accepts this letter for the file; and WHEREAS, that the Southold Town Planning Board, pursuant to Town Code 9280-131 B (5), waives the parking requirements for the proposed site plan as the applicant has secured permission from Fishers Island Ferry District for the use of their property for additional parking; and WHEREAS, the Southold Town Planning Board, pursuant to Chapter 55, 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. Town Planning Board Page Five April 9, 2007 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 ~280-131 B (5), waives the parking requirements for the proposed site plan provided that Fishers Island Ferry District continues to allow parking on their property as permitted in their letter dated May 16, 2006 and resolution dated March 21, 2007 and it will not have a detrimental effect on the public health, safety or general welfare; Martin Sidor: Second. Chairperson Woodhouse: All in favor? Ayes. Ken Edwards: and be it further RESOLVED, that the Southold Town Planning Board, pursuant to Town Code ~280-131 B (5)(b), reserves the right to review the parking requirements again if a change of use is proposed; Joe Townsend: Second. Chairperson Woodhouse: All in favor? Ayes. Ken Edwards: and be it further RESOLVED, that the Southold Town Planning Board has reviewed the proposed action under the policies of the Town of Southold Local Waterfront Revitalization Program and has determined that the action is exempt as outlined in the April 5, 2007 memo prepared by the LWRP Coordinator; Georqe Solomon: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Ken Edwards: 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; Martin Sidor: Second. Town Planning Board Page Six April 9, 2007 Chairperson Woodhouse: All in favor? Ayes. Ken Edwards: and be it further RESOLVED, that the Southold Town Planning Board grant approval on the site plan sheets (1 of 2 and 2 of 2) prepared and certified by Richard H. Strouse dated June 23, 2006 and last revised March 30, 2007, sheets A 101, 102 and A201 prepared and certified by Bruce Kinlin of Kinlin Rutherfurd Architects dated November 16, 2005 and last revised February 13, 2007 and the attached lighting catalog cut and authorize the Chairperson to endorse the site plans with the following conditions: 1. The owner, agent and/or applicant shall receive approval from the Suffolk County Department of Health Services for the approved construction and submit such approval to the Southold Town Planning Department for review. If such approval varies from this approved site plan, the Planning Board reserves the right to the review of a new and site plan application. 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. 2. The owner, agent and/or applicant agrees the responsibility for the installation and maintenance of all improvements as shown on the approved site plan, including sidewalks, is the responsibility of the Fishers Island Development Corporation. No encroachments onto property owned by the Fishers Island School District shall be authorized by the Planning Board without written consent of the Fishers Island School District and final approval of the Planning Board. 3. The owner, agent and/or applicant shall remove all excess material, including any hazardous material, inside and outside of the building and dispose of such material in an approved upland facility. If necessary, the applicant must obtain any necessary permits prior to disposal for any hazardous materials. 4. The site plan approval requires that all work proposed on the site plan shall be completed within three (3) years from the date of this resolution. 5. Prior to the request for the Certificate of Occupancy, the owner or authorized agent must request, 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. Town Planning Board Page Seven April 9, 2007 6. 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. 7. If the as-built site improvements vary from the approved site plan, the Planning Board reserves the right to request a certified as-built site plan detailing all the changes. 8. Any changes from the approved site plan shall require Planning Board approval, and any such changes without Planning Board approval will be subject to referral to the Town Attorney's Office for possible legal action. 9. The Planning Board will issue a final 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. GeorQe Solomon: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Thank you. ***************************************************************************** 6:05 p.m. - Tall Pines at Paradise Point: This proposal is for a Standard Subdivision of a 19.825-acre parcel into six lots where Lot 1 equals 40,571 sJ., Lot 2 equals 40,436 sJ., Lot 3 equals 40,337 sJ., Lot 4 equals 40,070 sJ., Lot 5 equals 40,070 sJ. and Lot 6 equals 15.2 acres of subdivision open space that will be perpetually preserved through an Open Space Conservation Easement. The property is located in the Agricultural- Conservation District on the wlslo Paradise Point Road, approximately 1,207' slo North Bayview Road in Southold. SCTM#1000-81-2-5 Chairperson Woodhouse: Is there anyone here who would like to address the Board on this application? William GOQQins: (Law firm of Goggins & Palumbo for the applicant): As far as some housekeeping, I have an affidavit of sign posting and an affidavit of mailing. With that, I reserve the right to respond to any comments that are brought out into the public. Thank you. Chairperson Woodhouse: Thank you. Is there anyone else who would like to address the Board on this application? Town Planning Board Page Eight April 9, 2007 Bob Gazza: I live on Cedar Beach Creek. My major concern is the development that's going on around that marsh that empties into Cedar Beach Creek. I'd like to really see the Board take into consideration not just this particular application but any others because being at that marsh, it's a fairly good size marsh, and it does drain directly into the creek, and the creek is still very clean; we have oysters and scallops and clams and it's probably one of the cleanest creeks on the East End right now, so I'd just like to see you consider that, please. Thank you. Chairperson Woodhouse: Thank you. Is there anyone else who would like to address the Board? Allison Schroeder Mahaffy: I've lived on North Bayview Road for 41 years. The creek that he is referring to is right behind the General Wayne. The giant saltwater marshland you can't even walk on because the water is pretty deep, does have those big drainpipes that go onto the road and into the creek. But the property is spectacular; I don't know how many of you actually walked on it or just drove by it. There are tall pines. I've been walking through there most of my life with my mother and my sisters. There were trails, but there was also just enough open space that you could walk through. It's a giant pond in the middle of the property. I see red tail hawks and a lot of other animals. But the pines are spectacular, and they shouldn't be torn down. To go back in time, I live on the corner of North Bayviewand Brigantine. Right next door to me on the other side there was just a development made called Deer Run. Two mega-monster houses and they're still empty. They tore down a whole cedar forest to build these houses; they mulched them up into tiny little pieces and carted them off and sold the mulch of the trees. Then, the people who developed that property mined as much topsoil as they could out of it; my kids can verify there was a mountain of topsoil that we all climbed on and played on, it was as big as this room but taller. They carted that out on Sundays, is that allowed, to sell your topsoil on Sundays? Maybe you get more money for it on Sundays. To do it on Sundays; they put it in big trucks and drove it off; that's not really legal, I don't know. Comment later. And so these two giant houses were supposed to keep some green, and they didn't; it's all cleared. Now I see they are replanting some pine trees in between the two houses that are up; there are supposed to be five houses there altogether in Deer Run. The houses are empty. We're building houses for who? They're empty. So the Tall Pines, getting back to that, it's so beautiful, and the way the Pines are situated, and it's so huge, and these other vernal ponds. And then the salt marsh right behind it; you walk through this trail, and there really is such narrow space to put houses on. Maybe they're considering filling in the pond? I'm confused; I don't think there's actually enough land to build six houses; I don't think there's enough land to build three houses or five houses. There's just not enough land; it's all wetlands. It's all ponds; if you walk through it with me, I will gladly take you through it, and the salt marsh right on the other side of it. I do know that people recently bought one of these teeny little houses right in there and they fixed it up and then they started calling the Town right away complaining about the mosquitoes every day. Well, you buy a house that's next to a pond and you're going to get a lot of mosquitoes. So, I understand that in some developments you can put in a covenant that says "don't pollute the property, don't Town Planning Board Page Nine April 9, 2007 fertilize the property, don't kill all the wildlife in the ponds." The frogs and the toads and the salamanders and the birds all really need this land, and nobody's here to defend them. Nobody's here to speak in their behalf, except for me. And I see them, I see these animals, I know they exist and I know they're not going to exist any longer if you allow this many houses to be built and to go empty, you know? I really feel sad about it. I walk through the property all the time and I think it's a shame to allow that many houses; I could see building a house for your family and one for your, you know, your daughter. That's not too much to ask. But to say that there's 15 acres being preserved is a lie, because it's all ponds, it's water being preserved. If they're going to build six houses on it, I don't see how they're going to have any front lawns at all; these houses are gonna have to be pushed right up against the roads in order to be enough room to save those ponds without actually filling them in. And I know ponds get filled in in this Town, I've lived here my whole life, I've seen it happen. And I've seen people make promises about how we're gonna save open space and it doesn't get saved. And I've seen topsoil get carted off every Sunday morning, you know? It should have been left there, you know? Thank you. Chairperson Woodhouse: You're welcome. I think some of your concerns will be addressed by Mr. Goggins and others. I would urge you to look carefully at that map outside. If you see anybody filling in the ponds, pick up the phone and call the Town. I don't believe that that's the intention of the people who are involved in this particular project; but if you see that, please alert the Town. Thank you for coming here. Is there anyone else who would like to address the Board on this application? John Bakanic: I reside at 9502 North Bayview Road. I do understand what she was saying, but you gotta understand that we are new to this area. We've been here about eight years, so we actually had the opportunity to build on something similar to this and I have become friends with the people who are actually looking forward to building this subdivision. If it wasn't for people like this, who actually heard us come up and talk, I've gone through this once before, and given us the opportunity to actually build, we wouldn't be out here. It is beautiful; I love Southold; I came from up island. To give somebody a chance to actually have a place, come out here and live, and to meet the people out in Southold. Before I came out here, to be honest with you, which is probably about ten years since our project started, I didn't even know Southold existed. The people that are looking forward to doing this are very conciencious people; they wouldn't be doing anything like filling in ponds, carting topsoil away or anything like that. I do know them personally, they're very good people. I know they are looking to make the community what it has been. They do live in the area and I'm sure they don't want to see it go downhill. So, I am definitely for it; I'd like to see it happen. Again, I'd just like you to know that they are good people and they're not looking to take any shortcuts and hide anything or do things that the Town wouldn't allow. So, I just wanted to say that. Chairperson Woodhouse: Thank you. Is there someone else who would like to address the Board? Town Planning Board Page Ten April 9, 2007 Diane Gazza: I live on Cedar Beach Road also. While riding my bike I saw the sign notice of Public Hearing. I'm kind of dismayed. A lot of us are kind of sick of developments. We've been out here 28 years. It is a beautiful piece of property, and the name of it is ironic because a lot of those tall pines will be taken down. I know for a fact there are fox in there. There are going to be a lot of misplaced deer. There are birds; it's really a pristine place. The marsh does indeed drain into Cedar Beach Creek. My objection is just I don't want to see it developed. Another concern I did have was that the culverts that go under Cedar Beach Road, actually connecting the creek with the marshland, are kind of delicate. I mean, how much can you drive over with heavy cement trucks, heavy lumber trucks and have that culvert survive over time. It's been driven over, but it's another consideration I want you to think about because it's not only going to affect our way of life, having cement trucks go past our house every day, but if those culverts collapse, then the drainage and the connection will be affected between the marsh and the Cedar Beach Creek. So, please take that into consideration. Again, the misplaced animals and more development are just kind of dismaying to us all in that area. Thank you for listening. Chairperson Woodhouse: Thank you. Brian Huohes: Good evening. I live just off of North Bayview and I am very familiar with that area also. I do applaud the Board and the Town's efforts in trying to maintain some of the open space. In this particular matter, over 75% of this area will be maintained in an open and pristine condition for as long as we are alive and a whole lot longer. I appreciate the concerns of some of my neighbors. Unfortunately, this will be built up. Places will be built in Southold, and this is one of them. I think the owners have taken a good step to try to maintain part of this land in an open and pristine condition the way it is. Chairperson Woodhouse: Thank you. Caren Heacock: I live at 1425 Paradise Point Road. My husband and I would probably be the most affected as our property is adjacent to the development. I did call Mr. Goggins this afternoon just to ask some technical questions: some he could answer, some he couldn't, so I thought I'd throw it out to you. I don't know if you can answer them. He wasn't sure of the 19.8 acres: how many of that is wetlands? Chairperson Woodhouse: We are looking at the map. Mark Terry: I'd say about 3.4 acres, roughly. Caren Heacock: Thank you. I also asked if there are any restrictions as to the size of the houses that can be built on each lot. Do you know that? Town Planning Board Page Eleven April 9, 2007 Mark Terrv: Well, they are restricted by a building envelope, and the building envelope is significantly less than the lot size; the lot size is close to one acre. The building envelope has to meet the setbacks. The setbacks from the property boundaries range from 60' in the rear yard to 50' in the front yard and 20' from the side yard. In addition to that, the Planning Board is placing clearing limits on each lot. They are only allowed to clear I think about 50% of the property at this point. And I must say this is one of the more difficult subdivisions that we have evaluated and designed because of the sensitive nature of the property. We try to take that into context as we went through the process. We've been working on the subdivision for years with the applicant, trying to mitigate most of the environmental adverse impacts such as clearing. We try to locate, in regard to the pines, the lots where the monocultures of pines or pine stands were not located. So, if you look at the aerial overlay of the map, in relation to the lots, you will see that they are located in the herbaceous woody areas: hardwoods, not the pines. Caren Heacock: That was my second question, and that's a little better news than what Mr. Goggins said, because I asked: would each homeowner/property owner be able to cut down all the trees and put in a lawn if they wanted to and he told me yes. So that's not true. That's nice. Thank you. But could you put in layman's terms for me what would be the average size house? In other words, I'm trying to figure am I going to have a McMansion next to me, or would it be more like a... Bruno Semon: It's dictated based on Town Zoning; Town Zoning dictates a lot coverage percentage. So, it's just like every other lot in Southold. Without talking out of the box, if this is R-80, then maybe a10% lot coverage is allowed. Of course, that's dictated under zoning and at this point that's what's allowed in R-80 and A-C Zones. Caren Heacock: Thank you. And my last questions is: do you know whether they would allow three driveways going up or there will be one access road that three houses; would the three houses just come in on the one road, or would there be three drives going up? Mark T errv: There's one right of way that accesses three lots off of Paradise Point Road. Then there's another flag driveway accessing the two lots off of North Bayview Road. Has everyone seen the map? Joe Townsend: On that issue of the housing side; isn't the Planning & Zoning Committee considering some limitations on housing size relative to size of lots now; I don't know whether it will affect this application. The lots are one acre, so there will be a fairly large building envelope. But there is: the Town Board and Planning and Zoning Committee are addressing that issue. Now, we deal with the building codes that exist now. But it is a sensitive issue and I know that our Planning Dept. has had some input; we've had some input in this new legislation which has not been enacted. Town Planning Board Page Twelve April 9, 2007 Caren Heacock: Thank you. Just one last question: is the property going to be sold just as acreage, or is it going to be developed by the Tall Pines Corporartion? Chairperson Woodhouse: I don't know if that's been determined at this point. Caren Heacock: OK. Thank you. Chairperson Woodhouse: Someone else might want to comment on that, but that is nothing that we have looked at. Is there anyone else who would like to address the Board or respond to some of the points that have been raised? Allison Schroeder Mahaffv: Do you know the purchase price of the property? Chairperson Woodhouse: We would not know that. Allison Schroeder Mahaffv: I think I heard somebody say something about it was a very low price because of wetlands and that, I mean the property would have been built on, you know, hundreds of years ago if it was valuable property. Chairperson Woodhouse: I think that's not an issue for this Board. Yes, ma'am? Virqinia Principi: Good evening. I live at 10947 North Bayview Road. I just wanted to say that I am friends with the Orlandos and the Millers, and I know they are going to do the right thing on this property. I am also a neighbor, and I just wanted to say that when I drive out of my driveway in the morning and I look at the tall pines, I will have no problem seeing a few houses in there. Thank you. Chairperson Woodhouse: Thank you. Is there anyone else who would like to address the Board? Mr. Goggins? William Goqqins: Yes, briefly. Let me just respond to a few of the concerns. What the public probably doesn't know and the Board does is that there has been a substantial environmental review of this property; there's been an archaeological review of the property, there has been an environmental assessment, the DEC has reviewed the property, the Trustees have done a letter of non-jurisdiction and the Planning Board, especially Mark Terry and Anthony Trezza, have spent a lot of time making sure that the environmental conditions of this property weren't affected. They have done a great job. As stated earlier, this has been going on for a couple of years, and there's been a lot of focus on this property to make sure that the environmental concerns were met. We wouldn't have gotten to this point if they weren't. As to what Allison Schroeder-Mahaffy had stated, the DEC has determined that this is a fresh water wetland, so it doesn't affect the salt water marshes that she was talking about. Allison Schroeder Mahaffv: But I don't want the freshwater built on either. Town Planning Board Page Thirteen April 9, 2007 William GOQQins: All right. Well, I'm just stressing what your concern was. As to the size of the houses, there is no law in Southold Town that restricts the size of a house. Maybe if you want to address the Town Board they can maybe change the law. But as far as the Planning Board is concerned, that's not really their concern. It would be up to the Town Board. But I think the main thing I'd just want everybody to know is that there was a very strong environmental focus on this property, and now that's already been addressed by the Board. Thank you. Chairperson Woodhouse: Thank you. Yes, sir? Please come back to the microphone. Bob Gazza: I live on Cedar Beach Road. I was a little surprised that the DEC determined that to be a fresh water wetland, because it's tidal. The salt water from Cedar Beach Creek goes through the culvert into the marsh, into the whole marsh, the tide comes up, the tide goes down, it runs back out again. So, marshland directly affects the creek and anything that goes into that marshland is going to go into the creek. But I don't know if this is going to affect the application or not, but it's definitely not a freshwater wetland. Mark Terrv: The freshwater wetland Mr. Goggins is referring to is located on site; it's a vernal pool. The salt marsh that you are referring to is just south of the property and on the fringe and that leads into Cedar Creek. There is a significant freshwater wetland on the property. Bob Gazza: OK. Chairperson Woodhouse: Is there anyone else who would like to address the Board or make a comment on this application? We are going to entertain a resolution to hold the public hearing open for a period of ten days to allow for any submission of written comments. So I will ask for a motion to hold the hearing open for ten days. Joe Townsend: So moved. Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes. Martin Sidor: WHEREAS, this proposal is for a Standard Subdivision of a 19.825-acre parcel into six lots where Lot 1 equals 40,571 s.f., Lot 2 equals 40,436 s.f., Lot 3 equals 40,337 s.f., Lot 4 equals 40,070 s.f., Lot 5 equals 40,070 s.f. and Lot 6 equals 15.2 acres of subdivision open space that will be perpetually preserved through an Open Space Conservation Easement, in the A-C Zoning District; and Town Planning Board Page Fourteen April 9, 2007 WHEREAS, an application for sketch approval was submitted on January 30, 2006 including the Yield Map showing 6 lots prepared by Joseph A. Ingegno, L.S. dated December 28, 2001 and last revised on September 8, 2005, and the Existing Resources and Site Analysis Plan (ERSAP) prepared by Howard W. Young, L.S. dated January 9, 2005 and last revised on December 21, 2005; and WHEREAS, the Southold Town Planning Board started the SEQRA coordination for this unlisted action on May 9, 2006; and WHEREAS, the Southold Town Planning Board received the Environmental Review Report, prepared by Nelson, Pope and Voorhis, LLC dated September 25, 2006, and reviewed the document at their work session on October 10, 2006; and WHEREAS, the Southold Town Planning Board accepted the recommendations of the Environmental Review Report prepared by Nelson, Pope and Voorhis, LLC for this project and required that the applicant submit revised plans and Environmental Assessment Form; and WHEREAS, on October 17, 2006, the Southold Town Planning Board granted conditional sketch approval upon the map prepared by Joseph A. Ingegno, L.S. dated December 28, 2001 and last revised on April 13, 2006; and WHEREAS, on November 28, 2006, the applicant submitted the application and fee for preliminary plat approval, copies of the Draft Declaration of Covenants and Restrictions, the amended Part 1 Full Environmental Assessment Form, Letter of Water Availability from the Suffolk County Water Authority and a non-jurisdiction letter from the Town Trustees; and WHEREAS, on February 27,2007, the applicant submitted the revised preliminary plat prepared by Joseph A. Ingegno, L.S. dated December 28, 2001 and last revised on February 6, 2007; and WHEREAS, on February 27,2007, the applicant submitted the Preliminary Road and Drainage Plans prepared by Jeffery T. Butler, P.E. dated January 17, 2007, which have been referred to the Office of the Town Engineer for review; and WHEREAS, on March 13, 2007, the applicant submitted the New York State Department of Environmental Conservation report of rare species and ecological communities that occur, or may occur, on or in the immediate vicinity of the subject property; and Town Planning Board Page Fifteen April 9, 2007 WHEREAS, in response to the NYSDEC report, on March 13,2007, the applicant submitted a letter from Suffolk Environmental Consulting, Inc. dated February 28, 2007, indicating that each of the five species identified by the NYSDEC were not present, nor expected to be present on the subject property; and WHEREAS, on March 23, 2007 staff forwarded the NYSDEC and Suffolk Environmental Consulting, Inc. reports to Nelson, Pope and Voorhis, LLC for evaluation in connection with the SEQRA review for this project; and WHEREAS, on March 23, 2007, the Planning Board received a correspondence from Nelson, Pope and Voorhis, Inc. indicating that two (2) of the identified species, silver aster and Virginia false gromwell, could occur on the subject property, although the likelihood is very low; and WHEREAS, to give further indication of the minimal potential for these two plant species to occur on the subject property, Nelson, Pope and Voorhis, Inc. recommends that the sandy soil areas be documented in relation to preserved land and that a further site inspection take place during the optimum field identification period for the two plant species; and WHEREAS, Nelson, Pope and Voorhis, Inc. further indicated that the small potential for these plant species to occur does not warrant an environmental impact statement and that a Negative Declaration pursuant to SEQRA is recommended, be it therefore RESOLVED, that the Southold Town Planning Board hereby holds open the public hearing for this project for a period of ten days to allow for the submission of written comment; Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: We also have a second resolution, and this is pursuant to SEQRA. Martin Sidor: and be it further RESOLVED, that the South old Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, establishes itself as lead agency for the unlisted action and, as lead agency, grants a Negative Declaration for the proposed action. Ken Edwards: Second. Chairperson Woodhouse: All in favor? Town Planning Board Page Sixteen April 9, 2007 Ayes. Chairperson Woodhouse: So there is a ten-day period to submit any additional written comments that you would like to this Board before we would close this hearing. ***************************************** 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 in the R-80 Zone on the wlslo Youngs Avenue and the elslo Horton Lane, approximately 375' south of CR 48 in Southold. SCTM#1000-63-1-25 Joe Townsend: BE IT RESOLVED, that the Southold Town Planning Board hereby holds open the public hearing for the Charnews Subdivision. Georqe Solomon: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: That motion carries. Let's wait a moment until the room clears, and then we'll continue. ******************************** SITE PLANS Final Determinations: La Panache Hair Desian: 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' nlo NYS 25 on the elslo Youngs Avenue known as 1100 Youngs Avenue in Southold. SCTM#1 000-60.-2-7.1 Georqe Solomon: 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 Town Planning Board Page Seventeen April 9, 2007 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 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 March 12, 2007, the Planning Board granted site plan approval with a condition that the owner, agent and/or applicant must submit five copies of the final revised site plan after the following conditions have been met: 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; and WHEREAS, on March 14,2007, the Town Engineer responded after review of the site plan prepared by John C. Cronin, PE last revised March 10,2007 that the drainage design has not been detailed on the site plan and required further information be provided; and WHEREAS, on March 15,2007, Planning Department staff forwarded the Town Engineer's comments as well as a letter to the applicant detailing the remaining changes that must be made to the site plan and these include: . As explained above, the parking calculations must be changed to reflect required parking as per Town Code 9280-78 (A) which states 5 spaces are necessary for a Beauty Parlor and 2 for a single family dwelling. . As a courtesy, the Planning Board will permit the use of the "Fr. Carport" and the parking space labeled #2 be used to fulfill the parking requirements for a single family dwelling. Please change the "Fr. Carport" note and parking space #2 on the site plan to indicate parking for the single family residence. . Note the parking spaces, including dimensions, will conform to the minimum parking dimension of 9' x 19' as per Town Code 9280-78 part C. · Indicate the parking aisle dimensions in the "Proposed Land Banked Gravel Parking Area" will conform to the minimum dimension 22' width as per Town Code 9280-78 part C. Planning Board Page Eighteen April 9, 2007 · Indicate the access dimensions labeled "Proposed land banked gravel access" will conform to the minimum dimension 15" width as per Town Code 9280-78 part D. Change the details for all proposed handicap elements to comply with New York State Code sections 1105 & 1106 and ICC/ANSI A 117.1 standard for the parking stalls, access Town · aisles and signage requirements. Specifically note where the ADA sign will be proposed for installation and rescale the unload area to comply with the code requirements; and WHEREAS, on April 5, 2007, the agent submitted five sets of revised site plans dated October 18, 2006 and last revised April 2, 2007 and Planning Department staff forwarded a copy to the Town Engineer for comments; and WHEREAS, on April 9, 2007, the Town Engineer responded after review of the amended site plan with the following comments and the Planning Board accepts these comments: 1. As indicated in the previous report, the drainage calculations were amended and meet the minimum requirements of Town Code. 2. The Drainage Design and related details have been indicated on the drawings and appear to be satisfactory; be it therefore RESOLVED, that the applicant has fulfilled the necessary four (4) requirements within the given timeframe as detailed in the resolution dated March 13,2007 and further explained in the letter from Planning Department staff dated March 15, 2007; Joe Townsend: Second. Chairperson Woodhouse: All in favor? Ayes. Georqe Solomon: and be it further RESOLVED, that pursuant to Southold Town Code 280- 131 Part I, the applicant agrees to incorporate all the requirements, comments and recommendations of each reviewing agency as referenced above and as indicated on the site plan and corresponding attachments; Chairperson Woodhouse: Second. All in favor? Ayes. Georqe Solomon: and be it further RESOLVED, that the applicant agrees to incorporate all the requirements and conditions as indicated in the resolution dated March 13,2007; Planning Board Page Nineteen April 9, 2007 Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Georqe Solomon: and be it further RESOLVED, that the South old Town Planning Board grant approval on the site plan sheets rlhLPS-410 & rlhLPS-310 designed by rlh Land Planning Services and certified by John C. Cronin, PE dated October 16, 2006 and last revised April 2, 2007 and authorize the Chairperson to endorse the site plans with the following conditions: 1. The owner, agent and/or applicant shall receive approval from the Suffolk County Department of Health Services, for the approved construction and submit such approval to the Southold Town Planning Department for review. If such approval varies from this approved site plan, the Planning Board reserves the right to 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. 2. The site plan approval requires that all work proposed on the site plan shall be completed within three (3) years from the date of this resolution. 3. 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. 4. 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 South old Town Planning Department. 5. If the as-built site improvements vary from the approved site plan, the Planning Board reserves the right to request a certified as-built site plan detailing all the changes. 6. Any changes from the approved site plan shall require Planning Board approval, and any such changes without Planning Board approval will be subject to referral to the Town Attorney's Office for possible legal action. 7. The Planning Board will issue a final site plan approval in the form of a letter following a site inspection and at the time the site improvements are found to be in conformance with the approved site plan. Planning Board Page Twenty April 9, 2007 Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: That motion carries. ************************************ CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE- SUBDIVISIONS (Lot Line Changes) - STATE ENVIRONMENTAL QUALITY REVIEW ACT Lead Agency Designation: Scott, John: Proposal is to subdivide a 6.5539-acre parcel into three lots where Lot 1 equals 80,000 s.f., Lot 2 equals 80,010 s.f. and Lot 3 equals 82,932 s.f. The property is located in the R-80 Zoning District on the east side of Wells Road and the south side of Main Road, east of Peconic Lane in Peconic. SCTM#1000-75-6-3 Joe Townsend: WHEREAS, this proposal is to subdivide a 6.5539-acre parcel into three lots where Lot 1 equals 80,000 s.f., Lot 2 equals 80,010 s.f. and Lot 3 equals 82,932 s.f. in the R- 80 Zoning District; and WHEREAS, an application for sketch approval was submitted on January 6, 2006, including the sketch plan prepared by Howard W. Young, L.S. dated June 1,2005 and last revised December 11, 2005 and the Existing Resources and Site Analysis Plan prepared by Howard Young, L.S. dated April 13, 2005 and last revised on December 11, 2005; and WHEREAS, the Southold Town Planning Board started the SEQRA lead agency coordination process for this unlisted action on February 14, 2006; and WHEREAS, on September 11, 2006, the Southold Town Planning Board granted conditional sketch approval upon the map prepared by Howard W. Young, L.S. dated June 1, 2005 and last revised December 11, 2005; and WHEREAS, in response to the Planning Board's concerns regarding the project's potential environmental impacts, on June 7, 2006 the applicant submitted a revised Existing Resources and Site Analysis Plan (ERSAP) in addition to a Visual Impact Analysis; and Planning Board Page Twenty -One April 9, 2007 WHEREAS, at their work session on January 16, 2007, the Southold Town Planning Board and the applicant agreed to a number of conditions on the subdivision to mitigate the potential impacts to the wetlands as well as the scenic vista, including increasing the side yard setback on Lot 3, establishing a 75'-wide non-turf buffer and a 50'-wide non-disturbance buffer, proposing planting clusters along Wells Road and staking the building envelopes; and WHEREAS, pursuant to Section 240-42C of the Town Code, the Planning Board waives its right to cluster the lots on a parcel under seven (7) acres in size based upon an inspection of the subject property and in consideration of the information contained on the Existing Resources and Site Analysis Plan (ERSAP); be it therefore RESOLVED, the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, establishes itself as lead agency for the unlisted action and, as lead agency, grants a Negative Declaration for the proposed action. Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: That motion carries. ********************************************************** SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Type II Actions: Saraon Vineyards: This site plan is for the proposed construction of one agricultural storage building 24'x109.5' (2,626 sq. ft.) with 864 sq.ft. of equipment storage, 708 sq.ft. of garage, 816 sq.ft. of agricultural equipment yard storage and 240 sq.ft. misc. entrance space on a 23.077-acre parcel in the R-80 Zone located approximately 806' n/o the NYS Road 25 known as 500 Soundview Drive in Orient. SCTM# 1000-13-02-8.2 Chairperson Woodhouse: WHEREAS, this site plan is for the proposed construction of a 24'x 109.5' (2,626 sq. ft.) agriculture storage building where 864 sq. ft. is equipment storage, 708 sq. ft. is garage, 816 sq. ft. is agricultural equipment yard storage and 240 sq. ft. is miscellaneous entrance space on a 23.077-acre parcel in the R-80 Zone located approximately 806' n/o NYS Road 25 known as 500 Soundview Drive in Orient. SCTM#1000-13-02-8.2; and Planning Board Page Twenty-Two April 9, 2007 WHEREAS, Vallo Benjamin, MD is the owner of the property located approx- imately 806' n/o NYS Road 25 known as 500 Soundview Drive in Orient; and WHEREAS, on March 13, 2007, the agent, Young & Young, working for the applicant, Sargon Vineyard, LLC, submitted a new formal site plan for approval; be it therefore RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act (6 NYCRR), Part 617.5c (3), makes a determination that the proposed action is a Type II and not subject to review. Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: That motion carries. ********************************************************** Unlisted Actions: North Fork Self Storaae Amendment: This amended site plan is for the proposed construction of a 40,050 sq. foot 2-story building for storage where the basement is 13,350 sq. ft. and the remaining building is 26,700 sq. ft. and replaces two 1-story buildings which were previously approved on March 13, 2006 totaling 11,200 sq. ft. on a 3.06-acre parcel in the LI Zone located approximately 370' e/o Depot Lane on the n/s/o County Road 48 known as 50 Commerce Drive in Cutchogue. SCTM #1000-96-1-1.4 Ken Edwards: WHEREAS, this amended site plan is for the proposed construction of a 40,050 sq. foot 2-story building for storage where the basement is 13,350 sq. ft. and the remaining building is 26,700 sq. ft. and replaces two 1-story buildings which were previously approved on March 13, 2006 totaling 11,200 sq. ft. on a 3.06 acres parcel in the LI Zone located approximately 370' e/o Depot Lane on the n/s/o County Road 48 known as 50 Commerce Drive in Cutchogue. SCTM #1000-96-1-1.4; be it therefore RESOLVED, that the Southold Town Planning Board, pursuant to Part 617, Article 6 of the Environmental Conservation Law acting under the State Environmental Quality Review Act, initiates the SEQR lead agency coordination process for this unlisted action. Chairperson Woodhouse: Is there a second? Georqe Solomon: Second the motion. Planning Board Page Twenty-Three April 9, 2007 Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: That motion carries. ********************************************************** OTHER SITE PLAN AMENDMENT CutchoQue Business Center: This amends the site plan approval granted on May 10, 2005 for the alteration of a 12,000 sq.ft. building with 60 parking spaces. This proposed amendment includes the interior alteration of the existing 12,000 sq. ft. building and the As Built Construction of three (3) buildings as follows: 1,184 sq. ft metal framed hut, 72 sq. ft. framed shed & 104 sq. ft metal shed with an additional 30 parking spaces for a total of 90 parking spaces on a 6.097-acre parcel in the LI Zone located on the s/w/s/o the intersection of Oregon Road and Cox Lane known as 8595 Cox Lane in Cutchogue. SCTM#1000-83-3-4.6. Chairperson Woodhouse: I am going to recuse myself from the next item on the agenda and ask that Mr. Solomon please read that resolution. Martin Sidor: I will recuse myself also. Georqe Solomon: WHEREAS, this amends the site plan approval granted on May 10, 2005 for the alteration of a 12,000 sq. ft. building with 60 parking spaces. This proposed amendment includes the interior alteration of the existing 12,000 sq. ft. building and the As Built Construction of three (3) buildings as follows: 1,184 sq. ft metal framed hut, 72 sq. ft. framed shed & 104 sq. ft. metal shed with an additional 30 parking spaces for a total of 90 parking spaces on a 6.097 -cre parcel in the LI Zone. SCTM#1 000-83-3-4.6; and WHEREAS, Richard J. Principi, Jr. is the owner of the property located on the s/w/s/o the intersection of Oregon Road and Cox Lane known as 8595 Cox Lane in Cutchogue; and WHEREAS, on November 14, 2006, the agent, John Condon working for the applicant Richard J. Principi, submitted a new formal amended site plan for approval; and WHEREAS, on March 1,2007, the agent and applicant submitted a "Landscape/Revegetation Plan," C-3 of 7, prepared and certified by John J. Condon, PE dated February 1, 2007 and last revised on March 1, 2007 at the public hearing; and Planning Board Page Twenty-Four April 9, 2007 WHEREAS, on March 1, 2007, the Planning Board granted site plan approval on the amended site plan drawings sheets C1-C5 and sheets P1-P2 prepared and certified by John J. Condon, P.E. of Condon Engineering, P.C. dated February 1, 2007 and added the following to the final resolution: . RESOLVED, that the owner, agent and/or applicant submitted a revised landscape plan to the Planning Board with a landscape change and will required the revised plan to be reviewed by the Planning Staff and the Superintendent of Highways; and be it further RESOLVED, on March 5, 2007, the Town Engineer responded after review of the "landscape revegetation plan" with the following, and the Planning Board accepts these comments: 1. This Site Plan indicates the construction of a New Landscape BERM adjacent to the intersection of Oregon Road and Cox Lane. This proposed BERM has been set back away from the property lines that are immediately adjacent to the intersection of Oregon Road and Cox Lane. It would appear that the existing sight distances of the local traffic in this area will not be negatively impacted by the construction of this BERM or the placement of the proposed landscaping. 2. The remaining landscaping indicated on the Site Plan appears to be adequate for this site. This item should be reviewed and approved by the Planning Board. 3. The proposed location for the construction of a 32' x 37' Metal Frame Hut should be reviewed and approved by the Planning Board; Ken Edwards: Second the motion. Georqe Solomon: All in favor? Ayes. Georqe Solomon: and be it further RESOLVED, that the Planning Board accepts the letter from owner, Richard J. Principi, Jr., dated April 6, 2007, which states "The proposed landscape berm and plantings shown on the revised landscape plan dated March 1, 2007, will not reduce the site distance at the intersection of Oregon Road and Cox Lane. If there are any site distance concerns in the future at the specified corner, I will work with the Southold Town Planning Dept. to resolve any issues that may arise;" Joe Townsend: Second. Georqe Solomon: All in favor? Planning Board Page Twenty -Five April 9, 2007 Ayes. Georae Solomon: and be it further RESOLVED, that pursuant to Southold Town Code 280-131 Part I, the applicant agrees to incorporate all the requirements, comments, and recommendations of each reviewing agency as referenced above and as indicated on the site plan and corresponding attachments; Joe Townsend: Second. Georae Solomon: All in favor? Ayes. Georae Solomon: and be it further RESOLVED, that the applicant agrees to incorporate all the requirements and conditions as indicated in the resolution dated March 1, 2007 and as endorsed on the amended site plan drawings sheets C1 - C5 and P1- P2 prepared and certified by John J. Condon, P.E. of Condon Engineering, P.C. dated February 1, 2007; Joe Townsend: Second. Georae Solomon: All in favor? Ayes. Georae Solomon: and be it further RESOLVED, that the Southold Town Planning Board grant approval of the landscape changes as shown on the "Iandscape- revegetation plan" C-3 of 7 prepared and certified by John J. Condon, PE dated February 1,2007 and last revised on March 1,2007, and authorize the Planning Board members to endorse this landscape plan to be added to the previously approved "landscape-revegetation plan" C-3 of 7 prepared and certified by John J. Condon, P.E. of Condon Engineering, P.C. dated February 1,2007 with the fulfillment of the conditions as follows: 1. The owner, agent and/or applicant shall receive approval from the Suffolk County Department of Health Services, for the approved construction and submit such approval to the Southold Town Planning Department for review. If such approval varies from this approved site plan, the Planning Board reserves the right to 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. Planning Board Page Twenty-Six April 9, 2007 2. All fill generated from the excavation of proposed new leaching pools should be used to re-establish stable side slopes immediately adjacent to the South Westerly parking areas. 3. The owner/applicant will comply with Southold Town Code Section 9240-49. "Clearing" Part A as follows: A. Clearing of vegetation and/or grading is permitted only within the areas designated by the Planning Board and as shown on a final clearing and/or grading plan or plat approved by the Planning Board; and 4. The site plan approval requires that all work proposed on the site plan shall be completed within three (3) years from the date of this resolution. 5. Prior to the request for the Certificate of Occupancy, the owner or authorized agent must request, 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. 6. 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. 7. If the as-built site improvements vary from the approved site plan, the Planning Board reserves the right to request a certified as-built site plan detailing all the changes. 8. Any changes from the approved site plan shall require Planning Board approval, and any such changes without Planning Board approval will be subject to referral to the Town Attorney's Office for possible legal action. 9. The Planning Board will issue a final 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. Georae Solomon: All in favor? Ayes. ************************************************** Planning Board Page Twenty-Seven April 9, 2007 Modification to Declaration of Covenants & Restrictions: Rowehl, Robert Subdivision 2006: This proposal is to amend the filed Declaration of Covenants and Restrictions that were recorded on May 4, 1998 (Iiber 11891, page 457) in connection with the Subdivision of Robert Rowehl. The proposed amendments will allow SCTM#1000-94-4-1 to have direct access from Sound View Avenue and provide for access to SCTM#1000-94-4-2 over SCTM#1 000-1 00-2-6.1. The properties are located on the slslo Sound View Avenue and the nlslo Oregon Road in Mattituck. Chairperson Woodhouse: WHEREAS, this proposal is to amend the filed Declaration of Covenants and Restrictions that were recorded on May 4, 1998 (Iiber 11891, page 457) in connection with the Subdivision of Robert Rowehl. The proposed amendments will allow SCTM# 1000-94-4-1 to have direct access from Sound View Avenue and provide for access to SCTM#1 000-94-4-2 over SCTM#1 000-1 00-2-6.1.; and WHEREAS, this proposal is in connection with the proposed Development Rights Sale to the Town of Southold involving the properties identified as SCTM#1 000-1 00-2-6.1 (Parcel A) and SCTM#1000-94-4-2 (Parcel B) as shown on the subdivision map of Robert Rowehl, approved by the Southold Town Planning Board on October 26,1998; and WHEREAS, Parcel A is approximately 27 acres, upon which the Development Rights to 24 acres are proposed to be sold to the Town of Southold, and Parcel B is 5 acres upon which all of the Development Rights are proposed to be sold to the Town of Southold; and WHEREAS, because Parcels A and B will no longer have residential development potential, the proposed modifications to the Declaration of Covenants and Restrictions are designed to provide access that is appropriate for preserved land, while ensuring that access to SCTM#1000-94-4-1 from Sound View Avenue is permitted; and WHEREAS, the Southold Town Planning Board discussed these proposed modifications at their work session on January 16, 2007 and agreed that said changes to the Declaration of Covenants and Restrictions requires a public hearing and approval by majority plus one of the members of the Board; be it therefore RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act (6 NYCRR), Part 617.5 c (3), makes a determination that the proposed action is a Type II and not subject to review; Ken Edwards: Second. Chairperson Woodhouse: All in favor? Planning Board Page Twenty -Eight April 9, 2007 Ayes. Chairperson Woodhouse: and be it further RESOLVED, that the South old Town Planning Board set Monday, April 23, 2007 at 4:00 p.m. for a public hearing on the proposed amendments to the Declaration of Covenants and Restrictions originally recorded on May 4, 1998 (Liber 11891, Page 457) in connection with the Subdivision for the Property of Robert Rowehl. Ken Edwards: Second. 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 Planning Board minutes dated May 8, 2006. Joe Townsend: So moved. Georae Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: and I will entertain a motion to adjourn. Georae Solomon: So moved. Joe Townsend: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: We are adjourned. Thank you, gentlemen. Planning Board Page Twenty-Nine April 9, 2007 There being no further business to come before the meeting, it was adjourned at 6:40 p.m. ~ R~~'-/ Linda Randolph, Secretary RECEIVeD ~ /0(: ~a fJ~ DEe 1 1 c ~;~;:~;::~&.