HomeMy WebLinkAboutPB-07/09/2007
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KENNETH L. EDWARDS
MARTIN H. SIDOR
GEORGE D. SOLOMON
JOSEPH L. TOWNSEND
MAIUNG ADDRESS:
P.O. Box 1179
Southold, NY 11971
PLANNING BOARD MEMBERS
JERILYN B. WOODHOUSE
Chair
OFFICE WCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
PUBLIC MEETING MINUTES
Monday, July 9, 2007
6:00 p.m.
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Present were:
Jerilyn B. Woodhouse, Chair
Kenneth L. Edwards, Member
Martin H. Sidor, Member
George D. Solomon, Member
Joseph Townsend, Acting Chair
Mark Terry, Principal Planner
Bruno Semon, Sr. Site Plan Reviewer
Carol Kalin, Secretary
SETTING OF THE NEXT PLANNING BOARD MEETING
Chairperson Woodhouse: Good evening, and welcome to the July 9th meeting of the Southold
Town Planning Board. For our first order of business, I will entertain a motion to set Monday,
August 13th, 2007 at 6:00 p.m. at the Southold Town Hall, Main Road, Southold, as the time
and place for the next regularly scheduled Planning Board Meeting.
Ken Edwards: So moved.
Martin Sidor: Second.
Chairperson Woodhouse: All in favor?
Ayes.
Chairperson Woodhouse: That motion carries.
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Southold Town Planning Board
Page Two
July 9, 2007
PUBLIC HEARINGS
Hearings Held Over From Previous Meetings:
Charnews. Daniel & Stephanie - Proposed standard subdivision of a 23.4004-acre parcel into
two lots where Lot 1 equals 3 acres and Lot 2 equals 20.4004 acres. The property is located
on the wlslo Youngs Avenue and the elslo Horton Lane, approximately 375' slo CR 48, in
South old . SCTM#1000-63-1-25
Georqe Solomon: BE IT RESOLVED, that the Southold Town Planning Board hereby holds
open the public hearing for the Charnews Subdivision.
Ken Edwards: Second.
Chairperson Woodhouse: All in favor?
Ayes.
Chairperson Woodhouse: That motion carries.
*****************************************************
CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE-
SUBDIVISIONS (Lot Line Changes)
Final Determinations:
Verity. Michael J. - Proposed standard subdivision of a 5.54-acre parcel into five (5) lots
where Lot 1 equals 21,454 sq. ft., Lot 2 equals 21,593 sq. ft., Lot 3 equals 25,081 sq. ft.
exclusive of the flag strip, Lot 4 equals 20,477 sq. ft. exclusive of the flag strip, and Lot 5
equals 146,285 sq. ft. inclusive of 71,581 sq. ft. of clustered open space. The property is
located in the R-40 Zoning District on the nlslo Main Road and the wlslo Sound Road in
Greenport. SCTM#1000-35-1-4
Ken Edwards: WHEREAS, this proposal is to subdivide a 5.54-acre parcel into five (5) lots
where Lot 1 equals 21,454 sq. ft., Lot 2 equals 21,593 sq. ft., Lot 3 equals 25,081 sq. ft.
exclusive of the flag strip, Lot 4 equals 20,477 sq. ft. exclusive of the flag strip, and Lot 5
equals 146,285 sq. ft. inclusive of 71,581 sq. ft. of clustered open space; and
WHEREAS, on August 14, 2006, the Southold Town Planning Board issued a Negative
Declaration for the project and granted conditional sketch approval upon the map prepared by
David H. Fox, L.S., dated October 18, 2005 and last revised on May 15, 2006; and
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Southold Town Planning Board
Page Three
July 9, 2007
WHEREAS, on January 23,2007, the applicant submitted one (1) copy of the subdivision map
containing the Health Department stamp of approval; and
WHEREAS, on February 12, 2007, the Southold Town Planning Board granted preliminary plat
approval upon the map prepared by David H. Fox, L.S., dated October 18, 2005 and last
revised on August 23, 2006; and
WHEREAS, on April 2, 2007, the applicant submitted the application and fee for final plat
approval, including copies of the final plat, prepared by David H. Fox, L.S., dated March 5,
2007 and last revised on April 25, 2007; and
WHEREAS, on April 2, 2007, the applicant submitted copies of the final Draft Declaration of
Covenants and Restrictions and the Common Driveway Easement for the Planning Board's
review; and
WHEREAS, on June 4,2007, the applicant submitted a copy of the Declaration of Covenants
and Restrictions, which was recorded on June 1,2007 (Liber 12507, Page 589) and on June
18,2007, submitted a copy of the Common Driveway Easement, which was recorded on June
18,2007 (Liber 12509, Page 839); and
WHEREAS, the Southold Town Planning Board held the final public hearing on this application
on June 11,2007; and
WHEREAS, on June 11,2007, the Southold Town Planning Board granted conditional final
approval on the map prepared by David H. Fox, L.S., dated March 5, 2007 and last revised on
April 25, 2007; and
WHEREAS, on June 25,2007, the Southold Town Planning Board received correspondence
from the Suffolk County Planning Commission indicating that the project is a matter for local
determination; and
WHEREAS, on June 29,2007, the applicant submitted the final Agricultural Conservation
Easement, which shall be recorded in the Office of the County Clerk simultaneously with the
subdivision map; and
WHEREAS, on July 6,2007, the applicant submitted the Park and Playground Fee in the
amount of $28,000; and
WHEREAS, on July 6,2007, the applicant submitted five (5) mylars and eight (8) paper prints
of the final plat prepared by David H. Fox, L.S., dated March 5, 2007 and last revised on April
25,2007, each containing the Health Department stamp of approval; be it therefore
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Southold Town Planning Board
Page Four
July 9, 2007
RESOLVED, that the Southold Town Planning Board finds 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;
Martin Sidor: Second.
Chairperson Woodhouse: All in favor?
Ayes.
Chairperson Woodhouse: That motion carries.
Ken Edwards: and be it further RESOLVED, that the Southold Town Planning Board hereby
grant final plat approval on the map prepared by David H. Fox, L.S., dated March 5, 2007 and
last revised on April 25, 2007, and authorize the Chairperson to endorse the maps.
Martin Sidor: Second.
Chairperson Woodhouse: All in favor?
Ayes.
Chairperson Woodhouse: Thank you.
***********************************************
Conditional Preliminary Determinations:
Tall Pines at Paradise Point - Proposed standard subdivision of a 19.825-acre parcel into six
(6) lots where Lot 1 equals 40,571 sq. ft., Lot 2 equals 40,436 sq. ft., Lot 3 equals 40,337 sq.
ft., Lot 4 equals 40,070 sq. ft., Lot 5 equals 40,070 sq. ft. 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 A-C Zoning District on the wlslo
Paradise Point Road, approximately 1,207 ft. slo North Bayview Road, Southold.
SCTM#1000-81-2-5
Joe Townsend: WHEREAS, this proposal is for a standard subdivision of a 19.825-acre parcel
into six lots where Lot 1 equals 40,571 sq. ft., Lot 2 equals 40,436 sq. ft., Lot 3 equals 40,337
sq. ft., Lot 4 equals 40,070 sq. ft., Lot 5 equals 40,070 sq. ft. and Lot 6 equals 15.2 acres of
subdivision Open Space that will be perpetually preserved through an Open Space
Conservation Easement; and
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Southold Town Planning Board
Page Five
July 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, on February 13, 2006, the applicant submitted a reduced density sketch plan
prepared by Joseph A. Ingegno, L.S., dated December 28, 2001 and last revised on October
13,2005, depicting a total offive (5) lots with lot sizes ranging from 40,000 square feet to
40,571 square feet; and
WHEREAS, on April 18, 2006, the applicant submitted a revised yield map prepared by
Joseph A. Ingegno, L.S., dated December 28,2001 and last revised on April 13, 2006,
showing a total of 6 lots, all of which conform to the zoning requirements of the A-C Zoning
District; and
WHEREAS, on April 18, 2006, the applicant submitted a revised sketch plan prepared by
Joseph A. Ingegno, L.S., dated December 28,2001 and last revised on April 13, 2006,
depicting the primary and secondary conservation areas in addition to a total of five (5) lots
with lot sizes ranging from 40,000 square feet to 40,571 square feet; and
WHEREAS, on October 15, 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, the Letter of Water Availability from the Suffolk County Water
Authority, dated March 2, 2005, a Letter of Non-Jurisdiction from the Town Trustees, copies of
the Draft Declaration of Covenants and Restrictions and the preliminary plat prepared by
Joseph A. Ingegno, L.S., dated December 28,2001 and last revised on April 13, 2006; and
WHEREAS, on February 27,2007, the applicant submitted copies of the revised preliminary
plat prepared by Joseph A. Ingegno, L.S., dated December 28, 2001 and last revised on
February 6, 2007 and the Preliminary Road and Drainage Plans prepared by Jeffrey T. Butler,
P.E., dated January 17, 2007; and
WHEREAS, on April 10, 2007, the Planning Board issued a Negative Declaration pursuant to
SEQRA and held the preliminary public hearing for the project, which was held open for a
period of ten (10) days to allow for the submission of written comments; and
WHEREAS, at a Work Session on June 11, 2007, the applicant agreed to dedicate a Trail
Easement to the Town of Southold within the Open Space Area; be it therefore
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Southold Town Planning Board
Page Six
July 9, 2007
RESOLVED, that the Southold Town Planning Board hereby grant conditional preliminary plat
approval upon the map prepared by Joseph A. Ingegno, L.S., dated December 28, 2001 and
last revised on February 6,2007, subject to the following conditions:
1) Submission of the application and fee for final plat approval.
2) Submission of the revised map with the following revisions:
a) The title of the map shall read "Final Plat for the Standard Subdivision of Tall
Pines at Paradise Point."
b) Do not label Lot 6 as such; show only the tax map number. Remove the area
data for Lot 6.
c) Revise the calculations to be based only on SCTM#1000-81-2-5.
d) Attach the right-of-way to Lot 3 or indicate how ownership will be established.
Indicate that the right-of-way will be subject to a Road and Maintenance
Agreement as filed in the Office of the County Clerk.
e) Label the open space as "Open Space Area." And provide the acreage/square
footage. If there will be two separate Open Space Areas, label them as "Open
Space Area A" and "Open Space Area B".
f) Add the statement: "A Declaration of Covenants and Restrictions has been filed
in the County Clerk's Office and such covenants and restrictions affect the
subdivision and the properties within it."
g) Specify the clearing limits for each of the lots, including the square footage.
h) Add the statement: "The subdivision has been adopted pursuant to Chapter 240,
Subdivision of Land, effective August 28, 2004."
i) Show location of Trail Easement and include a metes and bounds description.
j) Provide the metes and bounds for all existing and proposed property lines and
the two rights-of-way.
3) Final Draft Declaration of Covenants and Restrictions for review by the Planning
Board and Town Attorney. Staff will provide you with the required information as it
pertains to format and content.
4) Freshwater Wetlands Permit or a Letter of Non-Jurisdiction from the New York State
Department of Environmental Conservation.
5) Final Road and Drainage Plans with the changes required by the Town Engineer.
6) Bond estimate for the proposed road and drainage improvements for approval by the
Town Engineer, the Town Board and the Planning Board.
7) Draft Homeowners Association.
8) Draft Road and Maintenance Agreement for both rights-of-way.
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Southold Town Planning Board
Page Seven
July 9, 2007
Georqe Solomon: Second.
Chairperson Woodhouse: All in favor?
Ayes.
Chairperson Woodhouse: That resolution carries.
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Setting of Final Hearings:
Cleaves Point Manor - This proposal is to subdivide a 4.04-acre parcel into four (4) lots where
Lot 1 equals 44,004 sq. ft., Lot 2 equals 44,004 sq. ft., Lot 3 equals 44,004 sq. ft. and Lot 4
equals 44,004 sq. ft. in the R-40 Zoning District. The property is located on the wlslo Shipyard
Lane, approximately 173' slo Gus Drive, in East Marion. SCTM#1000-38-7-9
Martin Sidor: WHEREAS, this proposal is to subdivide a 4.04-acre parcel into four (4) lots
where Lot 1 equals 44,004 sq. ft., Lot 2 equals 44,004 sq. ft., Lot 3 equals 44,004 sq. ft. and
Lot 4 equals 44,004 sq. ft. in the R-40 Zoning District; and
WHEREAS, the Southold Town Planning Board initiated the SEQRA lead agency coordination
on November 10, 2005 and issued a Negative Declaration, pursuant to SEQRA, on December
11,2005; and
WHEREAS, on December 11,2005, the Southold Town Planning Board granted conditional
sketch approval upon the map prepared by John T. Metzger, L.S., dated May 21,2005 and
last revised July 29, 2005; and
WHEREAS, on May 8,2006, the Southold Town Planning Board granted preliminary plat
approval upon the map prepared by John T. Metzger, L.S., dated May 21, 2005 and last
revised March 1, 2006; and
WHEREAS, on May 7, 2007, the applicant submitted the application and fee for final plat
approval, including five (5) mylars and eight (8) paper prints of the final plat prepared by John
T. Metzger, L.S., dated May 21,2005 and last revised February 14, 2007, each containing the
Health Department stamp of approval; and
WHEREAS, on May 7,2007, the applicant submitted copies of the final Draft Declaration of
Covenants and Restrictions and the Phase I Archaeological Survey; be it therefore
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Southold Town Planning Board
Page Eight
July 9, 2007
RESOLVED, that the Southold Town Planning Board set Monday, August 13, 2007 at 6:00
p.m. for a final public hearing on the final plat prepared by John T. Metzger, L.S. dated May
21,2005 and last revised February 14, 2007.
Georoe Solomon: Second.
Chairperson Woodhouse: All in favor?
Ayes.
************************************************
Oreaon Landina I - This proposal is to amend the filed Declaration of Covenants and
Restrictions that were recorded on June 13, 2005 (Liber 12392, Page 124) in connection with
the approved Conservation Subdivision of Oregon Landing I. The proposed amendment will
allow a common beach access over Lot 2, but not over Lots 1, 3 and 4. The property is located
nlo Oregon Road, 625 ft. wlo Bridge Lane, Cutchogue, in the A-C and R-80 Zoning Districts.
SCTM#1000-83-2-9.1
Georoe Solomon: WHEREAS, this proposal is to amend the filed Declaration of Covenants
and Restrictions that were recorded on June 13, 2005 (Liber 12392, Page 124) in connection
with the Conservation Subdivision of Oregon Landing I. The proposed amendment will allow a
common beach access over Lot 2, but not over Lots 1, 3 and 4; and
WHEREAS, this proposal will also require the filing of an amended subdivision map which
shows the new location of the beach access; and
WHEREAS, the Southold Town Planning Board discussed these proposed modifications at
their Work Session on June 18, 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?
Ayes.
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Southold Town Planning Board
Page Nine
July 9, 2007
Georqe Solomon: and be it further RESOLVED, that the Southold Town Planning Board set
Monday, August 13, 2007 at 6:05 p.m. for a public hearing on the proposed amendments to
the Declaration of Covenants and Restrictions originally recorded on June 13, 2005 (Liber
12392, Page 124) in connection with the Conservation Subdivision of Oregon Landing I.
Martin Sidor: Second.
Chairperson Woodhouse: All in favor?
Ayes.
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SITE PLANS
Set Hearings:
Peconic landina Cafe Addition -This amended site plan is for the proposed construction of a
1,650 sq. ft. addition to the existing community center cafe area, new outdoor terrace and 17
land-banked parking spaces at the community center on a 145.01 acre parcel in the HD/R-80
Zones located on the nlslo NYS Route 25, 1,121' elo Sound Road, in Greenport. SCTM#1000-
35-1-25.
Ken Edwards: WHEREAS, this amended site plan is for the proposed construction of a 1,650
sq. ft. addition to the existing Community Center Cafe area, new outdoor terrace and 17 land-
banked parking spaces at the Community Center on a 145.01-acre parcel in the HD, R-80
Zones located on the nlslo NYS Route 25, 1,121' elo Sound Road, in Greenport. SCTM#1000-
35-1-25; and
WHEREAS, Peconic Landing is the owner of the property located on the nlslo NYS Route 25,
1,121' elo Sound Road, in Greenport; and
WHEREAS, on May 17, 2007, the agent, Bruce A. Anderson of Suffolk Environmental
Consulting, Inc., working for the applicant, Peconic Landing, submitted an amended site plan
application 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(7), makes a determination that the proposed
action is a Type II and not subject to review;
Georqe Solomon: Second.
Chairperson Woodhouse: All in favor?
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- Southold Town Planning Board
Page Ten
July 9, 2007
Ayes.
Ken Edwards: and be it further RESOLVED, that the South old Town Planning Board set
Monday, August 13, 2007 at 6:10 p.m. for a final public hearing.
Martin Sidor: Second.
Chairperson Woodhouse: All in favor?
Ayes.
**********************************************************
SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT
Lead Agency Designation:
The Heritaae at Cutchoaue
Chairperson Woodhouse: The Heritage at Cutchogue has been removed from the agenda.
Determinations:
Cinaular Wireless/MGH Enterprises - This proposed site plan is for new construction of a
100' monopole cellular communication tower with Cingular locating antennas at 97'-0" and 87'-
0" internally mounted in the tower. The site includes an existing boat marina and restaurant on
a 4.7-acre parcel in the Mil Zoning District located approximately 537' e/o Cedar Birch lane,
on the sIsto New York State Route 25, in Orient. SCTM#1000-15-9-8
Joe Townsend: WHEREAS, the applicant proposes a site plan for new construction of a 100'
monopole cellular communication tower with Cingular locating antennae at 97'-0" and 87'-0"
internally mounted in the tower. The site includes an existing boat marina and restaurant on a
4.7-acre parcel in the Mil Zoning District located approximately 537' e/o Cedar Birch lane, on
the s/s/o/ New York State Route 25, in Orient. SCTM#1000-15-9-8; and
WHEREAS, on May 11, 2006, the Southold Town Building Department issued a Notice of
Disapproval indicating the proposed construction "requires special exception from the Southold
Town Zoning Board of Appeals and site plan approval from the Southold Town Planning
Board"; and
WHEREAS, on July 7,2006, a formal site plan application was submitted for approval; and
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Southold Town Planning Board
Page Eleven
July 9, 2007
WHEREAS, on August 3, 2006, the Architectural Review Committee reviewed the architectural
drawings and associated site plan materials and approved the flagpole with the following conditions of
"gold globe and red beacon light atop pole" and the Planning Board accepted the comments for the
file pending further review and final approval; and
WHEREAS, on August 23, 2006, the New York State Department of Transportation responded
by letter with "The scope of the work involved at this location will not have a significant impact
on the State Highway System". They also notified us that a Highway Work Permit will be
required "if any utility connections, work or vehicle staging will occur" and assigned a Case No.
06-285P and the Planning Board will notify the applicant's agent of the requirements; and
WHEREAS, on September 12, 2006, the Southold Town Planning Board, pursuant to Part 617,
Article 6 of the Environmental Conservation Law acting under the State Environmental Quality
Review Act, initiated the SEQR lead agency coordination process for this Unlisted Action; and
WHEREAS, on September 18, 2006, Matthew D. Crane, L.S., of Hawkins, Webb & Jaeger
Associates, P.L.L.C., submitted a certification letter indicating construction of the equipment platform
will be elevated to 12' and complies with the flood zone designation and the Planning Board accepted
this for the file and further compliance review from the Building Department; and
WHEREAS, on September 19, 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 accepted this pursuant to 239 L &
M General Municipal Law; and
WHEREAS, on October 2, 2006, Matthew D. Crane, L.S., of Hawkins Webb & Jaeger Associates,
P.L.L.C. submitted a second original certification letter indicating construction of the equipment
platform will be elevated to 12' and complies with the flood zone designation and the Planning Board
accepted this for the file and further compliance review from the Building Department; and
WHEREAS, on October 2, 2006, Heather Cusack, Environmental Technician, submitted a memo on
Town Trustees letterhead indicating "The proposed 100' monopole cellular communication tower with
antennae will require a permit from the Board of Trustees" and seven (7) additional concerns; the
Planning Board asked that this be filed for the record; and
WHEREAS, on October 5, 2006, the Orient Fire District responded by letter after review for fire
access and the Southold Town Planning Board accepted the following recommendations:
. "Request emergency vehicle access be maintained at least (15) feet in width and at least
(15) feet in height, subject to approval by the Fire Inspector, as stated in the Southold Town
Code Section 100-235 Access Requirements.
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Southold Town Planning Board
Page Twelve
July 9, 2007
. Request the applicant, New Cingular Wireless PCS, LLC, if they would consider locating
fire emergency communications antennae for the Orient Fire District on the tower if it is
needed to provide additional coverage for Orient "; and
WHEREAS, on October 11, 2006, the Southold Town Zoning Board of Appeals responded with a
memo "requesting additional time under SEQRA for receipt and review of an LWRP determination as
required under Chapter 268, and, when issued and made a part of the agency files, to allow follow-up
review/comments" and the Southold Town Planning Board accepted this request and allocated
additional time before issuing the SEQRA determination; and
WHEREAS, on October 11, 2006, the Suffolk County Department of Planning indicated the "Suffolk
County Planning Commission is an interested agency and hence has no objection to the Town of
Southold assuming lead agency" and the Planning Board accepted this recommendation; and
WHEREAS, on October 17, 2006, the NYS Department of Environmental Conservation responded by
letter that "This Department has no objection to the Town of Southold Planning Board Office
assuming lead agency for this action" and the Planning Board accepted this recommendation; and
WHEREAS, on October 19, 2006, Ryan Dassau of Munley, Meade, Nielsen & Re' submitted for
review the requested "photos of the premises taken from Gardiner's Bay, thereby providing a
southerly view of the proposed area of construction" and the South old Town Planning Board accepted
them for the file record; and
WHEREAS, on October 23,2006, the Southold Town Planning Board held a Work Session to review
the Planning Department file and requested that the southerly view of the construction site photos
have the proposed tower superimposed and the agent was verbally notified on October 27,2006; and
WHEREAS, on October 30,2006, Mark Terry, the Southold Town LWRP Coordinator/Senior
Environmental Planner, reviewed the proposed action and his determination that "the proposed action
is INCONSISTENT with the following standards and therefore INCONSISTENT with the LWRP"; the
report notes three policies and the Southold Town Planning Board approved of Staff sending the
report to the agent for review and mitigation of the polices noted; and
WHEREAS, on November 22, 2006, Planning Staff sent a letter including the LWRP Coordinators
report to Lawrence C. Re', of Munley, Meade, Nielsen & Re', for review; and
WHEREAS, on November 28,2006, Ryan Dassau of Munley, Meade, Nielsen & Re', submitted a
revised site plan to comply with the LWRP report, dated October 30, 2006, for review and elevation
drawings depicting the new location of the proposed flagpole/monopole and the Southold Town
Planning Board accepted the proposed plans with the request that various distance dimensions be
added to the revised site plan from the boat ramp, bulkheads and wetlands, additionally requesting
revised photo simulations of the new proposed tower location prior to a SEQRA determination; and
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Southold Town Planning Board
Page Thirteen
July 9, 2007
WHEREAS, on November 29, 2006, the Southold Town Engineer reviewed the site plan materials
and issued comments and the Planning Board accepted the three (3) comments and requested that
the comments be forwarded to the applicant for review; and
WHEREAS, on December 4, 2006, the Southold Town Planning Board held a Work Session to review
the Planning Department file and requested various additional information from Ryan Dassau; and
WHEREAS, on December 8,2006, Ryan Dassau of Munley, Meade, Nielsen & Re', submitted for
review, in response to the Planning Board request, the following: inventory and corresponding map of
existing Cingular sites, search ring and propagation maps and revised
site plans depicting additional setbacks and the South old Town Planning Board accepted them for the
file record; and
WHEREAS, on December 18, 2006, Ryan Dassau of Munley, Meade, Nielsen & Re', submitted 2
copies of the Visual Study prepared by Creative Visual, Inc., dated July 19, 2006, of the proposed
action and the Planning Board reviewed the information and requested that a new Visual Study be
completed for the new proposed location; and
WHEREAS, on December 18, 2006, the NYS DEC issued a permit for the proposed construction
under Article 25 Tidal Wetlands Permit Number 1-4738-00898/00018 and the Southold Town
Planning Board accepted this approval with one correction that the applicant amends the permit to
include the new proposed location of the tower; and
WHEREAS, on December 21, 2006, the Southold Town Planning Board referred under SEQRA all
file information which included the following: revised site plan, Visual Study, Town Engineers
comments and LWRP comments to all coordinated agencies; and
WHEREAS, on December 29, 2006, the Suffolk County Department of Planning responded that the
"Suffolk County Planning Commission has no objection to the Town of Southold assuming lead
agency" and the Planning Board accepted this recommendation; and
WHEREAS, on February 12, 2007, the NYS Office of Parks responded by letter indicating "this
agency has no objection to the Town of Southold Planning Office assuming lead agency", additionally
noting "It appears that the Visual Analysis was prepared prior to a shift in project location" and the
Planning Board accepted this recommendation; and
WHEREAS, on May 14, 2007, Ryan Dassau of Munley, Meade, Nielsen & Re', notified the Town that
the next Visual Study was scheduled for May 29, 2007 at 11 :00 a.m. and the Planning Board will refer
this information to all agencies; and
WHEREAS, on May 18, 2007, the South old Town Planning Board referred under SEQRA the
scheduled Visual Study date to all coordinated agencies; and
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Southold Town Planning Board
Page Fourteen
July 9, 2007
WHEREAS, on June 14, 2007, the South old Town Planning Department received the Visual Analysis
prepared by Creative Visual, Inc., dated June 2007, and the Southold Town Planning Board reviewed
the information at the Work Session on June 25, 2007 and requested it be tabled until the next Work
Session; and
WHEREAS, on July 2,2007, the Southold Town Planning Board, at the Work Session, reviewed the
site plan file information and requested that the visual be forwarded to the NYS Office of Parks for
review and comments; and
WHEREAS, on July 2,2007, the Southold Town Planning Board held a Work Session and
agrees that the proposed action pursuant to 6 NYCRR Part 617, Section under
617.7 c (vi) creates a material conflict with a community's current plans or goals as officially
approved or adopted by Southold Town under Town Regulations. This project
will require Town Zoning Board of Appeals variance relief along with special exception
permission and requires Town Trustees approval for wetlands jurisdiction; and
WHEREAS, on July 3,2007, the South old Town Trustees responded that they are "currently
reviewing the proposed 100' monopole cellular communications tower with antennae. The Planning
Board will receive a copy of our decision once made. The Board of Trustees reserves the right to
make any additional comments regarding this application" and the Planning Board will condition the
determination on the proposed construction in the wetland jurisdiction; and
WHEREAS, on July 6,2007, Thomas B. Lyons of the NYS Office of Parks responded by letter with
comments and indicated "This agency thus has no objection to the project as proposed, including
lighting to serve as a nautical marker of Orient Point" and the Planning Board accepts this
recommendation; therefore, be it
RESOLVED, that the Southold Town Planning Board, acting under the State Environmental
Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7 Part D, establishes itself as
lead Agency for the Unlisted Action and, as lead Agency, grants a Conditional Negative
Declaration for the proposed action.
Ken Edwards: Second.
Chairperson Woodhouse: All in favor?
Ayes.
Chairperson Woodhouse: Opposed? And that carries.
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Southold Town Planning Board
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July 9, 2007
OTHER
Breezv Sound Corp. - Amendment to the parking of the approved site plan for Breezy Sound
Motel in Greenport, issued September 27,2005, to construct a new 68-unit motel with a pool
house for motel guests, manager's apartment unit and eighty (80) parking spaces, located on a
7.13-acre parcel in the RR Zone located 285' east of Chapel Lane on the north side of CR 49,
known as 61475 CR 48, in Greenport. SCTM#1000-45-1-2.1
Georqe Solomon: WHEREAS, this proposal is to amend the parking for the approved site plan
for Breezy Sound Motel in Greenport, issued September 27,2005, to construct a new 68-unit
motel with a pool house for motel guests and a manager's apartment unit with eighty (80)
parking spaces, located on 7.13 acres; and
WHEREAS, Breezy Sound Corp. is the owner of the property known and designated as
Breezy Sound Motel, a/k1a Cliffside Resort, CR 48, Greenport, SCTM#1 000-45-1-2.1; and
WHEREAS, on March 27, 2007, Kevin Walsh, PE, of Barrett, Bonacci & Van Weele, P,C.,
submitted a letter requesting that the Southold Town Planning Board review the following (4)
changes: additional drainage, 30 additional parking spaces, two trash enclosures and Belgium
block curbing; and
WHEREAS, on April 10, 2007, Patricia Moore, Esq. submitted three (3) amended site plans to
the Southold Town Planning Board for review of the proposed changes; and
WHEREAS, on April 16, 2007, Kevin Walsh, PE, submitted a letter with supporting parking
standards research certifying "110 spaces is not unreasonable to accommodate peak season
parking demand"; and
WHEREAS, on April 18, 2007, Patricia Moore, Esq. submitted a letter referencing the previous
submission of three (3) amended site plans to the Southold Town Planning Board for review of
the proposed changes; and
WHEREAS, on April 19, 2007, the Southold Town Engineer reviewed the amended site plan
materials and replied with the following comments and the Planning Board accepts these
recommendations/comments and hereby incorporates them into the amended revised site plan to the
satisfaction of the Planning Board:
1. "The proposed additional parking area and the amendments to the drainage design meet the
minimum requirements of the Town Code.
2. I have inspected the first drainage "Wick" that has been installed. This item will enhance the
effectiveness of the original design and is considered a suitable alternate to address the poor
soil conditions found at this site.
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Southold Town Planning Board
Page Sixteen
July 9, 2007
3. The two trash enclosures appear to be suitably located in areas that will not conflict with
required setbacks.
4. The requested change to install Belgium Block Curbing within this private development has
been reviewed and approved by the Highway Superintendent"; and
WHEREAS, on April 25, 2007, Patricia Moore, Esq. submitted a letter indicating that additional
landscaping has been added to mitigate the proposed changes and stating "Our engineers
recommend additional spaces after review of the parking standards for a motel use. We wish
to provide for the parking needs now, prior to the completion of construction, rather than after it
becomes a problem and can not be corrected because of placement of utility lines and
drainage" and the Planning Board has reviewed this letter submission; and
WHEREAS, on June 25,2007, the South old Town Planning Board reviewed a
memorandum/staff report from Bruno Semon, dated June 22,2007, and the revised amended
site plan reflecting the detailed changes and the South old Town Planning Board accepted for
approval the revised amended site plan with one change that a handicap parking space be
added to the location near Building A and that original certified plans be submitted for
authorization of changes; therefore, be it
RESOLVED, that the Southold Town Planning Board, pursuant to Town Code S280-131 B (5),
varies the parking requirements provided it will not have a detrimental effect on the public
health, safety or general welfare and the Southold Town Planning Board recognizes that the
request to change the parking arrangement from the approved 80 spaces to 108 spaces is
minimal to provide public safety;
Chairperson Woodhouse: We will do a voice vote on this issue; a roll call. Mr. Edwards?
Ken Edwards: Yes.
Mr. Townsend: No.
Mr. Sidor: Yes.
Mr. Solomon: Yes.
Chairperson Woodhouse: Yes.
Georqe Solomon: and be it further RESOLVED, that the Southold Town Planning Board,
pursuant to Town Code S280-131 B (5) (b), reserves the right to review the parking
requirements again if a change of use is proposed;
Ken Edwards: Second.
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Southold Town Planning Board
Page Seventeen
July 9, 2007
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;
Ken Edwards: Second.
Chairperson Woodhouse: All in favor?
Ayes.
Georqe Solomon: and be it further RESOLVED, that the Southold Town Planning Board
grants approval on the revised site plan prepared by Barrett, Bonacci & Van Weele, P.C. and
certified by Kevin Walsh, Professional Engineer, dated October 3, 2001, and last revised June
8,2007, and authorizes the Chairperson to endorse the final site plans with one condition:
1. That the applicant, agent or owner submit to the Suffolk County Department of Public
Works for approval of the changes as noted above and such approval be submitted to
the Planning Department for the file.
Ken Edwards: Second.
Chairperson Woodhouse: I will take a voice vote on this one: Mr. Edwards?
Ken Edwards: Yes.
Mr. Townsend: No.
Mr. Sidor: Yes.
Mr. Solomon: Yes.
Chairperson Woodhouse: Yes.
*****************************************************************
Chairperson Woodhouse: This concludes our business for the evening. I will entertain a
motion to adjourn.
\ (02.
Southold Town Planning Board
Page Eighteen
July 9,2007
Georqe Solomon: So moved.
Martin Sidor: Second.
Chairperson Woodhouse: All in favor?
Ayes.
Chairperson Woodhouse: Meeting adjourned.
*****************************************************
There being no further business to come before the meeting, it was adjourned
at 6:08 p.m.
Linda Randolph, Transcribin
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. Woodhouse, Chairperson
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