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HomeMy WebLinkAboutPB-08/13/2007 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, August 13, 2007 6:00 p.m. RECEIV;:D r-~ d:35'PIY/. Present were: Jerilyn B. Woodhouse, Chair Kenneth L. Edwards, Member Martin H. Sidor, Member George D. Solomon, Member Mark Terry, Principal Planner Bruno Semon, Sr. Site Plan Reviewer Anthony Trezza, Senior Planner Amy Thiel, Senior Planner Carol Kalin, Secretary fYn fEB lh~8.u ~(.{.~ Sorli.dd T..'Vill Clclk SETTING OF THE NEXT PLANNING BOARD MEETING Chairperson Woodhouse: Good evening, and welcome to the August 13th meeting of the Southold Town Planning Board. For our first order of business, I will entertain a motion to set Monday, September 10th, 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. Georqe Solomon: Second. Chairperson Woodhouse: Thank you. Tonight we have a number of public hearings. There will be opportunities for the public to address the Board. If you'd like to speak, please step to either of the two microphones, state your name before you begin speaking and please write it on the piece of paper so that we can have your name accurately in our records. Can everybody hear? ***************************************************** Southold Town Planning Board Page Two August 13, 2007 PUBLIC HEARINGS Hearings Held Over From Previous Meetings: 6:00 p.m. - 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#1 000-38-7-9 Chairperson Woodhouse: Is there someone who would like to speak on behalf of this application? Michael Kontokosta: I am a principal of KACE Development LLC, the entity sponsoring the subdivision. As this is the final public hearing; I am hear simply to address any concerns that may arise and let everybody know that I am here for that purpose. Chairperson Woodhouse: Thank you. Is there anyone else who would like to address the Board? Linda Goldsmith: I am not sure if I should be asking a question at this point. I did have a concern regarding the subdivision. Should I ask the gentleman or should I ask the Board? Chairperson Woodhouse: You can state it and Mr. Kontokosta can answer it. Linda Goldsmith: It is a very well-planned subdivision; I think it looks nice. I have no objection to houses being there. I am just wondering if the buffer behind the four homes on the west side (it abuts property owned by Summit Estates Association) will be left in place: the trees and things like that. Michael Kontokosta: My understanding is that the property to the west is actually the open space component of Summit Estates. You could confirm that for me, Anthony, I don't know. Anthonv Trezza: I think there's even a road that leads to the... Linda Goldsmith: Yes, but on the, there's the road then a green belt area and then there's another road, which is a private road, on the public part, well not public, but on the part of that road that leads to the open space component on the east side of the road, there are trees and bushes and buffers which are on the property in question and I'm wondering if they're going to be left in place to provide a natural buffer between the houses and that way to get down towards the beach. Southold Town Plannina Board Paae Three Auaust 13. 2007 Anthonv Trezza: What I can tell you is that the property, the four lots, are going to be subject to clearing restrictions, and I forgot what the percentage is. They will be limited on the clearing they can actually do on the property. I don't believe that on the rear of the property, which is what we are talking about here, that there was necessarily a buffer established. I think in this particular case what we were dealing with was just the clearing restrictions on the property. Linda Goldsmith: I had a second question. The open space back there which is a picnic area and some docks which are maintained by Summit Estate Association, they are the property of Summit Estates, is that correct? That is not for public use. Anthonv Trezza: Correct. Linda Goldsmith: Thank you. That was my question, and I will talk to you when this is over, if you have a moment I will speak with you. 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. Ken Edwards: So moved. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Ken, would you please read the resolution? Ken Edwards: I would like to offer the following resolution: 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 Southold Town Planninq Board Paqe Four Auqust 13. 2007 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; and WHEREAS, the Phase I Archaeological Survey identifies what appears to be a pet burial and recommends the County Coroner/Forensic Office, the Town of Southold and the New York State Historic Preservation Office be contacted in the event human remains are encountered during the course of construction; be it therefore RESOLVED, that the Southold Town Planning Board hereby requires that the County Coroner/Forensic Office, the Town of Southold Planning Board and the New York State Historic Preservation Office be notified in the event human remains are encountered during the course of construction; Georqe Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. Ken Edwards: and be it further RESOLVED, that the South old Town Planning Board hereby grants Conditional Final Plat Approval on the map prepared by John T. Metzger, L.S., dated May 21,2005 and last revised February 14, 2007, subject to the following conditions: 1. Submission of a copy of the recorded Declaration of Covenants and Restrictions. 2. Submission of the Park and Playground Fee in the amount of $21 ,000. Georqe Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. Southold Town Planning Board Page Five August 13,2007 Chairperson Woodhouse: That motion carries. For those of you who are questioning that resolution, which is a little bit unusual, we don't usually have one that requires notification of the Coroner, but the Phase I Archaeological Study identified what appeared to be some pet bones. 6:05 p.m. - Ore!:!on Landin!:! I - This proposal is to amend the filed Declaration of Covenants & 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. The property is located nlo Oregon Road, 625' wlo Bridge Lane, Cutchogue, in the A-C and R-80 Zoning Districts. SCTM#1000-83-2-9.1 Chairperson Woodhouse: Is there anyone who would like to address the Board on this application? Pat Moore: Good evening. I am here on behalf of Mr. Hume, who is the owner of one of the lots, Muse & Hume, who is the owner of another lot, and Mr. Guido is here on behalf of that Manzi Trust. All four of the property owners in this Conservation Subdivision would ask the Board to relocate the access so it falls between parcels and protects the development of the property. If anybody has any questions, we will be happy to answer them. Chairperson Woodhouse: Thank you. 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. Georqe Solomon: So moved. Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes. Martin Sidor: 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; and WHEREAS, this proposal is also to amend the filed Cross Easement that was recorded on June 13,2005 (Liber 12392, Page 123) in connection with the Conservation Subdivision of Oregon Landing I; the proposed amendment will allow a common beach access over Lot 2; and Southold Town Planning Board Page Six August 13, 2007 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; and WHEREAS, on July 9, 2007 the Southold Town Planning Board, acting under the State Environmental Quality Review Act (6 NYCRR), Part 617.5 c (3), made a determination that the proposed action is a Type II and not subject to review; and WHEREAS, on August 2,2007, the applicant submitted copies of the draft amended Declaration of Covenants and Restrictions and Cross Easement, which were forwarded to the Planning Board and the Town Attorney for review; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants Conditional Final Approval to the amended Declaration of Covenants and Restrictions and Cross Easement, subject to the following conditions: 1. Submission of the Amended Declaration of Covenants and Restrictions and Cross Easement containing all of the revisions as required by the Planning Board and the Town Attorney. Upon approval, the documents must be filed in the Office of the County Clerk and copies of same submitted to this office. 2. Submission of the revised subdivision map showing the new location of the common beach access. Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. ********************************************************* 6:10 p.m. - 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 Zone(s) located on the nlslo NYS Route 25, 1,121' elo Sound Road, in Greenport. SCTM#1000-35-1-25 Southold Town Planning Board Page Seven August 13, 2007 Chairperson Woodhouse: I see we have someone who would like to address the Board. Bruce Anderson: Good evening. I'm Suffolk Environmental Consultant for the applicant. It is, as you say, a 1,650 square foot addition; it's an addition to a cafe and includes a terrace area. We provided you with a land-based parking area that would provide for 17 spaces although the cafe expansion as proposed here involves no increase in occupancy. It was something offered to you to bring it into compliance. We also provided you with a landscape plan; you see it will be suitably landscaped, as is the existing community. And so, it should work very nicely with what's there. It's really a separate shed-type addition, it will fit right in with the building. We provide you with the appropriate drainage so it will comply with your Town's drainage law, which is to control run-off and so forth. That's already integrated into the plans. The plans are posted in the back, and you'll see the site plan and building additions done by McGraw Architects, and you will find the landscape plan that we did. The addition is just simply a cafe extension just to make for a nicer experience for the residents there, also including a studio, two offices which are badly needed. There would also be a tasting room built within the existing shell of the building. The whole idea of doing this is, the folks of Peconic Landing used to always strive to make it a little bit nicer for the residents. They are always going to be looking to do things to upgrade it, and that's why Peconic Landing has really become the industry's standard for this type of development. With me today is the Executive Director, Bob Siren, and I understand there are a number of residents who are also here. If you have any questions, I am certainly here to answer them. Chairperson Woodhouse: Thank you. Is there anyone else who would like to address the Board on this application? Hearing none, I will entertain a motion to close this hearing. Ken Edwards: So moved. Georae Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. Georae Solomon: 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 South old Town Planning Board Page Eight August 13, 2007 WHEREAS, Peconic Landing is the owner of the property located on the n/s/o NYS Route 25, 1,121' e/o Sound Road, in Greenport; and WHEREAS, on December 5,2000, the Southold Town Planning Board approved a site plan with 118 single-family detached cottages and 132 apartments units, a 24-unit assisted living center and a 32-bed skilled facility with supporting amenities along with other site improvements and authorized the Chairperson to sign the map on December 4,2000; and WHEREAS, on August 11, 2003, the South old Town Planning Board approved an amended site plan for a new 25-car parking lot near the Community Center; 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; and WHEREAS, on May 21,2007, the Southold Town Planning Board held a Work Session and accepted the application and requested additional information to be submitted from the agent, Suffolk Environmental Consulting, Inc.; and WHEREAS, on May 24,2007, the Architectural Review Committee reviewed the associated site plan materials and approved the plans for expansion as submitted and the Southold Town Planning Board accepted these comments for approval; and WHEREAS, on June 1, 2007, the New York State Department of Environmental Conservation responded after review that, if the proposed project is located within 300' of the tidal wetlands boundary, a Tidal Wetlands Permit is required and the South old Town Planning Board accepts this as a condition of approval; and WHEREAS, on June 13, 2007, the Southold Town Building Department issued a Notice of Disapproval indicating that the proposed construction requires site plan approval from the Southold Town Planning Board; and WHEREAS, on June 25,2007, the Southold Town Building Inspector reviewed and certified the site plan with "the proposed use is permitted in this HD District" and the Southold Town Planning Board accepts this for approval; and WHEREAS, on July 6, 2007, the Suffolk County Department of Planning responded, after review, and determined that 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 239 L & M General Municipal Law and the Southold Town Planning Board accepts this for approval; and Southold Town Planning Board Page Nine August 13, 2007 WHEREAS, on July 10, 2007, William J. Lohn of Suffolk Environmental Consulting, Inc., submitted information by letter that the Suffolk County Department of Health Services has assigned Reference Number C-1 0-07 -006 for the approval of the proposed construction and the Southold Town Planning Board accepts this for conditional approval; and WHEREAS, on July 10, 2007, the Southold Town Planning Board, acting under the State Environmental Quality Review Act (6 NYCRR), Part 617.5 c (7), made a determination that the proposed action was a Type II and not subject to review; and WHEREAS, on July 10, 2007, the Southold Town Planning Board set the final public hearing for August 13, 2007 at 6:10 p.m.; and WHEREAS, on July 24, 2007, the Greenport Fire Department responded, after review of the site plan, with approval of the proposed construction "assuming that all corresponding Local and State Fire Code Requirements have been met and/or exceeded" and the Southold Town Planning Board accepts this response for conditional approval; and WHEREAS, on July 25,2007, the Southold Town Engineer reviewed the site plan material and responded with the following recommendations: . "The proposed addition is approximately 1,580 sq. ft. in area. Drainage calculations have been provided and are considered satisfactory. . This project also required the re-Iocation of an existing septic tank. This item should be reviewed & approved and/or coordinated by the Building Department. . At this time, this proposed addition appears to meet the requirements of Town Code" and the Planning Board agreed with these recommendations; and WHEREAS, on July 30, 2007, Mark Terry, the LWRP Coordinator, issued recommendations in a letter, after review of the site plan materials, that the proposed action "is CONSISTENT with the Policy Standards and, therefore, is CONSISTENT with the LWRP" and the South old Town Planning Board accepts this recommendation for approval; 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 Southold Town Planning Board Page Ten August 13, 2007 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; therefore, be it RESOLVED, that the Southold Town Planning Board has reviewed the proposed action under the policies of the Town of Southold Local Waterfront Revitalization Program and has determined that the action is consistent with the Policy Standards as noted in the July 30, 2007 report prepared by the LWRP Coordinator; Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes. Georae Solomon: and be it further RESOLVED, that pursuant to South old 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. Chairperson Woodhouse: All in favor? Ayes. Georae Solomon: and be it further RESOLVED, that the Southold Town Planning Board grant approval on the site plan set S1-S2 with the architectural plan set A1-A2 prepared by Ashley McGraw Architect Services, P.C., and certified by Dominic LaPierre, Architect, dated May 11, 2007, and the Re-vegetation Plan prepared by Suffolk Environmental Consulting Services, dated May 4,2007, and authorize the Chairperson to endorse the site plan with the following conditions: Southold Town Planning Board Page Eleven August 13, 2007 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 South old 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. If necessary, the owner, agent and/or applicant shall receive approval from the New York State Department of Environmental Conservation if the proposed project is located within 300' of the tidal wetlands boundary 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 NYS DEC approval 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. 3. If necessary, the applicant/agent/owner must obtain a Phase II State Pollutant Discharge Elimination System (SPDES) Permit from the New York State Department of Environmental Conservation (NYS DEC) for the approved construction. A copy of the NYS DEC SPDES Permit must be submitted to the Southold Town Planning Department within thirty (30) days of receipt. 4. The owner, agent and/or applicant agrees to build out the site and install all handicap parking stalls, access aisles and signage in compliance with New York State Code and ADA requirements. 5. The owner, agent and/or applicant understands and agrees that the Southold Town Building Department will review the approved proposed build out under a building permit application and that all construction must meet or exceed the required codes and this site plan approval is subject to change to conform to any requirement of Local & State Regulations as applied during the building permit review. 6. 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. 7. 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 site plan. Southold Town Planning Board Page Twelve August 13,2007 8. 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. 9. Upon inspection, 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. 10. 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. 11. 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. 12. The owner, agent and/or applicant must provide and ensure all necessary safety precautions are implemented before, during and upon completion of any construction at the site for anyone on the site as may be required by all authorities having jurisdiction. Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: And that carries. Thank you. I am going to read a letter into the minutes. This is the letter addressed actually to Anthony Trezza, and this is on the Cleaves Point project: "Dear Mr. Trezza: I would like to use this opportunity to express my utmost concern and opposition to the proposed subdivision for the following reasons: 1. Deforestation: a subdivision and potential development of this wooded site threatens further deforestation of East Marion. The deforestation process represents soil erosion and causes the loss of wind natural barrier. We are facing a serious and critical deforestation problem. There are serious problems for any community, especially for coastal communities such as East Marion. Under these conditions, East Marion will turn into a land of clustered homes and some sporadic trees just here and there. 2. Wildlife. Deforestation and limited available spaces due to further subdivisions and subsequent development will deny a habitat for the indigenous wildlife: for example, foxes, deer and raccoons. Denying a natural habitat not only is endangering the wild animals but drivers alike; and our Southold Town Planning Board Page Thirteen August 13, 2007 roadways are shamefully decorated by carcasses of auto-killed animals. Besides the fact that the natural balance is completely destructed in our area already. 3. Lack of Drover research and lack of documentation. The applicant does not offer any comprehensive study that could fully explain the impact on the natural environment and quality of life for all residents. There is no published documentation that would justify this proposal of the subdivision of this site. 4. Orinkina water. Water pressure availability is challenged in this area, and there are no provisions made so far to remedy this problem. On the contrary to the concerns, more demands are put on the water system with the subdivision proposal. 5. Increase of demands on services. There are no provisions made to consider the impact on services such as garbage disposal facility, road maintenance, emergency services nor school system. 6. Traffic. There are no provisions and no plans made as of now that would address the issue of increased traffic on Shipyard Lane and Routes 48 and 25. The outcome of it is a prospect of more traffic lights and of traffic gridlock due to the traffic to and fro, the Long Island Sound Ferry, and additional traffic coming in from Shipyard Lane. This increase of traffic bottlenecked in East Marion will create a backup traffic that will affect travel on Routes 48 and 25 from Southold to Orient. 7. Lack of traffic safetv features. Shipyard Lane is a narrow street, and the already increased traffic is putting additional requirements for the road safety. For example: there is need for "No Parking" street signs to prevent the narrow street from becoming even narrower because of parked automobiles. Speed bumps can even further improve safety as a deterrent for careless driving. Although needed, there are no considerations for these improvements so common for suburbia. And yet a subdivision and more construction proposals are heading for our community. 8. Prooosed and unresolved oroiects. The proposed huge Oki-Oo (Gaia Holistic) project has not been resolved, and the community of Shipyard Lane is already subjected to an additional proposal for a subdivision and potential construction development. Before any such things can be undertaken, it is absolutely essential to plan beforehand the actual impact on the wildlife and the quality of life in our community. Southold Town Planning Board Page Fourteen August 13, 2007 9. Loss of aualitv of life. Although there are no provisions or considerations made to preserve spaces and tree-natural environments, Shipyard Lane, like the rest of East Marion, is becoming a community of clustered homes, heavy traffic and subject to noise pollution, while more subdivisions and construction demands are placed on the residents' shoulders. 10. CONCLUSION: Since there are no such considerations undertaken, then one can conclude that a superficially filled-out application is acceptable for this straightforward approval. Let it be on the record that I am opposing to any subdivision of Lot #1000-38-7-9 for the reasons stated above. Vel}' truly, John Kent" **************************************** 6:15 p.m. - Peconic Landina/Brecknock Hall - This amended site plan is for the proposed renovation of an existing two-story building where 1,565 sq. ft. is public space, 1,400 sq. ft. is office space, plus misc. space and one (1) two-bedroom apartment on the second floor on a 136.6 acre parcel known as Peconic Landing in the R-80 Zone located on the nlslo NYS Route 25, 1,121' elo Sound Road, in Greenport. SCTM#1000-35-1-25 Chairperson Woodhouse: Is there anyone who would like to address the Board on this application? Alice Hussev: I am President of the Brecknock Hall Foundation. I am very pleased we have gotten this far; it's been a two-year journey since the Town Board allowed us to even consider renovating Brecknock Hall to be available to the public. Now that we are here, you have already mentioned what we are going to do with the public space and the office space and one apartment. I thank you very much for your consideration and I hope that your decision is favorable to us. Thank you. Chairperson Woodhouse: You would want to note that we do have one letter received from your adjoining neighbor. He didn't ask that it be read into the record, but he did ask that you consider the fact that any traffic lights or headlights don't shine into his home, and that the landscaping, he feels, should be sufficient to buffer that. But there is a copy of the letter. South old Town Planning Board Page Fifteen August 13,2007 Alice Hussev: Right. I was handed this just a little minute ago. Yes, the neighbor should be assured that all of the parking is going to be hundreds of feet away from his house. It's directly behind the Brecknock Hall building. Also, if any extra parking has to happen, it's going to be across the road; so there's no opportunity for headlights or noise or anything to disturb him. Chairperson Woodhouse: Thank you. Is there anyone else who would like to address this Board on this application? Hearing none, I will entertain a motion to close this hearing. Ken Edwards: So moved. Chairperson Woodhouse: All in favor? Ayes. Ken Edwards: I will offer the following resolution: WHEREAS, this amended site plan is for the proposed renovation of an existing two-story building where 1,565 sq. ft. is public space, 1,400 sq. ft. is office space, plus misc. space and one (1) two-bedroom apartment on the second floor on a 136.6 acre parcel known as Peconic Landing in the R-80 zone located on the n/s/o NYS Route 25, 1,121' e/o Sound Road, in Greenport. SCTM #1000-35-1-25; and WHEREAS, Peconic Landing is the owner of the property located on the n/s/o NYS Route 25,1,121' e/o Sound Road, in Greenport; and WHEREAS, on December 5, 2000, the Southold Town Planning Board approved a site plan with 118 single-family detached cottages and 132 apartments units, a 24-unit assisted living center and a 32-bed skilled facility with supporting amenities along with other site improvements and authorized the Chairperson to sign the map on December 4,2000; and WHEREAS, on August 11, 2003, the Southold Town Planning Board approved an amended site plan for a new 25 car parking lot near the Community Center; and WHEREAS, on March 6, 2006, the Southold Town Building Department issued a notice of disapproval indicating that the proposed construction requires Special Exception approval and site plan approval from the Southold Town Planning Board; and WHEREAS, on September 21,2006, the agent, Alice J. Hussie, working for the applicant, Peconic Landing, submitted an amended site plan application for approval; and Southold Town Planning Board Page Sixteen August 13, 2007 WHEREAS, on October 2, 2006, the Southold Town Planning Board held a Work Session and accepted the application and requested application revisions from the agent, Alice J. Hussie; and WHEREAS, on October 5, 2006, the Southold Town Zoning Board of Appeals reviewed an application in compliance with Town Code Section 280-22 B (4) for Special Exception and granted approval under Appeal Number 5949 with conditions and the South old Town Planning Board accepts this for conditional approval; and WHEREAS, on October 5, 2006, the Architectural Review Committee reviewed the associated site plan materials and requested additional information before approving and the Southold Town Planning Board accepted these comments for consideration; and WHEREAS, on October 10, 2006, the Planning Department Staff notified the agent, Alice J. Hussie, by letter that additional application materials are required to process the application; and WHEREAS, on October 23, 2006, the New York State Department of Transportation responded with comments after receipt of the site plan materials that "a Highway Work Permit will not be required" "as long as all work is progressed outside the State Highway ROWand the State Highway ROW is not used to perform any work" and the Southold Town Planning Board accepts this for conditional approval; and WHEREAS, on October 23,2006, Mark Terry, the LWRP Coordinator, issued recommendations in a letter, after review of the site plan materials, that the proposed action "is generally CONSISTENT with the Policy Standards and, therefore, is CONSISTENT with the LWRP provided the following Best Management Practices are required to further the policies of the LWRP" as follows: POLICY STANDARDS Policv 2: Preserve historic resources of the Town of Southold. 2.1 Maximize preservation and retention of historic resources. B. Provide for compatible use or reuse of the historic resource, while limiting and minimizing inappropriate alterations to the resource. The proposed public/office space and residential apartment are compatible re-uses of the structure provided that the historic character of the parcel is preserved bv minimizinq the size and number of parkinq areas and the existinq veqetation is retained in the desiqn of the proposed improvements. Policv 3: Enhance visual quality and protect scenic resources throughout the Town of Southold. E. Preserve existing vegetation and establish new indigenous vegetation to enhance scenic quality: Southold Town Planning Board Page Seventeen August 13, 2007 1. Preserve existing vegetation which contributes to the scenic quality of the landscape. 2. Allow for selective clearing of vegetation to provide public views without impairing values associated with the affected vegetation. 3. Restore historic or important designed landscapes to preserve intended or designed aesthetic values. 4. Restore or add indigenous vegetative cover that presents a natural appearance. To further this policv it is recommended that all trees Qreater than 6" in diameter measured 3' above the trunk be retained on-site. All improvements includinq parkinq areas should be desiqned to incorporate or avoid trees that meet this criterion. Policv 5: Protect and improve water quality and supply in the Town of Southold. 5.5 Protect and conserve the quality and quantity of potable water. To further this policy and protect ground water quality it is recommended that the Planning Board require the following Best Management Practice for the newly constructed parking areas: 1. Minimize parkinq surface areas to the qreatest extent practical. 2. Require all new parkinq areas be constructed with pervious materials (stone) and/or qrass pavers "and the Southold Town Planning Board accepts the recommendations for consideration; and WHEREAS, on October 20, 2006, the Suffolk County Department of Planning responded, after review, and determined that 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 239 L & M General Municipal Law and the Southold Town Planning Board accepts this for approval; and WHEREAS, on January 4,2007, Donald W Smith, P.E., for the applicant, submitted a revised site plan and information by letter for review and the South old Town Planning Board accepts this information for consideration; and WHEREAS, on January 5,2007, the Architectural Review Committee re-visited the new associated site plan materials and requested additional items be incorporated into the site plan and the Southold Town Planning Board accepted these comments for consideration; and WHEREAS, on February 1, 2007, the Southold Town Engineer reviewed the site plan materials and responded with comments and the Southold Town Planning Board accepts the comments for approval and will require that the site plan be revised with respect to the comments; and Southold Town Planning Board Page Eighteen August 13, 2007 WHEREAS, on February 6,2007, the Southold Town Building Inspector reviewed and certified the site plan with "apartment, offices and public meeting space are permitted uses by Special Exception in the R-80 District" and the Southold Town Planning Board accepts this for approval; and WHEREAS, on February 13, 2007, the Southold Town Planning Board, acting under the State Environmental Quality Review Act (6 NYCRR), Part 617.5 c (2), made a determination that the proposed action was a Type II and not subject to review; and WHEREAS, on February 13, 2007, the Planning Department Staff notified the agent, Alice J. Hussie, by letter that additional application materials are required to process the application; and WHEREAS, on June 11, 2007, Donald W Smith, P.E., for the applicant, submitted a revised site plan and information by letter for review and the Southold Town Planning Board accepts this information for consideration; and WHEREAS, on June 13, 2007, Donald W Smith, P.E., for the applicant, submitted a revised plan and architectural plans of the handicap ramp for review and the Southold Town Planning Board accepts this information for consideration; and WHEREAS, on June 21,2007, the Architectural Review Committee re-visited the new site plan materials, architectural plan of the handicap ramp and tabled the application with a request for items and changes to the submission and the Southold Town Planning Board accepted these comments for consideration; and WHEREAS, on July 23,2007, Donald W Smith, P.E., for the applicant, submitted a letter indicating the following: . "Ramp railing revised from horizontal rails to a simple porch railing with small square spindles at about 9" spacing. A 3' hedge of Hicks Yew is planned parallel to the ramp. . Period lighting fixtures are in place on the front and rear porches. · Parking area lighting will be provided by the same fixtures serving the facility at Peconic Landing. · Yew hedge will be used to screen the air conditioning units and electrical transformers at the rear of the hall and the South old Town Planning Board accepts the changes as submitted for approval"; and WHEREAS, on July 24,2007, the Southold Town Planning Board set the final public hearing for August 13, 2007 at 6:15 p.m.; and Southold Town Planning Board Page Nineteen August 13, 2007 WHEREAS, on July 24,2007, the Greenport Fire Department responded, after review of the site plan, with approval of the proposed construction "assuming that all corresponding Local and State Fire Code Requirements have been met and/or exceeded" and the Southold Town Planning Board accepts this response for conditional approval; and WHEREAS, on July 25,2007, the Southold Town Engineer reviewed the sketch site plan prepared by the office of Donald W. Smith, PE, and dated May 15, 2007, and responded with the following comments: · "This Site Plan has been revised to satisfactorily address all of the items listed in my last report. At this time, this proposed site plan amendments meet the minimum requirements of Town Code" and the Southold Town Planning Board accepts the comments for approval; 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. The owner, agent and/or applicant shall comply with all requirements noted in the Declaration of Covenants and Restrictions "made and dated the 6th day of October, 2000 by Peconic Landing at Southold, Inc. 2. 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. 3. All signs shall meet Southold Town Zoning Codes and shall be subject to approval of the Southold Town Building Inspector. 4. 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 has reviewed the proposed action under the policies of the Town of Southold Local Waterfront Revitalization Program and has determined that the action is furthermore consistent with the Policy Standards as noted in the October 23, 2006 report prepared by the LWRP Coordinator; Georqe Solomon: Second. Southold Town Planning Board Page Twenty August 13, 2007 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; Georqe Solomon: Second. 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 "A", dated December 27,2004 and last revised September 20,2006, & site plan "B", dated December 20,2006 and last revised May 15,2007; both site plans were prepared by Donald W. Smith, P.E., with the architectural plan set that includes A-1, A-4 & A-5, prepared and certified by Martha V. Smith, Architect, dated May 16, 2006 and last revised March 20, 2007, and authorize the Chairperson to endorse the site plan 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 owner, agent and/or applicant shall meet all requirements of the Southold Town Zoning Board of Appeals approval granted under Appeal Number 5949. If applicant/agent/owner fails to adhere to this requirement, this approval shall become null and void. 3. The owner, agent and/or applicant shall agree to apply to the New York State Department of Transportation agency for approval if any work is progressed within the State Highway ROW or the State Highway ROW is utilized as may be required by this agency. If applicant/agent/owner fails to adhere to this requirement, this approval shall become null and void. Southold Town Planning Board Page Twenty-One August 13,2007 4. If necessary, the applicant/agent/owner must obtain a Phase II State Pollutant Discharge Elimination System (SPDES) Permit from the New York State Department of Environmental Conservation (NYSDEC) for the approved construction. A copy of the NYSDEC SPDES Permit must be submitted to the Southold Town Planning Department within thirty (30) days of receipt. 5. The owner, agent and/or applicant agrees to build out the site and install all handicap parking stalls, access aisles and signage in compliance with New York State Code and ADA requirements. 6. The owner, agent and/or applicant understands and agrees that the Southold Town Building Department will review the approved proposed build out under a building permit application and that all construction must meet or exceed the required codes and this site plan approval is subject to change to conform to any requirement of Local & State Regulations as applied during the building permit review. 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 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. Upon inspection, 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. 13. The owner, agent and/or applicant must provide and ensure all necessary safety precautions are implemented before, during and upon completion of any construction at the site for anyone on the site as may be required by all authorities having jurisdiction. Southold Town Planning Board Page Twenty-Two August 13, 2007 Georqe Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Thank you. ********************************************* Hearings Held Over From Previous Meetings: Charnews. Daniel & Stephanie - This proposal is for a 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' south of CR 48, in Southold. SCTM#1000-63-1-25 Martin Sidor: BE IT RESOLVED, that the Southold Town Planning Board hereby holds open the public hearing for the Charnews Subdivision. Georae Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Thank you. ********************************************* CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE- SUBDIVISIONS (Lot Line Changes) Setting of Preliminary Hearings: Wexler. Allen & Ellen - This proposal for a standard subdivision 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 ft. wlo Paradise Point Road, in Southold. SCTM#1000-79-8- 18.1 Southold Town Planning Board Page Twenty-Three August 13, 2007 Georqe 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 February 12, 2007, the Southold Town Planning Board granted sketch approval upon the map prepared by Joseph A. Ingegno, L.S., dated September 12, 2001 and last revised on September 11, 2006; and WHEREAS, on March 12,2007, the South old Town Planning Board issued a Negative Declaration pursuant to SEQRA; and WHEREAS, on March 22, 2007, the applicant submitted copies of the draft Declaration of Covenants and Restrictions for review by the Town Attorney and Planning Board; and WHEREAS, on March 30, 2007 an application and fee for preliminary plat approval was submitted, including the preliminary plat prepared by Joseph A. Ingegno, L.S., dated September 12, 2001 and last revised on March 6, 2007; be it therefore RESOLVED, that the Southold Town Planning Board set Monday, September 10, 2007 at 6:00 p.m. for a preliminary public hearing on the preliminary plat prepared by Joseph A. Ingegno, L.S., dated September 12, 2001 and last revised on March 6, 2007. Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: That motion carries. ********************************************* Conditional Sketch Determinations: Onufrak, Peter - This proposal is for a standard subdivision of a 7.0415-acre parcel into two lots where Lot 1 equals 1.3366 acres and Lot 2 equals 5.7049 acres, inclusive of a 1.3365-acre building envelope and 4.3684 acres of subdivision Open Space that will be permanently preserved by a Conservation Easement. The property is located on the nle corner of CR 48 and Mary's Road in Mattituck. SCTM#1000-114-5-1 Southold Town Planning Board Page Twenty-Four August 13, 2007 WHEREAS, this proposal is for a standard subdivision of a 7.0415-acre parcel into two lots where Lot 1 equals 1.3366 acres and Lot 2 equals 5.7049 acres, inclusive of a 1.3365-acre building envelope and 4.3684 acres of subdivision Open Space that will be permanently preserved by a Conservation Easement; and WHEREAS, an application for sketch approval was submitted on November 9, 2006, including the sketch plan prepared by John T. Metzger, L.S., dated November 2, 2006; and WHEREAS, on January 25, 2007, at the request of the Southold Town Trustees, Planning Staff requested that the NYS DEC flag the wetlands located on and adjacent to the subject property; and WHEREAS, on May 21,2007, the freshwater wetlands were delineated by Robert Marsh of the NYS DEC; and WHEREAS, on July 3,2007, the applicant submitted a revised sketch plan prepared by John T. Metzger, L.S., dated last revised May 21,2007, which shows the extent of wetlands as delineated by the NYS DEC; and WHEREAS, on July 3,2007, Planning Staff referred the revised map to the Town Trustees for a verification of the wetlands line; and WHEREAS, on July 18, 2007, the Planning Board received correspondence from the Town Trustees indicating that the revised survey accurately reflects the wetlands boundaries as delineated by the NYS DEC; and WHEREAS, on August 2,2007, the applicant submitted a revised sketch plan prepared by John T. Metzger, L.S., dated June 29, 2006 and last revised on August 1, 2007, showing compliance with the cluster subdivision requirements pursuant to Article XI Cluster Development, of the Southold Town Code; be it therefore RESOLVED, that the Southold Town Planning Board start the SEQRA lead agency coordination process for this Unlisted Action; Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes. Southold Town Planning Board Page Twenty-Five August 13, 2007 Chairperson Woodhouse: and be it further RESOLVED, that the Southold Town Planning Board hereby grant Conditional Sketch Approval upon the map prepared by John T. Metzger, L.S., dated June 29, 2006 and last revised on August 1, 2007, 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 Peter and Gloria Onufrak." b. Lot 2 must be shown to be attached to the Open Space parcel. Revise calculations accordingly. c. Show the 100' setback from all wetlands. d. Label the area between the edge of wetlands and the 100' setback as a "non- disturbance buffer." e. Show building envelopes for each lot. f. 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. 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 South old 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 run-off 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 stormwater run-off 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 appropriate section of the Town Code. g. No clearing, grading or ground disturbance shall be permitted within 100' of the freshwater wetlands. Southold Town Planning Board Page Twenty-Six August 13, 2007 h. No stormwater run-off resulting from the development and improvement of any of the lots shown on the approved map shall be discharged into the wetlands in any manner. i. All utilities serving the lots shall be located underground. 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. 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 Coordination: Jacobv Familv Limited Partnership - This proposal is for a conservation subdivision of a 10.454-acre parcel into two lots where Lot 1 equals 45,004 sq. ft., and is currently improved with a single-family residence, and Lot 2 equals 407,985 sq. ft., inclusive of a 45,238 sq. ft. residential development area and 362,747 sq. ft. of land to be preserved through a Deed of Development Rights Sale to the County of Suffolk. The property is located at the terminus of Kirkup Lane, south of Sound Avenue, in Mattituck. SCTM#1000-125-1-5.1 Ken Edwards: WHEREAS, this proposal is for a Conservation Subdivision of a 10.454- acre parcel into two lots where Lot 1 equals 45,004 sq. ft. and is currently improved with a single-family residence, and Lot 2 equals 407,985 sq. ft., inclusive of a 45,238 sq. ft. residential development area and 362,747 sq. ft. of land to be preserved through a Deed of Development Rights Sale to the County of Suffolk; and Southold Town Planning Board Page Twenty-Seven August 13, 2007 WHEREAS, an application for sketch approval was submitted on July 20,2007, including the sketch plan prepared by Nathan Taft Corwin III, L.S., dated September May 2,2007; and WHEREAS, the Southold Town Planning Board reviewed this application at their Work Session on July 30, 2007; be it therefore RESOLVED, that the Southold Town Planning Board start the SEQRA lead agency coordination process for this Unlisted Action. Georqe Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. *********************************************** Adipietro, Robert - This proposed standard subdivision is to subdivide a 2.038-acre parcel into three lots, where Lot 1 equals 20,229 sq. ft., Lot 2 equals 29,817 sq. ft. and Lot 3 equals 29,291 sq. ft., in the HB Zoning District. The property is located on the e/s/o Peconic Lane, approximately 333 ft. s/o County Road 48, in Peconic. SCTM#1 000-74-3-16 Martin Sidor: WHEREAS, this proposed standard subdivision is to subdivide a 2.038- acre parcel into three lots, where Lot 1 equals 20,229 sq. ft., Lot 2 equals 29,817 sq. ft. and Lot 3 equals 29,291 sq. ft., in the HB Zoning District.; and WHEREAS, an application for sketch approval was submitted on February 28,2007, including the sketch plan prepared by John T. Metzger, L.S., dated June 24, 2005 and last revised on April 16, 2007; and WHEREAS, on August 13, 2007, the Southold Town Planning Board started the SEQRA lead agency coordination process for this Unlisted Action; and WHEREAS, on September 10, 2007 the Southold Town Planning Board granted conditional sketch approval upon the map prepared by John T. Metzger, L.S., dated June 24, 2005 and last revised on May 8, 2007; be it therefore RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, establishes itself as lead agency for the unlisted action and, as lead agency, grants a Negative Declaration for the proposed action. Southold Town Planning Board Page Twenty-Eight August 13, 2007 Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. *********************************************** Briarcliff Sod, Inc. - This proposal is for a conservation subdivision of a 24.97-acre parcel into three lots where Lot 1 equals 1.71 acres, Lot 2 equals 1.71 acres and Lot 3 equals 21.55 acres upon which the Development Rights to 21.22 acres have been sold to the County of Suffolk. The property is located on sIsto NYS Route 25 and the north side of Leslie's Road, approximately 1,500 feet e/o Bay Avenue, in Peconic. SCTM#1000-85-3-12.1, 12.2 & 97-10-1 Georqe Solomon: WHEREAS, this proposal is for a conservation subdivision of a 24.97-acre parcel into three lots where Lot 1 equals 1.71 acres, Lot 2 equals 1.71 acres and Lot 3 equals 21.55 acres upon which the Development Rights to 21.22 acres have been sold to the County of Suffolk.; and WHEREAS, an application for sketch approval was submitted on June 21,2007, including the sketch plan prepared John C. Ehlers, L.S., dated May 23,1997 and last revised on April 16, 2007; and WHEREAS, the Southold Town Planning Board reviewed a concept plan for this parcel at their Work Session on May 7, 2007; be it therefore RESOLVED, that the Southold Town Planning Board start the SEQRA lead agency coordination process for this Unlisted Action. Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: That motion carries. *********************************************** Southold Town Planning Board Page Twenty-Nine August 13, 2007 SITE PLANS Final Determinations: Guild Greenhouses - This site plan is for a new 34,992 sq. ft. greenhouse and a new 2,376 sq. ft. greenhouse addition connecting the new greenhouse to an existing greenhouse of 34,992 sq. ft. all on a 6.0002-acre parcel in the A-C Zone located 2,646' e/o Mill Road on the n/s/o County Road 48 in Peconic. SCTM#1000-68-4-19 Chairperson Woodhouse: WHEREAS, this site plan is for a new 34,992 sq. ft. greenhouse and a new 2,376 sq. ft. greenhouse addition connecting the new greenhouse to an existing greenhouse of 34,992 sq. ft. all on a 6.0002-acre parcel in the A-C Zone located 2,646' e/o Mill Road on the n/s/o County Road 48 in Peconic. SCTM#1 000-68-4-19; and WHEREAS, Jay W. Guild is the owner of the property located approximately 2,646' e/o Mill Road, on the n/s/o County Road 48, in Peconic; and WHEREAS, on August 30, 2005, the Building Department issued a Notice of Disapproval stating: "The proposed greenhouse will require approval from the Southold Town Planning Board"; and WHEREAS, on September 6,2005, the applicant/owner, Jay W. Guild, submitted a new formal site plan application for approval; and WHEREAS, on September 12, 2005, the Southold Town Planning Board held a Work Session and accepted the incomplete application; and WHEREAS, on November 28, 2005 and February 28, 2006, the Planning Department issued letters to the applicant stating that the site plan application is on hold pending the receipt of additional information and a revised site plan; and WHEREAS, on March 1, 2006, the Architectural Review Committee reviewed the associated site plan materials and approved the application and the Planning Board accepts this recommendation; and WHEREAS, on March 1, 2006, the Building Department issued an amended Notice of Disapproval indicating variances would be required from the Zoning Board of Appeals in addition to "approval from the Southold Town Planning Board"; and WHEREAS, on April 25, 2006, the Planning Board responded to the April 3, 2006 memo from the ZBA stating the application is still pending the receipt of revised plans; and Southold Town Planning Board Page Thirty August 13, 2007 WHEREAS, on May 8, 2006, the Planning Board issued an additional letter to the applicant stating that the application is still on hold pending the receipt of a revised site plan requiring the necessary site plan elements/information; and WHEREAS, on May 11,2006, the Southold Town Zoning Board of Appeals, under Appeal #5866, issued the following decision: GRANT the variances for the side yard setbacks, as applied for. DENY, the variances for the rear yard setback and lot coverage as applied for, and GRANT Alternative Relief for a maximum lot coverage of 30 percent, subject to the following: 1. That no additional structures on the subject parcel be built in the future that would cause this lot coverage to be exceeded; 2. That a maximum 75 ft. rear yard setback be maintained; 3. That the applicant follow current recommendations and technologies to minimize leaching of nutrients and pesticides from plant containers under the Suffolk County Agriculture Stewardship Program and Cornell Cooperative Extension's Best Management Practices; and WHEREAS, on May 12, 2006, Suffolk County Department of Public Works responded, after review, stating: "We have reviewed this development and find that improvements within the County right-of-way in the vicinity of this site are not required. Therefore, a permit from this Department is not necessary"; and WHEREAS, on May 24, 2006, the Planning Department issued a letter to the applicant stating that the application is still on hold pending the receipt of a revised site plan incorporating the requirements of the ZBA Decision (#5866) and necessary site plan elements/information; and WHEREAS, on August 28, 2006, the Planning Department issued another letter to the applicant requesting, in writing, a status of the site plan application and referencing the previously issued letters requesting information; and WHEREAS, on September 20, 2006, the applicant submitted a copy of a letter to the Town from the State of New York Department of Agriculture and Markets regarding ZBA Decision #5866; and WHEREAS, on December 14, 2006, the Southold Town Zoning Board of Appeals granted the "variances as applied for, as shown on the survey up-dated November 22, 2006 prepared by Joseph Ingegno, Surveyor, and that the applicant follow current recommendations and technologies to minimize leaching of nutrients and pesticides from plant containers under the Suffolk County Agriculture Stewardship Program and Southold Town Planning Board Page Thirty-One August 13, 2007 Cornell Cooperative Extension's Best Management Practices" under ZBA rehearing #5866; 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 (3), made a determination that the proposed action was a Type II and not subject to review; and WHEREAS, on March 7, 2007, Allan Connell of the Natural Resources Conservation Service responded after review with two (2) roof run-off management options to "collect and dispose of the run-off to prevent flooding and reduce or eliminate any potential impact on groundwater" and the Planning Board accepted these options and required the applicant to incorporate one of these options into the revised site plan in a letter to the applicant dated April 16, 2007; and WHEREAS, on April 20, 2007, the applicant submitted hand-drawn revised plans with an attached note detailing drainage and the Planning Board accepted this revised plan and referred it to the necessary agencies for comments; and WHEREAS, on May 2, 2007, the Southold Town Board of Trustees responded that the proposed construction is "out of the Wetland Jurisdiction under Chapter 275 of the Town Wetland Code and Chapter 111 of the Town Code. Therefore, in accordance with the current Wetlands Code (Chapter 275) and the Coastal Erosion Hazard Area (Chapter 111), no permit is required"; and WHEREAS, on May 14, 2007, the Suffolk County Department of Planning responded, after review, and determined this matter is for "local determination as there appears to be no significant county-wide or inter-community impact(s)" and the Planning Board accepts this pursuant to 239L & M General Municipal Law; and WHEREAS, on June 13, 2007, the Southold Town Engineer responded, after review, with four comments and the Planning Board accepted these comments and required that they be incorporated into the revised site plan, specifically, the following comments regarding drainage: · Proposed drainage designs have been taken from a report prepared by the U.S. Dept. of Agriculture Natural Resource Conservation Service. This report indicated two alternates for the collection and disposal of run-off generated by the proposed development. From the notes on the drawing, it would appear that the second option was selected by the property owner. This option would include the construction of a drip trench along the northerly edge of each greenhouse that would be 4' deep and 3' wide at the top. This trench would then be filled with #2 stone to stabilize the trench from erosion. The greenhouse gutter system would then be installed with downspouts that would outlet directly into the trench. Southold Town Planning Board Page Thirty-Two August 13, 2007 · This proposed drainage design recommend by the Conservation Service is considered satisfactory. The survey/site plan should be revised accordingly. All gravel drain locations should be shown and greenhouse downspout locations should be noted. The perimeter of the existing trench drain along the northerly property line should be adequately shown to confirm the existing drainage capacity; and WHEREAS, on June 13, 2007, the Southold Fire District responded, after review of the site plan, and determined there is adequate fire protection; and WHEREAS, on July 2, 2007, the Planning Department issued a letter to the applicant detailing the remaining site plan items to be included in the site plan, including drainage, and requested that copies of the final site plan, prepared and certified by a design professional, be submitted and the applicant submitted the necessary copies on July 17, 2007; and WHEREAS, on July 23,2007, the Planning Board, pursuant to Town Code 9280-131 H, determined that the proposed use is agricultural and considered waiving the public hearing requirement; and WHEREAS, on July 25,2007, the South old Town Engineer responded, after review of the revised site plan, stating that the revised site plan is satisfactory; and WHEREAS, on August 10, 2007, the Southold Town Building Inspector reviewed and responded ''The proposed use Greenhouse is a permitted use in this A-C district and is so certified" with a reference to the ZBA appeal #5866; 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. As per the Landscape Survivability Guarantee, the applicant agrees to replace any of the landscaping which dies within three (3) years of planting. 3. The owner, agent and/or applicant agrees to build out the site and install all handicap parking stalls, access aisles and signage in compliance with New York State Code and ADA requirements. 4. All signs shall meet South old Town Zoning Codes and shall be subject to approval of the Southold Town Building Inspector; be it therefore Southold Town Planning Board Page Thirty-Three August 13, 2007 RESOLVED, that the Southold Town Planning Board, pursuant to Town Code ~280-131 H, waives the public hearing requirement as the proposed use is "strictly related to agriculture;" Georqe Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: and be it further RESOLVED, that the Southold Town Planning Board has reviewed the proposed action under the policies of the Town of Southold Local Waterfront Revitalization Program and has determined that the action is consistent as outlined in the August 13, 2007 memo prepared by the LWRP Coordinator; Georqe Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: 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. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: and be it further RESOLVED, that the Southold Town Planning Board grant approval on the "Site Plan for Jay Guild" prepared by Nathan Taft Corwin III, dated August 23,1996 and last revised July 10, 2007, and construction drawings 2,3, 4A, 4B & 5A prepared by Donald M. Dam of Westbrook Greenhouse Systems Limited, dated September 14, 2005, and authorize the Chairperson to endorse the site plans with the following conditions: 1. If necessary, the owner, agent and/or applicant must obtain approval from the Suffolk County Department of Health Services for the approved construction prior to issuance of a Building Permit. If an approval is necessary, the owner, agent and/or Southold Town Planning Board Page Thirty-Four August 13, 2007 applicant must 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 Suffolk County Department of Health Services approved plan must be submitted to the Southold Town Planning Department within thirty (30) days of receipt. If the applicant/agent/owner fails to adhere to this requirement, this approval shall become null and void. 2. If necessary, the applicant/agent/owner must obtain a Phase II State Pollutant Discharge Elimination System (SPDES) Permit from the New York State Department of Environmental Conservation (NYS DEC) for the approved construction. A copy of the NYS DEC SPDES Permit must be submitted to the Southold Town Planning Department within thirty (30) days of receipt. 3. The owner, agent and/or applicant agrees that adequate parking must be provided pursuant to Town Code 280-78 which states that a greenhouse use must provide, "1 space per employee, plus 3 spaces, or 1 space per 200 square feet of sales and/or display area, whichever is greater." 4. The owner, agent and/or applicant understands and agrees that the Southold Town Building Department will review the approved proposed build out under a building permit application and that all construction must meet or exceed the required codes and this site plan approval is subject to change to conform to any requirement of Local & State Regulations as applied during the building permit review. 5. 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. 6. 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. 7. 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. 8. 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. Southold Town Planning Board Page Thirty-Five August 13,2007 9. 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. 10. 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. ********************************************** SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Unlisted Actions: SparklinQ Pointe. LLC - This site plan is for an alteration of an existing building into a new winery totaling 11,541 sq. ft. which includes 813 sq. ft. of office, 837 sq. ft. of retail, 4,170 sq. ft. of tasting room, 3,306 sq. ft. of storage area and 2,415 sq, ft. of production area with 41 parking spaces on a 12.088-acre parcel in the A-C Zone located on the slslo County Road 48, approximately 1,699 ft. west of Tucker Lane, known as 39750 County Road 48, in Southold. SCTM#1000-59-10-1 Ken Edwards: I will offer the following: WHEREAS, this site plan is for an alteration of an existing building into a new winery totaling 11,541 sq. ft. which includes 813 sq. ft. of office, 837 sq. ft. of retail, 4,170 sq. ft. of tasting room, 3,306 sq. ft. of storage area and 2,415 sq. ft. of production area on a 12.088-acre parcel in the A-C Zone located on the south side of County Road 48, approximately 1,699 ft. west of Tucker Lane, known as 39750 County Road 48, in Southold. SCTM#1 000-59-1 0-1 ; and WHEREAS, Thomas P. Rosicki is the owner of the property located approximately 546' wlo of Maple Avenue in Southold; and WHEREAS, on March 17,2004, the Southold Town Building Department issued a Notice of Disapproval indicating that the proposed construction requires a variance from Southold Town Planning Board Page Thirty-Six August 13,2007 the Southold Town Zoning Board of Appeals and approval from the South old Town Planning Board; and WHEREAS, on May 3, 2004, the agent, Stephen D. Mudd, working for the applicant, Thomas P. Rosicki, submitted a site plan application for approval; and WHEREAS, on May 17, 2004, the Southold Town Planning Board held a Work Session and accepted the application and requested application revisions from the agent, Stephen D. Mudd; and WHEREAS, on June 4, 2004, the Southold Town Zoning Board of Appeals reviewed an application in compliance with Town Code Section 100-31 A (4) for an area variance and granted approval under Appeal Number 5520 with a condition as follows: · "that the existing trees and shrubs, be maintained at a minimum average height of 4' as a landscape buffer, as exists, between the building and CR 48" and the Southold Town Planning Board accepts this for conditional approval; and WHEREAS, on May 18, 2007, the agent of this application changed and Nancy Steelman of Samuels and Steelman working for the applicant, Thomas and Cynthia Rosicki, submitted a revised site plan application for approval; and WHEREAS, on May 21,2007, the Southold Town Planning Board held a Work Session and accepted the revised application and requested application revisions from the agent, Nancy Steelman; and WHEREAS, on August 9,2007, the agent Nancy Steelman of Samuels and Steelman working for the applicant, Thomas and Cynthia Rosicki, submitted a revised site plan application for approval; therefore, be it 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. Georqe Solomon: Second the motion. Chairperson Woodhouse: All in favor? Ayes. ******************************************* Southold Town Planning Board Page Thirty-Seven August 13, 2007 OTHER - Seoping The HeritaQe at Cutchoaue - This proposed residential site plan application is for the development of a Planned 55+ Active Adult Community consisting of 139 detached and attached dwellings of approximately 2,000 sq. ft. each; an 8,840 sq. ft. clubhouse; a 1,160 sq. ft. swimming pool; two 3,200 sq. ft. tennis courts; a 2,400 sq. ft. maintenance garage; a gazebo; a gatehouse; 322 parking spaces, of which 278 are associated with the individual dwelling units and 44 are associated with the clubhouse and recreational facility; 197,043 sq. ft. of man made ponds to serve as natural drainage basins/irrigation systems; 1,162,022 square feet (27.676 acres) of landscaping; and various other site improvements including road pavement, patio and sidewalk improvements, on a vacant 46.17 -acre parcel in the Hamlet Density (HD) Zoning District located on the n/w corner of Griffing Street and School House Lane, approximately 1,079 feet n/o the Main Road, in Cutchogue. SCTM#1 000-1 02-1-33.3 Martin Sidor: WHEREAS, this proposed residential site plan application is for the development of a Planned 55+ Active Adult Community consisting of 139 detached and attached dwellings of approximately 2,000 sq. ft. each; an 8,840 sq. ft. clubhouse; a 1,160 sq. ft. swimming pool; two 3,200 sq. ft. tennis courts; a 2,400 sq. ft. maintenance garage; a gazebo; a gatehouse; 322 parking spaces, of which 278 are associated with the individual dwelling units and 44 are associated with the clubhouse and recreational facility; 197,043 sq. ft. of man-made ponds to serve as natural drainage basins/irrigation systems; 1,162,022 square feet (27.676 acres) of landscaping; and various other site improvements including road pavement, patio and sidewalk improvements, on a vacant 46. 17-acre parcel in the Hamlet Density (HD) Zoning District located on the northwest corner of Griffing Street and School House Lane, approximately 1,079 feet north of Main Road, in Cutchogue. SCTM#1000-102-1-33.3; and WHEREAS, on December 11,2006, 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 Type I Action; and WHEREAS, on July 16, 2007, the Southold Town Planning Board assumed lead agency for this Type I Action pursuant to Part 617.4 (b)(5)(ii); and WHEREAS, on July 16, 2007, the Southold Town Planning Board adopted a Positive Declaration for the proposed action; and WHEREAS, pursuant to Article 617.13 of the 6NYCC Part 617 State Environmental Quality Review Act, the applicant/agent will be financially responsible for costs incurred for the review and posting of the Draft and Final Environmental Impact Statements for the Town of Southold; and Southold Town Planning Board Page Thirty-Eight August 13, 2007 WHEREAS, on July 30,2007, the agent, Charles Cuddy, Esq., submitted a draft scope to the Planning Board at their work session; and WHEREAS, on August 6,2007, the Southold Town Planning Board, pursuant to Article 617.8, Scoping, scheduled public participation on August 20,2007 in a Scoping Session beginning at 5:00 p.m. and will allow for comments received in the Planning Department by September 4, 2007; be it further RESOLVED, that the Southold Town Planning Board, pursuant to Article 617.8 Scoping, will review all information and prepare a Final Scope for distribution as the Lead Agency. Georqe Solomon: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Motion carries. ******************************************** APPROVAL OF PLANNING BOARD MINUTES Chairperson Woodhouse: I will entertain a motion to approve the minutes listed below: .:. July 10, 2006 .:. August 14, 2006 .:. September 11 , 2006 .:. November 6, 2006 Special Meeting .:. November 13, 2006 .:. December 11, 2006 Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: That resolution carries. ************************************************ Southold Town Planning Board Page Thirty-Nine August 13, 2007 Chairperson Woodhouse: Is there anyone else who would like to address the Board on any issue? Hearing none, I will entertain a motion to adjourn. Ken Edwards: So moved. Georqe Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: We are adjourned. I would like to publicly acknowledge for the record that Ken Edwards, last week at our trip to Fishers Island, was commended for his 50 years of service to the Fire Department of Fishers Island. That's a tremendous achievement, and we all congratulate you, Ken. ********************************************************** There being no further business to come before the meeting, it was adjourned (no time given). RECEIVeD ...~ oJ' 30' /lilt FEB 1 4 2008 f"!~~On~ S~llj()lJ Tc.~IR'clerk oodhouse, Chairperson