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HomeMy WebLinkAboutPB-02/12/2007 KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND MAlUNG ADDRESS: P.O. Box 1179 Southold, NY 11971 ~y PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair OFFlCE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southoid, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD PUBLIC MEETING MINUTES Monday, February 12, 2007 6:00 p.m. Present were: Jerilyn B. Woodhouse, Chairperson Kenneth L. Edwards, Member Martin H. Sidor, Member George D. Solomon, Member Joseph L. Townsend, Member Mark Terry, Senior Environmental Planner Anthony Trezza, Senior Planner Bruno Semon, Senior Site Plan Reviewer Linda Randolph, Secretary SETTING OF THE NEXT PLANNING BOARD MEETING Chairperson Woodhouse: Good evening and welcome to the February 12th meeting of the Southold Town Planning Board. For our first order of business, I will entertain a motion to set Monday, March 12,2007 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. Georqe Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: That passes unanimously. ****************************************** xS South old Town Planning Board Page Two February 12, 2007 PUBLIC HEARINGS 13235 Main Road CorD. (Kina): This site plan is for the proposed modification of an existing 4,569 sq. ft. two-story building where the first floor has two (2) offices and one (1) apartment and the second floor has two (2) apartments and storage which includes 12 parking spaces provided on .27 acres in the Hamlet Business Zone located on the nlslo New York State Route 25, 379' elo Love Lane, known as 13235 Main Road in Mattituck. SCTM #1000-140-3-37 Chairperson Woodhouse: Is there anyone here who would like to address the Board on this matter? William Goaains: For the applicant: First I'd like to thank the Board, it's been a pleasure to work with the Board, especially with Bruno and Amy; they've been very helpful. That's it. I hope you approve the application as submitted. Chairperson Woodhouse: Is there anyone else who would like to address the Board on this application? Hearing none, I will entertain a motion to close the hearing. Excuse me, we do have one letter of correspondence to be noted. They did not ask for it to be read, but we do have one letter and I'll just acknowledge it's from Michael C. Herbert on this application. I believe the issues he does raise in this letter have been addressed in the conditions on the approval when we get to it. So, I will entertain a motion to close the hearing. Georae Solomon: So moved. Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: The hearing is closed. Joe, would you please read this? Joseph Townsend: WHEREAS, this site plan is for the proposed modification of an existing 4,569 sq. ft. two-story building where the first floor has two (2) offices and one (1) apartment and the second floor has two (2) apartments and storage which includes 12 parking spaces provided on .27 acres in the Hamlet Business Zone located on the nlslo New York State Road 25,379' elo Love Lane known as 13235 Main Road in Mattituck. SCTM #1000-140-3-37; and WHEREAS, 13235 Main Road Corp. is the owner of the property located on the nlslo New York State Road 25, 379' elo Love Lane known as 13235 Main Road in Mattituck; and ~ South old Town Planning Board Page Three February 12, 2007 WHEREAS, on March 30, 2006, the agent, William C. Goggins, Esq. working for the applicant, 13235 Main Road Corp., submitted a new formal site plan for approval; and WHEREAS, on May 4, 2006, the Architectural Review Committee reviewed the architectural drawings and associated site plan materials, made recommendations and requested additional information; and WHEREAS, on June 14, 2006, the Mattituck Fire District responded that no additional water supply is required; and WHEREAS, on June 22, 2006, the New York State Department of Transportation, under Case No. 06-199P, responded after referral and determined additional information would be required to complete a comprehensive review and the applicant should revise plans and submit them to NYSDOT; and WHEREAS, on June 23, 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 July 27, 2006, the Planning Board forwarded a copy of the correspondence received by NYSDOT to the applicant to address; and WHEREAS, on September 28, 2006, the applicant submitted a parking lot license agreement with Mattituck Fire District and the Planning Board accepted this agreement with the understanding that Mattituck Fire District can terminate the agreement "at any time without notice, without cause, and without the permission or consent of the licensee". The signed/authorized agreement has been filed and shall remain in effect for the duration of the site plan; and WHEREAS, on November 2, 2006, the Architectural Review Committee tabled the application pending the submission of additional architectural drawings and site plan materials; and WHEREAS, on November 13, 2006, the Southold Town Planning Board, acting under the State Environmental Quality Review Act (6 NYCRR), Part 617.5 c, makes a determination that the proposed action is a Type II and not subject to review; and WHEREAS, on December 14, 2006, the Architectural Review Committee reviewed the architectural drawings and conditionally approved the project with recommendations and the Planning Board is requiring a recommendation be incorporated into the plan and notified the applicant in a letter dated January 19, 2007. That requirement includes the following: ~l South old Town Planning Board Page Four February 12, 2007 - Longer shutters on those windows shown with panels below the windows; as proposed, four (4) windows on the front elevation and two (2) windows along the western elevation; and WHEREAS, on January 5, 2007, the Southold Town Engineer reviewed the site plan materials and replied with comments and the Planning Board accepted these comments and forwarded them to the applicant in a letter dated January 26, 2007; and WHEREAS, on January 10, 2007, the Southold Town Building Inspector reviewed and certified the Osite plan for a "Professional Office" use; and WHEREAS, on February 9,2007, the applicants partner Anthony H. Palumbo issued a letter agreeing "to implement all suggested revisions into our final site plan", referring to the letters from James A. Richter the Town Engineer dated January 5, 2007 and Amy Thiel Senior Planner dated January 19, 2007 and the Planning Board accepts this agreement; and WHEREAS, the Southold Town Planning Board, pursuant to Town Code 9280-78, waives a portion of the parking requirements for the proposed site plan as the subject parcel is zoned Hamlet Business and municipal parking facilities exist within 300 feet of the proposed use and will adequately serve proposed use; WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has received affidavits that the applicant has complied with the notification provisions; and WHEREAS, the following items shall be required: 1. All outdoor lighting shall be shielded so that the light source is not visible from adjacent properties and roadways. Lighting fixtures shall focus and direct the light in such a manner as to contain the light and glare within property boundaries. The lighting must meet town code requirements. 2. All signs shall meet Southold Town Zoning Codes and shall be subject to approval of the Southold Town Building Inspector. 3. As per the landscape survivability guarantee, the applicant agrees to replace any of the landscaping which dies within three (3) years of planting. 4. To install longer shutters on those windows with panels below the windows; as proposed, four (4) windows on the front elevation and two (2) windows along the western elevation; be it therefore c?~ Southold Town Planning Board Page Five February 12, 2007 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; Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Joseph Townsend: and be it further RESOLVED, that the Southold Town Planning Board has reviewed the proposed action under the policies of the Town of Southold Local Waterfront Revitalization Program and has determined that the action is an "exempt action pursuant to Section 268-3" in the February 7,2007 memo prepared by the LWRP Coordinator; Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Joseph Townsend: 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; Ken Edwards: Second the motion. Chairoerson Woodhouse: All in favor? Ayes. Joseph Townsend: and be it further RESOLVED, that the South old Town Planning Board grant Conditional Final Approval on the site plan drawings sheets S-1 and sheets 1-6 prepared and certified by James J. Deerkoski, P.E. of MCH Design Services dated December 6,2006 and authorize the Chairperson to endorse the site plans upon satisfaction of Conditions 1-5 below and after submission of four (4) final revised site plans with the fulfillment of the Conditions 6-12 as follows: .J1 South old Town Planning Board Page Six February 12, 2007 1. As per the letter dated February 7, 2007 from the New York State Department of Transportation, the owner, agent and/or applicant shall address all necessary items to the satisfaction of NYSDOT in order to obtain approval from the NYSDOT for the proposed work 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 site plan application. A copy of the New York State Department of Transportation approved plan and permit 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, as per the letter dated February 7, 2007 from the New York State Department of Transportation, a Certificate of Occupancy will not be issued until "all public safety concerns relating to traffic have been addressed in the final site plans". 3. The owner, agent and/or applicant agrees to submit a revised site plan which includes all the items addressed in the letter dated January 5, 2007 from the Southold Town Engineer as required. 4. The owner, agent and/or applicant agrees to submit a revised site plan which include the following items: . Correct the lot size/acreage on the revised plan. · Handicap parking stalls and access aisles must comply with New York State Code and ADA requirements. . Show dimensions for all aisles, curb cuts, cleared distances, etc. 5. The Planning Board approves the proposed 142' x 10' future easement along the western property line to increase access to the site, as shown on the site plan, labeled S-1, prepared and certified by James J. Deerkoski, P.E. of MCH Design Services dated December 6, 2006, with the understanding that the owner, agent and/or applicant must follow through with the easement and obtain any necessary approvals/permits as required. A copy of any agreement/easement obtained must be submitted to this office for review. The Planning Board reserves the right to require the submission of an amended site plan at the time the easement is secured. 6. The owner, agent and/or applicant shall receive approval from the Suffolk County Department of Health Services, under reference C1 0-06-0016, 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. 30 Southold Town Planning Board Page Seven February 12, 2007 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. 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. Chairoerson Woodhouse: All in favor? Ayes. Chairoerson Woodhouse: Opposed? And this motion carries. That concludes our one and only Public Hearing for the evening. *********AAA!!AAAAl************* Hearings Held Over From Previous Meetings: Charnews. Daniel & SteDhanie: This proposal is to subdivide a 23.4004-acre parcel into two lots where Lot 1 equals three (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 31 South old Town Planning Board Page Eight February 12, 2007 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: That motion carries. ****************************** CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE- SUBDIVISIONS (Lot Line Changes) Final Determinations: Brokaw, Bennett: This proposal is to subdivide a 4.997-acre parcel into two lots where Lot 1 equals 80,000 s.f. and currently improved with a single-family residence and metal garage, and Lot 2 equals 137,665 s.f., inclusive of the 5,200 s.f. flag strip. The property is located on the s/s/o Bergen Avenue, approximately 1299' w/o Cox Neck Road in Mattituck. SCTM#1000-113-7-1.1 Chairperson Woodhouse: WHEREAS, this proposal is to subdivide a 4.997-acre parcel into two lots where Lot 1 equals 80,000 square feet and is currently improved with a single-family residence and metal garage, and Lot 2 equals 137,665 square feet, inclusive of the 5,200 square foot flag strip; and WHEREAS, on June 12,2006, the Southold Town Planning Board granted conditional sketch approval upon map prepared by Joseph A. Ingegno, L.S. dated September 3, 1999 and last revised on May 3,2006; and WHEREAS, on August 13, 2006, the Southold Town Planning Board granted a Negative Declaration for the proposed action pursuant to SEQRA; and WHEREAS, on November 13, 2006, the Southold Town Planning Board granted Preliminary Plat Approval on the map prepared by Joseph A. Ingegno, L.S. dated September 3, 1999 and last revised on June 21, 2006; and WHEREAS, on January 9, 2007, the applicant submitted the application for final plat approval, including eight (8) paper prints and five (5) mylars of the final map prepared Southold Town 32. Southold Town Planning Board Page Nine February 12, 2007 by Joseph A. Ingegno, L.S. dated September 3,1999 and last revised on December 15, 2006, each containing the Health Department stamp of approval; and WHEREAS, on January 16, 2007, the applicant submitted one (1) copy of the recorded Declaration of Covenants and Restrictions; be it therefore RESOLVED, that the Southold Town Planning Board find that the project is consistent with the policies of the Local Waterfront Revitalization Program; Ken Edwards: Second. Chairoerson Woodhouse: All in favor? Ayes. Chairoerson 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 South old Town Planning Board hereby waive the final public hearing for this project; Ken Edwards: Second the motion. Chairoerson Woodhouse: All in favor? Ayes. Chairoerson 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. Chairoerson Woodhouse: All in favor? Ayes. Chairoerson Woodhouse: and be it further RESOLVED, that the Southold Town Planning Board hereby grant Final Plat Approval on the map prepared by Joseph A. Ingegno, L.S. dated September 3,1999 and last revised on December 15, 2006, and authorizes the Chairperson to endorse the maps. 33 South old Town Planning Board Page Ten February 12, 2007 Georqe Solomon: Second the motion. Chairoerson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: That motion carries. ******************************** Doroski Famllv Limited Parnership: This proposed subdivision is for 4 lots on 40.56 acres where Lot 1 equals 99,316 sq. ft.; Lot 2 equals 103,823 sq. ft.; Lot 3 equals 80,000 sq. ft. and Lot 4 equals 34.06 acres upon which the Development Rights have been sold. The property is located slo Sound View Avenue, 170' wlo Hope Lane in Southold. SCTM#'s 1000-69-1-9 & 59-8-6 Martin Sidor: WHEREAS, this proposed subdivision is for 4 lots on 40.56 acres where Lot 1 equals 99,316 sq. ft.; Lot 2 equals 103,823 sq. ft.; Lot 3 equals 80,000 sq. ft. and Lot 4 equals 34.06 acres upon which the Development Rights on 33.16 acres have been sold; and WHEREAS, on August 22, 2005, the Southold Town Planning Board granted final approval upon the plat prepared by John T. Metzger, L.S. dated July 23, 2000 and last revised on April 16, 2005 and authorized the Chairperson to endorse the maps; and WHEREAS, by letter dated January 31,2007, the agent for the applicant informed the Planning Board that the approved map was not filed within the required timeframe because the County Clerk would not accept the maps until the tax bill was paid in full; and WHEREAS, the Planning Board discussed this matter at their work session on February 5, 2007 and agreed that they would re-issue the final approval and re-endorse the maps because there are no changes from the original approval; 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 July 23, 2000 and last revised on April 16, 2005 and authorizes the Chairperson to endorse the maps. Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: That motion carries. 3Y- Southold Town Planning Board Page Eleven February 12, 2007 Orchard Street Farms: Proposal is for a Cluster Conservation Subdivision of a 15.51- acre parcel into 3 lots, where lot 1 equals 13.499 acres upon which 12.459 acres is proposed to be preserved through the application of a Conservation Easement; Lot 2 equals 1.006 acres, and Lot 3 equals 1.007 acres. The parcel is located on the nlw corner of King Street and Old Farm Road and the slslo Orchard Street in Orient. SCTM#1000-25-4-11.8 Georae Solomon: WHEREAS, this proposal is for a Cluster Conservation Subdivision to subdivide a 15.51-acre parcel into 3 lots, where Lot 1 equals 13.499 acres upon which 12.459 acres is proposed to be preserved through the application of a Conservation Easement, Lot 2 equals 1.006 acres and Lot 3 equals 1.007 acres; and WHEREAS, on October 17, 2005, the Southold Town Planning Board granted conditional sketch approval upon the map prepared by John C. Ehlers, Land Surveyor, dated last revised on July 19, 2005; and WHEREAS, on February 14, 2006, the Southold Town Planning Board granted a Negative Declaration pursuant to SEQRA for this project; and WHEREAS, on November 13,2006, the South old Town Planning Board granted Conditional Final Plat Approval on the map prepared by John C. Ehlers, L.S. dated last revised July 26, 2006; and WHEREAS, on November 21, 2006, the applicant submitted one (1) copy of the recorded Declaration of Covenants and Restrictions; and WHEREAS, on February 7,2007, the applicant submitted one (1) copy of the recorded Agricultural and Open Space Covenant; be it therefore RESOLVED, that the Southold Town Planning Board find that all of the conditions of conditional final 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; Joe Townsend: Second. Chairperson Woodhouse: All in favor? Ayes. Georae Solomon: and be it further RESOLVED, that the Southold Town Planning Board hereby grant Final Plat Approval on the map prepared by John C. Ehlers, L.S. dated last revised July 26, 2006, and authorizes the Chairperson to endorse the maps. 3S South old Town Planning Board Page Twelve February 12, 2007 Ken Edwards: Second. Chairoerson Woodhouse: All in favor? Ayes. Chairoerson Woodhouse: That motion carries. ************************************** Conditional Final Determinations: ParkerlShillo: This proposal is for a lot line change that will transfer 4, 183 sJ. from SCTM#1000-6-5-7 (parcel 1 ) to SCTM#1 000-6-5-12.4 (parcel 2) where, following the lot line change, parcel 1 will equal 2.3 acres and parcel 2 will equal .68 acre in the R-80 Zoning District. The property is located at the terminus of Saphho Road, nlo Central Avenue on Fishers Island. SCTM#1000-6-5-7 & 12.4 Ken Edwards: WHEREAS, this proposal is for a lot line change that will transfer 4,183 square feet from SCTM#1000-6-5-7 (parcel 1 ) to SCTM#1 000-6-5-12.4 (parcel 2) where, following the lot line change, parcel 1 will equal 2.3 acres and parcel 2 will equal .68 acre in the R-80 Zoning District; and WHEREAS, an application for a re-subdivision was submitted to the Southold Town Planning Board on December 15, 2006, including the map prepared by CME Associates Engineering, Land Surveying & Architecture, PLLC dated August 2, 2006; and WHEREAS, the resulting lot line does not create or increase any nonconformities; and WHEREAS, the Southold Town Planning Board reviewed this application at their work session on January 22, 2007 and determined that the project will not have a significant environmental effect or make future planning of the affected parcels more difficult or impossible; 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, do an uncoordinated review of this Unlisted Action. The Planning Board establishes itself as lead agency, and as lead agency, makes a determination of non-significance and grants a Negative Declaration; Georae Solomon: Second the motion. Chairoerson Woodhouse: All in favor? 3Co Southold Town Planning Board Page Thirteen February 12, 2007 Ayes. Ken Edwards: and be it further RESOLVED, that the South old Town Planning Board hereby waive the public hearing for this project; Georae Solomon: Second. Chairoerson Woodhouse: All in favor? Ayes. Ken Edwards: and be it further RESOLVED, that the Southold Town Planning Board grant Conditional Final Approval on the map prepared by CME Associates Engineering, Land Surveying & Architecture, PLLC dated August 2, 2006, subject to the following condition: the filing of new deeds with the Office of the Suffolk County Clerk pertaining to the lot line change and, upon filing, submission of a copy to this office. Joe Townsend: Second. Chairoerson Woodhouse: All in favor? Ayes. Chairoerson Woodhouse: That motion carries. Thank you. ********************************************* Conditional Preliminary Determinations: Verity. Michael J.: Proposal is to subdivide a 5.54-acre parcel into five (5) lots, where Lot 1 equals 21,454 square feet, Lot 2 equals 21,593 square feet, Lot 3 equals 25,081 square feet exclusive of the flag strip, Lot 4 equals 20,477 square feet, exclusive of the flag strip, and Lot 5 equals 146,285 square feet, inclusive of 71,581 square feet of clustered open space. The property is located in the R-40 Residential Low Density District on the north side of Main Road and the west side of Sound Road in Greenport. SCTM#1000-35-1-4 Joe Townsend: WHEREAS, this proposal is to subdivide a 5.54-acre parcel into five (5) lots, where Lot 1 equals 21,454 square feet, Lot 2 equals 21,593 square feet, Lot 3 equals 25,081 square feet exclusive of the flag strip, Lot 4 equals 20,477 square feet, exclusive of the flag strip, and Lot 5 equals 146,285 square feet, inclusive of 71,581 square feet of clustered open space; and 61 Southold Town Planning Board Page Fourteen February 12, 2007 WHEREAS, on August 14, 2006, the Southold Town Planning Board issued a Negative Declaration for the project and granted conditional sketch approval upon the map prepared by David H. Fox, L.S. dated October 18, 2005 and last revised on May 15, 2006; and WHEREAS, an application for preliminary plat approval was submitted on October 5, 2006, including the preliminary map prepared by David H. Fox, L.S. dated October 18, 2005 and last revised on August 23, 2006; and WHEREAS, on October 5, 2006, the applicant submitted draft Declaration of Covenants and Restrictions; be it therefore RESOLVED, that the Southold Town Planning Board hereby grant Preliminary Plat Approval upon the map prepared by David H. Fox, L.S. dated October 18, 2005 and last revised on August 23, 2006, subject to the following conditions: 1) Submission of the application and fee for final plat approval. The final map shall contain the following revisions: a) Show the common driveways within the flag strips and any proposed plantings. b) Add the Declaration of Covenants and Restrictions to the map. c) Add a note which states that "The final plat has been adopted pursuant to the terms of Amended Chapter 240, subdivision of Land, effective August 24,2004." d) Add a note which states that "A Declaration of Covenants and Restrictions has been filed in the County Clerk's Office which affects this subdivision and the properties within in." e) Show a metes and bounds description for the open space area on Lot 5. f) Show a 25'-wide vegetated buffer within the open space area along Main Road. Label this buffer as a 25'-wide landscaped buffer. g) Delineate the open space area with a dashed line. 2) Submission of the final draft Declaration of Covenants and Restrictions with the following additional clauses: a) Access to Lots 2 & 3 shall be from a common driveway over Lot 3 as shown on the approved map. b) Access to Lots 4 & 5 shall be from a common driveway over Lot 4 as shown on the approve map. c) Access to Lot 1 shall be from a private driveway. d) Access to Lot 5 from Main Road (NYS ROUTE 25) is prohibited. e) All driveways shall be constructed of previous materials. f) All structures with impervious materials shall control and retain surface water runoff through the use of gutters, leaders and subsurface drywells. 3~ Southold Town Planning Board Page Fifteen February 12, 2007 g) Landscaping of any or all of the lots shall consist of native, disease-resistant and drought-tolerant plants. h) The residential application of synthetic fertilizers and pesticides is prohibited on each lot as shown on the approved map. i) The Open Space Area on Lot 5 is subject to a 25'-wide landscaped buffer as shown on the approved map. 3) Submission of a draft AgriculturallOpen Space Easement pertaining to Lot 5. 4) Submission of draft Common Driveway Easements for each common driveway shown on the final map. 5) LWRP Coastal Consistency review by the Town of Southold. 6) Review and approval by the Suffolk County Planning Commission. 7) Submission of the park and playground fee in the amount of $28,000 ($7,000 for each new residential lot created). Martin Sidor: Second. Chairoerson Woodhouse: All in favor? Ayes. Chairoerson Woodhouse: Opposed? That motion carries. ********************************************* Preliminary Extensions: Ioannou. Constantine: This proposed standard subdivision is for 3 lots on 6.81 acres where Lot 1 equals 92,332 sq. ft., Lot 2 equals 124,679 sq. ft. inclusive of the 25' wide right-of-way, and Lot 3 equals 80,000 sq. ft. The property is located on the nlslo NY State Route 25, 4,848' elo Kayleigh's Court in East Marion. SCTM#1000-23-1-14.7 Chairoerson Woodhouse: WHEREAS, this proposed standard subdivision is for 3 lots on 6.81 acres where Lot 1 equals 92,332 sq. ft., Lot 2 equals 124,679 sq. ft., inclusive of the 25' wide right-of-way, and Lot 3 equals 80,000 sq. ft.; and WHEREAS, on August 9, 2004, the Southold Town Planning Board granted conditional sketch approval on the plat, dated as last revised September 7, 2000; and 59 Southold Town Planning Board Page Sixteen February 12, 2007 WHEREAS, on February 14, 2005, the Southold Town Planning Board granted conditional preliminary plat approval on the plat, dated as last revised February 25, 2004; and WHEREAS, the Southold Town Planning Board granted an extension of time for conditional preliminary plat approval effective from August 15, 2005 until February 15, 2006; and WHEREAS, in a letter dated January 11, 2007, the applicant indicates that the application remains pending in the Health Department at this time and therefore is requesting another extension of time in order to meet the conditions of preliminary plat approval; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants an extension of time for the preliminary plat approval effective from February 15, 2006 until February 15,2007. Georae Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: That motion carries. ********************************************* Setting of Final Hearings: FITF LLC: The proposed action involves the subdividing of 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 and equals 2.48 acres: Lot 2.2 is zoned M-II 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 wlslo Reservoir Road approximately 365' nlo Winthrop Drive on Fishers Island. SCTM#1000-9-8-2 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 Lto Southold Town Planning Board Page Seventeen February 12, 2007 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; be it therefore RESOLVED, that the South old Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, do an uncoordinated review of this Unlisted Action. The Planning Board establishes itself as Lead Agency and, as Lead Agency, makes a determination of non-significance and grants a Negative Declaration; Martin Sidor: Second. Chairoerson Woodhouse: All in favor? Ayes. Chairoerson Woodhouse: This motion carries. Ken Edwards: and be it further RESOLVED, that the Southold Town Planning Board set Monday, March 12,2007 at 6:05 p.m. for a final public hearing on the map prepared by CME Associates Engineering, Land Surveying & Architecture, PLLC, dated August 16, 2006, and last revised on September 25, 2006. Martin Sidor: Second. Chairoerson Woodhouse: All in favor? Ayes. Chairoerson Woodhouse: That motion carries. *********************************** 4-1 Southold Town Planning Board Page Eighteen February 12, 2007 Conditional Sketch Determinations: Ghassemi. Sv & Catherine: This proposal is for a Conservation Subdivision to subdivide 31.0137 acres into four lots where Lot 1 equals 25.7355 acres, upon which the Development Rights are proposed to be sold to Suffolk County, Lot 2 equals 2.379 acres, Lot 3 equals 2.6488 acres and Lot 4 equals 1 acre, in the R-80 Zoning District. The property is located on the n/s/o NYS Route 25, approximately 831' w/o Rocky Point Road in East Marion. SCTM#1000-31-1-1.2 Martin Sidor: WHEREAS, this proposal is for a Conservation Subdivision to subdivide 31.0137 acres into four lots where Lot 1 equals 25.7355 acres, upon which the Development Rights are proposed to be sold to Suffolk County, Lot 2 equals 2.379 acres, Lot 3 equals 2.6488 acres and Lot 4 equals 1 acre, in the R-80 Zoning District; and WHEREAS, an application for sketch approval was submitted on June 30, 2006, including the sketch plan prepared by John T. Metzger, L.S. dated April 21, 2005; 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, on September 12, 2006, the Southold Town Planning Board started the SEQRA lead agency coordination process for this unlisted action; and WHEREAS, on November 3, 2006, the applicant submitted a revised sketch plan prepared by John T. Metzger, L.S. dated April 21, 2005 and last revised on August 28, 2006; be it therefore 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; Georae Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: The motion carries. ~2- South old Town Planning Board Page Nineteen February 12, 2007 Martin Sidor: And be it further RESOLVED, that the Southold Town Planning Board hereby grants Sketch Approval upon the map prepared by John T. Metzger, L.S. dated April 21, 2005 and last revised on August 28, 2006, subject to the following conditions: 1. Submission of a revised map with the following changes: a. The title of the map shall read "Clustered Conservation Subdivision for the Property of Sy and Catherine Ghassemi." b. Clarify which lot the right-of-way is attached to. c. Show the location of the road within the right-of-way. d. 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. e. Remove the previous set-off from the map. f. Show street trees along the westerly property line within the right-of-way. g. 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. h. Add a note which states that 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 Southold Planning Department. i. Provide all of the technical requirements pursuant to Section 240-21 of the South old Town Code. 2. Submission of the application for final plat approval. 3. Submission of draft Declaration of Covenants and Restrictions. Specific details regarding the required clauses will be determined during the on-going subdivision review process and shall be provided to the applicant by the staff. 4. Submission of a permit or letter of non-jurisdiction from the New York State Department of Environmental Conservation and the Town Trustees. 5. Submission of a draft Road and Drainage Plan. 6. Submission of a draft Road and Maintenance Agreement. 7. LWRP Coastal Consistency Review by the Town of Southold. ~3 Southold Town Planning Board Page Twenty February 12, 2007 8. Submission of the park and playground fee in the amount of $7,000 ($3,500 for each new residential lot being created). Joe Townsend: Second. Chairoerson Woodhouse: All in favor? Ayes. Chairoerson Woodhouse: That motion carries. *********************************************** 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 Georae Solomon: 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 Southold Town Planning Board started the SEQRA lead agency coordination process for this unlisted action; be it therefore RESOLVED, that the Southold Town Planning Board hereby grant Sketch Approval upon the map prepared by Joseph A. Ingegno, L.S., dated September 12, 2001 and last revised on September 11, 2006, subject to the following conditions: 1. Submission of the application and fee for preliminary plat approval. The preliminary map shall contain all of the technical requirements pursuant to Section 240-17 of the Southold Town Code, in addition to the following changes: a. The title of the map shall read "Standard Subdivision for the Property of Alan and Ellen Wexler." b. Specify the permissible amount of clearing for Lot 1, pursuant to the Section 240-49C of the Town Code. And show the location of said clearing limit on the map. ~~ South old Town Planning Board Page Twenty-One February 12, 2007 2. 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. No further subdivision of any of the lots on the approved subdivision map in perpetuity. c. No changes to any of the lot lines without Planning Board approval. d. 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. e. 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. f. Specify the clearing limits for Lot 1 and refer to the g. No clearing, grading or ground disturbance shall be permitted within 100' of the freshwater wetlands. 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. 3. Submission of a Letter of Water Availability from the Suffolk County Water Authority. 4. Submission of a permit or letter of non-jurisdiction from the Town Trustees and the New York State Department of Environmental Conservation. 5. Review by the Town of Southold LWRP Coordinator. Joe Townsend: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: That motion carries. *********************************************** 45 Southold Town Planning Board Page Twenty-Two February 12, 2007 SITE PLANS Set Hearings: La Panache Hair Desian: This site plan is for an alteration to an existing 1,637 sq.ft. single family dwelling as follows: two (2) station beauty salon on and maintenance of a single family dwelling on a 29,141 sq.ft. parcel in the HB Zone, located approximately 811' slo NYS 25 on the elslo Youngs Avenue known as 1100 Youngs Avenue in Southold. SCTM#1000-60.-2-7.1 Ken Edwards: 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 on and maintenance of a single family dwelling on a 29,141 sq.ft. parcel in the HB Zone, located at 1100 Youngs Avenue in Southold. SCTM#1000-60.-2-7.1; be it therefore RESOLVED, that the Southold Town Planning Board set Monday, March 12, 2007 at 6:00 p.m. for a final public hearing. Georae Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. Chairoerson Woodhouse: That motion carries. *********************************************** SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Type II Actions: Peconic Landina/Brecknock Hall: This amended site plan is for the proposed renovation of an existing two story building of 10,720 sq. ft. public use space where the 2,100 sq. ft. is public space, 2,100 sq. ft. is office space, misc. space and one (1) two (2) bedroom apartment on the second floor on a 136.6 acre parcel known as Peconic Landing in the R-80 zone located on the north side of New York State Road 25, approximately 1103' west of Gull Pond Lane in Greenport. SCTM #: 1000-35-1-25. ~r.o Southold Town Planning Board Page Twenty-Three February 12, 2007 Chairoerson Woodhouse: WHEREAS, this amended site plan is for the proposed renovation of an existing two story building of 10,720 sq. ft. public use space where the 2,100 sq. ft. is public space, 2,100 sq. ft. is office space, miscellaneous space and one (1) two (2) bedroom apartment on the second floor on a 136.6 acre parcel known as Peconic Landing in the R-80 zone located on the north side of New York State Road 25, approximately 1103' west of Gull Pond Lane in Greenport. SCTM #: 1000-35-1-25; be it therefore RESOLVED, thatthe Southold Town Planning Board, acting under the State Environmental Quality Review Act (6 NYCRR), Part 617.5 c (2), makes a determination that the proposed action is a Type II and not subject to review. Georae Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. Chairoerson Woodhouse: That carries. *********************************************** OTHER Farm Stand Determinations: Rosenbaum Niamonitakis Farm Stand: This site plan is for construct an 980 sq. ft Farm Stand building with 10 parking spaces on a 1.92 acre parcel located in the R-40 Zoning District on the slslo NYS Road 25 at the sle intersection of Cedar Lane and NYS 25 located at 7540 Main Road, East Marion in . SCTM#(s) 1000-31.-6-28.5 & 28.6 Joe Townsend: WHEREAS, this proposal is to construct an 980 sq. ft Farm Stand building with 10 parking spaces on a 1.92 acre parcel located in the R-40 Zoning District on the slslo NYS Road 25 at the sle intersection of Cedar Lane and NYS 25 in East Marion. SCTM #1000- 31-06-28.5; and WHEREAS, Susan Rozenbaum is the owner of the property located on the slslo NYS Road 25 at the sle intersection of Cedar Lane and NYS 25 in East Marion; and WHEREAS, on November 30, 2004, the Southold Town Building Department issued a notice of disapproval indicating the proposed construction is not permitted under Town Code 100-32 or 100-13 and the agenUapplicant will be require to obtain relief from the Southold Town Zoning Board of Appeals prior to the Planning Board approving the map; and 41 Southold Town Planning Board Page Twenty-Four February 12, 2007 WHEREAS, on March 4, 2005, the Southold Town Building Department issued an amended notice of disapproval indicating the proposed construction with two front yards is not permitted under Town Code 100-32 or 100-13 and the agent/applicant will be required to obtain relief from the Southold Town Zoning Board of Appeals prior to the Planning Board approving the map; and WHEREAS, on June 30, 2005 and September 12, 2005, the Southold Town Building Department issued an amended notice of disapproval indicating the proposed construction with three front yards is not permitted under Town Code 100-32 or 100-13 and the agent/applicant will be required to obtain relief from the Southold Town Zoning Board of Appeals prior to the Planning Board approving the map; and WHEREAS, on November 21, 2005, the agent submitted a map labeled "Site Plan for Surge and Susan Rozenbaum" to be processed; and WHEREAS, on January 3, 2006, the agent Abigail Wickham submitted the permit issued by the New York State Department of Transportation under Highway Work Permit No. 10-04- 0119 on November 01,2004 for the residential subdivision; and WHEREAS, on October 5, November 2 and November 3, 2006, the South old Town Building Department issued an amended notice of disapproval indicating the proposed construction with three front yards is not permitted under Town Code 100-32 or 100-13 and the agent/applicant will be required to obtain relief from the Southold Town Zoning Board of Appeals prior to the Planning Board approving the map; and WHEREAS, on December 14,2006, the Southold Town Zoning Board of Appeals granted a Variance as applied for under file number 5691 which stipulates four (4) conditions; and WHEREAS, on January 9,2007, the agent Abigail A. Wickham requested the Planning Board approve parking under Chapter 47 Farm Stands; and WHEREAS, the Southold Town Planning Board, acknowledges the South old Town Code has changed the numbers and Chapter 47 Farm Stands is now Chapter 135 Farm Stands; and WHEREAS, on January 22,2007, the Southold Town Planning Board held a public work session to review the proposed parking pursuant to Chapter 135, Farm Stands, Part G and agrees the provisions have been met; be it therefore RESOLVED, that the South old Town Planning Board has reviewed the proposed action under the policies of the Town of Southold Local Waterfront Revitalization Program and has determined that the action is consistent with the Policy Standards in the January 29, 2007 memo prepared by the LWRP Coordinator; L\,? Southold Town Planning Board Page Twenty-Five February 12, 2007 Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Joe Townsend: and be it further 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; Georae Solomon: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Joe Townsend: and be it further RESOLVED, that the South old Town Planning Board grant approval in conformance with the Zoning Board of Appeals decision on the Farm Stand map known as the "Site Plan for Surge and Susan Rozenbaum" prepared by Joseph Ingegno licensed Land Surveyor dated July 24, 2001 and last revised October 3, 2005 pursuant to Town Code Section 135 (Farm Stands) for the parking location and authorize the Chairperson to endorse the site plans with the following conditions: 1. The Planning Board is unable to approve any parking that encroaches on property in which the development rights have been sold. The applicant, owner and/or agent must obtain approval from Suffolk County for any parking encroachments onto their property. A copy of this approval must be submitted to this office. 2. The Planning Board is unable to approve the curb cut usage as shown and acknowledges that a New York State Department of Transportation (NYS DOT) Highway Curb Cut Permit is required. The applicant, owner and/or agent must submit the required information for the Farm Stand curb cut to the NYS DOT for approval. A copy of this approval must be submitted to this office. 3. If the as-built site improvements vary from the approved plan, the Planning Board reserves the right to review any parking location/layout changes and request a certified as-built plan detailing all the changes. 4. Any changes from the approved plan shall require Planning Board approval, and is the responsibility of the applicant, owner or agent to submit such changes to the Planning Department for review by the Planning Board. ~q Southold Town Planning Board Page Twenty-Six February 12, 2007 Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: The motion carries. ******************************************** APPROVAL OF PLANNING BOARD MINUTES Chairperson Woodhouse: I will entertain a motion to approve the minutes of two special meetings: October 11, 2005 and March 27, 2006. Joe Townsend: So moved. Martin Sidor: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: The motion carries. Is there any other business? I'll entertain a motion to adjourn. Georae Solomon: So moved. Martin Sidor: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: The motion carries. We are adjourned. ******************************* Planning Board Page Twenty-Seven February 12, 2007 There being no further business to come before the meeting, it was adjourned at 6:16 p.m. ~~~ Linda Randolph. Secretary p~ oodhouse, Chairperson 50