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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 /~; ,_/~-?,'~ 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.