HomeMy WebLinkAboutPB-12/10/2007PLANNING BOARD MEMBERS
JERILYN B. WOODHOUSE
Chair
KENNETH L. EDWARDS
MARTIN H. SIDOR
GEORGE D. SOLOMON
JOSEPH L. TOWNSEND
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PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
PUBLIC MEETING MINUTES
Monday, December 10, 2007
6:00 p.m.
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
Carol Kalin, Secretary
SETTING OF THE NEXT PLANNING BOARD MEETING
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY
Telephone: 631 765-1935
Fax: 631 765-3136
RECEIVED f~
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JUN 1 12008
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Chairperson Woodhouse: Good evening, and welcome to the December 10th meeting
of the Southold Town Planning Board. For our first order of business, I will entertain a
motion to set Monday, January 14, 2008 at 6:00 p.m. at the Southold Town Hall, as the
time and place for the next regular Planning Board Meeting.
Martin Sidor: So moved.
Joe Townsend: Second.
Chairperson Woodhouse: All in favor?
Ayes.
Southold Town Planning Board Paae Two December 10, 2007
PUBLIC HEARINGS
6:00 p.m. - 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#1000-102-4-7.1. Following the transfer,
SCTM#1000-102-4-7.1 will equal .918 acres. The parcel is located on Alvah's
Lane, 2,056 ft. n/o Main Road (NYS 25) and s/o Middle Road (CR 48) in
Cutchogue.
Chairperson Woodhouse: Let me just state from the beginning that there will be an
opportunity for anyone to address the Board as part of each hearing. I would only ask
that when you speak to the Board you come up to either of the two podiums and sign or
print your name clearly so that we have a record of who speaks for our transcripts. Is
there anyone here who would like to speak on behalf this application? Hearing none, I
will entertain a motion to close this hearing.
George Solomon: So moved.
Martin Sidor: Second.
Chairperson Woodhouse: All in favor?
Ayes.
Chairperson Woodhouse: Would you please read the resolution?
Ken Edwards: WHEREAS, this proposal will subdivide a 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#1000-102-4-7.1 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
Conservation 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
Southold Town Planning Board Pape Three December 10. 2007
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
(Liber 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 the Planning Board
granted an extension effective March 13, 2007 until March 13, 2008; 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 Services; and
WHEREAS, 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; and
WHEREAS, the Southold Town Board approved the Grant of Drainage Easement and
Conservation Easement and authorized Supervisor Scott Russell to sign the agreement
on May 31, 2007; therefore, be it therefore
RESOLVED, that the Southold Town Planning Board finds that all of the conditions of
preliminary plat approval have been satisfied and that the requirements for subdivision
approval pursuant to Chapter 240 of the Town Code have been fulfilled by the applicant;
Martin Sidor: Second.
Chairperson Woodhouse: All in favor?
Ayes
Ken Edwards: and be it further RESOLVED, that the Southold Town Planning Board
hereby grants Conditional Final Plat Approval upon the map prepared by Stanley J.
Isaksen Jr., LS, dated June 11, 2002 and last revised November 15, 2006, and
authorize the Chairperson to endorse the maps upon fulfillment of the following
conditions:
1. The submission of twelve (12) paper prints and four (4) mylar prints of the
final map each containing:
Southold Town Planning Board Pape Four
December 10, 2007
a. An updated Suffolk County Department of Health Department stamp of
approval.
b. The liber and page number of the recording of the Grant of Drainage
Easement and Conservation Easement with the Suffolk County Clerk.
2. The submission of the Park and Playground Fee in the amount of $7,000 to
the Office of the Planning Board.
Joe Townsend: Second.
Chairperson Woodhouse: All in favor?
Ayes.
Chairperson Woodhouse: That motion carries. Thank you.
6:05 a.m. -The Blue Duck Bakery -This new site plan is for the proposed
conversion of an existing automotive service building to a bakery where 400 sq.
ft. is for retail, 1,680 sq. ft. is for storage and 1,080 sq. ft. is for food processing
where 8 parking spaces are required and 6 are provided, on a 10,211.40 sq. ft.
parcel in the Hamlet Business Zone located on the n/s/o New York State Road
25, approximately 576' east of Boisseau Avenue, known as 56275 Main Road, in
Southold. SCTM#1000-63-3-12
Chairperson Woodhouse: Is there anybody who would like to speak on behalf of the
Blue Duck Bakery application? Would the applicant like to say anything?
Keith Couris: My wife, Nancy and I are very excited to bring our business to Southold.
We love the community feeling of this town, and we think we are going to be a pertect
match, a perfect fit for the community. What we will be doing is artisan breads, which
means hand-crafted breads of different styles, and we will be a full service bakery with
cakes, cookies, pastries: a very traditional bakery. Everything will be made on premise
and we are really excited to be here and are looking forward to a long relationship.
Chairperson Woodhouse: Thank you. Is there anyone else who would like to address
the Board on this application? Hearing none, I will entertain a motion to close this
hearing.
Ken Edwards: So moved.
George Solomon: Second.
Southold Town Planning Board Page Five December 10. 2007
Chairperson Woodhouse: All in favor?
Ayes.
Joe Townsend: WHEREAS, the agent, Kristopher Pilles, submitted a formal site plan
for approval on September 14, 2007; and
WHEREAS, this new site plan is for the proposed conversion of an existing automotive
service building to a bakery where 400 sq. ft. is for retail, 1,680 sq. ft. is for storage and
1,080 sq. ft. is for food processing where 8 parking spaces are required and 6 are
provided with use of on street parking on a 10,211.40 sq. ft. parcel in the Hamlet
Business Zone located on the n/s/o New York State Road 25, approximately 576' e/o
Boisseau Avenue, known as 56275 Main Road, in Southold. SCTM#1000-63-3-12; and
WHEREAS, Pilles Realty Holding, LLC is the owner of the property located on the n/s/o
New York State Road 25, approximately 576' east of Boisseau Avenue, known as
56275 Main Road, in Southold; and
WHEREAS, on September 24, 2007, the Planning Board accepted this application and
issued a letter, dated September 25, 2007, to the applicant requesting revisions; and
WHEREAS, on October 11, 2007, Southold Fire District responded after review stating
"there is adequate fire protection"; and
WHEREAS, on October 17, 2007, the Suffolk County Department of Planning
responded, after review, and determined this matter is for "local determination as there
appears to be no significant county-wide or inter-community impact(s)" and the Planning
Board accepts this pursuant to 239E & M General Municipal Law; and
WHEREAS, on October 24, 2007, the Architectural Review Committee reviewed the
architectural drawings and made recommendations and the Planning Board accepted
these recommendations at their Work Session on November 19, 2007 and forwarded
them on to the applicant; and
WHEREAS, on October 29, 2007, the applicant submitted a Draft Boundary Line
Agreement with the neighbor to the west and this was forwarded to the Town Attorney
for review and comments; and
WHEREAS, on November 2, 2007, Planning Department Staff issued another letter to
the applicant detailing additional site plan items that need to be addressed; and
Southold Town Plannino Board Page Six
December 10, 2007
WHEREAS, on November 5, 2007, the Assistant Town Attorney responded, after review
of the boundary line agreement, with the following comments and the Planning Board
accepted these comments and forwarded them on to the applicant:
1. The agreement does not specify how wide or long the driveway shall remain, only
that it may remain "as same presently exists". To avoid dispute on this issue, the
Planning Board should require that the agreement specify the dimensions of the
existing driveway that it finds adequate for the purposes of the site plan.
2. The agreement does not expressly provide an easement to the applicant to allow
the applicant, and specifically its customers, to use the driveway in support of the
applicant's proposed commercial operation. The agreement should be revised to
do so; and
WHEREAS, on November 15, 2007, the Southold Town Building Inspector reviewed
and responded "The proposed use bakeshop is a permitted use in this HB District and is
so certified;" and
WHEREAS, on November 17, 2007, the Suffolk County Department of Health Services
responded, after review, stating that a formal commercial application should be
submitted, building foundations must be at least 10' from all leaching pools and an
exterior grease trap is necessary and the Planning Board accepted the comments and
forwarded them on to the applicant; and
WHEREAS, on November 19, 2007, the Southold Town Planning Board, acting under
the State Environmental Quality Review Act (6 NYCRR), Part 617.5 c, made a
determination that the proposed action is a Type II Action and not subject to review; and
WHEREAS, on November 26, 2007, the New York State Department of Transportation
responded, after review, stating that the applicant is required to address four (4) items
and the Planning Board accepts these comments conditionally; and
WHEREAS, on November 29, 2007, the Architectural Review Committee reviewed the
architectural drawings and approved the project and the Planning Board accepts this
recommendation; and
WHEREAS, on November 30, 2007, the Southold Town Engineer reviewed the site plan
materials and replied with comments and the Planning Board accepts these comments
conditionally; and
WHEREAS, on December 10, 2007, the applicant submitted a Revised Boundary Line
Agreement, authorized and filed with the Suffolk County Clerk on December 7, 2007
under LIBER # D00012533, Page 016, and the Planning Board accepts this agreement
and incorporates it in the approval; and
Southold Town Planning Board Page Seven December 10. 2007
WHEREAS, the Southold Town Planning Board generally approves of adaptive re-use
of existing buildings where appropriate, and that the re-use of this site as a bakery is a
desirable and appropriate addition to the Southold hamlet; and
WHEREAS, the Southold Town Planning Board recognized that this site, with its
existing building occupying much of the lot, presented a challenge to meeting the
parking requirements, agreed to reduce the parking requirement by a small amount in
exchange for adding landscaping to the front of the site, thus improving the aesthetic
appearance of the site; and
WHEREAS, the Southold Town Planning Board, pursuant to Town Code §280-131 B
(5), approves the installation of landscaping in front of the proposed bakery along NYS
Route 25 in lieu of two (2) parking spaces; 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:
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 the Southold Town Planning Board, pursuant to Town Code §280-131
B (5)(b), reserves the right to review the parking requirements again if a change of use
is proposed;
Ken Edwards: Second the motion.
Chairperson Woodhouse: All in favor?
Ayes.
Chairperson Woodhouse: Please continue.
Southold Town Plannino Board Paae Eiaht
December 10, 2007
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 consistent as
outlined in the November 19, 2007 memo prepared by the LWRP Coordinator;
Ken Edwards: Second the motion.
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;
Ken Edwards: 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 sheet and drainage plan prepared and certified by
Yousuf H. Tai, Professional Engineer, dated October 7, 2007, and authorize the
Chairperson to endorse the site plans with the following conditions:
The owner, agent and/or applicant must obtain approval from the Suffolk County
Department of Health Services for the approved construction and submit such
approval to the Southold Town Planning Department for review. If such approval
varies from this approved site plan, the Planning Board reserves the right to
review a new site plan application. A copy of the Suffolk County Department of
Health Services approved plan must be submitted to the Southold Town Planning
Department within thirty (30) days of receipt. If the applicant/agent/ownerfalls to
adhere to this requirement, this approval shall become null and void.
2. The owner, agent, and/or applicant must obtain approval from the New York
State Department of Transportation 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 the review of a new site plan application. A copy of the New York State
Department of Transportation approved plan and permit must be submitted to the
Southold Town Planning Department within thirty (30) days of receipt. If the
Southold Town Plannino Board Pa4e Nine December 10, 2007
applicant/agent/ownerfalls to adhere to this requirement, this approval shall
become null and void.
3. Keith Kouris, Vice President of Blue Duck Bakery Cafe, agrees to install a
doorbell and sign to incorporate additional accessibility for handicapped persons.
4. All work proposed on the site plan shall be completed within three (3) years from
the date of this resolution.
5. Prior to the request for the Certificate of Occupancy, the owner or authorized
agent must request in writing the Building Inspector and the Planning Board to
perform an on-site inspection to find that the site improvements are in conformity
with the approved amended site plan.
6. Prior to the request for an on-site inspection, the applicant/agent/ownerrnust
submit a copy of all required approvals from any necessary agencies to the
Southold Town Planning Department.
7. 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.
8. 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.
9. The Planning Board will issue a final site plan approval in the form of a letter
following a site inspection and at the time the site improvements are found to be
in conformance with the approved site plan.
Ken Edwards: Second the motion.
Chairperson Woodhouse: All in favor?
Ayes.
Chairperson Woodhouse: And that motion carries. Welcome to Southold.
6:10 p.m. - Onufrak. Peter -This proposal is for a standard subdivision of a
7.0415-acre parcel into iwo lots where Lot 1 equals 1.3366 acres and Lot 2
equals 5.7049 acres, inclusive of a 1.3365-acre building envelope and 4.3684
acres of subdivision Open Space that will be permanently preserved by a
Southold Town Plannino Board Page Ten
December 10, 2007
Conservation Easement. The property is located on the n/e/c/o CR 48 and Mary's
Road in Mattituck. SCTM#1000-114-5-1
Chairperson Woodhouse: This is the preliminary hearing and the resolution that we are
discussing is subject to two conditions. Is there anyone who would like to speak on
behalf of this application? Please state your name for the record.
Edward Sidor: I live at 200 Conklin Road in Mattituck, which is across the street from
the proposed Onufrak subdivision. I would like to address the Board that I own one
parcel of land, my wife actually owns that parcel of land and I own the second parcel of
land. One is a rental property, the other one is our main residence. Due to a Christmas
commitment, she is not able to make it here tonight, so I am also here to represent her.
Chairperson Woodhouse: OK.
Edward Sidor: At this time, I would like to go on record before the Board to say that we
have absolutely no objection to this subdivision. As you may or may not know, most of
the land around this area is already preserved in vineyards and in the farmland
preservation program. I think for our neighborhood, this particular subdivision is a good
thing. I think it is basically preserving more space, limiting what could possibly be built
there. So, I would urge the Board if it is in within their power or jurisdiction, that they do
approve this request for a subdivision. Thank you.
Chairperson Woodhouse: Thank you. Is there anyone else who would like to address
the Board on this application?
Pete Onufrak: I live at 1500 Mary's Road in Mattituck. It's the property that my wife and
I own and would like to subdivide so that my son and daughter-in-law and their two
children can build a home there. I enjoy the space around me. The only reason why I
would ever subdivide it is to have my grandchildren closer. My son is a Town
employee; he is a police officer. That's about it; I think it would be a good thing for
everybody. The rest of it's gonna stay natural. I like seeing the deer around. Even
though they eat some of my stuff, they were here first. Thank you.
Chairperson Woodhouse: Thank you. Is there anyone else 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.
Joe Townsend: Second.
Chairperson Woodhouse: All in favor?
Southold Town Planning Board Page Eleven December 10, 2007
Ayes.
George Solomon: WHEREAS, this proposal is for a standard subdivision of a 7.0415-
acre parcel into two lots where Lot 1 equals 1.3366 acres and Lot 2 equals 5.7049
acres, inclusive of a 1.3365-acre building envelope and 4.3684 acres of subdivision
Open Space that will be permanently preserved by a Conservation Easement; and
WHEREAS, an application for sketch approval was submitted on November 9, 2006,
including the sketch plan prepared by John T. Metzger, L.S., dated November 2, 2006;
and
WHEREAS, on August 14, 2007, the Southold Town Planning Board started the
SEQRA lead agency coordination process for this Unlisted Action; and
WHEREAS, on August 14, 2007, the Southold Town Planning Board granted
conditional sketch approval upon the map prepared by John T. Metzger, L.S., dated
June 29, 2006 and last revised on August 1, 2007; and
WHEREAS, on October 19, 2007, the applicant submitted the application for preliminary
plat approval, one (1) copy of the Draft Declaration of Covenants and Restrictions and
the preliminary plat prepared by John T. Metzger, L.S., dated June 29, 2006 and last
revised on October 5. 2007: and
WHEREAS, on November 9, 2007, the applicant submitted a Letter of Water Availability
issued by the Suffolk County Water Authority; and
WHEREAS, the Southold Town Planning Board, acting under the State Environmental
Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, established itself as
lead agency for the unlisted action and, as lead agency, granted a Negative Declaration
for the proposed action on November 19, 2007; therefore, be it
RESOLVED, that the Southold Town Planning Board hereby grants Preliminary Plat
Approval upon the map prepared by John T. Metzger, L.S., dated as last revised
October 5, 2007, subject to the following conditions:
1. Submission of the completed Application for Final Plat Approval. The submission
shall include twelve (12) paper copies & four (4) mylar copies of the final plat.
2. Submission of Draft Declaration of Covenants and Restrictions containing the
following clauses:
a. Future residents of the lots on the approved subdivision map are advised
that the lots are subject to the noise, dust and odors normally associated
Southold Town Plannino Board Pape Twelve
December 10, 2007
b. with agricultural activities pursuant to Article XXII, Farmland Bill of Rights,
of the Southold Town Code.
c. There shall be no further subdivision of any of the lots on the approved
subdivision map in perpetuity.
d. There shall be no changes to any of the lot lines without Planning Board
approval.
e. 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 via gutters,
downspouts and drywells and shall be the responsibility of each property
owner. Discharging of storm water into wetlands is prohibited.
f. Pursuant to § 240-49. Clearing, of the Southold Town Code, clearing of
Lot 1 shall be limited to 35% or 28,000 square feet of the total lot area.
g. There shall be no clearing, grading or ground disturbance within the 100'
non-disturbance buffer delineated on the plat.
h. Pursuant to § 240-35. Required improvements and utilities of the Southold
Town Code, all utilities serving the lots shall be located underground.
3. Submission of a Draft Conversation Easement for the open space area pursuant
to Section 240-44(C) of the Town Code. This document will be reviewed by the
Planning Board and referred to the Town Attorney for approval.
4. The submission of a completed LWRP Coastal Consistency Assessment Form.
5. Submission of a New York State Department of Environmental Conservation
Permit for the action or Letter of Non-jurisdiction.
6. Submission of the Park and Playground Fee in the amount of $7,000 ($7,000 per
new lot created).
Joe Townsend: Second.
Chairperson Woodhouse: All in favor?
Ayes.
Chairperson Woodhouse: And that motion carries.
Southold Town Planning Board Page Thirteen December 10. 2007
6:15 a.m. -Marco, Philia & Patricia -This proposal is for a
conservation subdivision of four parcels of land totaling 133
acres into eight lots where Lot 1 is 10.6125 acres and includes a
2.4879-acre building envelope and 8.1246 acres to be
preserved through a Development Rights Sale to the Town of
Southold; Lot 2 is 8.6160 acres; Lot 3 is 5.1462 acres; Lot 4 is
28.1383 acres and includes a 2.0134-acre building envelope
and 26.1249 acres to be preserved through a Development
Rights Sale to the Town of Southold; Lot 5 is 5.6667 acres; Lot 6
is 8.7294 acres and includes a 2.9496-acre building envelope
and 5.3298 acres to be preserved by a Conservation Easement;
Lot 7 is 5.478 acres and includes a 1.9773-acre building
envelope and 3.5705 acres to be preserved by a
Conservation Easement; Lot 8 is 58.6862 acres and includes a 2.0057-
acre building envelope and 56.6805 acres to be preserved through a
Development Rights Sale to the County of Suffolk. The properties are
located on the s/e/s/o Leslie's Road, the s/w/c/o Indian Neck Road and
the a/s/o Bay Avenue in Peconic. SCTM#1000-97-9-10.4 & 12; 98-1-2.'
& 27.1
Chairperson Woodhouse: Is there anyone who would like to address the Board
on this application?
Charles Cuddv: Good evening. I'm here on behalf of the applicants. The
Chairperson has indicated there are more than 90 acres that are to be
preserved through development rights sale and we have a contract to sell those
90 development acres to the Town. In addition, we have Health Department
approval for this map. Health Dept. is sending us that map that has been
signed by Vito Minei, who is head of that Dept. We have a Park & Recreation
fee which I will deliver to you tomorrow. We have a Road Maintenance
Agreement that we have prepared and submitted to the Board and to the Town
Attorney. There was a question about drainage; we have worked out the
drainage so it is in the road, so it is not going to be a problem anymore. I
believe that this is a more than appropriate subdivision because, as the Board
knows, you could have at least 17 lots at this site, even with the conservation
subdivision. You could have probably close to 50 lots if you had a standard
subdivision. So, to have seven additional lots, plus the existing house, and to
preserve more than 90 acres because there are only 32 of the acres that will be
developed, I think is a big plus for the Town, and I think it's the right thing to do
with this property. If there are any questions, Mr. Young is here from Young &
Young, who is drawing the map and who will also be pleased to answer
anything that the Board has.
Southold Town Planning Board Page Fourteen December 10. 2007
Chairperson Woodhouse: Thank you, Mr. Cuddy. Is there anyone else who
would like to address the Board on this application? Yes, sir?
Peter Walker: My property borders 800' of Mr. Marco's property. I have some
questions I'd like to ask. The notification, #1: I got a certified letter by mail and
as far as I know 1 was one of the only people who received a certified letter.
Neighbors to the west of me who also border Mr. Marco's property did not get
anything. I was curious about that. Two of my neighbors said they did not.
Chairperson Woodhouse: We do have a record of the mailing right here. Do
you have two specific names in question that we can look up?
Peter Walker: Harry Wicks and the Frischers. I'll go on. Two of my concerns
and questions would be Building Lot #7. It's on a rise; it's in the open with all
the acreage. Why so close to me? It's dropping my property value. I have
some photographs I'd like to show you. Back in the early '90's, when I built the
house, I was in the back working. I met Phil Marcos and we talked. The big
question in my mind then was, and I asked him: will this property ever be
developed? And he told me "never in my lifetime." I went by his word. But that
has changed. Also, the road going to lots 5 & 6 runs along the creek. It's
something else that we will be looking at when cars are going up and down it.
My other question would be: why along the creek, considering the runoff? Why
not on the east side of the property where his road comes in off Indian Neck?
That would eliminate that. With all the property, and I firmly appreciate what the
Town is trying to do. but, I don't want it to sound like nimbyism; had I known
then what I know now, before I would have sold our house as a spec house: not
gone further with it and not mess with what we're looking at. Lot #7 could be
moved to Leslie, it could be moved to a number of different places and it would
not directly affect us. As it is, where this house would be going: it's in the field,
there is no trees, there is no coverage, it would be within roughly 200' of our
house where we don't see anything, we're not going to be looking at their
house, and they'll probably be looking down at us. Lastly, will the public have
access to this property when you buy the development rights?
Chairperson Woodhouse: It's not open space; this is farmland.
Peter Walker: Well, I would love to get some answers to these questions.
Chairperson Woodhouse: OK, well let's give you some answers. I think Mr. Cuddy
might want to address some of them, and Heather?
Heather Lanza: I didn't see those names in the green cards. I'd have to look at the
map and figure out who owns the (inaudible).
Southold Town Planning Board Page Fifteen December 10, 2007
Charles Cuddv: The question that was asked: the last question certainly, if the
development rights are a private matter; other people wouldn't have access over the
property. It's not planned that they have access over the property: just those people
that would be the owners of the subdivided lots. The lots have been laid out, despite
your concern, as carefully as we could lay out lots and preserve as much open space.
One of the things that was done here was to try and find where we could put lots and
keep the open space as continuous contiguous open space. And that's why the lots
were placed where they were, so that the 56 acres which are being sold to the Town or
the County is going to be one unit and not be broken up. The same is true for the 25
acres which is a vineyard now. So that all of that land was designed specifically to keep
as much open as we could, and I think we did that. We're not going to satisfy everyone
apparently but I think that we tried very hard working with the Board and with the
Preservation Committee to come up with a plan that would be suitable for this place,
and I think we have. That's the best answer I can give.
Peter Walker: I can appreciate that. The continuance of property I think would be far
better served if Lot #7 were down on Leslie where you first come in. Then that property
would run straight across, there will be no problem with the wetlands at all in that
particular area. If you look at that map, I think you would see that would probably be the
better way to go.
Martin Frev: Good evening. I live on Skunk Lane/Bay Avenue on the west side of this
property mentioned. There's only one question I have: what's going to be on this
property? Whether a building; I haven't heard anything about that.
Chairperson Woodhouse: We don't have a building plan; we have just a subdivision for
the land and where it's going to be preserved and where potential building envelopes
are restricted to. There is no application before this Board for the creation of any
structure.
Ron Murohv: Good evening. I represent the Arrowhead Cove Homeowners
Association; we are on the east side of the property. So, you have that strip of land that
all the people who live on that side were all notified. We spent quite a bit of time with
the developers last at the Town Meeting. They spent about 25 minutes with us after the
meeting and it was really a very worthwhile meeting. We are very happy with what we
saw the planners actually produced. There are only three lots that seem to affect the
homeowners on Arrowhead Lane. We had two questions that they really couldn't
answer for us: or at least I don't remember asking to be quite honest. One is, can I get
a definition of what is a building envelope; can that property be subdivided further down
by the people who build?
Chairperson Woodhouse: No. It cannot be subdivided.
Southold Town Planning Board Page Sixteen December 10. 2007
Ron Murahv: So, in other words, most of them seem to be almost two acres: between
1.9 and 2.1 or something like that.
George Solomon: As far as the building lot, the building area, but the lots themselves
are bigger than that. The envelope is what they can build in on the property, as
opposed to the entire lot.
Ron Murahy: So we understand there can only be seven new homes built.
George Solomon: Correct.
Chairperson Woodhouse: The smallest building envelope is 1.9773, almost two
Ron Murahy: Right. The other question we had is: down by the creek there's said to be
a right-of-way or something that comes down, so that I guess these other people if they
get the proposed second dock that they are looking for: how would that impact the
environment down there in terms of the number of; it seems they'd have to clear out
part of that to get the right-of-way in there. Has that been addressed?
Charles Cuddv: As you know, there is an existing dock that's there. This was simply a
proposed dock, sort of a wishful thought type of thing. We don't have a plan for that
dock right now. It may come in the future. We wanted to show it so people would be
aware of it, but there is no present plan right now to put the second dock there. It may
happen sometime in the future. If the lot owners in that area want to try for a second
dock they would have to go to the Trustees, to the DEC. The question that perhaps is
more important is: what about the right-of-way going down to that? We are going to
work on that right-of-way so that it doesn't impact the Trustees jurisdiction, which would
be of some concern I know to the Board at this point. So we will try and take care of
that. But the one dock already is used and of course there is a right of way that goes
down to that dock. A second one is just a plan for some time in the future but not at
present at all.
Chairperson Woodhouse: Thank you. Would someone else like to address the Board
on this application?
William Blake: I live on Arrowhead Lane. My lot is contiguous with the Marcos
property. I would just like to say that short of Marco keeping the property exactly the
way it's been all these years (and I've had a home there for over 30 years), we are
absolutely delighted with the plans and are 100% for them.
Chairoerson Woodhouse: Thank you. Is there anyone else who would like to address
the Board on this application?
Southold Town Planning Board Paae Seventeen December 10. 2007
Peter Walker: Maybe I missed Mr. Cuddy's answer, but I did not, I don't recall getting
anything on the road going to lots 5 & 6 running along the creek and my concerns on
that. And also, is this pretty much a done deal, or what do we have, do we have any
recourse here?
Chairperson Woodhouse: Well, with that, the first question was about the road.
Charles Cuddv: Mr. Young is here. He engineered the road. I think that what was
done was to try and bring the road in the very best places that we could. I understand
that you have some concern about that, but I think that the way the road is drawn now
was worked out amongst several people; those people being the Marcos, the Peconic
Land Trust, and the Town Preservation Committee. When they got through with the
road it was in different stages in different places. But this is the one place that we
thought the road could go that would have the least impact. I understand for you that's
not true, but overall we thought that was true. Maybe Mr. Young would want to just
address it.
Howard Young: Young & Young, Riverhead. NY: Yes, when I got this project sent to
me, I was informed by the Land Preservation Committee and the Peconic land Trust to
put the road in this location to preserve as much of the vineyard as possible, and to
have this large 50-some acre tract there as large as possible. So those were my
directions; certainly to put the road along the easterly boundary line, I see some
Arrowhead people here that wouldn't have liked that. I'm just being a little comical here.
But anyway, I think it's well done, it's only a 16' wide stone blend driveway so to speak.
It's serving Lot #7 and three additional lots: three additional home sites near the water.
I don't expect there to be a lot of traffic there and I appreciate that you did call me, Mr.
Walker, and I did mention that I didn't think there would be a lot near your house. Lot
#7 that is contiguous with his property has the south part of that where over 200' of it is
part of the conservation area. So his lot: it's north, out on a hill there is a nice spot.
Charles Cuddv: The question was asked by this woman (Patricia Blake) whether or not
the road was going to be owned by somebody. The road is going to be owned by the
Homeowners' Association. There will be a group of people that use that road and will
have to maintain it. But as Mr. Young just said, that road is going to be basically a
stone road, it's not going to be (inaudible) road. Yes, we already have a bond estimate;
we have submitted that to the Town.
Thomas Cottrell: I live on Skunk Lane. I got in late, so this may have been covered.
Lots #2, 3 & 5 do not include a building parcel. Can they be subsequently subdivided
into 2-acre lots?
Chairperson Woodhouse: No. That was an easy one. Anybody else? Yes, sir?
Southold Town Planning Board Page Eighteen December 10, 2007
Peter Walker: Sorry if I'm a pest
Chairperson Woodhouse: This is why we have a public hearing. So that you can come
and we can hear your questions and everybody else can hear them.
Peter Walker: If Mr. Cuddy could give me an answer as far as is there any room for
negotiation on Lot #7? Is there any way to look into it any further?
Charles Cuddv: We certainly don't foreclose anything, but I would tell you that the map
was worked on by Peconic Land Trust, Mr. Young and the Preservation Committee.
They tried to come up with what they thought was the best locations of lots and roads.
Certainly we will be happy to talk to you, but I'm just telling you that it would be difficult
to change it. It's possible to change, I won't say it's not possible. We certainly can
discuss it with you and maybe see if there's some other way to do it.
Peter Walker: Thank you.
Chairperson Woodhouse: Is there anyone else who would like to address the Board? I
think there are still a couple of conditions that we need to be working on and we are
going to entertain a motion to hold this hearing open and reschedule this hearing for a
later date. Did you want to say something?
Heather Lanza: I want to answer the question about the two people that weren't
notified. It appears that they were inadvertently left off our list of notification, so that's
another reason why we have to hold open the hearing to properly notify the people who
were left out.
Howard Youno: I just had a quick question and it may not be the appropriate place for
it, but I have been asked by the Land Preservation Committee to prepare a couple of
surveys for the Town. I had completed those but it seems like if we are still going to
change these I ought to hold off, but they've been pressuring me to get those done this
coming week. So I think whatever changes we make, we've got to do in a hurry or
they're going to have to delay some closings. I would love to sit down and meet with
the staff so that we can work out this right away and some other issues that I have
regarding drainage. I know we moved the drainage out of the farm lot but we also
moved it into the road where I have certain setbacks for water mains which we may run
into some difficulties. I've been working on this thing night and day because I know
everybody wanted to get it done this month. But I have some serious issues of trying to
make these amendments and complete this in an appropriate time, so I would
appreciate it if I could call Mr. Terry or somebody and get in here in a hurry in the next
few days. Would you be available? Are you the one to talk with on this?
Southold Town Plannino Board Page Nineteen December 10. 2007
Mark Terrv: Actually Heather is the project manager of this project. But I'm certainly
available even tomorrow if she is.
Howard Youna: Can I call you tomorrow, Heather, then we'll set something up?
Heather Lanza: Yes, absolutely.
Chairperson Woodhouse: Before we close this file, we are just conferring on a date
change; just bear with us for one moment. We are just trying to calculate; we need 7
days to notify the two people who were not notified, so that we can reschedule this
hearing. We are going to split this into two resolutions. Sorry for the delay. Mr. Sidor,
would you offer the first?
Martin Sidor: BE IT RESOLVED, that the Southold Town Planning Board hereby holds
open the public hearing for the Marco Conservation Subdivision.
Ken Edwards: Second the motion.
Chairperson Woodhouse: All in favor?
Ayes.
Martin Sidor: And be it further RESOLVED, that a Special Meeting of the Southold
Town Planning Board will be held on Tuesday, December 18, 2007 at 4:30 p.m. in the
Southold Town Annex Board Room, 2nd Floor, North Fork Bank Building.
George Solomon: Second the motion.
Chairperson Woodhouse: All in favor?
Ayes.
Chairperson Woodhouse: Thank you. Did everybody hear that? There will be a
special meeting on this particular application next Tuesday at 4:30 at the Town Hall
Annex. Is there anybody else who would like to address the Board on any other
matter? Yes?
Patricia Blake: 1860 Arrowhead (inaudible)
Chairperson Woodhouse: There are maps posted outside on the wall.
Patricia Blake: (inaudible)
Southold Town Plannin4 Board Paae Twentv
December 10. 2007
Heather Lanza: As soon as we have the new maps we can get you copies, but you'd
have to come into our office and ask for them or you give us a call and give us your
name and address and then we'll tell you what day they're ready and you can come pick
them up or we can mail them to you.
Howard Youno: I have a reduced set of maps here she's welcome to if you don't mind.
Chairperson Woodhouse: I don't believe we've seen those yet, have we?
Howard Youno: They're the same maps, they're just smaller.
Heather Lanza: Sure.
Hearings Held Over From Previous Meetings:
Charnews. Daniel 8 Steahanie -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, approx. 375' s/o CR 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.
Martin Sidor: Second.
Chairperson Woodhouse: All in favor?
Ayes.
Chairperson Woodhouse: That motion carries, and that hearing is held open.
OTHER
Recommendation to Town Board for 2008 Planning Board Chair and Vice-Chair:
Joe Townsend: RESOLVED that the Southold Town Planning Board recommend to the
Southold Town Board that Jerilyn B. Woodhouse be appointed to the position of
Planning Board Chair for the year 2008.
Southold Town Planning Board Page Twenty-One December 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 recommend to the Southold Town Board that George Solomon be
appointed to the position of Planning Board Vice-Chairman for the year 2008.
Martin Sidor: Second.
Chairperson Woodhouse: All in favor?
Ayes.
APPROVAL OF PLANNING BOARD MINUTES
Chairperson Woodhouse: I will entertain a motion to approve the Board minutes of:
- April 9, 2007
- May 14, 2007
- April 23, 2007 Special Meeting
George Solomon: So moved.
Joe Townsend: Second.
Chairperson Woodhouse: All in favor?
Ayes.
Chairperson Woodhouse: And that motion carries.
Chairperson Woodhouse: I think this concludes our meeting for the evening. I will
entertain a motion to adjourn.
George Solomon: So moved.
Southold Town Planning Board Page Twenty-Two December 10. 2007
Joe Townsend: Second.
Chairperson Woodhouse: All in favor?
Ayes.
Chairperson Woodhouse: We are adjourned. Thank you very much.
There being no further business to come before the meeting, it was adjourned.
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Linda Randolph, T nscribing Secretary
RECEIVED ~~
Jerilyn .Woodhouse, Chairperson tea: sS~R!
JUN 1 1 2008
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