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HomeMy WebLinkAboutPB-10/15/2007 KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND MAIliNG ADDRESS: P.O. Box 1179 Southold, NY 11971 PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair OFFICE WCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD PUBLIC MEETING MINUTES Monday, October 15, 2007 6:00 p.m. - <i~ - ""'rl~; f:...~~.. ..D /;:tS' fJhl IT' 1 c 2n08 a~()~ S,,:,,~~r t,~,;" i~ f"~,k Present were: Jerilyn B. Woodhouse, Chair Kenneth L. Edwards, Member Martin H. Sidor, Member George D. Solomon, Member Joseph L. Townsend, Member Heather Lanza, Planning Director Mark Terry, Principal Planner Bruno Semon, Sr. Site Plan Reviewer Anthony Trezza, Senior Planner Amy Thiel, Senior Planner Linda Randolph, Secretary SETTING OF THE NEXT PLANNING BOARD MEETING Chairperson Woodhouse: Good evening, and welcome to the October 15th meeting of the Southold Town Planning Board. For our first order of business, I will entertain a motion to set Monday, November 19th, 2007 at 6:00 p.m. at the Southold Town Hall, Main Road, Southold, as the time and place for the next regular Planning Board Meeting. Ken Edwards: So moved. Joseph Townsend: Second. Chairperson Woodhouse: All in favor? Ayes. ******************************************** Southold Town Planning Board Page Two October 15, 2007 PUBLIC HEARINGS 6:00 p.m.: Group for the East End Office - This site plan is for the proposed re- use and alteration of a 4,370 sq. ft. existing building into 1,439 sq. ft. of office space and approximately 1,661 sq. ft. of storage space and 1,270 sq. ft. of miscellaneous space; conversion of an existing accessory garage to storage with 15 parking spaces provided and 3 spaces land banked on a 23,320 sq. ft. parcel in the HB Zone located approximately 653' wlo Boisseau Avenue on the nlslo NYS Route 25 known as 54895 Main Road in Southold. SCTM#1000-62-1-4 Chairperson Woodhouse: We have one public hearing tonight. Is there anyone here who would like to speak on behalf of this application? Bob Deluca: Good evening Madame Chair and Members of the Board. I reside at 175 The Crossway, East Marion. I am the president of Group for the East End. I just want to take a moment to thank the Board as well as the staff for the time that you have put into reviewing this application. As you may know, we are involved in the planning and development process in terms of reviewing applications. Having gone through the process, I really appreciate the time that you've all taken and the guidance that was provided for us. Hopefully, we have come up with a plan that essentially leaves the building looking exactly the way that it looks right now, which is our hope: to keep the historic Benjamin Wells House looking like the historic Benjamin Wells House. Just for folks who either may be listening or may want to know: just a few of the things that we are doing here to hopefully add to this property: we're going to be installing a new septic system; we're going to be adding new drainage infrastructure; we're putting in a new landscape buffer of native plantings to the rear and to the back corners of the property; we're replacing all the exterior lights with dark sky compliant lights, and for the parking area we're also installing dark sky compliant lights there; we're adding two cross-access easements in the event that the Planning Board wishes us to have a cross-access agreement in the future; adding some ADA compliant parking and 15 parking spaces on pervious parking surface. So, hopefully we are just doing the minimum amount to be able to use the office for our needs. It was historically retail, residence and office and we're just converting back to a single office use. I just also wanted to let you know that I have the Affidavit of Posting which I guess I can hand up; we finally got our last card in today, so I will bring that up. I'm here to answer any questions that you may have or that the public may have as well. Chairperson Woodhouse: Thank you. Are there any questions from the Board? Is there anyone else in the audience who would like to address the Board on this application? Hearing none, I'll entertain a motion to close this hearing. Ken Edwards: So moved. Southold Town Planning Board Page Three October 15, 2007 Joseph Townsend: Second. Chairperson Woodhouse: All in favor? Ayes. Joseph Townsend: WHEREAS, this site plan is for the proposed re-use and alteration of a 4,370 sq. ft. existing building into 1,439 sq. ft. of office space and approximately 1,661sq. ft. of storage and 1,270 sq. ft. of miscellaneous space and conversion of an existing accessory garage to storage with 15 parking spaces provided and 3 spaces land banked on a 23,320 sq. ft. parcel in the HB Zone located approximately 653' wlo Boisseau Avenue on the nlslo NYS Road 25 known as 54895 Main Road in Southold. SCTM# 1000-62-1-4; and WHEREAS, Irwin L. Garsten is the owner of the property located at 54895 Main Road, in Southold; and WHEREAS, on April 6, 2007, the Southold Town Building Department issued a notice of disapproval indicating that the proposed change in use requires site plan approval from the Southold Town Planning Board; and WHEREAS, on August 9,2007, the Suffolk County Department of Health Services approved an Office under reference number C1 0-07-001 0 and the Southold Town Planning Board accepts this for approval; and WHEREAS, on August 10, 2007, the agent, John F. Shea, Esq. working for the applicant, Group for the East End, Inc., submitted a site plan application for approval; and WHEREAS, on August 20,2007, Robert De Luca, as the applicant, submitted a revised site plan application indicating a change in the named agent to Robert S. De Luca, president of Group for the East End. lnv. for review and the Southold Town Planning Board accepts this information for file; and WHEREAS, on August 20,2007, the Southold Town Planning Board held a Work Session and accepted the application and requested application revisions from the agent, Robert S. De Luca; and WHEREAS, on August 23, 2006, the Architectural Review Committee reviewed the associated site plan materials and the "committee members fully endorse this application as shown today" with the following recommendation: Southold Town Planning Board Page Four October 15, 2007 Use of "traditional lighting fixtures on the building rather than modern lighting fixtures. The parking area lighting fixtures can be modern or traditional at the applicant's discretion. All lighting is to be Dark Sky compliant. The type of bulb recommended for the lighting fixtures is metal halide" and the Southold Town Planning Board accepted these comments for consideration; and WHEREAS, on August 30, 2007, the New York State Department of Transportation issued a letter after review of the site plan materials with 9 noted items required and assigned a case number 07-299P and the South old Town Planning Board accepts this for conditional approval; and WHEREAS, on September 11,2007, Jill M. Doherty, Vice President of the Southold Town Trustees, reviewed the site plan materials and responded with comments that the proposed construction is "to be out of 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 the Southold Town Planning Board accepts the comments for approval; and WHEREAS, on September 11,2007, LWRP Coordinator Mark Terry, after review of the site plan materials, issued recommendations in a letter that "the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP" and the Southold Town Planning Board accepts the recommendations for consideration; and WHEREAS, on September 12, 2007, the South old Fire District responded for the Board of Fire Commissioners, after review of the site plan and "found that there is adequate fire protection for this site plan. The Board would like to reserve the right to review the above site plan if any changes occur to this property or to other property in the immediate area" and the Southold Town Planning Board accepts this response for approval; and WHEREAS, on September 18, 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 WHEREAS, on September 21,2007, the Planning Department Staff notified the agent, Robert De Luca by letter that additional application materials are required to process the application; and Southold Town Planning Board Page Five October 15, 2007 WHEREAS, on September 24,2007, the Southold Town Building Inspector reviewed and certified the site plan with "Business Offices and Professional Offices are permitted uses in the HB District" and the Southold Town Planning Board accepts this for approval; and WHEREAS, on September 26,2007, the Southold Town Planning Board set the final public hearing for October 15" 2007 at 6:00 p.m.; and WHEREAS, on October 3,2007, the Southold Town Engineer reviewed the site plan materials and responded with the following four comments: 1. Drainage calculations have been provided and gravel pavement areas were designed using a runoff coefficient of 25%. These calculations need to be amended to utilize a runoff coefficient of 0.6 for all Gravel Pavement areas. This item will increase the required drainage and the site plan should be amended accordingly. 2. The existing curb cuts, proposed new construction and change of use should be reviewed and approved by the DOT. Please Note, this proposed Site Plan is a renovation of existing conditions and two Curb Cuts already exist at this location. However, the DOT generally reserves the right to review any and/or all changes to a Site Plan when there is an increase in the intensity of its use. Therefore, a DOT Curb Cut or Highway Work Permit should be required. 3. A future cross over access easement has been noted adjacent to the Northerly end of the Westerly Property Line. If the adjacent property is not currently in Planning, it is recommended that this item be noted as a flexible location subject to final approval by the Planning Board when the adjacent property is developed. 4. The proposed landscaping appears to be adequate and meets the minimum requirements of Town Code. Final endorsement of the proposed landscaping should be reviewed and approved by the Planning Board and the Southold Town Planning Boards 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 Southold Town Planning Board Page Six October 15, 2007 WHEREAS, the following items shall be required: · The owner, agent and/or applicant shall comply with all requirements noted in the Declaration of Covenants and Restrictions for the cross over agreement. . 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. · All signs shall meet Southold Town Zoning Codes and shall be subject to approval of the Southold Town Building Inspector. · 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, on October 15, 2007, the Southold Town Planning Board, acting under the State Environmental Quality Review Act (6 NYCRR), Part 617.5 c (2), make a determination that the proposed action was a Type II and not subject to review; Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Joe Townsend: and be it further RESOLVED, that the Southold Town Planning Board has reviewed the proposed action under the policies of the Town of Southold Local Waterfront Revitalization Program and has determined that the action is furthermore consistent as noted in the September 11, 2007 report prepared by the LWRP Coordinator; Martin Sidor: Second. Chairperson Woodhouse: All in favor? Ayes. Joe Townsend: and be it further RESOLVED, that pursuant to Southold Town Code 280-131 Part I, the applicant agrees to incorporate all the requirements, comments, and recommendations of each reviewing agency as referenced above and as indicated on the site plan and corresponding attachments; Southold Town Planning Board Page Seven October 15, 2007 Georqe Solomon: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Joe Townsend: and be it further RESOLVED, that the Southold Town Planning Board grant approval on the site plan dated April 17, 2007 and last revised October 9,2007; and 500' Radius Map dated August 7, 2007; both site plans were prepared by Nathan Taft Corwin III, Land Surveyor, with the floor plan dated June 6, 2007; and authorize the Chairperson to endorse the site plan with the following conditions: 1. The owner, agent and/or applicant shall agree to execute and file the crossover Covenant and Restriction within thirty (30) days with the Suffolk County Clerk and, upon filing, submit a filed copy to the Planning Department Office for the file. 2. The owner, agent and/or applicant shall agree to apply to the New York State Department of Transportation agency for approval and this site plan approval is subject to change to conform to any requirement of State Regulations as applied during the process. If applicant/agent/owner fails to adhere to this requirement, this approval shall become null and void. 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. 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 site plan. Southold Town Planning Board Page Eight October 15, 2007 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. 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. 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. 11. 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. ********************************************** 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 w/s/o Youngs Avenue and the e/s/o Horton Lane approximately 375' s/o County Road 48 in Southold. SCTM#1000-63-1-25 Chairperson Woodhouse: BE IT RESOLVED, that the Southold Town Planning Board hereby holds open the public hearing for the Charnews Subdivision. Joe Townsend: Second. Chairperson Woodhouse: All in favor? Ayes. Southold Town Planning Board Page Nine October 15, 2007 CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE- SUBDIVISIONS (Lot Line Changes) Conditional Final Determinations: Walker/Dzenkowski - This proposal is for a lot line change that will transfer 30,375 s.f. from SCTM#1 000-21-3-27 (Lot 1) to SCTM#1000-21-3-26 (Lot 2) where, following the transfer, Lot 1 will equal 80,891 s.f. and Lot 2 will equal 98,727 s.f. in the R-40 Zoning District. The properties are located on the n/s/o Southern Boulevard, approximately 1310's/0 Aquaview Avenue in East Marion. SCTM#'s 1000-21-3-26 & 27 Ken Edwards: WHEREAS, this proposal is for a lot line change that will transfer 30,375 square feet from SCTM#1 000-21-3-27 (Lot 1) to SCTM#1 000-21-3-26 (Lot 2) where, following the transfer, Lot 1 will equal 80,891 square feet and Lot 2 will equal 98,727 square feet in the R-40 Zoning District; and WHEREAS, an application for a re-subdivision was submitted to the Southold Town Planning Board on July 23,2007, including the map prepared by Destin G. Graf, Land Surveyor dated April 5, 2005; and WHEREAS, on September 24,2007, the applicant submitted a correspondence from the Surveyor that provides the existing and proposed lots areas; and WHEREAS, the resulting lot line change does not create or increase any nonconformities; and WHEREAS, the Southold Town Planning Board reviewed this application at their work session on August 13, 2007 and determined that the project will not have a significant environmental impact or make future planning of the affected parcels more difficult or impossible; 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, do an uncoordinated review of this Unlisted Action. The Planning Board establishes itself as lead agency and, as lead agency, makes a determination of non-significance and grants a Negative Declaration; Georae Solomon: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Southold Town Planning Board Page Ten October 15, 2007 Ken Edwards: and be it further RESOLVED, that the Southold Town Planning Board hereby waive the public hearing for this project; Georae Solomon: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Ken Edwards: and be it further RESOLVED, that the Southold Town Planning Board grant Conditional Final Approval on the map prepared by Destin G. Graf, Land Surveyor dated April 5, 2005, subject to the following condition: the filing of new deeds with the Office of the Suffolk County Clerk pertaining to the lot line change and, upon filing, submission of a copy to this office. Joe Townsend: Second. Chairperson Woodhouse: All in favor? Ayes. ********************************* Grebe et al - This proposal is to reconfigure the lot lines of four parcels where SCTM#1000-6-2-16 will be merged and, following the reconfiguration, SCTM#1000- 6.2-14 will equal 11,786 sJ., SCTM#1 000-6-2-15 will equal 11 ,029 sJ. and SCTM#1000-6-2-17.1 will equal 69,428 sJ. The properties are located on the slslo Avenue B, approximately 520 'w/o Crescent Avenue on Fishers Island. Ken Edwards: WHEREAS, this proposal is to reconfigure the lot lines of four parcels where SCTM#1000-6-2-16 will be merged and, following the reconfiguration, SCTM#1000-6-2-14 will equal 11 ,786 square feet, SCTM#1000-6-2-15 will equal 11 ,029 square feet and SCTM#1000-6-2-17.1 will equal 69,428 square feet; and WHEREAS, an application for a re-subdivision (lot line change) was submitted on April 4, 2007 including the map prepared by CME Associates Engineering, Land Surveying & Architecture, PLLC dated March 28, 2003 and last revised on February 6, 2007; and WHEREAS, it was determined that the proposal requires lot area relief from the Zoning Board of Appeals in order to reduce the size of SCTM#1 000-6-2-17.1; and Southold Town Planning Board Page Eleven October 15, 2007 WHEREAS, the Zoning Board of Appeals granted the necessary relief on August 16, 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, do an uncoordinated review of this Unlisted Action. The Planning Board establishes itself as lead agency and, as lead agency, makes a determination of non-significance and grants a Negative Declaration; Georae Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. Ken Edwards: and be it further RESOLVED, that the Southold Town Planning Board hereby waive the public hearing for this project; Chairperson Woodhouse: Second. All in favor? Ayes. Ken Edwards: and be it further RESOLVED, that the Southold Town Planning Board grant Conditional Final Approval on the surveys prepared by CME Associates Engineering, Land Surveying & Architecture, PLLC dated March 28, 2003 and last revised on February 6,2007, subject to the following condition: The filing of new deeds with the Office of the Suffolk County Clerk pertaining to the lot line change and, upon filing, submission of a copy to this office. Joe Townsend: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Thank you. ********************************************** Southold Town Planning Board Page Twelve October 15, 2007 Conditional Preliminary Determinations: Wexler, Allan & Ellen - This proposal for a standard subdivision of 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 Martin Sidor: WHEREAS, this proposal is to subdivide a 3.832-acre parcel into two lots where Lot 1 equals 1.916 acres and Lot 2 equals 1.916 acres in the A-C Zoning District.; and WHEREAS, an application for sketch approval was submitted on September 21, 2006, including the sketch plan prepared by Joseph A. Ingegno, L.S., dated September 12, 2001 and last revised on September 11, 2006; and WHEREAS, on 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 Southold Town Planning Board issued a Negative Declaration pursuant to SEQRA; 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; and WHEREAS, that the Southold Town Planning Board held a public hearing for this project on September 10, 2007; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants Conditional Preliminary Plat Approval on the map prepared by Joseph A. Ingegno, L.S., dated September 12, 2001 and last revised on March 6, 2007, subject to the following conditions: 1) Submission of the application and fee for final plat approval. The final map shall contain the all of the technical requirements pursuant to Section 240-21 of the Southold Town Code, in addition to the following: a) Add the Declaration of Covenants and Restrictions to the map. b) Add a note which states that "The final plat has been adopted pursuant to the terms of Amended Chapter 240, subdivision of Land, effective August 24,2004." Southold Town Planning Board Page Thirteen October 15, 2007 c) Add a note which states that "A Declaration of Covenants and Restrictions has been filed in the County Clerk's Office which affects this subdivision and the properties within in." d) Show a 50'-wide vegetated scenic buffer on Lot 1 along North Bayview Road. Indicate that this buffer shall remain in its natural state and that no clearing, grading or ground disturbance shall be permitted with the exception of the trail easement and a 12'- wide driveway to provide access to the lot. e) Show the location of the Trail Easement and include a metes and bounds description. 2) Submission of the final draft Declaration of Covenants and Restrictions with the following additional clauses: a) Lot 1 is subject to a 50'-wide vegetated scenic buffer along North Bayview Road as shown on the final plat. There shall be no clearing, grading or ground disturbance of any kind within the scenic buffer with the exception of a 12'-wide driveway and the trail easement. b) Lot 1 is subject to a Trail Easement that will be filed in the Office of the Suffolk County Clerk simultaneously with the subdivision map. c) All driveways shall be constructed of pervious materials. d) All structures with impervious materials shall control and retain surface water runoff through the use of gutters, leaders and subsurface drywells. e) Landscaping of any or all of the lots shall consist of native, disease-resistant and drought-tolerant plants. f) The residential application of synthetic fertilizers and pesticides is prohibited on each lot as shown on the approved map. g) All utilities must be located underground. 3) Submission of a Phase I Archaeological Survey. 4) LWRP Coastal Consistency review by the Town of Southold. 5) Acceptance of the Trail Easement by the Town of Southold or submission of the Park and Playground fee in the amount of $7,000 for each new residential lot created. Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Thank you. Southold Town Planning Board Page Fourteen October 15, 2007 Preliminary Extensions: Kaloski. Michael - This proposal will subdivide an 8.30-acre parcel, SCTM#1000- 102-4-6.2, into 2 lots where Lot 1 equals 2.02 acres and Lot 2 equals 5.35 acres; in addition with a lot line change that will transfer .402 acres from SCTM#1000- 102-4-6.2 to SCTM#1 000-1 02-4.7.1. Following the transfer, SCTM#1 000-1 02-4- 7.1 will equal .918 acres. The parcel is located on Alvahs Lane, 2,056' nlo Main Road (NYS 25) and slo Middle Road (CR 48) in Cutchogue. Georqe Solomon: WHEREAS, this proposal will subdivide an 8.30-acre parcel, SCTM#1000-102-4-6.2, into 2 lots where Lot 1 equals 2.02 acres and Lot 2 equals 5.35 acres with a lot line change that will transfer .402 acres from SCTM#1 000-1 02-4-6.2 to SCTM#1 000-1 02-4-7.1 which, following the transfer, will equal .918 acres; and WHEREAS, on September 13, 2005, the Southold Town Planning Board granted conditional preliminary plat approval on the map prepared by Stanley J. Isaksen Jr., LS dated June 11, 2002 and last revised on October 10, 2003; and WHEREAS, on June 27, 2007, the applicant submitted the final Drainage and ConseNation Easement, which has been approved by the Town Engineer, Superintendent of Highways and the Town Attorney, and will be recorded simultaneously with the subdivision map; and WHEREAS, on September 19, 2007, the applicant submitted a copy of the filed Declaration of Covenants and Restrictions, as recorded in the Office of the County Clerk (Iiber 12519, page 299) on August 23, 2007; and WHEREAS, on September 20, 2007 the applicant submitted a copy of the subdivision map containing the Health Department stamp of approval, prepared by Stanley J. Isaksen Jr., LS, dated June 11,2002 and last revised on December 28,2006; and WHEREAS, on October 5,2007, the applicant submitted a letter requesting an additional extension of time for preliminary plat approval; and WHEREAS, on October 12, 2007, the applicant submitted the application and fee for final plat approval, which includes a copy of the final map prepared by Stanley J. Isaksen Jr., LS, dated June 11, 2002 and last revised on December 28, 2006, as approved by the Suffolk County Department of Health SeNices; and WHEREAS, on October 12, 2007, the LWRP Coordinator issued a recommendation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP; be it therefore Southold Town Planning Board Page Fifteen October 15, 2007 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 as noted in the October 12, 2007 report prepared by the LWRP Coordinator; Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes. Georqe Solomon: and be it further RESOLVED, that the Southold Town Planning Board grants an extension of time for conditional preliminary plat approval effective March 13, 2007 until March 13, 2008; Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes. Georqe Solomon: and be it further RESOLVED, that the South old Town Planning Board approves the Drainage and Conservation Easement and recommends same to the Town Board; Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes. Georqe Solomon: and be it further RESOLVED, that the Southold Town Planning Board set Monday, November 19, 2007 at 6:00 p.m. for a final public hearing on the final plat prepared by Stanley J. Isaksen Jr., LS, dated June 11,2002 and last revised on December 28, 2006. Ken Edwards: Second the motion. Chairperson Woodhouse: Before we vote, can I just ask a question: we're setting a public hearing on a final plat after we've extended the preliminary plat? Anthonv Trezza: Yes. Because the preliminary plat expired in the interim, so we had to actually extend the preliminary plat beyond the final hearing. Southold Town Planning Board Page Sixteen October 15, 2007 Chairperson Woodhouse: OK. So we have a motion on the floor. All in favor? Ayes. Chairperson Woodhouse: Thank you. Thanks for clarifying that for me. ************************************* Conditional Sketch Determinations: Vitti, Irene - This proposal is for a clustered conservation subdivision of a 20.7572- acre parcel into four (4) lots, where Lot 1 is 18.7517 acres, inclusive of a 1.956-acre building lot and 16.795 acres to be preserved through a Development Rights Sale to the County of Suffolk; Lot 2 equals 30,000 square feet, Lot 3 equals 30,000 square feet, and Lot 4 equals 25,956 square feet in the A-C Zoning District. The property is located on the north side of County Road 48, approximately 870' west of Horton's Lane in Southold. SCTM#1000-59-3-27 Joe Townsend: WHEREAS, this proposal is for a clustered conservation subdivision of a 20.7572-acre parcel into four (4) lots, where Lot 1 is 18.7513 acres, inclusive of a 1.956-acre building lot and 16.795 acres to be preserved through a Development Rights Sale to the County of Suffolk; Lot 2 equals 30,003 square feet; Lot 3 equals 30,000 square feet; and Lot 4 equals 25,956 square feet in the A-C Zoning District.; and WHEREAS, an application for sketch approval was submitted on January 31,2007, including the sketch plan prepared by John C. Ehlers, L.S., dated March 22, 2006 and last revised on November 17, 2006; and WHEREAS, the Southold Town Planning Board reviewed this application at their work session on Monday, February 26, 2007; and WHEREAS, on March 12,2007, the South old Town Planning Board started the SEQRA lead agency coordination process for this unlisted action; and WHEREAS, on October 11,2007, the applicant submitted the revised sketch plan prepared by Kenneth H. Beckman, L.S. dated July 30, 2007 and last revised on October 2,2007; 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; Southold Town Planning Board Page Seventeen October 15, 2007 Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes. Joe Townsend: and be it further RESOLVED, that the Southold Town Planning Board hereby grant Conditional Sketch Approval upon the map prepared by Kenneth H. Beckman, L.S. dated July 30,2007 and last revised on October 2,2007, subject to the following conditions: 1. Submission of the application for final plat approval. 2. Submission of the final map with all of the technical requirements pursuant to Section 240-21 of the Southold Town Code in addition to the following: a. The title of the map shall read "Clustered Conservation Subdivision for the Property of I rene Vitti.". b. Replace the term "parcel" with "lot." c. Specify which lot the right-of-way is attached to and provide at-shaped turn-around at its terminus for emergency vehicles. d. Show building envelopes for each of the lots based on the nonconforming setbacks pursuant to 280-124 of the Southold Town Code. The front yard setbacks on Lots 2 and 3 shall be from the right-of-way. The area of the right-of-way is excluded from the lot area. e. Specify the acreage and square footage of the preserved land on Lot 3 and refer to it as Deed of Development Rights Sale to Suffolk County. f. Specify the amount of clustered subdivision open space for this subdivision and indicate that it is located within the preserved land on Lot 3. g. Add a note which states that in the event that the Development Rights Sale is not completed pursuant to the approved subdivision map and a copy of the recorded Deed of Development Rights Easement is not submitted to the Town of Southold Planning Department, the Planning Board's approval of the subdivision shall not longer be valid. h. Add a note which states that the Town of Southold Building Department shall not issue building permits for any of the lots on the approved subdivision map until the Development Rights Sale is completed pursuant to the approved subdivision map and a copy of the recorded Deed of Development Rights Easement is submitted to the Town of Southold Planning Department. i. Add a note which states that a Declaration of Covenants and Restrictions has been filed in the County Clerk's Office and that such Covenants and Restrictions affect the subdivision and the properties within. Southold Town Planning Board Page Eighteen October 15, 2007 j. State that the subdivision has been adopted pursuant to the terms of the amended Chapter 240, Subdivision of Land effective August 24, 2004. 3. Submission of Draft Declaration of Covenants and Restrictions, containing the following clauses: a. Future residents of the lots on the approved subdivision map are advised that the lots are subject to the noise, dust and odors normally associated with agricultural activities pursuant to Article XXII, Farmland Bill of Rights, of the South old Town Code. b. Access to Lots 2, 3 and 4 shall be from the 25'-wide right-of-way as shown on the approved map and will be subject to the terms of an access easement that will be filed in connection with this subdivision. c. No further subdivision of Lots 2,3 and 4 in perpetuity. d. All utilities must be located underground. e. Specify the amount of subdivision open space in connection with this subdivision and indicate that it is located within the preserved land on Lot 3. f. No changes to any of the lot lines without Planning Board approval. g. All storm water 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. h. Prior to any construction activity on Lots 1 and 2, the project will require a General Permit for the storm water run-off from construction activity (GP- 02-01) administered by the NYS Department of Environmental Conservation under Phase II State Pollutant Discharge Elimination System. i. No storm water 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. j. All driveways shall be constructed of pervious materials. k. All structures with impervious materials shall control and retain surface water runoff through the use of gutters, leaders and subsurface drywells. I. Landscaping of any or all of the lots shall consist of native, disease- resistant and drought-tolerant plants. m. The residential application of synthetic fertilizers and pesticides is prohibited on each lot as shown on the approved map. n. In the event that the Development Rights Sale is not completed pursuant to the approved subdivision map and a copy of the recorded Deed of Development Rights Easement is not submitted to the Town of South old Planning Department, the Planning Board's approval of the subdivision shall no longer be valid. Southold Town Planning Board Page Nineteen October 15, 2007 o. The Town of Southold Building Department shall not issue building permits for any of the lots on the approved subdivision map until the Development Rights Sale is completed pursuant to the approved subdivision map and a copy of the recorded Deed of Development Rights Easement is submitted to the Town of Southold Planning Department. 4. Submission of a Draft Road and Maintenance Agreement. 5. Submission of a permit or Letter of Non-Jurisdiction from the New York State Department of Environmental Conservation and the Town Trustees. 6. LWRP Coastal Consistency Review by the Town of Southold. 7. Review and approval from the Suffolk County Planning Commission. 8. Submission of the Phase I Archaeological Survey. 9. Curb cut permits from the Suffolk County Department of Public Works. 10. Submission of the Park and Playground Fee in the amount of $10,500 ($3,500 for each new residential lot being created). Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. ************************************** 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 slslo NYS Route 25 and the nlslo Leslie's Road, approximately 1,500' elo Bay Avenue in Peconic. SCTM#'s 1000-97-10-1, 85-3-12.1 & 85-3-12.2 Ken Edwards: 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 Southold Town Planning Board Page Twenty October 15, 2007 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; and WHEREAS, on August 13, 2007, the Southold Town Planning Board started the SEQRA lead agency coordination process for this Unlisted Action; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants Conditional Sketch Approval upon the map prepared by John C. Ehlers, L.S., dated May 23,1997 and last revised on April 16, 2007, subject to the following conditions: 1. Submission of the application for final plat approval. 2. Submission of the final map with all of the technical requirements pursuant to Section 240-21 of the Southold Town Code in addition to the following: a. The title of the map shall read "Clustered Conservation Subdivision for the Property of Briarcliff Sod Inc." b. Identify Lot 3 as Deed of Development Rights Sale to Suffolk County. c. Specify that the clustered subdivision open space is equal to 11,328 square feet and is within the reserved area on Lot 3. d. List the covenants and restrictions on the map. e. Add a note which states that a Declaration of Covenants and Restrictions has been filed in the County Clerk's Office and that such covenants and restrictions affect the subdivision and the properties within. f. State that the subdivision has been adopted pursuant to the terms of the amended Chapter 240, Subdivision of Land, effective August 24, 2004. 3. Submission of Draft Declaration of Covenants and Restrictions, containing the following clauses: a. Future residents of the lots on the approved subdivision map are advised that the lots are subject to the noise, dust and odors normally associated with agricultural activities pursuant to Article XXII, Farmland Bill of Rights, of the Southold Town Code. b. Access to Lots 1and 2 shall be from a common driveway within the flag strip on Lot 2 as shown on the approved map and will be subject to the terms of an access easement that will be filed in connection with this subdivision. c. No further subdivision of Lots 1 and 2 in perpetuity. Southold Town Planning Board Page Twenty-One October 15, 2007 d. All utilities must be located underground. e. The clustered subdivision open space is equal to 11,328 square feet and is within the reserved land on Lot 3. f. No changes to any of the lot lines without Planning Board approval. g. 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. h. All driveways shall be constructed of pervious materials. i. All structures with impervious materials shall control and retain surface water runoff through the use of gutters, leaders and subsurface drywells. j. Landscaping of any or all of the lots shall consist of native, disease- resistant and drought-tolerant plants. k. The residential application of synthetic fertilizers and pesticides is prohibited on each lot as shown on the approved map. I. Prior to any construction activity on Lots 1 and 2 , the project will require a General Permit for the stormwater run-off from construction activity (GP- i. 02-01) administered by the New York State Department of Environmental Conservation under Phase II State Pollutant Discharge Elimination System. 4. Submission of a Draft Access Easement. 5. Review and approval by the Suffolk County Planning Commission. 6. Letter of water of availability from the Suffolk County Water Authority. 7. LWRP Coastal Consistency Review by the Town of Southold. 8. Submission of the Park and Playground Fee in the amount of $3,500 for each new residential lot being created. Georae Solomon: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Thank you. ************************************** Southold Town Planning Board Page Twenty-Two October 15, 2007 CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE- SUBDIVISIONS (Lot Line Changes) - STATE ENVIRONMENTAL QUALITY REVIEW ACT Lead Agency Designation: Jacobv Familv Limited Partnership - This proposal is for a conservation subdivision of a 10.454-acre parcel into two lots where Lot 1 equals 46,571 sq. ft. and Lot 2 equals 408,796 sq. ft., inclusive of a 46,049 sq. ft. building envelope and 362,747 sq. ft. of land to be preserved through the Sale of Development Rights to the County of Suffolk. The property is located at the terminus of Kirkup Lane, s/o Sound Avenue in Mattituck. SCTM#1000-125-1-5.1 Martin Sidor: 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 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; 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 Nathan Taft Corwin III, L.S., dated May 2, 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. Georqe Solomon: Second the motion. Chairperson Woodhouse: All in favor? Southold Town Planning Board Page Twenty-Three October 15, 2007 Ayes. Chairperson Woodhouse: Thank you. ************************************** Adipietro. Robert - This proposal is for a standard subdivision of 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#1000-74-3-16 Georae Solomon: WHEREAS, this proposal is for a standard subdivision of 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. Joe Townsend: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: That motion carries. ************************************** Southold Town Planning Board Page Twenty-Four October 15, 2007 SITE PLANS Conditional Final Extensions: Mattituck Self Storaae - This site plan is for a new 7,500 sq.ft. second floor addition with renovation of an existing 22,996 sq.ft. building and maintenance of a 14,184 sq.ft. metal storage building on a 1.697-acre parcel in the LI Zone located approximately 151' slo Route 48 on the wlslo Wickham Avenue known as 885 Wickham Avenue in Mattituck. SCTM#1000-140-2-9 Joe Townsend: WHEREAS, the proposed site plan, to be known as the Site Plan for Mattituck Self Storage, is for a new 7,500 sq. ft. 2nd floor addition with renovation of an existing 22,996 sq. ft. building and maintenance of a 14,184 sq. ft. metal storage building on a 1.697 acre parcel in the LI Zone; and WHEREAS, Thomas & Susan McCarthy are the owners of the property known and designated as 885 Wickham Avenue, located approximately 151' south of Route 48 on the west side of Wickham Avenue in Mattituck, SCTM#1 000-140-2-9; and WHEREAS, a formal application for approval of this site plan was submitted on October 29,2002;and WHEREAS, on November 11, 2003, the Southold Town Planning Board, granted approval on the site plan prepared by Joseph A. Ingegno, Land Surveyor, dated February 14, 2001 and last revised October 8,2003, and authorized the Chairman to endorse the final surveys with the following three conditions and subject to a one-year review from the date of the building permit: 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 the Town Code requirements. 2. Plant one tree in the front yard instead of the evergreen hedge as shown. 3. At the new entrances on Wickham Avenue, the new curbing and asphalt pavement need to align all new surfaces with existing conditions adjacent to Wickham Avenue. All required reconstruction of the roadway within the town- owned right-of-way is to be the responsibility of the owner, applicant or developer; and Southold Town Planning Board Page Twenty-Five October 15, 2007 WHEREAS, on October 24, 2006, Ruthie Love, Office Manager for McCarthy Management, requested the Planning Board to consider a one-year extension from the November 11, 2006 site plan expiration date; and WHEREAS, on November 14, 2006, the South old Town Planning Board granted a six (6) month extension to the site plan approval from November 11, 2006 to May 11, 2007;and WHEREAS, on September 27,2007, Ruthie Love, Office Manager for McCarthy Management, requested the Planning Board consider an one-year extension to the expired site plan; and WHEREAS, on March 27, 2007, the Southold Town Building Department advised Thomas J. McCarthy by letter that the Building Permit # 30487 issued on July 14th, 2004 has expired and renewal of the Building Permit and submission of a $4,035.00 fee is required; and WHEREAS, on October 9,2007, the Southold Town Planning Board held a work session to consider the requested site plan extension and agreed to approve a six (6) month extension on the condition that the applicant renew the expired building permit and pay all applicable fees; be it therefore RESOLVED, that the Southold Town Planning Board hereby grant a six (6) month extension from October 15, 2007 to April 15, 2008 of the site plan approved on November 11, 2003 prepared by Joseph A. lngegno, Land Surveyor, dated February 14,2001 and last revised October 8,2003, and endorsed by the Chair on November 10, 2003 subject to all the requirements and conditions of the site plan approval process and the following new condition: The applicant, owner or agent renews the expired Building Permit # 30487 within thirty (30) days of this resolution date including repayment of all applicable fees. If applicant/agent/owner fails to adhere to this condition within that time period, this extension approval shall become null and void. Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: That motion carries. Thank you. ************************************** Southold Town Planning Board Page Twenty-Six October 15, 2007 CutchoQue Harbor Marina - This proposed site plan is for an existing marina to include 18,029 sq. ft. of existing buildings, 120 existing boat slips, 92 existing parking spaces, 4 buildings including 1 apartment, 1 single family dwelling, office, bathroom and accessory building on a 3.9-acre parcel in the MI Zone located at the intersection of West Road and West Creek Avenue, on the w/s/o West Creek Avenue in Cutchogue. SCTM#1000-110-1-12 Ken Edwards: WHEREAS, the applicant proposes a site plan for an existing marina to include 18,029 sq. ft. of existing buildings, 120 existing boat slips, 92 existing parking spaces, 4 buildings including 1 apartment, 1 single family dwelling, office, bathroom and accessory building on a 3.9 acre parcel in the MI Zone; and WHEREAS, Cutchogue Harbor Marina, Inc. is the owner of the property located at the intersection of West Road and West Creek Avenue, on the w/s/o West Creek Avenue, in Cutchogue, SCTM#1 000-11 0-1; and WHEREAS, on October 5, 2004, the Planning Board granted conditional final approval which expired in six months on April 4, 2005; and WHEREAS, on July 12, 2005, the Planning Board granted a six month extension to the conditional final approval which expired on October 17, 2005; and WHEREAS, on October 18, 2005, the Planning Board granted a six month extension to the conditional final approval which expired on April 10, 2006; and WHEREAS, on April 11, 2006, the Planning Board granted a six month extension to the conditional final approval which expired on October 10, 2006; and WHEREAS, on September 11, 2006, the applicant requested that the Planning Board consider granting an extension to the conditional final approval pending review and approval from the NYS DEC; and WHEREAS, on October 16, 2006, the Planning Board granted a six month extension to the conditional final approval which expired on April 10, 2007; and WHEREAS, on April 2, 2007, the applicant requested that the Planning Board consider granting an extension to the conditional final approval pending review and approval from the NYS DEC; and WHEREAS, on May 15, 2007, the Planning Board granted a six month extension to the conditional final approval which expired on October 15, 2007; and Southold Town Planning Board Page Twenty-Seven October 15, 2007 WHEREAS, on October 1,2007, the applicant requested that the Planning Board consider granting an extension to "resolve a Catch 22 situation" to the conditional final approval pending final review and approval from the NYS DEC; and WHEREAS, on April 12, 2007, the applicant submitted the Suffolk County Department of Health approval under C-1 0-04-0014 and the Planning Board accepts this for approval; and be it therefore RESOLVED, that the Southold Town Planning Board grant an additional six-month extension from October 15, 2007 to April 15, 2008 to the conditional final approval on the site plans prepared and certified by John T. Metzger, Surveyor, dated October 30, 2003 and last revised September 15, 2004, subject to fulfillment of the following requirements: 1. Submission and approval from the NYS DEC to the Planning Department. 2. The executed drainage easement between the property owner and the Town of Southold must be filed with the Suffolk County Clerk. Once filed, a copy should be submitted to the Southold Town Planning Department within thirty (30) days of receipt. Martin Sidor: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Thank you. *********************************** Lead Agency Designation: Peconic Recyclina & Transfer II - This site plan is for new construction of a building that includes 32,000 sq. ft. of warehouse space and 2,200 sq. ft. of office space for a transfer station use on a vacant 118,164.2 sq. ft. parcel in the L10 Zone located at the north intersection of Corporate Road and Commerce Drive known as 560 Commerce Drive in Cutchogue. SCTM 1000-95-2-5 Martin Sidor: WHEREAS, this site plan is for new construction of a building that includes 32,000 sq. ft. of warehouse space and 2,200 sq. ft. of office space for a transfer station use on a vacant 118,164.2 sq. ft. parcel in the L10 Zone located at the north intersection of Corporate Road and Commerce Drive known as 560 Commerce Drive in Cutchogue. SCTM 1000-95-2-5; and Southold Town Planning Board Page Twenty-Eight October 15, 2007 WHEREAS, on September 11 2007, the South old 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 14, 2007, the Southold Town Planning Board agreed to contract with Nelson Pope and Voorhis, LLC for the environmental review and forwarded the information for such review; and WHEREAS, on September 18, 2007, the New York State Department of Agriculture and Markets responded by letter that "a limited permit to move the soil is not required because, according to Part I-Project Information Prepared by the Project Sponsor, soil will not be removed from the site" and the Planning Board will include this in the review; and WHEREAS, on September 19, 2007, the Suffolk County Department of Public Works responded by letter, "This Department has no objection to the Town assuming lead agency status for this propose development" and the Planning accepts this for review; and WHEREAS, on October 15, 2007, the South old Town Planning Department has not received and other correspondence from any other agency; be it therefore RESOLVED, that the Southold Town Planning Board, pursuant to Part 617, Article 6 of the Environmental Conservation Law acting under the State Environmental Quality Review Act, assumes lead agency for this Unlisted Action. Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. ************************************** Warex Proiect - This site plan is for the proposed alteration of an existing gas station which will include the removal of the existing 3-bay service station to expand the existing convenience store and gas pump canopy and add a new carwash where 1,146 sq. ft. is for the convenience store, 907 sq. ft. is for the carwash and approximately 3,434 sq. ft. is for the canopy; including 12 parking spaces onsite, all on a .55-acre parcel in the General Business Zone located on the n/s/o NYS Route 25, on the n/e corner of NYS Route 25 and Factory Avenue known as 9945 Main Road in Mattituck. SCTM#1000-142-1-27 Southold Town Planning Board Page Twenty-Nine October 15, 2007 Georqe Solomon: WHEREAS, this site plan is for the proposed alteration of an existing gas station which will include the removal of the existing 3-bay service station to expand the existing convenience store, expand the existing gas pump canopy and add a new car wash, where 1,146 sq. ft. is for the convenience store, 907 sq. ft. is for the car wash and approximately 3,434 sq. ft. is for the canopy including 12 parking spaces onsite, on a .55-acre parcel in the General Business Zone located on the n/s/o New York State Road 25, on the n/e corner of NYS Road 25 and Factory Avenue, known as 9945 Main Road, in Mattituck. SCTM#1000-142-1-27; and WHEREAS, on September 10, 2007, 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 10, 2007, the Southold Town Planning Board accepted an estimate from Nelson Pope and Voorhis, LLC for the environmental review and forwarded the estimate to the applicant for review and payment; and WHEREAS, on September 27,2007, the applicant submitted a check for payment for the environmental review; and WHEREAS, the Planning Board will forward all necessary information to Nelson Pope and Voorhis, LLC for review once the revised Traffic Engineering Assessment has been received and the Zoning Board of Appeals has issued a decision regarding the special exception car wash use in order to avoid any unnecessary financial burden on the applicant; and WHEREAS, pursuant to Southold Town Code ~280-131 B (4), the applicant must obtain permission from the Zoning Board of Appeals prior to site plan approval; be it therefore RESOLVED, that the Southold Town Planning Board, pursuant to Part 617, Article 6 of the Environmental Conservation Law acting under the State Environmental Quality Review Act, assumes lead agency for this Unlisted Action. Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. ******************************************************** Southold Town Planning Board Page Thirty October 15, 2007 APPROVAL OF PLANNING BOARD MINUTES Chairperson Woodhouse: I will entertain a motion to approve the minutes of the Special Board Meeting on March 1,2007 and the Scoping Session of August 20,2007. Joe Townsend: So moved. Georqe Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. ******************************************************** Chairperson Woodhouse: Is there anyone else who would like to address the Board on any other matter? Bruno Semon: On behalf of the approval for Group for the East End, you just reviewed the conditions and he asked us for a change; so if you go over to 1 (d), one of the conditions will be something that cannot be honored. What has been asked for, there's no way to do this until after ownership is transferred. So, right after "30 days" insert "of deeded ownership transfer." I would recommend that to the Board. Chairperson Woodhouse: I see where it is; we will have to revise the resolution. I will entertain a motion to rescind and redo this resolution. Shall we do it that way? Georqe Solomon: Sure, so moved. Joe Townsend: I'd like discussion on the motion. That sort of leaves it open-ended. Do we want to have any time limit for this ownership to be transferred? Bruno Semon: Joe, actually he's in contract to close. He's got three years for approval on the site plan no matter what. So it ends at that point. He's here and he could speak. Joe Townsend: When do you anticipate closing? Bob Deluca: Our scheduled closing is November 5, plus or minus a few days, maybe. We're happy to file. Covenant language is already done; it's just a question of getting it filed as soon thereafter as we can. Joe Townsend: (inaudible) let it be three years, that's fine, but if it makes sense; is there any reason why not to do it that way? I guess it's fine... ... Southold Town Planning Board Page Thirty-One October 15, 2007 Bruno Semon: It only actually goes into effect if the site plan happens; it's actually for the crossover agreement, so it would only be part of the site if the site plan's built out. So if for some reason the deal falls through, it really wouldn't matter because the site plan wouldn't be affected. Joe Townsend: OK. Chairperson Woodhouse: So we have rescinded just one part of the resolution; so let me just read the corrected one, and then we'll vote on it again, OK? This is on the Group for the East End Office, the fourth resolution: 1. The owner, agent and/or applicant shall agree to execute and file the cross over Covenant and Restriction within thirty days (30) of deeded ownership transfer with the Suffolk County Clerk and upon filing, submit a filed copy to the Planning Department Office for the office file. Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Thank you very much. ****************************** Chairperson Woodhouse: As I asked before, is there anyone else who would like to address the Board on any other matter? Hearing none, I will entertain a motion to adjourn. Georqe Solomon: So moved. Joe Townsend: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: We are adjourned. Thank you very much. ********************************************************** Southold Town Planning Board Page Thirty-Two October 15, 2007 There being no further business to come before the meeting, it was adjourned at 6:23 p.m. ~K~ Linda Randolph, Secr tary I\::C(,,'O ~~ /J,,: I ~ fl'" (j~O? Sc".' ',:~ ~';,:',-'~1 C::.::;:h