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HomeMy WebLinkAboutPB-09/10/2007 KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND MAIllNG ADDRESS: P.O. Box 1179 Southold, NY 11971 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 MEMBERS JERILYN B. WOODHOUSE Chair PLANNING BOARD OFFICE TOWN OF SOUTHOLD PUBLIC MEETING MINUTES Monday, September 10, 2007 6:00 p.m. Rl:CEIV;;D "fdd I'" ~ /~IIII M~2 1 2 2008 a~oqu~ S~jtvjd T(;VIn Clerk Present were: Jerilyn B. Woodhouse, Chair Kenneth L. Edwards, 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 Carol Kalin, Secretary SETTING OF THE NEXT PLANNING BOARD MEETING Chairperson Woodhouse: Good evening, and welcome to the September 10th meeting of the Southold Town Planning Board. For our first order of business, I will entertain a motion to set Monday, October 15th, 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. Joseph Townsend: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Thank you. Tonight we have a several public hearings scheduled. If you would like to address the Board during any of these hearings, I ask that you please come to either of the two podiums with the microphones, print your Southold Town Planning Board Page Two September 10, 2007 name clearly so that we can read it afterwards and then state your name and where you are from before you give us your remarks. ***************************************************** PUBLIC HEARINGS 6:00 p.m. - Wexler. Allan & 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 Chairperson Woodhouse: Is there anyone here who would like to address the Board on this application? Alison Schroeder Mahaffev: I live on North Bayview, Southold. I've been there my whole life. I've walked through these woods and I am very familiar with them. I am also aware that the current property owners complained quite a bit about mosquitoes and flies. You need a mask or a net over your head to get through these woods; it's pretty buggy. It's really in my opinion not fit for humans. They have a house and I know there are other people trying to develop these woods, the Tall Pines Subdivision. During a rainy season or during the wet months, it's just really swampy back there. Anybody who builds a house is going to have a wet basement; they're going to have mosquitoes everywhere. There's huge amounts of black fly. There's no sunny spots, unless they start tearing down the Tall Pines. I've been walking through there since I was like ten years old, and it's usually very wet and very buggy. I'm concerned for all the little creatures of course, you know, that are going to get sprayed with pesticides and the bats aren't going to be able to survive it; the birds aren't going to be able to survive it. And, in the long run, the people aren't going to be able to survive it here in Southold. Chairperson Woodhouse: Thank you. Is there anyone else who would like to address the Board on this application? David Markell: From Southold. I'm concerned with the closeness of the wetlands which, according to the map, I may be wrong, but I may be right, about 100' from the western boundary. Now, is there a provision to keep the use of herbicides and pesticides and chemicals that are found in the home that when we have a stop program we take to the dump so we don't put in the groundwater? Is there a provision about animals; are they going to be allowed to have animals that will be hunters, predators upon some of the smaller creatures that live in the woods there? This property, this area, you can't go to another part of Long Island and find anything like it. This is the last frontier. Every time we lose the battle, we only have to lose once. Thank you. Southold Town Planninq Board Paqe Three September 10. 2007 Chairperson Woodhouse: Thank you. Is there anyone else who would like to address the Board on this application to subdivide the parcel into two parcels? Are there any questions from the Board? OK, I will entertain the resolution. Ken Edwards: 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. lngegno, 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. lngegno, 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 30, 2007, an application and fee for preliminary plat approval was submitted, including the preliminary plat prepared by Joseph A. lngegno, L.S., dated September 12, 2001 and last revised on March 6, 2007; be it therefore RESOLVED, that the Southold Town Planning Board hereby closes the public hearing for this project; Joe Townsend: Second. Chairperson Woodhouse: All in favor? Ayes. and be it further RESOLVED, that written comment will be accepted on the project for a period of ten days; Chairperson Woodhouse: Second. All in favor? Ayes. Ken Edwards: and be it further RESOLVED, that a decision will be made at the October 15, 2007 Public Meeting. Joe Townsend: Second. Southold Town Plannina Board Paae Four September 10. 2007 Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Then you are all clear. What that means is we've closed the public hearing; we'll accept comments for a limited period of time, ten days, and that we will issue our decision on October 15th at the Public Meeting. Thank you. *************************************** 6:05 p.m. - Sparklina Pointe Winery - 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. wlo Tucker Lane, known as 39750 County Road 48 in Southold. SCTM#1 000-59-1 0-1 Chairperson Woodhouse: Is there anyone here who would like to address the Board on this application? Any questions from the Board? I will entertain a motion to close the hearing. Joseph Townsend: 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 slslo County Road 48, approximately 1,699 ft. wlo 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 known as 39750 County Road 48 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 the Southold Town Zoning Board of Appeals and approval from the Southold 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 Southold Town Planninq Board Paqe Five September 10, 2007 WHEREAS, on June 4,2004, the South old Town Zoning Board of Appeals reviewed an application for 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 July 10, 2007, the Suffolk County Department of Public Works responded, after review, and approved pursuant to 239f stating "A permit from this Department will be required pursuant to Section 136 of the Highway Law for the proposed access and any improvements this Department deems necessary along the County right-of-way" and the Southold Town Planning Board accepts this for approval; and WHEREAS, on July 16, 2007, the Southold Fire District responded, after review of the site plan, with approval of the map and found that "there is adequate fire protection"; additionally, "the Board would like to reserve the right to review the above site plan if changes occur to this property or to other property in the immediate area" and the South old Town Planning Board accepts this response for conditional approval; 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; and WHEREAS, on August 14, 2007, the Southold Town Planning Board, acting under the State Environmental Quality Review Act (6 NYCRR), Part 617 Article 6, initiated the SEQR lead agency coordination process of the Unlisted Action; and WHEREAS, on August 15, 2007, the Southold Town Building Inspector reviewed and certified the site plan with "the proposed use winery is a permitted use in this A-C District" and the Southold Town Planning Board accepts this for approval; and WHEREAS, on August 22,2007, the Southold Town Planning Board set the final public hearing for September 10, 2007 at 6:05 p.m.; and Southold Town Planninq Board Paqe Six September 10, 2007 WHEREAS, on August 23,2007, the Architectural Review Committee reviewed the associated site plan materials and issued a comment that they "fully endorse this application as shown today" and the Southold Town Planning Board accepted these comments for approval consideration; and WHEREAS, on August 23,2007, the Suffolk County Department of Public Works responded with no objection to the Town of Southold Planning Board assuming lead agency status and additionally indicated a permit has been previously issued under #48-236 and that such permit has not been fully executed by the applicant and the Southold Town Planning Board accepts this for approval; and WHEREAS, on August 29,2007, the Southold Town Engineer reviewed the site plan material and responded with the following recommendations: . Please note that the proposed disturbance resulting from the renovation of existing facilities and other construction activities which include grading of this site will be greater than one (1) acre in area. [This would include the new driveways, drainage areas, parking areas and the proposed expansion of the building envelope.] This project will require coverage from NYS Department of Environmental Protection (DEC) under the Phase II State Pollutant Discharge Elimination System (SPDES) Program. The developer must obtain coverage under the General Permit for Storm-water Run-off from Construction Activity (GP- 02-01) prior to the initiation of construction activities. . Drainage calculations have been provided and the proposed drainage design meets the minimum requirements of Town Code Section 236 for Storm-water Management. . I have also reviewed the ZBA Determination on file for this project, (Appeal No. 5520 - Setback Variance). This determination, which approved the existing front yard set-back, had a condition attached to it. It states, "with the CONDITION 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". The site plan calls for existing vegetation to be removed. This item should be reviewed and approved by the ZBA. If the proposed landscaping does not meet with their approval, the landscape plan will need to be revised accordingly and the Planning Board agreed with these recommendations; and WHEREAS, on September 6,2007, Nancy Steelman, R.A., submitted six ( 6) revised site plans, a letter indicating" an additional note on our Landscape Plan, Sheet #4 stating existing plantings to be removed pending ZBA approval" and enclosed a copy of South old Town Planninq Board Paqe Seven September 10. 2007 the NYSDEC SPEDES General Permit Application for the file and the Southold Town Planning Board accepts this for approval; and WHEREAS, on September 7,2007, 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 Southold Town Planning Board accepts this recommendation for approval; and WHEREAS, on September 10, 2007, the Planning Board has not received any additional comments or objections to the proposed action; and WHEREAS, the Southold Town Planning Board, pursuant to Chapter 55, Notice of Public Hearing, has received affidavits that the applicant has complied with the notification provisions; and WHEREAS, the following items shall be required: 1. All outdoor lighting shall be shielded so that the light source is not visible from adjacent properties and roadways. Lighting fixtures shall focus and direct the light in such a manner as to contain the light and glare within property boundaries. The lighting must meet Town Code Requirements. 2. All signs shall meet 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; be it therefore RESOLVED, that on September 10, 2007, the Southold Town Planning Board, acting under the State Environmental Quality Review Act, performed a coordinated 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; Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: That motion carries. Southold Town Plannina Board Paae Eiaht September 10. 2007 Joseph Townsend: and be it further RESOLVED, that the Southold Town Planning Board has reviewed the proposed action under the policies of the Town of Southold Local Waterfront Revitalization Program and has determined that the action is consistent with the Policy Standards as noted in the September 7, 2007 report prepared by the LWRP Coordinator; Georae Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. Joseph Townsend: and be it further RESOLVED, that pursuant to Southold Town Code 280-131 Part I, the applicant agrees to incorporate all the requirements, comments, and recommendations of each reviewing agency as referenced above and as indicated on the site plan and corresponding attachments; Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Joseph Townsend: and be it further RESOLVED, that the South old Town Planning Board grant approval on the site plan set 1-8 prepared by Samuels & Steelman and certified by Nancy L. Steelman Architect, dated as follows: Plan Numbers 1, 5, 6, 7 & 8 are dated August 7, 2007, Plan Numbers 2 & 3 are dated August 30, 2007 and Plan Number 4 is dated September 6, 2007, and authorize the Chairperson to endorse the site plan after the revised landscape plan is submitted and approved by the Planning Board with the following conditions: 1. The owner, agent and/or applicant proposed to enhance/change the landscape on the County Road 48 Frontage and submit a revised landscape plan Drawing Number 4 detailing the landscape enhancements/changes to be reviewed and approved by the Southold Town Planning Board. 2. The owner, agent and/or applicant proposed to install signage that strictly prohibits bus use of the site and install such signage to the satisfaction of the Southold Town Planning Board. 3. 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 Southold Town Planninq Board Paqe Nine September 10. 2007 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. 4. The owner, agent and/or applicant shall apply for a changed approval from the Southold Town ZBA for the landscape changes as shown on this site plan or must meet the condition as imposed by the ZBA in Appeal #5520 and revise the approved site plan landscape as required. 5. The owner, agent and/or applicant shall receive permit approval from the Suffolk County Department of Public Works 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 Public Works 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. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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 Southold Town Plannina Board Paae Ten September 10. 2007 Board to perform an on-site inspection to find the site improvements are in conformity with the approved site plan. 11. Prior to the request for an on-site inspection, the applicanUagenUowner must submit a copy of all required approvals from any necessary agencies to the Southold Town Planning Department. 12. 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. 13.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. 14. 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. 15. 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. Georae Solomon: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Carried. Thank you. ******************************************* 6: 1 0 p.m. - New Cinaular Wireless/East Marion Fire District - This site plan is for the co-location of Cingular at 10T height, on an approved neutral blue/gray 110' communications unipole tower with fire/police emergency communication mounted on a crossbar at 30' and includes a 16' x 22' enclosure with a 6' high fence on a 3.0583-acre split-zoned parcel in the R-40 & HB Zones located on the n/s/o NYS Route 25, approximately 494' w/o Stars Road, in East Marion. SCTM#1000-31-3-11.31 Southold Town Planninq Board Paqe Eleven September 10, 2007 Chairperson Woodhouse: Is there someone who would like to speak on this application? Rvan Dassau: Yes. Good evening. I am an attorney with the firm Munley Meade Nielsen & Re, 36 North New York Avenue, Huntington, NY 11743, appearing on behalf of the applicant, Cingular Wireless. You are all aware of the history behind this, an independent application was made by the East Marion Fire District earlier this year. They received Zoning Board approval and later a Building Permit. Following that, New Cingular Wireless received Zoning Board approval as well, and now we are here. Simply, the application is to co-locate three antennas within the existing approved 110' pole, and install some related cabinetry on the ground level. The cabinetry will be fenced. I believe the compound is 16 X 22'; there will be landscaping on three sides, and it is going to be installed directly behind the accessory building located at the East Marion Fire District. Now I have two witnesses here who also appeared at the Zoning Board Hearing, if you have any questions. Also, Mr. Boyd is here representing the Fire District if you have any questions for him. Otherwise, we're all set. Chairperson Woodhouse: Thank you. Is there anyone else who would like to address the Board on this application? Joseph McCarthv: Good evening. I am the property owner immediately adjacent to the subject property to the east. I have no problem with the tower as it is presented. I just want to make sure that, in looking at the file, I see that there's a 110' setback that's recommended by the Town Engineer, and I see that it's delineated as only referencing the back portion going to the north. Since I own property immediately to the east, I want to make sure that 110' setback is all the way around, and not just to the north as delineated. That's one issue. Maybe we can deal with that before I move onto the next. Chairperson Woodhouse: Let's stop and go, then. Rvan Dassau: The setback to the north is the shortest setback: which direction? Joseph McCarthv: I'm directly to the east. Rvan Dassau: To the east the setback of the compound is approximately, it looks like 171 Y, feet. Joseph McCarthv: That takes care of that. It wasn't delineated in there, so I just wanted to make sure before we go further. My only other issue is: I'll just state, I'm a fireman as well, I'm all in favor of increased communications; I think they're not only necessary, they should be mandatory. My question is: in the original application, the communication tower is supposed to be 120', and now it's 110', but it was already South old Town Plannina Board Paae Twelve September 10. 2007 supposed to be for the Fire Department, the Police Department and emergency communications was supposed to be at the very top of the tower at 100' and again, below 96'. It's now requested to be at the 30' level. I'm wondering why there's such a discrepancy. Edward Bovd: Southold, NY representing the East Marion Fire District. The High Band Antenna is indeed going to be at the top of the monopole at the 110' level. What is referred to here as lower level, mounted on a cross bar at 30', will be for what we call "Low Band Communication," something in the 46 megahertz range which is presently being used. The antenna that we are seeking, that we have already received permission for, the high band location, will be at the very top of the pole, so there is no question about that. Joseph McCarthv: OK. My concern was brought about by the fact that the building code allows for 35' structures. And if you're at 30', and you have a permission for 110', if at some point in the future that 30' antenna might become necessary again, why not move it up to 40' so you're a couple of feet above the 35' allowable building height; just eliminate it before it happens. I just want to make sure that you get the most bang for the buck and there's more communications than is absolutely necessary. Edward Bovd: We have very carefully examined the location for the low band communication. I'm a little surprised to see 30' in here, I believed it was going to be 46'; I think that's what the plans will show. I could be in error on that because I haven't looked at the low band location for a while. But everything we are putting on that tower for emergency communication purposes is being put there at the height that has been suggested and endorsed by our experts in the field. Joseph McCarthv: I see from the diagram that it's 3D' above ground level from the base of the antenna; those are 10' reps; that'll get the top of the low band antennas to 40', which is right in the range we are supposed to be at. Chairperson Woodhouse: Does that answer your concern? Joseph McCarthv: Yeah. The only thing I would say to that is that it says it's on a cross bar. A cross bar is usually flat, and if it's on a flat cross bar at 30' then you're not going to get that extra height. If it is indeed on whip antennas, off of the cross bar, then that's a different story; that'll give us the extra height, that's fine. Rvan Dassau: One thing, just to amend my earlier statement, I said 171W, that is incorrect. It's actually 197'. I was looking at the setback from the existing accessory building. So the pole will be 197' from your property line. Southold Town Plannina Board Paae Thirteen September 10. 2007 Chairperson Woodhouse: OK. Is there anyone else who would like to address the Planning Board on this application? Robin Emont: I live in East Marion. A couple of things I feel about the cell tower. One is that it's gigantic. It's a foot shorter than the Statue of Liberty. That seems extreme to me in East Marion. From what I understand, 60' is enough to get them the communications access that they want, so I don't see why we need another 50' more. Also, in East Marion we have a war memorial post office, with a war memorial from WWI, II, Korea, Vietnam, and who knows what next. And as far as I understand, a cell tower is not supposed to be within 100' of a memorial, so I feel that is an important issue. Also, we are talking about a Halo District. Having a Halo District in East Marion, which is still being decided, and here they want to plop down the cell phone tower in the middle of it; that means the Halo would have to be designed around the cell tower. I don't understand why it needs to be there. I don't understand why it needs to be 50' taller than necessary, and I really think that this should be given more thought. It's very important to the people in East Marion to work on this Halo District, and it's just gonna disturb the whole thing in my opinion. Chairperson Woodhouse: Thank you. I just need to let you know, however, that the decision on the height was granted by the Zoning Board of Appeals, and so that's not up to discussion among us at this particular point in time. Robin Emont: Right. Well, what I was told is that the Fire District doesn't want the pole unless they're gonna get Cingular and all the other folks to get on board, which means to get money. And they claim that they aren't able to use their cell phones or whatever in the area. I was told by one member of the Fire Department that there was not an incident in their records that occurred because they had a loss of communications. Also, the cell tower technology is going to be obsolete soon; they're going to use satellite phones and repeaters and all kinds of other things. I don't know why the moratorium didn't cover East Marion. I'm sorry I missed that meeting, but I don't think they should be allowed to continue on with this project. That's my thoughts. And if they don't get the Cingular antenna, they don't want to continue it. So I'm here to say that I don't think they should get the Cingular antenna, or anybody else's. Thank you. Chairperson Woodhouse: I can answer one of your questions about the moratorium. The local law doesn't apply as per the exclusion which states that applications for co- location of wireless telecommunication facilities inside a permitted tower with no component parts visible from the exterior are excluded from the moratorium; so this was not covered by the moratorium. Rvan Dassau: The only thing I could add is that, as you said, we are here just co- locating on a tower that's already been approved, and a building permit has been issued. Southold Town Planninq Board Paqe Fourteen September 10, 2007 Joe Townsend: I did see something, and I'm not 100% certain, but it seems to me I saw a letter in the file from the people in the War Memorial Post Office. Was there a letter in the file on that? Bruno Semon: I am not aware of that, Mr. Townsend. We'd have to look. Joe Townsend: OK, I have to check; my memory sometimes fails me. I thought they had already addressed that issue; but I'll have to check that further. The point that they made is that the tower itself has already been approved; this is a co-location request. Robin Emont: Is this 300' from the war memorial? Joe Townsend: I guess it is; I guess it would be. If it is 190' from Mr. McCarthy's house, I think it's gotta be 300' from the memorial, is that correct? Rvan Dassau: It's over 300', yes. The compound is 345' from the back of the existing firehouse, so you could add on another 100 or so feet. Robin Emont: (inaudible) Chairperson Woodhouse: Is there anyone else who would like to address the Board on this application? Linda Goldsmith: I also live in East Marion, directly across the street from the Fire Department where the cell phone tower will be located. I just have one question: and I'm a little bit confused, so please bear with me. If the Fire Department needs a tower that's only 60' high, but they applied for a tower 110' high, was that height specifically applied for so that a commercial cell phone vendor could be located on it; and if so, I am one that feels that if indeed East Marion needs the extra communication and a cell phone tower, the taxpayers should build what we need without having to rely on any commercial vendors. So I'm just wondering if the tower is the height it is because it is necessary for fire communication or because we are hoping that it will be built or expecting it to be built by a commercial vendor? And that's my only question. Rvan Dassau: Simply put, it's because of fire communications. The Fire Department made an independent application prior to this which is not subject to this public hearing. At that time, the 110' was granted by the Zoning Board and the building permit was issued for the purposes of the Fire Department. Linda Goldsmith: I understand that, but I am still asking the question: How high does a commercial cell phone tower need to be for effective communication? One such as Cingular. I'm just asking the question. Southold Town Planninq Board Paqe Fifteen September 10. 2007 Chairperson Woodhouse: We do not have the information to respond to you on that. It would be a ZBA matter, unless the applicant has other information they want to share. Ed Bovd: Just let me clarify this issue, please. For the Fire District communications, using the 450 megahertz band, which is what most of the departments are going to, our experts told us that we required 120' at the base of our antenna. We made application to the Zoning Board of Appeals for 120', we were granted 110'. We don't have quite the height that we wished to get; we hope that we will be effective at 110, a slightly lower amount. That height was not picked out of the air, it was not picked out as a result of providing ample room on the tower for cellular communications or anything like that; it was a figure that was arrived at looking at the topography of the area and the requirements for the 450 megahertz communication. The antenna that we're putting at the top of the tower is for the receipt of messages from handheld units that are out in the field. That height is required to give us the appropriate communications. Chairperson Woodhouse: Are there any additional questions or comments? I will entertain a motion to close the hearing. Ken Edwards: So moved. Joe Townsend: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: I will read this one because there's a change on it: WHEREAS, this site plan is for the co-location of Cingular at 101' height, on an approved neutral blue/gray 110' communications unipole tower with fire/police emergency communication mounted on a cross bar at 30' and includes a 16' x 22' enclosure with a 6' high fence on a 3.0583-acre split-zoned parcel in the R-40 & HB Zones located on the n/s/o NYS Route 25, approximately 494' w/o Stars Road, in East Marion. SCTM#1000-31-3-11.31; and WHEREAS, East Marion Fire District is the owner of the property located on the n/s/o NYS Route 25, approximately 494' w/o Stars Road, in East Marion; and WHEREAS, on December 9, 2005, the agent, Lawrence C. Re, working for New Cingular Wireless PCS, LLC, submitted a formal site plan for approval; and Southold Town Planninq Board Paqe Sixteen September 10. 2007 WHEREAS, on January 6, 2006, the New York State Department of Transportation responded after review and determined a permit would not be necessary as long as all work is out of the State ROW; and WHEREAS, on January 6, 2006, the East Marion Fire District responded that current fire access is sufficient for the proposed plan and that "the landscaping be up-graded to fully screen all fencing, including barbed wire in addition to other ground equipment and structures"; and WHEREAS, on January 11, 2006, the Suffolk County Department of Planning responded after review and determined this matter is for "local determination as there appears to be no significant county-wide or inter-community impact(s)" and the Planning Board accepts this pursuant to 239L & M General Municipal Law; and WHEREAS, on March 1, 2006, the Architectural Review Committee reviewed the architectural drawings and associated site plan materials and recommended "a re- consideration of height and location to reflect impact on existing and future nearby residential properties"; and WHEREAS, on May 4, 2006, the Architectural Review Committee reviewed the architectural drawings and associated site plan materials and suggested street trees be added to the east side of the property along NYS Route 25 and the Planning Board forwarded this recommendation to the Southold Town Tree Committee for comment; and WHEREAS, on July 24, 2006, a new agent, Edward J. Boyd, Esq., working for East Marion Fire District, submitted a revised site plan and application for approval; and WHEREAS, on September 12,2006, the South old Town Planning Board acting under the State Environmental Quality Review Act, pursuant to 6 NYCRR Part 617.7, performed a coordinated review of this Unlisted Action. The Planning Board established itself as lead agency, and as lead agency, made a determination of non-significance and granted a Negative Declaration; and WHEREAS, on December 14, 2006, the Architectural Review Committee reviewed the architectural drawings and associated site plan materials and approved the tower's change in color to light blue; and WHEREAS, on March 8, 2007, the Southold Town Zoning Board of Appeals, under Appeal Number 5972, denied the variance as applied for and granted "a variance in the location shown on the 6-17-06 Infinigy Site Diagram (setbacks 105 feet from the north lot line, 196:t feet set back from the westerly lot line), at a maximum antenna height of 110 feet, subject to the following conditions: Southold Town Planninq Board Paqe Seventeen September 10. 2007 1. The covering of the monopole shall be painted a color that will make it blend into the area. The board suggests a neutral color such as gray or gray-blue. 2. No flag shall be placed upon the monopole antenna. 3. The monopole shall not be lighted except as required by law"; and WHEREAS, on April 19, 2007, the Southold Town Building Department issued a Building Permit for the "construction of an emergency communications tower per ZBA #5972 as applied for" under Building Permit #32920Z; and WHEREAS, on August 16, 2007, the Southold Town Zoning Board of Appeals granted a Special Exception described under Appeal Number 5826 for the proposed co-location of a wireless communications antenna on an existing approved tower; and WHEREAS, on August 22,2007, the South old Town Engineer responded, after review, with three (3) comments and the Planning Board accepted the following comments with the exception of comment #3: 1. The proposed new "Unipole" Telecom Tower and Equipment Compound is to be constructed on the north side of the existing Fire Department facilities in the open lawn area. The proposed area of new impervious surfaces for this project will not generate a significant amount of stormwater run-off. Therefore, it is recommended that the proposed landscaped areas be constructed within a slight depression to contain and recharge run-off that will be generated by the development of this site. 2. It is not clear if there are any additional roadways or pavement surfaces proposed for access to this equipment compound? If there are, drainage calculations may be required. If no additional site improvements are proposed, additional drainage structures will not be required. 3. The proposed setback from the northerly residential property line for the installation of the Cingular Unipole has been indicated as +/- 105'. This setback is in excess of Town Code Requirements, 100' under Section 280-69 (3), but this unipole is detailed at a height of 110'. It is recommended that this setback be a minimum of 110'; and WHEREAS, on September 6,2007, the Southold Town Building Inspector reviewed and responded "The proposed use Wireless Communication Facility on an existing telecommunication tower is a permitted use by Special Exception in this R-40 District and is so certified" with a reference to the ZBA Appeal #5826; and Southold Town Planninq Board Paqe Eiqhteen September 10, 2007 WHEREAS, on September 6,2007, the East Marion Fire District submitted a letter stating, "The Board of Fire Commissioners of the East Marion Fire District requests that evergreen screening be placed on all four sides of the equipment compound at the base of our tower. In addition, the Board of Fire Commissioners reserves the right to grant final approval for all plantings" and the Planning Board accepts these comments for the file and is not requiring additional landscape at this time; and WHEREAS, on September 7,2007, the Southold Town Tree Committee responded after review stating: "It is our conclusion there is no need for additional trees on or near the road front of this property" and the Planning Board accepts this recommendation; and WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has received affidavits that the applicant has complied with the notification provisions; and WHEREAS, the following items shall be required: 1. All outdoor lighting shall be shielded so that the light source is not visible from adjacent properties and roadways. Lighting fixtures shall focus and direct the light in such a manner as to contain the light and glare within property boundaries. The lighting must meet Town Code requirements. 2. 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, in a memo dated April 26, 2006 prepared by the LWRP Coordinator, that the action is consistent provided that the Best Management Practices outlined are implemented including: 1. Require the use of native plants and encourage the use of disease-resistant and drought-tolerant plants in landscaping. 2. Require a Maintenance Plan and two year survival requirement for all planted vegetation. 3. Recommend the use of mulch materials generated by the Town of Southold Compost Facility which contribute to the replenishment of organic matter in local soils and help reduce the reliance of fertilizers and herbicides and minimize the reduction of fertilizers and herbicides in the Town's ground and surface waters; Southold Town Planninq Board Paqe Nineteen September 10. 2007 Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: and be it further RESOLVED, that the Southold Town Planning Board acting under the State Environmental Quality Review Act, pursuant to 6 NYCRR Part 617.7, issues a revised Negative Declaration for this Unlisted Action to reflect the current proposed build out of the site; Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: and be it further RESOLVED, that Local Law 16 entitled "Temporary Moratorium on the Processing, Review of, and making Decisions on application for Building Permits, Site Plans and Special Exception Use Permits for Wireless Communication Facilities in the Town of Southold", does not apply as per the exclusion which states: "Applications for co-location of wireless telecommunications facilities inside a permitted tower, with no component parts visible from the exterior;" Ken Edwards: Second the motion. 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. Southold Town Planninq Board Paqe Twentv September 10, 2007 Chairperson Woodhouse: and be it further RESOLVED, that the Southold Town Planning Board grant approval on the site plan packet, T01 and Z01-Z05 prepared by Infinigy Engineering and certified by John S. Stevens, P.E., dated June 20, 2006 and last revised April 16, 2007, and authorize the Chairperson to endorse the site plans with the following conditions: 1. The owner, agent and/or applicant agrees to submit, in writing, any proposed changes in landscaping from the approved site plan to the Planning Board for review. The Planning Board reserves the right to request a revised site plan detailing any changes in landscaping if necessary. 2. The site plan approval requires that all work proposed on the site plan shall be completed within three (3) years from the date of this resolution. 3. Prior to the request for the Certificate of Occupancy, the owner or authorized agent must request, in writing, the said Building Inspector and the Planning Board to perform an on-site inspection to find the site improvements are in conformity with the approved site plan. 4. Prior to the request for an on-site inspection, the applicant/agent/owner must submit a copy of all required approvals from any necessary agencies to the Southold Town Planning Department. 5. If the as-built site improvements vary from the approved site plan, the Planning Board reserves the right to request a certified as-built site plan detailing all the changes. 6. Any changes from the approved site plan shall require Planning Board approval, and any such changes without Planning Board approval will be subject to referral to the Town Attorney's Office for possible legal action. 7. The Planning Board will issue a final site plan approval in the form of a letter following a site inspection and at the time the site improvements are found to be in conformance with the approved site plan. Joe Townsend: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: That motion carries. Southold Town Planninq Board Paqe Twentv-One September 10. 2007 Hearings Held Over From Previous Meetings: Charnews, Daniel & SteDhanie - 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' south of CR 48, in Southold. SCTM#1000-63-1-25 ChairDerson Woodhouse: I will entertain a motion on the Charnews Subdivision to hereby hold the public hearing open. Ken Edwards: So moved. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: That motion carries. ************************************** CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE- SUBDIVISIONS (Lot Line Changes) Final Determinations: FITF, LLC - This standard subdivision involves the subdividing of a 3.30-acre, split-zoned parcel into two lots where Lot 2.1 is located in the R-80 Zoning District and equals 2.48 acres; Lot 2.2 is zoned R-40 and equals .82 acres. Lot 2.1 is proposed to be purchased by the Town of Southold for open space purposes. The parcel is located on the w/s/o Reservoir Road, approximately 365' north of Winthrop Drive, on Fishers Island. SCTM#1000-9-8-2 Ken Edwards: I will offer the following resolution: WHEREAS, the proposed action involves subdividing a 3.30-acre, split-zoned parcel (SCTM# 1000-9-8-2) into two lots where Lot 2.1, located in the R-80 Zoning District, equals 2.48 acres and is proposed to be purchased by the Town of Southold for open space purposes; and Lot 2.2 is zoned R-40 and equals .82 acres; and WHEREAS, on February 12, 2007, the Southold Town Planning Board granted a Negative Declaration for this project pursuant to SEQRA; and South old Town Planninq Board Paqe Twentv-Two September 10. 2007 WHEREAS, on March 12,2007, the Southold Town Planning Board granted conditional final approval upon the map prepared by CME Associates Engineering, Land Surveying & Architecture, PLLC, dated August 16, 2006 and last revised on September 25,2006; and WHEREAS, on September 10, 2007, the applicant submitted copies of the Declaration of Covenants and Restrictions that were filed in the Office of the County Clerk on.....; and WHEREAS, on September 10, 2007, the applicant submitted five (5) mylars and eight (8) paper prints of the final map prepared by CME Associates Engineering, Land Surveying & Architecture, PLLC, dated August 16, 2006 and last revised on September 25, 2006; be it therefore RESOLVED, that the Southold Town Planning Board finds that all of the conditions of conditional final plat approval have been satisfied and that the requirements for subdivision approval pursuant to Chapter 240 of the Town Code have been fulfilled by the applicant; Georqe Solomon: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Ken Edwards: and be it further RESOLVED, that the South old Town Planning Board hereby grant final plat approval upon the map prepared by CME Associates Engineering, Land Surveying & Architecture, PLLC, dated August 16, 2006 and last revised on September 25, 2006, and authorize the Chairperson to endorse the maps, subject to the following: 1. In the event that the sale of the open space parcel to the Town of Southold is not completed pursuant to the approved subdivision map, this approval shall be rendered null and void. 2. The Town of Southold Building Department shall not issue building permits for Lot 2 on the approved subdivision map until the sale of the open space parcel is completed pursuant to the approved subdivision map and copies of all legal instruments relating to the preservation of this land is submitted to the Planning Board office. Joe Townsend: Second. Southold Town Planninq Board Paqe Twentv-Three September 10, 2007 Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Thank you. That motion carries. ****************************************** Conditional Final Extensions: Savits. Barrv - This proposal is to subdivide a 12.454-acre parcel into three lots, where Lot 1 equals 1.23 acres, Lot 2 equals 1.034 acres and Lot 3 equals 10.19 acres, inclusive of a .73-acre building envelope and 7.854 acres of subdivision open space. The property is located on the elslo Sound View Avenue, approximately 932 ft. nlo Mill Road, in Peconic. SCTM#68-4-16.1 Georqe Solomon: WHEREAS, this proposal is to subdivide a 12.454-acre parcel into three lots, where Lot 1 equals 1.23 acres, Lot 2 equals 1.034 acres and Lot 3 equals 10.19 acres, inclusive of a .73-acre building envelope and 7.854 acres of subdivision open space; and WHEREAS, on March 13,2007, the Southold Town Planning Board hereby granted conditional final plat approval, upon the map prepared by Stanley J. Isaksen, L.S., dated August 12, 1999 and last revised December 20, 2006; and WHEREAS, by letter dated August 9,2007, the applicant requested an extension of time to meet the conditions of conditional final approval, which is set to expire on September 13, 2007; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants an extension of time for conditional final approval effective September 13, 2007 through March 13, 2008. Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: That motion carries. ************************************** Southold Town Planninq Board Paqe Twentv-Four September 10. 2007 Conditional Sketch Determinations: 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 Developments Rights to the County of Suffolk. The property is located at the terminus of Kirkup Lane, slo Sound Avenue, in Mattituck. SCTM#1000-125-1-5.1 Joe Townsend: WHEREAS, 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 Developments Rights 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 May 2,2007; and WHEREAS, the proposal meets the conservation subdivision criteria and is hereby classified as a Conservation Subdivision pursuant to Chapter 240 of the Town Code; and WHEREAS, on 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 Nathan Taft Corwin III, L.S., dated May 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 the Jacoby Family Limited Partnership. b. Show building envelopes for each of the lots based on the nonconforming setbacks pursuant to 280-124 of the Southold Town Code. c. Label the open space parcel as Lot 3 and refer to it as Deed of Development Rights Sale to Suffolk County. Show the lot area in both square footage and acreage. d. Specify that the clustered subdivision open space is equal to 69,758 square feet and is within the preserved land on Lot 3. Southold Town Plannina Board Paae Twentv-Five September 10, 2007 e. 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. f. 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. g. 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 & Restrictions affect the subdivision and the properties within. h. 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 Lot 2 shall be from the 16'-wide right-of-way over Lot 1 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. d. All utilities must be located underground. e. The clustered subdivision open space is equal to 69,758 square feet and is within the preserved 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. 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- 02-01) administered by the New York State Department of Environmental Conservation under Phase II State Pollutant Discharge Elimination System. i. 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 or Laurel Lake in any manner. Southold Town Planninq Board Paqe Twentv-Six September 10. 2007 j. 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 no longer be valid. k. 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 Access Easement. 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. Submission of the Park and Playground Fee in the amount of $3,500 ($3,500 for each new residential lot being created). Georqe Solomon: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: That motion carries. A nice application to vote on. ************************************** 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 elslo Peconic Lane, approximately 333 ft. slo County Road 48, in Peconic. SCTM#1 000-74-3-16 Ken Edwards: I will entertain the following motion: 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 Southold Town Planninq Board Paqe Twenty-Seven September 10. 2007 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 August 15, 2007, the applicant submitted a revised sketch plan prepared by John T. Metzger, L.S., dated June 24,2005 and last revised on May 8, 2007; and WHEREAS, the Southold Town Planning Board reviewed the revised sketch plan at their Work Session on September 4, 2007 and found that sufficient information has been submitted to issue conditional sketch approval; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants Conditional Sketch Approval on the map prepared by John T. Metzger, L.S., dated June 24, 2005 and last revised on May 8,2007, 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 Robert and Patrick Adipietro." b. Add a north arrow to the map. c. Show a minimum of 15'-wide vegetated buffers along the perimeter of the property. Maintain the existing hedge along the northwest property line where the proposed right-of-way is located. d. 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. e. State that the subdivision has been adopted pursuant to the terms of the amended Chapter 240, Subdivision of Land effective August 24. 2004. f. Add a note which states that the existing barn shall be re-Iocated into a conforming location prior to the issuance of final plat approval. g. Show the proposed right-of-way attached to Lot 2 or 3 and provide the lot area with and without the area of the right-of-way. 2. Submission of Draft Declaration of Covenants and Restrictions containing the following clauses: Southold Town Plannina Board Paae Twentv-Eiaht September 10. 2007 a. Prior to the issuance of final plat approval, the existing barn on proposed Lot 2 shall be relocated into a conforming location. b. Reference the vegetated buffer areas, including location and width, and indicate that these areas are to remain in their natural state. c. No changes to any of the lot lines without Planning Board approval. d. All storm water runoff resulting from the development of any or all of the lots on the subdivision map shall be retained on site and shall be the responsibility of each property owner. e. Prior to any construction activity on Lot 1, the project will require a General Permit for the storm water runoff from construction activity (GP-02-01) administered by the New York State Department of Environmental Conservation under Phase II State Pollutant Discharge Elimination System. f. Specify the clearing limits for Lots 2 and 3 and refer to the appropriate section of the Town Code. g. All utilities serving the lots shall be located underground. 3. Submission of a Letter of Water Availability from the Suffolk County Water Authority. 4. Review by the Town of Southold LWRP Coordinator. 5. Draft Road & Maintenance Agreement or Access Easement. 6. Submission of the Park and Playground Fee in the amount of $14,000 ($7,000 for each new residential lot created). This fee is payable prior to the issuance of final plat approval. Joe Townsend: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Thank you. ************************************** Southold Town Planninq Board Paqe Twentv-Nine September 10, 2007 CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE- SUBDIVISIONS (Lot Line Changes) - STATE ENVIRONMENTAL QUALITY REVIEW ACT Determinations: GriQonis. Estate of Antone - This proposal is for an 80/60 clustered conservation subdivision on 21.5978 acres of land into six (6) lots, where Lot 1 equals 45,384 sq. ft., Lot 2 equals 38,521 sq. ft., Lot 3 equals 40,738 sq. ft., Lot 4 equals 42,606 sq. ft., Lot 5 equals 7.31 acres and is proposed to be preserved through Sale of Development Rights to Suffolk County, and Lot 6 equals 10.14 acres and is proposed to be preserved through a Sale of Development Rights to Suffolk County. The properties are located on the west and east sides of Young's Avenue, south of Old North Road, in Southold. SCTM#1000-55-1-5.1 and 1000- 55-2-8.5 Georqe Solomon: WHEREAS, this proposal is for an 80/60 clustered conservation subdivision on 21.5978 acres of land (SCTM#1000-55-1-5.1 and 1000-55-2-8.5) into six (6) lots, where Lot 1 equals 45,384 sq. ft., Lot 2 equals 38,521 sq. ft., Lot 3 equals 40,738 sq. ft., Lot 4 equals 42,606 sq. ft., Lot 5 equals 7.31 acres and is proposed to be preserved through Sale of Development Rights to Suffolk County, and Lot 6 equals 10.14 acres and is proposed to be preserved through a Sale of Development Rights to Suffolk County; and WHEREAS, an application for sketch approval was submitted on January 17, 2007, including the sketch plan prepared by John T. Metzger, L.S., dated July 12, 2006 and last revised on January 11,2007, and the survey of the property identified as SCTM#1000-55-1-5.1, prepared by John T. Metzger, L.S., dated January 11,2007; and WHEREAS, the proposal meets the conservation subdivision criteria and is hereby classified as a conservation subdivision pursuant to Chapter 240 of the Town Code; and WHEREAS, this application involves two separate parcels but will result in the clustering of the entire yield on the property identified as SCTM#1 000-55-2-8.5, pursuant to Section 242-42(F) of the Town Code; and WHEREAS, on March 13,2007, the Southold Town Planning Board initiated the SEQRA Lead Agency Coordination for this project; 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 Plannina Board Paae Thirtv September 10. 2007 Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. ************************************** SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Unlisted Coordinated Actions: Warex Terminals Corp. - 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 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 Road 25 and Factory Avenue known as 9945 Main Road in Mattituck. SCTM#1000-142-1-27 Chairperson Woodhouse: 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 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; be it therefore RESOLVED, that the Southold Town Planning Board. pursuant to Part 617, Article 6 of the Environmental Conservation Law, acting under the State Environmental Quality Review Act, initiates the SEQR lead agency coordination process for this Unlisted Action. Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: That motion carries. Southold Town Planninq Board Paqe Thirtv-One September 10. 2007 OTHER - Scoping The Heritaae 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 manmade 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 Chairperson Woodhouse: 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 sq. ft. (27.676 acres) of landscaping; and various other site improvements including road pavement, patio and sidewalk improvements, all 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 ft. n/o 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, on July 30,2007, the agent, Charles Cuddy, Esq., submitted a Draft Scope to the Planning Board at their Work Session; and South old Town Planninq Board Paqe Thirtv-Two September 10. 2007 WHEREAS, on August 20,2007, the South old Town Planning Board held a Public Scoping Session and allowed for written comments until September 4, 2007, pursuant to Article 617.8, Scoping; be it therefore RESOLVED, pursuant to Article 617.13 of 6NYCC Part 617 State Environmental Quality Review, the applicant will be financially responsible for costs incurred for the review and website posting of the Draft and Final Environmental Impact Statements for the Town of Southold; Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: and be it further RESOLVED, that the Southold Town Planning Board, pursuant to Article 617.8, adopts the Final Scope for the Draft Environmental Impact Statement prepared by Nelson & Pope, PLLC and amended by the Town of Southold Planning Board dated September 10, 2007 and require that the agent address all issues. Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: That motion carries. ******************************************************** APPROVAL OF PLANNING BOARD MINUTES Chairperson Woodhouse: I am going to ask for a motion to approve the minutes of January 8,2007 and February 12, 2007. Georqe Solomon: So moved. Joseph Townsend: Second. Chairperson Woodhouse: All in favor? Ayes. Southold Town Plannino Board Paoe Thirty-Three September 10. 2007 Chairperson Woodhouse: That motion carries. ******************************************************** Chairperson Woodhouse: Is there any other business? Hearing none, I will entertain a motion to adjourn. Ken Edwards: So moved. Georoe Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: We are adjourned. Thank you very much. Thank you, staff, for your hard work. ********************************************************** There being no further business to come before the meeting, it was adjourned at 6:40 p.m. ~ Linda Randolph, Tr ~uJ~ . Woodhouse, Chairperson R::CEIV;:D I-fk~ 1d:ISIN 'I^P 1? 2008 lid-'.", 1'- e~~~oqel#Lk SDulhuld Tc..';,n Clerk