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HomeMy WebLinkAboutPB-07/12/2010PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JOSEPH L. TOWNSEND DONALD J. WlLCENSICI PLANNING BOARD OFFICE TOWN OF SOUTHOLD Present were: PUBLIC MEETING MINUTES Monday, July 12, 2010 6:00 p.m. Martin H. Sidor, Chairperson William J. Cremers, Member Kenneth L. Edwards, Member Joseph Townsend, Member Donald J. Wilcenski, Member Heather Lanza, Planning Director Tamara Sadoo, Planner Kristy Winser, Planner Carol Kalin, Secretary MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 RECEIVED ~_/_.~.e Town C]er~ SETTING OF THE NEXT PLANNING BOARD MEETING Martin Sidor: Good evening, and welcome to the regularly-scheduled monthly Public Meeting of the Southold Town Planning Board. Our first order of business is to set Monday, August 9th, 2010 at 6:00 p.m. at the Southold Town Hall, Main Road, Southold as the time and place for the next regular Planning Board Public Meeting. William Cremers: So moved. Donald Wilcenski: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Southold Town Planninq Board Pa.qe Two July 12, 2010 PUBLIC HEARINGS 6:00 p.m. - C JCl Corp. - This site plan is for the proposed construction of a new building, 80' x 112' with the first floor containing approximately 3,354 sq. ft. of retail space (1,677 sq. ft.) & contractor's business office (1,677 sq. ft.); 4,960 sq. ft. of storage warehouse; a second floor apartment- 1,188 sq. ft. with an area of unfinished attic (total 8,502 sq. ft.) on a 1.036-acre parcel in the B Zone located at 74495 NYS Route 25, approximately 734' w/o Moores Lane, on the n/s/o NYS Route 25 in Greenport. SCTM#1000-45-4-4.1 Martin Sidor: Is there anyone in the audience who wishes to address the Planning Board on this application? Please step forward to either microphone, state your name and address and write them on the paper provided for the record. Bruce Anderson, Suffolk Environmental Consulting, Brid.qehampton, for the applicant: This is a public hearing; we are here to hear to see what the public will have to say. I know we've had extensive conversations with this Board. I think everyone is familiar with what the project is. It's a commercially-zoned property. We are proposing a building of sufficient size to contain all the activity related to the construction business they are in with the rental. We are looking to do a traditional porch-style front of the building which will be the visible part of the project. The property itself can use a cleaning up, I think. When the project is done, it will be something that everyone can be proud of; it will be a big improvement to the area. I don't know what I need to say a whole lot because I don't think there's anyone here to speak other than myself. But I'll answer any questions you may have. Martin Sidor: While Mr. Anderson is at the dais, are there any questions from the Board? Anyone else in the audience who wishes to address this application, please step forward. What is the Board's favor? Donald Wilcenski: I make a motion to close the hearing. Joseph Townsend: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor?. Ayes. Martin Sidor: Motion carries. Southold Town Planning Board Page Three July 12, 2010 6:05 p.m. - Harbes Family Winery - This site plan is for the addition of retail winery and wine production facilities to an existing farm stand. The existing Farm Stand (Bldg. One) consists of a retail area, roof-over area, display preparation area & walk-in storage area of 3,522 sq. ft. The proposed retail winery and wine production facilities will be incorporated into existing agricultural buildings as follows: (Bldg. Two) Wine Tasting Room No. 2 of 373 sq. ft.; (Bldg. Three) Wine-Making Facility of 572 sq. ft.; (Bldg. Four) Wine Tasting Room No. 3 of 3,198 sq. ft. having a deck addition of 4,431 sq. ft.; and (Bldg. Ten) Wine Tasting Room No. 1 of 326 sq. ft. Other existing buildings on the site include: a farm office of 292 sq. ft. (Bldg. Five); storage shed of 192 sq. ft. (Bldg. Six); restrooms of 121 sq. ft. (Bldg. Seven); a frame shed of 68 sq. ft. (Bldg. Eight); a farm office of 102 sq. ft. (Bldg. Nine); an open air pavilion of 3,200 sq. ft. (Bldg. Eleven); and a new barn of 525 sq. ft. (Bldg Twelve). In addition, the site provides existing parking of 27 spaces (Parking Area No. 1 ) and a seasonal overflow parking area (Parking Area No. 2) for 51 spaces along with a new loading area for trucks. The overall property is 15.61 acres in the A-C Zoning District located at the n/w corner of Sound Avenue and Hallock Lane in Mattituck. SCTM #'s 1000-120-1-4 & 1000-112-1-7.1 Martin Sidor: is there anyone in the audience who wishes to address this application? If so, please step forward to the microphone. Does anyone on the Board have any questions? Hearing none, what is your discretion? William Cremers: I make a motion to close the hearing. Kenneth Edwards: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor?. Ayes. Martin Sidor: Motion carries. CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE- SUBDIVISIONS (Lot Line Changes) Final Determinations: Adipietro, Robert - This is a proposed standard subdivision of a 2.038-acre parcel into three lots, where Lot 1 equals 20,229 sq. ft.., Lot 2 equals 29,817 sq. ft. and Lot 3 equals 29,291 sq. ft., in the HB Zoning District. The property is located at 2980 Peconic Lane on the e/s/o Peconic Lane, approximately 333 ft. s/o County Road 48 in Peconic. SCTM#1000-74-3-16 Southold Town Planninq Board Pa.qe Four July 12, 2010 Kenneth Edwards: Mr. Chairman, I will offer the following resolution: 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 WHEREAS, on June 14, 2010, the Southold Town Planning Board granted Conditional Final Plat Approval upon the map prepared by Peconic Surveyors, P.C., dated June 24, 2005 and last revised on December 30, 2009, entitled "Standard Subdivision For The Property of Robert and Patrick Adipietro"; and WHEREAS, all of the following conditions have been met: a) Submission of filed and recorded Covenants and Restrictions, Driveway and Maintenance Agreement and Easement with the Office of the Suffolk County Clerk stating liber and page number for each document. b) Submission of a Park and Playground Fee in the amount of $14,000.00, made payable to the Town of Southold as required by Southold Town Code §240-54(G). c) Submission of the Administration Fee in the amount of $4,000.00 made payable to the Town of Southold as required by Southold Town Code §240- 37; be it therefore RESOLVED, that the Southold Town Planning Board hereby grant Final Plat Approval upon the map prepared by Peconic Surveyors, P.C., dated June 24, 2005 and last revised on December 30, 2009, entitled "Standard Subdivision For The Property of Robert and Patrick Adipietro". William Cremers: Second the motion. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Cichanowicz, David - This proposal is to subdivide a 24.82-acre parcel into 4 lots where Lot 1 equals 73,336 sq. ff., Lot 2 equals 73,336 sq. ft., Lot 3 equals 19.415 acres upon which the Development Rights have been sold to the County of Suffolk, and Lot 4 equals 2.0 acres. The property is located s/o NY State Road 25, 1,506 feet e/o Indian Neck Road and n/o Leslie Road in Peconic. SCTM #'s 1000-85-3-10.2 & 97-10-2 Southold Town Planning Board Pa.qe Five July 12, 2010 Joseph Townsend: I'd like to offer the following resolution: WHEREAS, this proposal is to subdivide a 24.82 acre parcel into 4 lots where Lot 1 equals 2 acres, Lot 2 equals 73,336 sq. ft., Lot 3 equals 73,336 sq. ft. and Lot 4 equals 19.415 acres upon which the Development Rights have been sold to the County of Suffolk; and WHEREAS, on September 14, 2009, the Southold Town Planning Board granted Conditional Final Approval, on the map prepared by John C. Ehlers, L.S., dated November 5, 2002 and last revised on July 10, 2006, subject to the following condition: Provide a statement indicating that the Declaration of Covenants and Restrictions have been filed in the Suffolk County Clerk's Office showing fiber and page numbers and that such Covenants and Restrictions affect the subdivision and the properties within it; and WHEREAS, on June 16, 2010, this condition has been met; be it therefore RESOLVED, that the Southold Town Planning Board hereby grant Final Plat Approval on the map entitled "Subdivision Map Prepared for David J. Cichanowicz", prepared by John C. Ehlers, L.S., dated November 5, 2002 and last revised on September 14, 2009. Kenneth Edwards: Second the motion. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Mazzaferro, Karen - This is a proposed standard subdivision of a 4.28-acre parcel into 3 lots, where Lot 1 equals 41,994 sq. ft., Lot 2 equals 43,631 sq. ft., and Lot 3 equals 90,023 sq. ft., in the R-40 Zoning District. The property is located at 1450 Horton's Lane, on the e/s/o Horton's Lane in Southold. SCTM#1000-63-1-12 Donald Wilcenski: Mr. Chairman, I will offer the following resolution: WHEREAS, this proposal is to subdivide a 4.28-acre parcel into 3 lots, where Lot 1 equals 41,994 sq. ft., Lot 2 equals 43,631 sq. ft., and Lot 3 equals 90,023 sq. ft., in the R-40 Zoning District; and WHEREAS, an application for Sketch Approval was submitted on April 3, 2006 with a plan prepared by John T. Metzger, L.S., dated July 6, 2005; and Southold Town Planning Board Page Six July 12, 2010 WHEREAS, on May 11,2006, the applicant submitted a revised Sketch Plan prepared by John T. Metzger, US., dated July 6, 2005 and last revised on November 28, 2005; and WHEREAS, on May 6, 2009, the Southold Town Local Waterfront Revitalization Program (LWRP) Coordinator reviewed the proposed action and provided comments and recommended that the proposed action was consistent with the Southold Town LWRP Policies; and WHEREAS, on July 13, 2009, the Southold Town Planning Board granted Sketch Approval on the map prepared by John T. Metzger, L.S., dated July 6, 2005 and last revised on January 27, 2009; and WHEREAS, on October 22, 2009, an application for Preliminary Approval was submitted with a subdivision map plan and profile prepared by John T. Metzger, L.S., dated September 30, 2009; and WHEREAS, on November 24, 2009, the Southold Town Planning Board requested that the applicant submit revised Preliminary Plans showing previously discussed and agreed upon street trees to be located on Lots 1 and 2 pursuant to Southold Town Code §280-93 Front Landscaped Area; and WHEREAS, on November 25, 2009, 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 this Unlisted Action; and WHEREAS, on January 22, 2010, the applicant submitted revised copies of the Preliminary Map showing the required street trees on Lots 1 and 2; and WHEREAS, on March 8, 2010, a Preliminary Public Hearing was held and closed; and WHEREAS, on March 11,2010, the applicant submitted draft copies of the Covenants and Restrictions and the Driveway/Right-of-Way Agreement for further Southold Town Planning Board review; and WHEREAS, on April 12, 2010, the Southold Town Planning Board granted a Negative Declaration pursuant to State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617; and WHEREAS, on April 12, 2010, the Southold Town Planning Board granted Conditional Preliminary Approval upon the Preliminary Subdivision Plat entitled "Preliminary Plan for the Standard Subdivision for Karen Mazzaferro" prepared by John T. Metzger, dated September 30, 2009 and last revised on January 21,2010, and all conditions have been met; and Southold Town Planning Board Page Seven July 12, 2010 WHEREAS, on June 4, 2010, the applicant received approval from the Suffolk Department of Health Services; and WHEREAS, on July 7, 2010, the applicant submitted an application for Final Plat Approval; and WHEREAS, on July 7, 2010, the applicant submitted the Park and Playground Fee in the amount of $14,000.00, made payable to the Town of Southold as required by Southold Town Code §240-54(G); and WHEREAS, on July 7, 2010, the applicant submitted the Administration Fee in the amount of $4,000.00 made payable to the Town of Southold as required by Southold Town Code §240r37; and WHEREAS, on July 8, 2010, the applicant submitted twelve (12) paper copies and four (4) mylar copies of the Final Plat and five (5) copies of the Final Road and Drainage Plan; and WHEREAS, on July 8, 2010, the applicant submitted filed and recorded Covenants and Restrictions in Liber 12629, Page 570 and filed and recorded Right-of-Way Easement in Liber 12630, Page 006; be it therefore RESOLVED, that the Southold Town Plannin9 Board has reviewed the proposed action under the policies of the Town of Southold Local Waterfront Revitalization Program and determined that the action is consistent; Joseph Townsend: Second the motion. Martin Sidor: Motion made and seconded. Any discussion? All in favor?. Ayes. Martin Sidor: Motion carries. Donald Wilcenski: and be it further RESOLVED, that pursuant to Southold Town Code §240-24, the Final Plat is in substantial agreement with the approved Preliminary Plat entitled "Preliminary Plan for the Standard Subdivision for Karen Mazzaferro" prepared by John T. Metzger, dated September 30, 2005 and last revised on January 21,2010, and, therefore, no Final Public Hearing is required; William Cremers: Second the motion. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Southold Town Plannin.q Board Pa.qe Ei.qht July 12, 2010 Martin Sidor: Motion carries. Donald Wilcenski: and be it further RESOLVED, that the Southold Town Planning Board hereby grant Final Approval upon the Final Plat entitled "Final Plan for the Standard Subdivision of Karen Mazzaferro", prepared by John T. Metzger dated July 6, 2005 and last revised on July 8, 2010. Kenneth Edwards: Second the motion. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Conditional Final Determinations: Nickart Realty - This proposal is to subdivide a 34,896 sq. ft. parcel into two lots where Lot 1 equals 17,438 sq. ft. and Lot 2 equals 17,438 sq. ft. in the R-40 Zoning District. The property is located on the s/s/o CR 48, approximately 900' w/o Bayberry Lane in Southold. SCTM#1000-52-2-13 William Cremers: Mr. Chairman, I would like to offer the following: This application has had a long history and I will highlight some of the events. The entire history of the project is set forth at length in the resolution that is being voted upon this evening. An application for Sketch Approval was submitted on May 11,2006. On July 10, 1997, the Zoning Board of Appeals granted an Area Variance #.4480. On March 1, 2005, the Town Board of the Town of Southold adopted a Local Law amending the Town Code to include Chapter 117 entitled "Development Rights, Transfer of'. On November 13, 2006, the Southold Town Planning Board granted a Negative Declaration of the proposed action. On July 14, 2008, the Southold Town Planning Board granted Conditional Sketch Approval. On March 12, 2009, the Suffolk County Department of Health Services (SCDHS) approved the subdivision and approval was based upon the Transfer of a Development Right (Sanitary Flow Credit) from a parcel located in Mattituck to a subject parcel as approved by the SCDHS Board of Review in its findings dated October 30, 2006. On March 8, 2010, a Preliminary Public Hearing for this subdivision was held and closed. On April 12, 2010, the Southold Town Planning Board granted Conditional Preliminary Approval. On June 15, 2010, the applicant's application for Final Plat Approval was deemed substantially complete. The Sanitary Flow Credit as approved by the Board of Review and the SCDHS is not in accordance with Chapter 117 of the Town Code. Chapter 117 expressly prohibits the Transfer of Development Rights (which include SCDHS Sanitary Credits) unless said Transfer is made pursuant to Chapter 117 and in full compliance with its terms and conditions. The SCDHS standards for the Transfer of Development Rights requires that the project Southold Town Planning Board Page Nine July 12, 2010 must comply with, among other things, the requirements of the Town. WHEREAS, this proposal is for a standard subdivision to subdivide a 0.8011-acre parcel into two lots where Lot 1 equals 17,438 sq. ft. and Lot 2 equals 17,438 sq. ft. in the R-40 Zoning District; and WHEREAS, an application for Sketch Approval was submitted on May 11, 2006; and WHEREAS, on July 10, 1997, the Zoning Board of Appeals granted an Area Variance (No. 4480) for the proposed action with the following condition: "There shall be no direct access, curb cuts or driveways from or to County Road 48 from the parcels"; and WHEREAS, on March 1,2005, the Town Board of the Town of Southold adopted a Local Law amending the Town Code to include Chapter 117, entitled "Development Rights, Transfer Of"; and WHEREAS, Chapter 117 expressly prohibits the Transfer of Development Rights (which include Suffolk County Department of Health Sanitary Credits) unless said transfer is made pursuant to Chapter 117 and in full compliance with its terms and conditions; and WHEREAS, pursuant to §240-4(A) of the Town Code, any subdivision is required to "demonstrate conformance with the various parts of the Comprehensive Plan, adopted addendum, plans and studies, Town Code (emphasis added) and the official map;" and WHEREAS, on November 13, 2006, 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; and WHEREAS, on May 8, 2008 an application for Preliminary Approval was submitted; and WHEREAS, on July 14, 2008, the Southold Town Planning Board granted Conditional Sketch Approval upon the map entitled "Subdivision For Nickart Realty", dated February 10, 1998 and last revised April 1, 2008, prepared by Peconic Surveyors, P.C.; and WHEREAS, on August 12, 2008, the applicant submitted a Park and Playground Fee in the amount of $7,000.00 as required by Southold Town Code §240-53 (G); and WHEREAS, on September 19, 2008, the applicant submitted a copy of the Tidal Wetland Letter of Non-Jurisdiction from the New York State Department of Environmental Conservation, dated April 6, 1998; and Southold Town Planning Board Pa.qe Ten July 12, 2010 WHEREAS, on January 23, 2009, the applicant submitted the Final Report for the Phase I Archeological Review, prepared by Tracker Archeology Services, Inc.; and WHEREAS, on February 13, 2009, referrals for the above-referenced application were sent to the following for comment: 1) Southold Town Engineer 2) LWRP Coordinator 3) Southold Town Board of Trustees 4) Suffolk County Planning Commission 5) Southold Town Chief Building Inspector 6) Southold Fire District; and WHEREAS, on February 27, 2009, the Southold Fire District responded stating that there was adequate fire protection for this proposed standard subdivision; and WHEREAS, on March 12, 2009, the Suffolk County Department of Health Services approved the above-referenced proposed standard subdivision; and WHEREAS, the Suffolk County Department of Health Services approval of the proposed standard subdivision was based upon the Transfer of a Development Right (Sanitary Flow Credit) from a parcel located in Mattituck to the subject parcel, as approved by the Suffolk County Department of Health Services Board of Review in its findings, dated October 30, 2006; and WHEREAS, it appears upon information and belief that in approving the proposed standard subdivision based upon the Transfer of a Development Right (Sanitary Flow Credit), the Suffolk County Department of Health Services did not consider the enactment of Chapter 117 of the Town Code; and WHEREAS, the Transfer of a Development Right (Sanitary Flow Credit) as approved by the Board of Review and the Suffolk County Department of Health Services is not in accordance with Chapter 117 of the Town Code; and WHEREAS, the Suffolk County Department of Health Services standards for the Transfer of Development Rights requires that the project must comply with, among other things, the requirements of the Town; and WHEREAS, on March 23, 2009, the Southold Town Local Waterfront Revitalization Program (LWRP) Coordinator reviewed the proposed action and provided comments and recommended that the proposed action was consistent with the Southold Town LWRP policies; and WHEREAS, on March 30, 2009, the Southold Town Planning Board and Planning Staff conducted a site-visit to the above-referenced proposed standard subdivision; and Southold Town Planning Board Pa,qe Eleven July 12, 2010 WHEREAS, on April 10, 2009, the Southold Town Engineer provided comments on the above-referenced proposed standard subdivision; and WHEREAS, on April 16, 2009, the Southold Town Board of Trustees provided comments to the Southold Town Planning Board for the above-referenced proposed standard subdivision stating that "...due to the proximity to the Long Island Sound, the area is subject to potential storm damage and should therefore not be subdivided" and further disagreed with the New York State Department of Environmental Conservation's determination on non-jurisdiction; and WHEREAS, on May 18, 2009, the Suffolk County Planning Commission provided comments stating that the above-referenced proposed subdivision was a matter of local jurisdiction with the following comments: "The proposed subdivision creates substandard lots and appears to be an over intensification of use based on the requirements of the Town of Southold R-40 Zoning District; and Clearing and grading within each lot should be limited to that necessary for siting and constructing a house and typical accessory structures with the intent of preserving as much of the natural vegetation on the site as possible, and to minimize storm water run-off and erosion."; and WHEREAS, on May 29, 2009, the applicant submitted a revised subdivision map showing the staking locations for the building envelopes as requested by the Southold Town Planning Board pursuant to their March 30, 2009 site visit; and WHEREAS, on June 23, 2009 and September 22, 2009, a letter was sent to the applicant by the Southold Town Planning Board requesting revisions to the subdivision map on a scale of 1:100 to clearly show the following: 1) clearing limits 2) building envelopes 3) setbacks 4) driveways 5) expansion of right-of-way on Old Cove Boulevard to 25' wide 6) proposed French drain, grading, retaining walls and septic system as required by Southold Town Engineer for drainage plans 7) 15 and 10 foot natural vegetated buffer along the north, east and southerly property lines 8) minimum of 4 street trees on each lot along CR 48; and WHEREAS, on June 23, 2009 and September 22, 2009, in the same letter sent to the applicant requesting that, in addition to the items to be submitted on the subdivision map as outlined in the previous "WHEREAS", the applicant shall also submit on a separate plot plan, at a scale of 1:20, the same items as listed above; and WHEREAS, this request for a separate plot plan at a scale of 1:20 to be attached to the subdivision map which shall be at a scale of 1:100 was made by the Southold Town Southold Town Planninq Board Pa.qe Twelve July 12, 2010 Planning Board so that all revisions and requirements for this particular proposed subdivision can be seen clearly by the Southold Town Planning Board for effective review as the property totals only 0.8011 acres and two small lots, each totaling 17,438 sq. ft., are being proposed for this property; and WHEREAS, on November 19, 2009, the applicant submitted subdivision plans and drainage plans on separate plot plans entitled "Map Of Part Of Old Cove Boulevard As Widened And Improvement Plan" at a scale of 1:20, prepared by John Metzger, L.S., dated October 22, 2009 and last revised on November 16, 2009, reflecting the previously requested Southold Town Planning Board revisions; and WHEREAS, on January 25, 2010, the Southold Town Planning Board reviewed and accepted the revised Preliminary Plans; and WHEREAS, on February 1,2010, the Southold Town LWRP Coordinator provided recommendations of plant and tree species to the Southold Town Planning Board for landscaping and vegetated buffers to be planted on the above-referenced proposed standard subdivision; and WHEREAS, on February 1, 2010, the Southold Town Planning Board reviewed and accepted the LWRP Coordinator's recommendations; and WHEREAS, on February 9, 2010, the revised Preliminary Plans were reviewed by the Southold Town Engineer; and WHEREAS, on February 16, 2010, the Southold Town Planning reviewed and accepted all of the above-referenced comments; and WHEREAS, on March 8, 2010, a Preliminary Public Hearing for this proposed standard subdivision was held and closed; and WHEREAS, on April 12, 2010, the Southold Town Planning Board granted Conditional Preliminary Approval on the subdivision plan prepared by John T. Metzger, dated October 22, 2009 and last revised November 16, 2009; and WHEREAS, on June 7, 2010, a letter was sent to the applicant by the Southold Town Planning Department requesting certain changes to the Final Plat and the required Covenants and Restrictions; and WHEREAS, on June 15, 2010, the applicant's application for Final Plat Approval was deemed substantially complete with the submission of 5 paper copies and 4 mylar copies of the revised Final Subdivision Plat; and WHEREAS, it has now been discovered that the applicant's use of the Transfer of Development Right in the form of a Sanitary Credit was not in compliance with Chapter 117 of the Town Code; be it therefore Southold Town Planninq Board Page Thirteen July 12, 2010 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 determined that the action is consistent, as outlined in the memo from the LWRP Coordinator; Kenneth Edwards: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. William Cremers: and be it further RESOLVED, that the Southold Town Planning Board hereby conditionally approves the Plot Plan entitled "Map Of Part Of Old Cove Boulevard As Widened And Improvement Plan" at a scale of 1:20, prepared by John Metzger, L.S., dated October 22, 2009 and last revised on November 16, 2009, and to be filed with the Suffolk County Clerk with the Final Plat; Joseph Townsend: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. William Cremers: and be it further RESOLVED, that pursuant to Southold Town Code §240-24, the Final Plat is in substantial agreement with the approved Preliminary Plat prepared by John T. Metzger, dated October 22, 2009 and last revised November 16, 2009, and therefore, no Final Public Hearing is required; Donald Wilcenski: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. William Cremers: and be it further RESOLVED, that the Southold Town Planning Board hereby grant Conditional Final Plat Approval upon the map prepared by John T. Metzger, L.S. dated February 10, 1998 and last revised on July 31,2008, entitled "Final Plat for the Subdivision for Nickart Realty Corp." subject to the following condition: Southold Town Planninq Board Pa.qe Fourteen July 12, 2010 Proof of compliance with Chapter 117 of the Town Code for the Transfer of Development Rights (Sanitary Flow Credit) or, in the alternative, approval of the Suffolk County Department of Health Services that is not dependent on a Transfer of a Sanitary Flow Credit. Joseph Townsend: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor?. Ayes. Martin Sidor: Motion carries. Conditional Sketch Extensions: Gri.qonis, Estate of Antone - This proposal is for an 80~60 clustered conservation subdivision on 21.5978 acres of land (SCTM #'s 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. The properties are located at 5410 Youngs Avenue, on the west & east sides of Young's Ave., s/o Old North Road, Southold. SCTM#1000-55-1-5.1 & 55-2-8.5 Kenneth Edwards: Mr. Chairman, I will offer the following resolution: 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 a 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. Mebzger, 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, on March 12, 2007, the Southold Town Planning Board granted Conditional Sketch Approval upon the map prepared by John T. Metzger, L.S., dated July 12, 2006 and last revised on January 11,2007; and WHEREAS, on March 19, 2008, the applicant requested a Retro-active Extension of Conditional Sketch Approval; and Southold Town Planning Board Page Fifteen July 121 2010 WHEREAS, on April 14, 2008, the Southold Town Planning Board granted an Extension of Conditional Sketch Approval from September 12, 2007 to September 12, 2008 on the map prepared by John T. Metzger, L.S., dated July 12, 2006 and last revised on January 11,2007; and WHEREAS, on September 12, 2008, the Extension of Conditional Sketch Approval expired; and WHEREAS, on December 12, 2008, the applicant submitted a request for a second six (6) month Extension of Conditional Sketch Approval; and WHEREAS, on December 19, 2008, drinking water test results were made available to the applicant and the Town of Southold; and WHEREAS, on May 19, 2009, the Town of Southold adopted Resolution 2009-418 approving the amendment to the water map and allowing for an extension of the water main from Old North Road to provide public water to the proposed three residential lots on Youngs Avenue; and WHEREAS, the applicant has received all necessary approvals from all involved private parties (devisees referenced above); and WHEREAS, the Southold Town Planning Board agreed to re-issue Conditional Sketch Approval for the following reasons: 1. The applicant was awaiting drinking water test results from the Suffolk County Department of Health Services. 2. The applicant was awaiting a response from the Town of Southold regarding a request to extend the public water main to the proposed three lots being created as part of this conservation subdivision. 3. The applicant was working with seven other devisees named in the Last Will and Testament for Antone Grigonis on approvals from those devisees for moving forward with the proposed conservation subdivision; be it therefore RESOLVED, that the Southold Town Planning Board hereby re-issue Conditional Sketch Approval on the map entitled "Cluster Conservation Subdivision For the Property of the Estate Of Antone Grigonis' prepared by John T. Metzger, L.S., dated July 12, 2006 and last revised on January 11, 2007 subject to the following conditions: 1. Submission of the application for Final Plat Approval. 2. Submission of a revised map with the following changes: a. Both properties must be shown on a single plan at a scale of 1"=100'. If two sheets are needed, be sure that the sheets are attached; Southold Town Planninq Board Pa,qe Sixteen July 12, 2010 b. The title of the map shall read "Clustered Conservation Subdivision for the Property of the Estate of Antone Grigonis"; c. Clarify which lot the right-of-way is attached to or if it will remain separate but owned and managed by a Homeowner's Association. If attached to a lot, be sure that the lot area calculations are adjusted accordingly; d. Show all calculations using the acreage of both parcels. Be sure to show both square footage and acreage; e. Show the location of the road within the right-of-way; f. Show building envelopes for each of the lots and clarify whether or not Lot 4 is a separate lot or a building envelope attached to the farm parcel; g. Label the 7.31-acre open space parcel as Lot 5 and refer to it as Deed of Development Rights Sale to Suffolk County. Show the lot area in both square footage and acreage; h. Indicate the amount of clustered subdivision open space and note that the acreage is attached to Lot 5; i. Label the 10.14-acre parcel as Lot 6 and refer to it as a Deed of Development Rights Sale to Suffolk County. Show the lot area in both square footage and acreage; j. 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 no longer be valid; k. 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 submitted to the Town of Southold Planning Department; I. Add a note which states that a Declaration of Covenants and Restrictions has been filed in the County Clerk's Office and that such Covenants and Restrictions affect the subdivision and the properties within; m. State that the subdivision has been adopted pursuant to the terms of the amended Chapter 240, Subdivision of Land, effective August 24, 2004; n. Provide all of the technical requirements pursuant to Section 240-21 of the Southold Town Code. Submission of Draft Declaration of Covenants & Restrictions containing the following clauses: a. Future residents of the lots on the approved subdivision map are advised that the lots are subject to the noise, dust and odors normally associated with agricultural activities pursuant to Article XXII, Farmland Bill of Rights, of the Southold Town Code; b. Access to Lots 2, 3 and 4 shall be from the 25'-wide right-of-way as shown on the approved map and will be subject to the terms of a filed Road and Maintenance Agreement and/or Homeowner's Association; Southold Town Planninq Board Pa.qe Seventeen July 12, 2010 c. No further subdivision of Lots 1,2, 3 and 4 on the approved subdivision map in perpetuity; d. No changes to any of the lot lines without Planning Board approval; e. 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; f. No residential structures shall be permitted on Lots 5 and 6; g. 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; h. No storm water runoff resulting from the development and improvement of any of the lots shown on the approved map shall be discharged into the wetlands in any manner; i. 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; j. The Town of Southold Building Department shall not issue Building Permits for any of the lots on the approved subdivision map until the Development Rights Sale is completed pursuant to the approved subdivision map and a copy of the recorded Deed of Development Rights Easement is submitted to the Town of Southold Planning Department. 4. Submission of a Draft Road and Drainage Plan. 5. Submission of a Draft Road and Maintenance Agreement. 6. LWRP Coastal Consistency Review by the Town of Southold. 7. Submission of the Park and Playground Fee in the amount of $10,500 ($3,500 for each new residential lot being created). 8. Administration Fee in the amount of $6,000 ($2,000 for each new residential lot being created). Donald Wilcenski: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor?. Ayes. Martin Sidor: Motion carries. Southold Town Planninq Board Pa.qe Eighteen July 12, 2010 Setting of Final Hearings: Knapp, Alfred & Mary - This proposed lot line change will transfer 11,578 sq. ft. from Parcel A to Parcel B. Parcel A will increase in size from 377,613 sq. ft. (8.6688 acres) to 389,191 sq. ft. (8.9346 acres). Parcel B will decrease in size from 164,878 sq. ft. (3.7851 acres) to 153,300 sq. ft. (3.5193 acres) in the R-80 Zoning District. The property is located at 3425 Soundview Avenue, Peconic. SCTM#1000-68-1-11 & 13.3 Joseph Townsend: I'd like to offer the following resolution: WHEREAS, this proposed lot line change will transfer 11,578 sq. ft. from Parcel B to Parcel A. Parcel A will increase in size from 377,613 sq. ft. (8.6688 acres) to 389,191 sq. ft. (8.9346 acres). Parcel B will decrease in size from 164,878 sq. ft. (3.7851 acres) to 153,300 sq. ft. (3.5193 acres) in the R-80 Zoning District; and WHEREAS, on July 12, 2010, the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7 reviewed the above-referenced application; 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, establish itself as lead agency and, as lead agency, performs an uncoordinated review of this Unlisted Action; Kenneth Edwards: Second the motion. Martin Sidor: Motion made and seconded. Any discussion? All in favor?. Ayes. Martin Sidor: Motion carries. Joseph Townsend: and be it further RESOLVED, that the Southold Town Planning Board make a determination of non-significance and grant a Negative Declaration; William Cremers: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor?. Ayes. Martin Sidor: Motion carries. Joseph Townsend: and be it further RESOLVED, that the Southold Town Planning Board set Monday, August 9, 2010 at 6:05 p.m. for a final public hearing at the Southold Town Hall regarding the proposed Lot Line Change referenced above. Southold Town Planning Board Pa.qe Nineteen July 12, 2010 Donald Wilcenski: Second. Martin Sidor: Ayes. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Motion carries. Setting of Preliminary Hearings: Hi.qhland House FI, LLC - This proposal is to subdivide a 4.56-acre pamel into 2 lots where Lot 1 would total 80,390 sq. ft. and Lot 2 would total 118,289 sq. ft. in the R-80 Zoning District. The property is located on the corner of Ocean View and Heathulie Avenues, Fishers Island. SCTM#1000-9-11-7.12 Donald Wilcenski: Mr. Chairman, I will offer the following resolution: Be it RESOLVED, that the Southold Town Planning Board set Monday, August 9, 2010 at 6:00 p.m. for a Preliminary Public Hearing at the Southold Town Hall regarding the map entitled "Standard Subdivision Plan Prepared For Highland House FI, LLC", prepared by CME Associates Engineering, Land Surveying & Architecture, PLLC, dated August 3, 2009 and last revised June 18, 2010. William Cremers: Second the motion. Martin Sidor: Motion made and seconded. Any discussion? All in favor?. Ayes. Martin Sidor: Motion carries. Guada~lno~ Patrick - This is a proposed standard subdivision of a 10-acre parcel into two lots where Lot 1 is 1.5 acres and Lot 2 is 8.5 acres inclusive of a 2.5-acre building envelope and 6 acres of subdivision open space. The property is located on the n/s/o Orchard Street, approximately 1,008' w/o Platt Road in Orient. SCTM#1000-27-1-2 William Cremers: Mr. Chairman, I will offer the following resolution: Be it RESOLVED, that the Southold Town Planning Board set Monday, August 9, 2010 at 6:15 p.m. for a Preliminary Public Hearing at the Southold Town Hall regarding the map entitled "Standard Subdivision for the Property of Patrick Guadagno" prepared by John C. Ehlers, Land Surveyor, dated December 8, 2005. Southold Town Planninq Board Pa.qe Twenty July 12, 2010 Kenneth Edwards: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE- SUBDIVISIONS (Lot Line Changes) - STATE ENVIRONMENTAL QUALITY REVIEW ACT SITE PLANS Set Hearings: Tidy Car - This amended site plan is for the applicant to conduct motor vehicle & accessory sales on a previously developed 1.49-acre pamel in the General Business Zoning District located at 3585 Youngs Avenue in Southold. SCTM#1000-55-5-2.2 Kenneth Edwards: Mr. Chairman, I will offer the following resolution: Be it RESOLVED, that the Southold Town Planning Board sets Monday, August 9, 2010 at 6:10 p.m. for a public hearing at the Southold Town Hall regarding the site plan for the above-referenced application. Donald Wilcenski: Second. Martin Sidor: Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. BOND RELEASE: Oregon Landing 1 Approved Maior Subdivision - This is a proposed cluster subdivision of a 25.79-acre parcel (SCTM#1000-83-2-9.1) into five lots where Parcel 1 equals 136,244 sq. ft.; Parcel 2 equals 81,016 sq. ft.; Parcel 3 equals 75,738 sq. ft.; Parcel 4 equals 70,383 sq. ft. and Parcel 5 equals 17.02 acres upon which Development Rights were sold to the Town of Southold. SCTM#1000-83-2-9.1. Southold Town Planning Board Page Twenty-One July 12, 2010 Joseph Townsend: I will offer the following resolution: WHEREAS, this cluster subdivision subdivided a 25.79 acre parcel (SCTM#1000-83-2- 9.1) into five lots where Parcel 1 equals 136,244 sq. ft.; Parcel 2 equals 81,016 sq. ft.; Parcel 3 equals 75,738 sq. ft.; Parcel 4 equals 70,383 sq. ft. and Parcel 5 equals 17.02 acres upon which Development Rights have been sold to the Town of Southold; and WHEREAS, on June 14, 2005, the Southold Town Planning Board granted Final Approval on the Final Plat, dated as revised March 22, 2005; and WHEREAS, on June 14, 2005, the Southold Town Planning Board accepted the Suffolk County National Bank Irrevocable Letter of Credit #050602 in the amount of $164,245; and WHEREAS, on June 21,2005, the Southold Town Board accepted the Suffolk County National Bank Irrevocable Letter of Credit #050602 in the amount of $164,245; and WHEREAS, on February 16, 2010, the applicant submitted a request to the Southold Town Planning Board and the Southold Town Engineer for a Final Inspection of the above-referenced property as all required improvements were complete; and WHEREAS, on June 14, 2010, the Southold Town Engineer completed the Final Inspection of the above-referenced property and noted that all requirements and improvements were completed in a "satisfactory manner"; and WHEREAS, the applicant has now requested that the Town of Southold release the Suffolk County National Bank Irrevocable Letter of Credit #050602 in the amount of $164,245; and WHEREAS, the Southold Town Planning Board reviewed this request at the June 28, 2010 Work Session; be it therefore RESOLVED, that the Southold Town Planning Board accept the applicant's request to release the Suffolk County National Bank Irrevocable Letter of Credit #050602 in the amount of $164,245; William Cremers: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Southold Town Planning Board Pa.qe Twenty-Two July 12, 2010 Joseph Townsend: and be it further RESOLVED, that the Southold Town Planning Board respectfully recommend to the Southold Town Board that the Suffolk County National Bank Irrevocable Letter of Credit #050602 in the amount of $164,245 be released. William Cremers: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. OTHER Dedication of Open Space to the Town of Southold: Zuckerber~l, Lloyd P. - This proposal is for an 80~60 clustered conservation subdivision on 32.83 acres of land. Lot 1 equals 65,562 sq. ft., Lot 2 equals 77,694 sq. ft., and Lot 3 equals 29.5416 acres and is proposed to be preserved through a Sale of Development Rights to the Town of Southold. The property is located at 2350 Wells Rd. on the s/w corner of Wells Road & NYS Route 25 in Peconic. SCTM#1000-86-1-10.9 Donald Wilcenski: Mr. Chairman, I will offer the following resolution: WHEREAS, this proposal is for an 80/60 clustered conservation subdivision on 32.83 acres of land. Lot 1 equals 65,562 sq. ft., Lot 2 equals 77,694 sq. ft., and Lot 3 equals 29.5416 acres and is proposed to be preserved through a Sale of Development Rights to the Town of Southold; and WHEREAS, on May 10, 2010, the Southold Town Planning Board granted Final Approval upon the maps prepared by Howard W. Young, Land Surveyor, dated April 2, 2009 and last revised on March 17, 2010; and WHEREAS, pursuant to Southold Town Code §240-42, 21,374 square feet of Subdivision Open Space has been created by this cluster development; and WHEREAS, pursuant to Southold Town Code §240-44(D)(7)(b) & (8), the above- referenced Subdivision Open Space, totaling 21,374 square feet, shall be used for drainage purposes only and shall be shown on the map entitled "Final Road and Drainage Plan - Subdivision Map Zip Peconic Wells, LL" prepared by Howard Young, L.S., dated April 6, 2009 and last revised on June 15, 2010; and Southold Town Planning Board Page Twenty-Three July 12, 2010 WHEREAS, pursuant to Southold Town Code §240-44(A)(1), the above-referenced Subdivision Open Space, totaling 21,374 square feet, shall be dedicated to the Town of Southold in fee title; and WHEREAS, on June 28, 2010, the applicant requested that the above-referenced Subdivision Open Space, totaling 21,374 square feet, be dedicated to the Town of Southold; and WHEREAS, the Southold Town Planning Board, at their June 28, 2010 Work Session, accepted the applicant's request for the dedication of the above-referenced Subdivision Open Space, totaling 21,374 square feet for drainage purposes only, to the Town of Southold; and WHEREAS, on July 9, 2010, the Southold Town Engineering Inspector and Southold Town Superintendent of Highways agreed with the dedication of the above-referenced Subdivision Open Space, totaling 21,374 square feet for drainage purposes only; be it therefore RESOLVED, that the Southold Town Planning Board hereby accept the applicant's request to dedicate 21,374 square feet of Subdivision Open Space for drainage purposes only to the Town of Southold; William Cremers: Second the motion. Martin Sidor: Any discussion? All in favor?. Ayes. Martin Sidor: Motion carries. Donald Wilcenski: and be it further RESOLVED, that the Southold Town Planning Board respectfully recommend to the Southold Town Board that the Town of Southold accept the dedication of 21,374 sq. ft. of Subdivision Open Space for drainage purposes only. William Cremers: Second the motion. Martin Sidor: Motion made and seconded. Any discussion? All in favor?. Ayes. Martin Sidor: Motion carries. Southold Town Planninq Board Page Twenty-Four July 12, 2010 APPROVAL OF PLANNING BOARD MINUTES Martin Sider: We need a motion to approve the Planning Board minutes of the June 14, 2010 Regular Meeting. William Cremers: So moved. Joseph Townsend: Second. Martin Sider: Motion made and seconded. Any discussion? All in favor?. Ayes. Martin Sider: Motion carries. Martin Sider: We need a motion for adjournment. Kenneth Edwards: So moved. William Cremers: Second. Martin Sider: Motion made and seconded. Any discussion? All in favor?. Ayes. Martin Sider: Motion carries. There being no further business to come before the meeting, it was ADJOURNED at 6:25 p.m. Martin H. Sider, Chair Respectfully submitted, /,~ 7 7 2010 o~fheld Town Clerk