HomeMy WebLinkAboutPB-06/22/2009PLANNING BOARD MEMBERS
MARTIN H. SIDOR
Chair
WILLIAM J. CREMERS
KENNETH L. EDWARDS
GEORGE D. SOLOMON
JOSEPH L. TOWNSEND
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
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: 631 765-1938
Fax: 631 765-3136
PLANNING BOARD
SPECIAL MEETING MINUTES
June 22, 2009
4:30 p.m.
Present were: Martin Sidor, Vice Chair
William Cremers, Member
Joseph Townsend, Member
Heather Lanza, Planning Director
Mark Terry, Principal Planner
Tamara Sadoo, Planner
Kristy Winser, Site Plan Reviewer
RECEIVED
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JUL 1 6 2009
Southold Town Clerk
Martin Sidor: Welcome to a special meeting of the Southold Town Planning Board.
CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE-
SUBDIVISIONS (Lot Line Changes)
Conditional Final Determinations:
Sterling Harbor at Bayview - This proposal is to subdivide a 14.1529-acre parcel in
the A-C Zone into five lots where Lot 1 equals 49,652 s.f., Lot 2 equals 41,302 s.f., Lot
3 equals 42,550 s.f., Lot 4 equals 41,056 s.f. and Lot 5 equals 410,845 s.f. and includes
a 40,944 s.f. building envelope and 369,901 s.f. of preserved area. The property is
located on the n/s/o Main Bayview Road, 300.21' e/o Midland Parkway, in Southold.
SCTM#1000-88-2-15
Joseph Townsend: I'd like to offer the following resolution:
WHEREAS, this proposal is for a standard subdivision to subdivide a 14.1529-acre
parcel into five lots where Lot 1 equals 49,519 s.f., Lot 2 equals 41,304 s.f., Lot 3
equals 42,499 s.f., Lot 4 equals 42,196 s.f. and Lot 5 equals 402,102 s.f. and includes a
40,944 s.f. building envelope and a 369,901 s.f. preserved area; and
WHEREAS, an application and fee for Sketch Approval was submitted on October 31,
2005; and
Southold Town Planning Board Page Two June 22, 2009
WHEREAS, on February 13, 2006, the Southold Town Planning Board granted
Conditional Sketch Approval upon the map prepared by Peconic Surveyors, PC, dated
October 22, 2005 and issued a Negative Declaration for this project pursuant to the
State Environmental Quality Review Act (SEQRA); and
WHEREAS, on June 1, 2006, the applicant submitted an application for Preliminary
Plat Approval, including the preliminary map prepared by John T. Metzger, L.S., dated
October 22, 2005 and the revised yield map showing a total of six (6) lots, prepared by
John T. Metzger, L.S. dated October 22, 2005; and
WHEREAS, on December 12, 2006, the Southold Town Planning Board held a public
hearing for Preliminary Approval on the map prepared by John T. Metzger, L.S., dated
October 22, 2005 and last revised on November 8, 2006, and the hearing was closed;
and
WHEREAS, on January 9, 2007, the Southold Town Planning Board granted
Conditional Preliminary Plat Approval on the map prepared by John T. Metzger, L.S.,
dated October 22, 2005 and last revised on November 8, 2006; and
WHEREAS, on December 19, 2007, the applicant submitted an application for Final
Approval, including the final map prepared by John T. Metzger, L.S., dated October 22,
2005 and last revised on February 19, 2009; and
WHEREAS, on January 3, 2008, a copy of the Road and Drainage Plans was referred
to the Town of Southold's Engineering Inspector for final review; and
WHEREAS, on July 18, 2008, a site inspection was conducted by the Town of
Southold's Engineering Inspector of the constructed road and drainage; and
WHEREAS, on October 24, 2008, the applicant submitted a draft of the Covenants and
Restrictions, Open Space Easement and Road and Drainage Maintenance Agreement;
and
WHEREAS, the Southold Town Planning Board found that the road construction
specifications submitted by the applicant were sufficient for purposes of safe access to
the lots in the subdivision, however, because the road does not meet the specifications
required by Town Code for public roads, it shall remain a private road maintained by the
lot owners in this subdivision; and
WHEREAS, on November 6, 2008, a Certificate of Drainage was supplied by the
applicant to the Town of Southold Planning Board and the Town of Southold's
Engineering Inspector; and
WHEREAS, on February 27, 2009, the Southold Fire District issued a letter confirming
that adequate fire protection exists for this proposed subdivision; and
Southold Town Planning Board Page Three June 22, 2009
WHEREAS, on March 6, 2009, the applicant submitted the required Park and
Playground Fee pursuant to Southold Town Code §240-53(G) in the amount of
$28,000.00; and
WHEREAS on March 6, 2009, the applicant received Suffolk County Department of
Health Services approval on the map prepared by John T. Metzger, L.S. dated October
22, 2005 and last revised on November 8, 2006; and
WHEREAS, on April 6, 2009, the Southold Town Planning Board, at their Work
Session, reviewed the following:
1) Final comments from the Town of Southold's Engineering Inspector
2) Draft Road and Maintenance Agreement
3) Draft Open Space Easement
4) Draft Covenants and Restrictions; and
WHEREAS, on April 7, 2009, the Southold Town Planning Board conducted a site visit
of the proposed subdivision based upon the discussion of the above-referenced
documents discussed at the April 6, 2009 Work Session; and
WHEREAS, on April 8, 2009, the applicant submitted a copy of the water bill
demonstrating public water has been connected to each of the individual lots in the
proposed subdivision and the same has been accepted by the Southotd Town Planning
Board in lieu of a Letter of Water Availability from the Suffolk County Water Authority;
and
WHEREAS, on April 13, 2009, at the Town of Southold Planning Board's Work
Session, based upon the site inspection conducted on April 7, 2009, the Planning
Board reviewed revised Covenants and Restrictions, Agricultural Open Space
Easement and Road and Drainage Maintenance Agreement; and
WHEREAS, on April 27, 2009, the Planning Board issued a resolution agreeing to
waive the restriction on grading and construction as outlined in §250-6(C) for Lot 3, and
allow the applicant to begin construction of a single-family residence on Lot 3 prior to
the subdivision receiving Final Approval; and
WHEREAS, on May 5, 2009, the LWRP Coordinator found the proposed action to be
consistent with the Local Waterfront Revitalization Program Policy Standards; and
WHEREAS, on May 11, 2009, the Southold Town Planning Board re-issued Conditional
Preliminary Approval on the map prepared by John T. Metzger, L.S., dated October 22,
2005 and last revised on November 8, 2006; and
WHEREAS, on June 1,2009, the Southold Town Planning Board approved a final
version of the Covenants and Restrictions, Road and Maintenance Agreement and an
Amendment to the Road and Maintenance Agreement; and
Southold Town Planning Board Page Four June 22, 2009
WHEREAS, on June 5, 2009, the applicant submitted filed certified copies of the
recorded Covenants and Restrictions and Road and Maintenance Agreement; and
WHEREAS, on June 8, 2009, a final public headng was held and closed; and
WHEREAS, on June 22, 2009, the Southold Town Planning Board reviewed a revised
version of the Agricultural Open Space Easement; therefore, be it
RESOLVED, that the Southold Town Planning Board hereby accepts the Agricultural
Open Space Easement and recommends same to the Southold Town Board pursuant
to Southold Town Code §240-44 Protection of Open Space Lands Created by Oluster
Development;
William Cremers: Second the motion.
Martin Sidor: Moved and seconded. Any discussion? All in favor?
Ayes.
Joseph Townsend: and be it further RESOLVED, that the Southold Town Planning
Board hereby grant Conditional Final Approval on the Final Map prepared by John T.
Metzger, US. dated October 22, 2005 and last revised on February 19, 2009, subject to
the following condition:
Submission of the filed Agricultural Open Space Easement following recording
with the Suffolk County Clerk's Office with liber and Page Number indicated on
each final plat.
William Cremers: Second the motion.
Martin Sidor: Moved and seconded. Any discussion? All in favor?
Ayes.
Martin Sidor:
Motion passes.
Final Extensions:
Hellenic Restaurant - This amended site plan is for a proposed addition to the existing
restaurant to 250 seats on 1,519-acre parcel in the LB Zone located approximately 532'
w/o Shipyard Lane, on the n/s/o NYS Route 25 in East Marion. SCTM# 1000-35-2-14
Southold Town Planning Board Page Five June 22, 2009
William Cremers: I will offer the following resolution:
WHEREAS, the applicant proposes an amended site plan for a proposed addition to
the existing restaurant to 250 seats on a 1.519 acre parcel in the LB Zone located on
the n/s/o State Road 25, approximately 532' w/o Shipyard Lane in East Marion, SCTM#
1000-35-2-14; and
WHEREAS, Hellenic Land, LLC, is the owner of the property; and
WHEREAS, the Southold Town Planning Board granted final approval of the site plan
prepared by Young and Young, dated October 12, 2004, and last revised September 6,
2005 and authorized the Chairperson to endorse the final site plans subject to a one
year review from the date of issuance of the building permit; and
WHEREAS, the Southold Town Planning Board granted a 6 month extension retro-
active from September 12, 2008 to March 12, 2009 of the final approval of the site plan
prepared by Young and Young, dated October 12, 2004, and last revised September 6,
2005; and
WHEREAS, the applicant has submitted a request for an additional extension of final
approval in a letter dated June 9, 2009; therefore, be it
RESOLVED, that the Southold Town Planning Board grant a 9-month extension retro-
active from March 12, 2009 to December 12, 2009 of the final approval on the site plan
prepared by Young and Young dated October 12, 2004, and last revised September 6,
2005.
Martin Sidor: Second. Motion made and seconded. Any discussion?
Joseph Townsend: Yes, I'd like to point out that while I have been advised that there is
no real conflict, it's probably good to mention that my daughter works as a part time
waitress at the Hellenic, and so I'm just making that known. I am voting on this
because I have been advised that there is no real conflict, and there are only three of
us up here.
Martin Sidor: All in favor?
Ayes.
Martin Sidor: Motion passes. Motion carries.
Southold Town Planning Board Page Six June 22, 2009
APPROVAL OF PLANNING BOARD MINUTES
Martin Sidor: I need a motion for the approval of the Planning Board minutes of the
June 1, 2009 Special Meeting and the June 8, 2009 Regular Meeting.
Joseph Townsend: So moved.
William Cremers: Second.
Martin Sidor: Motion made and seconded. Any discussion? All in favor?
Ayes.
Martin Sidor: Motion carries. I make a motion to adjournment.
William Cremers: Second.
Martin Sidor: Motion made and seconded. All in favor?
Ayes.
Martin Sidor, Chair
Respectfully submitted,
Linda Randolph, Transcribing ~ecretary
There being no further business to come before the meeting, it was ADJOURNED at
4:48 p.m.