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HomeMy WebLinkAboutPB-08/09/2010PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS ICENNETH L. EDWARDS JOSEPH L. TOWNSEND DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD 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 PUBLIC MEETING MINUTES Present were: Monday, August 9, 2010 6:00 p.m. Martin H. Sidor, Chairperson William J. Cremers, Member Donald J. Wilcenski, Member Heather Lanza, Planning Director Tamara Sadoo, Planner Kristy Winser, Planner Carol Kalin, Secretary SETTING OF THE NEXT PLANNING BOARD MEETING Martin Sidor: Good evening, and welcome to the Southold Town Planning Board regularly-scheduled monthly Public Meeting. Our first order of business is to set Monday, September 13, 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 Planning Board Page Two August 9, 2010 PUBLIC HEARINGS 6:00 p.m. - Hi.qhland House Fishers Island, LLC - This proposal is to subdivide a 4.56-acre parcel 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 Martin Sidor: Anyone who wishes to address to 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. Stephen Ham, Esq., 38 Nugent Street, Southampton, for the Applicant: I am just going to say a couple of words. I think this is a truly unique application in that we are planning the subdivision to preserve the status quo rather than to develop anything. We attempted to get a variance from the Zoning Board to reinstate the dwelling use of the Carriage House; we were denied and told we had the option of subdividing the property. That is why this application is before your Board. Martin Sidor: Thank you. Is there anyone else from the audience who wishes to address this application? Anyone from the Planning Board? William Cremers: I make a motion to close the hearing. Donald Wilcenski: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Donald Wilcenski: Mr. Chairman, I will offer the following resolution: WHEREAS, this proposal is to subdivide a 4.56 acre parcel 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; and WHEREAS, an application for Sketch Approval was submitted on September 11,2009, including the Sketch Plan prepared by CME Associates, Engineering, Land Surveying & Architecture, PLLC, dated August 3, 2009; and WHEREAS, on December 22, 2009, the Town of Southold Zoning Board of Appeals granted the variances as requested by the applicant for a livable floor area variance and a front yard setback variance; and Southold Town Planning Board Page Three August 9, 2010 WHEREAS, on June 14, 2010, the Southold Town Planning Board granted Sketch Plat Approval on the map prepared by CME Associates, Engineering, Land Surveying & Architecture, PLLC, dated August 3, 2009; and WHEREAS, on June 22, 2010, the applicant submitted an application for Preliminary Plat Approval for the above-referenced proposed subdivision; and WHEREAS, on June 23, 2010, the applicant submitted a request to the Southold Town Planning Board for permission to obtain a Building Permit to renovate the existing Carriage House located on proposed Lot 1 prior to Final Plat Approval being granted for this proposed subdivision; and WHEREAS, pursuant to Southold Town Code §240-6(C) General Application Procedure: "No construction, improvement, grading or clearing of land or other disturbance of existing conditions shall be commenced or undertaken on land for which an application has been filed pursuant to this chapter until final approval of the application has been granted, except as expressly provided herein"; and WHEREAS, pursuant to Southold Town Code §240-56 Waivers of Certain Provisions: "The Planning Board shall have the authority to modify or waive, subject to appropriate conditions, any provision of these subdivision regulations, if in its judgment they are not requisite in the interest of the public health, safety and general welfare, except where such authority would be contrary to other ordinances or state law"; and WHEREAS, on June 28, 2010, the Southold Town Planning Board reviewed the above- referenced request made by the applicant and agreed to waive the restriction on disturbance of existing conditions prior to Final Approval of the subdivision, as outlined in Southold Town Code §240-6(C), to allow for the renovation of the existing Carriage House; and WHEREAS, the Southold Town Planning Board finds that the following reasons support a decision to waive the restriction on grading and construction in Southold Town Code §250-6(C) for the existing Carriage House on proposed Lot 1 prior to the subdivision receiving Final Approval: 1. The applicant received Sketch Plat Approval on June 14, 2010 for this two-lot standard subdivision. 2. Each of the proposed lots meets the R-80 zoning requirement for minimum lot size where Lot 1 would total 80,390 sq. ft: and Lot 2 would total 118,289 sq. ff. Southold Town Planning Board Page Four August 9, 2010 The applicant has submitted an application for Preliminary Plat Approval which meets all of the submission requirements outlined in Southold Town Code §240-17 and the application for Preliminary Plat Approval has been accepted by the Southold Town Planning Board for formal review. The Planning Board has agreed that the renovation of an existing carriage house and a Building Permit to allow for the renovation of the existing carriage house on proposed Lot 1 will not affect the outcome of the over-all subdivision as each of the proposed two lots are already improved; be it therefore RESOLVED, that the Southold Town Planning Board hereby agrees to waive the restriction on disturbance of existing conditions for proposed Lot 1 as shown on the map prepared by CME Associates, Engineering, Land Surveying & Architecture, PLLC, dated August 3, 2009 and last revised on June 18, 2010, prior to that map receiving Final Approval by the Planning Board, to allow for the renovation of the existing Carriage House on proposed Lot 1. This resolution is subject to the following conditions: 1. The applicant must obtain the appropriate Building Permit from the Building Department. 2. The applicant agrees that any work performed on site does not guarantee Final Approval and cannot be utilized in an argument of vested rights; and 3. The waiver of the restriction on disturbance of existing conditions extends only to the work that is necessary to accomplish the renovation of the existing Carriage House on proposed Lot 1. William Cremers: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. 6:10 p.m. - Tidy Car - This amended site plan is for the applicant to conduct motor vehicle and accessory sales on a previously developed 1.49-acre parcel located in the General Business Zoning District located at 3585 Youngs Avenue, Southold. SCTM#1000-55-5-2.2 Southold Town Planninq Board Pa.qe Five August 9, 2010 Martin Sidor: Anyone who wishes to address to 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. Anyone from the Planning Board? What is your favor?. William Cremers: make a motion to close the hearing. Donald Wilcenski: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor?. Ayes. Martin Sidor: Motion carries. 6:15 p.m. - GuadaRno, Patrick - This proposal is for a standard subdivision of a 10- acre pamel 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 Martin Sidor: Anyone who wishes to address to 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. Anthony Tohill, Esq.: Good evening Mr. Chairman and members of the Board. I represent Patdck Guadagno. My remarks will be brief. I am going to end up, because I know we have a number of the residents present and vadous photographs, so that each of them, when they have an opportunity to speak, will be able to point to you the location of their property. The property is outlined just east of the cemetery in Orient. It's a 10-acre pamel. Of the ten acres, six acres will be preserved under an agricultural open space easement. The only lot which the applicant intends to build upon would be his actual personal residence, and not a speculative venture or an investment venture, which would be the 2.5-acre parcel way at the back. The 1.5-acre parcel next to the cemetery at the southwestern most corner--that simply is subdivision yield, so to speak. That's his investment, future pension or whatever. You did, twice now actually, give conditional site plan approval, first in September 2006, and next in November 2009. The Health Dept. also has twice approved this plat in its present configuration, most recently on July 2 of 2010. You did issue under SEQRA, a Negative Dec in October of 2006. As you know from the file and, I am sure, from Tamara's work product given to you, this is a parcel of ten acres with an allowable yield of four. Because it is his personal residence and he's trying to preserve as much privacy as he can, he has reduced the yield to two. There's no present plan, as I mentioned, to develop any other portion of the property. And the only final note would be you did approve the reduction of the driveway to that Lot #2 to 15' some time ago. So, that's all of my remarks. We'll Southold Town Planning Board Page Six August 9, 2010 be happy to answer any questions. We have Scott Dobriner from InterScience here as well. I know some of the neighbors because of other work that I do in Orient. I'm an eternal to the podium--I'm sure there'll be some very forceful heat and I'll end up fighting my way back to stand up (inaudible)... Thank you. Martin Sidor: Is there anyone else who wishes to address this application? Sidney Holmes, 200 Old Farm Road, Orient: I'm a homeowner, that's my fiancee MaryAnn Liberatore and my two neighbors, Catherine and John McLinskey. We are happy that the applicant is setting aside six acres for open space. I'm glad he's doing that and I appreciate it. The only concerns we have is that it's not clear that both sides will be zoned residential. The agricultural six acres is connected with what's quoted to be a residential property. At some point it could convert to all agricultural, and we are concerned that it could turn into a winery and have different kinds of activities going on that wouldn't be conducive to the community. The other concern that we have is that the driveway--if it really was an active agricultural piece of land--where the driveway is situated--would, I guess, upset some of the community right there with a lot of dust and other matter. We were hoping that the applicant would consider putting the driveway on the other side of the property adjacent to the cemetery. So again, the main concern is that the two pieces aren't clearly residential and that's where we have concerns for the future, even though the applicant is stating that he's going to build a home on it, it's not clear to us. Mary Ann Liberatore: My fianc~ is Sid Holmes. We live across Orchard Street from the property. I've never been to a Zoning Board meeting in my entire life. Here's my concern: #1 - I thought that Orient was zoned for two acres and I see that there is this one parcel that's 1-1/2 and so that confuses me. The other thing is, I met Patrick about three years ago, perhaps even four, and he said to me at the time that he wanted to build his personal domicile--his house--right on the southwest corner. So the part that concerns me is not that he wants to move his parcel or move his residence from the southwest to the big parcel in the back, but if I'm witnessing such changes as he's going to build in one place and now it's going to be another place, I'm really concerned that this kind of funny, vague description of the 2-1/2 acre parcel is agricultural still, even though it's having a house built on it. And I just have real concerns that in five years, Patrick's life might change and he might sell that. Then we would be living across the street from ostensibly an agricultural business but, a winery that has Saturday afternoon weddings with bad covers of rock & roll songs all night long. The reason we moved out to Orient was to be in a quiet, quiet, quiet, quiet place. The thing that really concerns me--and this is purely aesthetics, I know that doesn't count for much in the world of legal matters--but the field, if you've driven past, is just beautiful. It's about 25 acres of open space. To have a house sitting in the middle of it really irritates the hell out of me to be perfectly blunt. I'm wondering if there is any way that you could ask Patrick, because he's not here tonight, to keep the house Iow to the ground. Because what I really have nightmares about--and I was up all last night thinking about this--looking out my windows and seeing this big like floating saucer, big lit up thing in the middle of my beautiful field. And that's what I'm concerned about. Thank you very much. Southold Town Planninq Board Page Seven August 9, 2010 Martin Sidor: We'll listen to all the audience and then maybe, Mr. Tohill, you'll want to answer some of those questions at the end--is that fair? Anthony Tohill: Yes. Martin Sidor: Anyone else in the audience who wishes to address the application, please step forward. Glynis Berry, 24190 Main Road, Orient: We actually weren't notified, but we have a parcel just to the north; we are separated by a tiny bit. We are on the Main Road, so we view exactly this site. I'm very happy that he only wants to have two lots, so I thank the applicant for that. I have a request. I was part of the Stakeholder Group, and one of the things that was on our list--it was lower on the list, but it was still thero was to have some walkways that were on the road. What made sense was to be on everybody's property lines going through the middle of the field. So I was wondering if possibly a 10' easement could be requested on the northern boundaries. Then, when we get other people's properties, like mine backs up to one of the areas where it would be, we could all join together and eventually just have a walking path that would go all the way into the village and all the way to Narrow River. That is one request I would like to see. Again, the application seems vague on the use of the larger lot. So I would like to emphasize that we'd like to see more specifics on that, and maybe some protection as well. I'm assuming the electric is required to go underground back there so we don't have poles going down. Aisc, are there going to be any buildings allowed on the easement--any farm buildings? Are we talking about greenhouses in the future? What kind of operation is really proposed for this. We haven't heard what the use of this agricultural easement is. We don't know where the buildings are going to be for that, and we don't know if there is a public component to this agricultural business. So I think those are our main concerns. Martin Sidor: Anybody else in the audience? Please. Kathleen McLinskey: I live just across the field, next door to Mary Ann and Sidney Holmes. My concern again is the driveway that would be right opposite our house. I'm thinking, because of the big concern we all have about the agricultural issue, I do foresee that easily being widened to permit tractors and whatever vehicles that have to go back and forth down that roadway. Aisc, that's part of another piece of property that Mr. Guadagno's property connects to-another piece of property that I think has been sold, but we don't know how that's going to be developed. If that's going to be developed, the likely entrance from that property would be further east off Hollyoak so that you could be looking at a preserved area of no entrance and continue to give us beautiful view of the open spaces if the driveway could run along the cemetery because that's already like a roadway and you're not going to disturb too many people there. So that would be my real request--to kind of preserve that beautiful look of not having it broken up. Thank you. Martin Sidor: Thank you. Anyone else in the audience wishing to address this application, please step forward. Mr. Tohill, you've kept your notes? Southold Town Planning Board Page Eight August 9, 2010 Anthony Tohill: Mr. Guadagno covets privacy more than probably any client that I represent at the present time. The entire plan is to preserve privacy. He doesn't want a winery there; he doesn't want what was mentioned here. He doesn't want what we read about every Thursday in the newspaper, including last week and the week before when it was "are we going over the top?" And so, we don't want any of the winery people coming out on the expressway to visit this place. "Stay away from this site" that's our plan. Second, what the neighbors don't know is that you have required, and I have submitted to you an agricultural open space easement that prohibits any use of the six acres for any construction of buildings or whatever. So that document protects people. Next, we did file some time ago with the County Health Department another declaration that limits the use of this property to only those two residential sites--the 2-1/2 acre on the north and the 1-1/2 acres on the south. And that's all that it can be used for, even though the Zoning Code might, I guess--I haven't checked it--it might allow (inaudible) but if we wanted a winery, we wouldn't be here asking you to do this for the last four years, I think we've been trying to do this. Next, on the Covenants & Restrictions, we are reducing the height or the scale of the (inaudible) of the house. Mr. Guadagno has spoken to me many times about the southwestern-most parcel and privately tying that up with Covenants & Restrictions again to preserve his sense of the value of the whole ten acres so as not to be offensive. So he wants exactly what his neighbors want--he wants a Iow scale limited residence but he's going to do that by the standard private Covenants & Restrictions that I've told him as recently as a week ago "wait until you get to the end of this process before you encumber the property with more of that kind of thing." The (inaudible) easement plan: I work with nine different planning boards that I represent, so I'm familiar with the concept of trails and I'm also familiar with the U.S. Supreme Court's problems with trails across people's properties. I just left the Sagaponack Village Planning Board where I was their counsel at 3:00 this afternoon--I came across on the ferry and was dealing with some trail issues over there. If you have a trail issue in the abstract, it doesn't make any sense. If you're having a trail and the Planning Board is being asked as a matter of planning to have a trail, it has to be a design concept. We don't have that here, so in the abstract it doesn't make sense for this man's piece of property. Last, the driveway: one of the speakers mentioned that it could be easily widened. Again, that was specifically a point that we worked with you some time ago to narrow rather than widen. We don't want a wide driveway; we want a driveway just like everybody else's driveway. We don't want a road; we didn't want 20'. So you specifically accepted this parcel and asked Mr. Richter to approve this as a special exception. Everything that I hear the neighbors ask for I think is exactly what we want too. So we see a point of difference on anything that they are saying; we intend to preserve the privacy of that area. Thank you. I hope that answers everything. Martin Sidor: Is there anyone else? I would remind you at this stage to please address your comments to the Planning Board. Sidney Holmes: We are not questioning the applicant's intentions, but the concern is that the two building plots aren't legally designated residential. If they were legally designated residential, I think all of us would be happy. The future purchaser of the land could do different things with it. Because the definition of agriculture in the Town Code does allow for buildings, I believe. I will leave that to the experts. So that's the Southold Town Planning Board Page Nine Au.qust 9, 2010 concern that we have. We also would like the applicant to consider moving the driveway to the other side so as to not disturb many of the neighbors. Heather Lanza: I just wanted to understand the concern about the residential versus: are you concerned about it being an agricultural use instead of a house and that they are going to put up a winery on that house lot? Sidney Holmes: I'm not concerned about that now, assuming the applicant is telling the truth about what his intentions are. But if the land were sold, and the property as subdivided right now is six acres agricultural and 2-1/2 acres agricultural, that's 8-1/2 agricultural. So the next purchaser could make it all agricultural, build a winery and have buildings on it. Heather Lanza: I see the concern. Thank you. That clarifies it. Martin Sidor: Anyone else from the audience? Anyone from staff or the Board? John McLinskey: My wife and I live directly across the street from the easement road which would go to Lot #2. We would like to emphasize our desire that the access road be placed from the east side of the property to the west side of the property thereby being directly adjacent to the cemetery where we think it would be less obtrusive to the neighbors. Not only that: you see that road would be directly across from the entry of my home--the front of the home. And so you would look out of our windows and see a road, which is quite undesirable. So we ask you specifically to address that question with the attorneys. We have already spoken to the attorneys and asked if they could do that. Thank you. Martin Sidor: Anyone else from the audience? Mr. Tohill? Anthony Tohill: I guess we are dealing with the location of the 50' driveway. This has gone back four years, and it's never come up before. The applicant (inaudible) intention was to preserve as much privacy for his parcel--2-1/2 acres as he put it. So he put that lot at the southwest point, not the southeast point. I think also to keep the driveway to his lot away from invading the privacy of the lot at the southwest corner, he put it on the opposite side, on the east side. The next part of this: he and each of these neighbors I know is concerned about whatever will happen to the east of this property. On the aerial photograph you can see that it's all open land and we understand none of the development rights have been given up. So we were trying to sort of stay away from anything over on that side. This is like a shifting of the southwest lot to the southeast corner--we sort of don't want to do that. My client wants to keep that lot as close to the cemetery as is possible. He, in his understanding of the world of planning, thought that's the greater value to that lot. I'm not sure (inaudible)--he's been involved for 40 years in this process--that I agree with that analysis. But he's the client so he makes those judgments--it's his (inaudible), not mine. We are sort of, we don't want to be disagreeable with the neighbors. It strikes me that a driveway limited as this driveway would be, is not a terribly offensive development. A farm tractor is agreed would change that. The likelihood that a farm tractor would take access up over 325 Southold Town Planning Board Pa.qe Ten August 9, 2010 linear feet on the north side of Orchard Street that is still a farm field is not going to come up Guadagno's driveway which would probably be some developed material (inaudible) Town Code. All other things being equal, we don't think it's such a bad plan. But, you know, if somebody could say to us "look that's just a terrible design" pretty well (inaudible), we would listen. Martin Sidor: Thank you. Yes? Mary Ann Liberatore: Unless I'm misunderstanding things, I think we have two issues here: one is, and perhaps I should explain context. Everybody who lives on Orchard Street and down Platt and Holliyoak is in love with this field. It might not be common knowledge among you all, but the neighbors who live around this field really love the vista. It's an agricultural vista and we all love it, and we actually even talk about how much we love it all the time. It's kind of crazy, but true. If the 2-1/2 acre parcel is going to be a residence, why not just designate it a residence, call it a residence, legally entitle it a residence and then, half of our disagreement will disappear. Perhaps it's a function of age, but i'm really concerned about the future. We out in Orient right now are dealing with a pipeline we don't want; we are educating ourselves about water and how to keep our water clean so we don't need a pipeline. Our whole framework right now is about future planning. So to just sort of ignore the fact that there's this 8-1/2 acre property that's designated agricultural is just not the way the community of Orient is thinking right now. I don't know about you but my life has gone in ups and downs throughout the length of it. I'm sure Mr. Guadagno has the absolute best of intentions and wants to have the maximum privacy, and so do we. But life makes crazy turns. I would like as a taxpaying resident of Orient to be protected against something awful happening, and Mr. Guadagno having to sell his house and the property and then I get Orient's first little old winery dght across the road from me. I will just kill myself if that happens. So, if you could just help us get this 2-1/2 acre property to be designated as a residence, we will all be happy as clams. And if you can give my neighbors the peace of mind of not having to look at a driveway--a working driveway of two lit"tie tracks going into the field-that would be nice, too. Thank you. Anthony Tohill: You're the Planning Board. In the Town of Southold and every town in this state, if somebody wants to develop his property, they have to come here either for a subdivision or a site plan review. The only approval that you're being asked to extend is for residential use of 2-1/2 acres in the back (inaudible). That's it. The six acres is being committed as open space under the easement. So, I think what the neighbors are worried about is an eventual application that hasn't been made. I deal with this all the time. Some years ago, I was the attorney for a 60-acre parcel with a single residence in another community. The residence was a bit large--it was around 60,000 sq. ft. Six zero thousand sq. ft. - one residence. Consider what each of us is going home to tonight, and you get a sense of the difference between that application and what each of us has in our lives. So the opposition before that planning board in another community was "this will be a resort; this will be an arboretum; this will be a religious center--all kinds of things." Under the law, as the Town Attorney and as Tamara will tell you, you can't, under our Anglo-Saxon legal system, anticipate that somebody would do something wrong--meaning build a winery without your approval, Southold Town Planninq Board Pa.qe Eleven August 9, 2010 without Town approval. There are too many eventualities that are speculative. We just don't have an interest. Mr. Guadagno wants to retire. He wants the privacy away from all of his neighbors, he does not want anything around him to be developed. He can't prevent the development, but I'm giving you his assurance there is no winery even as a twinkling in his eye. Until tonight if you had told me that would be the opposition I would have said "you can't be serious" but I'm hearing it. So neighbors should understand, under our planning regulations in this Town, the only use that could ever be made of those ten acres is a residence on the back parcel, and a residence on the front parcel and nothing except agricultural open space on the middle six acres. Martin Sidor: Thank you. Yes? Sidney Holmes: I don't think I want to go back and forth with this, but all we are asking is that the applicant's proposal be more specific. What I don't see here is a zoned residential for the 2-1/2 acres. If you're so sure that it's going to be residential, then why don't your report say that it's to be zoned residential or whatever parlance you use here, and not 8-1/2 acres of agricultural? As I said before, I don't challenge Patrick's intent, but it's the next purchaser or the next purchaser, etc. So if you guys are so sure that it's going to be residential, then call it residential. In other words, if it walks like a duck, it's a duck. Martin Sidor: Fair enough. Anyone else? Does anyone from staff or Planning Board have any comment? Thank you. William Cremers: I make a motion to close the hearing. Donald Wilcenski: Second the motion. 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) Conditional Final Determinations: Fishers Island Utility Company/Trippe - This is a proposed lot line change where SCTM#1000-6-3-9, totaling 4,420 sq. ft., will transfer 2,210 sq. ft. to SCTM#1000-6-3- 6.1 and 2,210 sq. ft. to SCTM#1000-6-3-7. After completion of a lot line change, SCTM#1000-6-3-6.1, which is pre-existing & non-conforming at 39,639 sq. ft. (.91 acres), will become less non-conforming by increasing in area in the R-80 Zoning Southold Town Planninq Board Pa.qe Twelve August 9, 2010 District with a new area total of 41,817 sq. ft. (.96 acres), and SCTM#1000-6-3-7 will increase in size from 166,399 sq. ft. (3.82 acres) to 168,577 sq. ft. (3.87 acres). SCTM#1000-6-3-9 will no longer exist. The property is located on Central Avenue, Fishers Island. William Cremers: Mr. Chairman, I will offer the following: WHEREAS, this proposal is for a lot change where SCTM#1000-6-3-9, totaling 4,420 sq. ft., will transfer 2,210 sq. ft. to SCTM#1000-6-3-6.1 and 2,210 sq. ft. to SCTM#1000-6-3-7. After completion of the lot line change, SCTM#1000-6-3-6.1, which is pre-existing & non-conforming at 39,639 sq. ft. (.91 acres), will become less non- conforming by increasing in size with a new area total of 41,817 sq. ft. (.96 acres) and SCTM#1000-6-3-7 will increase in size from 166,399 sq. ft. (3.82 acres) to 168,577 sq. ft. (3.87 acres). SCTM#1000-6-3-9 will no longer exist in the R-80 Zoning District; and WHEREAS, on April 17, 2010, the applicant submitted an application for a re- subdivision (lot line change); and WHEREAS, on May 24, 2010, the Southold Town Planning Board reviewed and accepted the above-referenced application; and WHEREAS, based upon this review, all requirements of Southold Town Code §240 Subdivision of Land except for §240-8, and §240-25 (4) will be waived pursuant to Southold Town Cede §240-56 for the following reasons: · No new lots are being created. · SCTM#1000-6-3-6.1, which is pre-existing & non-conforming at 39,639 sq. ft. (.91 acres), will become less non-conforming by increasing in size with a new area total of 41,817 sq. ft. (.96 acres). · SCTM#1000-6-3-9, totaling 4,420 sq. ft., a vacant lot, will be eliminated and the property added to two existing developed parcels; and WHEREAS, the Southold Town Planning Board further has the ability to waive the public hearing for this lot line change pursuant to Southold Town Code §240-56 for the following reasons: · No new lots are being created. · Zoning will not be impacted; and WHEREAS, pursuant to Southold Town Code §280-9(A)(1 ) - Lot Recognition, SCTM#1000-6-3-6.1 and SCTM#1000-6-3-7 were both created by deed recorded in the Suffolk County Clerk's Office prior to June 30, 1983 and are reflected as existing on the 1981 Suffolk County Tax Map used by the Suffolk County Department of Health Services for verification of legal lot creation; be it therefore Southold Town Plannin.q Board Page Thirteen August 9, 2010 RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Par[ 617, Section 617.7, determined this to be a Type II Action with no further action 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 grants Conditional Final Approval upon the survey map, dated September 24, 2009, prepared by CME Engineering, Land Surveying and Architecture, PLLC, subject to the following condition: The filing of new deeds with the Office of the Suffolk County Clerk pertaining to the lot line change and, upon filing, submission of a copy to this office. Donald Wilcenski: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor?. Ayes. Martin Sidor: Motion carries. Setting of Preliminary Hearings: Fischer, Daniel - This is a proposed 2-lot standard subdivision of a 1.6682-acre parcel where Lot 1 would total 36,333 sq. ft. and Lot 2 would total 36,332 sq. ft. in the R-40 Zoning District. ZBA approvals (area and setback) have been granted for this property. The property is located at 38785 NYS Rt. 25 in Orient. SCTM#1000-15-8-1.1 Donald Wilcenski: Mr. Chairman, I will offer the following: RESOLVED, that the Southold Town Planning Board sets Monday, September 13, 2010 at 6:00 p.m. for a Preliminary Public Hearing at the Southold Town Hall regarding the map entitled "Preliminary Plan of Fischer Property" prepared by John T. Metzger, Land Surveyor, dated April 12, 1990 and last revised on March 26, 2010. William Cremers: Second the motion. Southold Town Planning Board Pa.qe Fourteen August 9, 2010 Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Bond Release: Forestbrook at Bayview - This is a conservation subdivision of a 37.75-acre parcel into 7 lots where Lot 1 equals 2.5 acres; Lot 2=1.72 acres; Lot 3=1.50 acres; Lot 4=1.50 acres; Lot 5=1.56 acres; Lot 6=2.45 acres and Lot 7= 25.75 acres. The Town of Southold acquired the fee title of Lot 7 (25.75 acres) for open space purposes. The property is located n/o North Bayview Road, 180' w/o Jacobs Lane, in Southold. SCTM#1000-79-2-7 William Cremers: Mr. Chairman, I will offer the following resolution: WHEREAS, this conservation subdivision of a 37.75 acre parcel created 7 lots where Lot 1 equals 2.5 acres; Lot 2=1.72 acres; Lot 3=1.50 acres; Lot 4=1.50 acres; Lot 5= 1.56 acres; Lot 6=2.45 acres, and Lot 7=25.75 acres. The Town of Southold acquired the fee title of Lot 7 (25.75 acres) for open space purposes; and WHEREAS, on June 14, 2004, the Southold Town Planning Board granted Final Approval on the Final Plat dated as revised March 8, 2004; and WHEREAS, on September 11, 2009, the applicant submitted a fire well certificate and requested that an inspection be done upon the installed fire well in order to release the bond required for this subdivision in the amount of $193,810.00; and WHEREAS, the applicant requested that the required bond in the amount of $193,810.00 be reduced to $0.00 and that a cash deposit in the amount of $15,000.00 be supplied to the Town of Southold to cover the remaining cost of purchasing and installing a 15hp submersible pump and adapter installation; and WHEREAS, on March 8, 2010, the Southold Town Planning Board recommended, via resolution, that the Southold Town Board authorize the reduction of the bond estimate dated April 5, 2004, from $193,810.00 to $0.00; and WHEREAS, on March 8, 2010, the Southold Town Planning Board further resolved that the applicant submit a total amount of $15,000.00 cash to the Office of the Southold Town Clerk as a performance bond for the cost of purchasing and installing a 15hp pump, accessories and adapter mechanisms to achieve adequate fire protection; and Southold Town Planninq Board Pa.qe Fifteen August 9, 2010 WHEREAS, upon submittal and acceptance of the $15,000.00 cash to the Office of the Southold Town Clerk, the Southold Town Planning Board recommended that the Southold Town Board release the Letter of Credit No. 1510 established by the State Bank of Long Island in the amount of $193,810.00; and WHEREAS, on March 15, 2010, the Southold Town Engineering Inspector conducted a final inspection of the standard subdivision and deemed the subdivision complete meeting all of the minimum requirements of the Southold Town Code; and WHEREAS, on March 23, 2010, the Southold Town Board passed Resolution No. 2010-234 releasing the performance bond for "Forestbrook at Bayview", No. 1510, issued by the State Bank of Long Island, in the amount of $193,810.000; and WHEREAS, on March 30, 2010, the applicant submitted Check No. 201631098, dated March 29, 2010, in the amount of $15,000.00 made payable to the Town of Southold to the Office of the Southold Town Clerk as a performance bond for the cost of purchasing and installing a 15hp pump, accessories and adapter for the fire well; and WHEREAS, on May 1, 2010, the Southold Fire District inspected the installed and completed fire well and deemed the fire well to meet all requirements; and WHEREAS, on July 12, 2010, the applicant requested that the Southold Town Planning Board recommends that the Southold Town Board release the cash deposit in the amount of $15,000.00 for the cost of purchasing and installing a 15bp pump, accessories and adapter for the fire well; be it therefore RESOLVED, that the Southold Town Planning Board recommends that the Southold Town Board authorize the release of the performance bond submitted by the applicant for the cost of pumhasing and installing a 15hp pump, accessories and adapter for the fire well, in the amount of $15,000.00, Check No. 201631098 dated March 29, 2010, to $0.00. Donald Wilcenski: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor?. Ayes. Martin Sidor: Motion carries. Southold Town Planninq Board PaRe Sixteen Au.qust 9, 2010 SITE PLANS Final Extensions: Hellenic Restaurant - This amended site plan is for a proposed addition to the existing restaurant to 250 seats on a 1.519-acre parcel in the LB Zone located approximately 532' west of Shipyard Lane, on the n/s/o NYS Route 25 in East Marion. SCTM#1000- 35-2-14 Donald Wilcenski: Mr. Chairman, 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 Light Business Zone located on the n/s/o NYS Route 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, on September 12, 2005, 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 plan 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 Mamh 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; and WHEREAS, on June 23, 2009, the Southold Town Planning Board granted a 9-month extension retro-active from Mamh 12, 2009 to December 12, 2009 of final approval on the site plan prepared by Young and Young, dated October 12, 2004, and last revised September 6, 2005; be it therefore, RESOLVED, that the Southold Town Planning Board grants a 3-year extension of Final Approval from December 12, 2009 on the site plan prepared by Young and Young, dated October 12, 2004, and last revised September 6, 2005. William Cremers: Second the motion. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Southold Town Planning Board Page Seventeen August 9, 2010 Martin Sidor: Motion carries. Set Hearings: JEMCO Winery - This site plan is for construction of an 8,419 sq. ft. building with associated parking for the purpose of a retail winery on 60.33 acres located in the R-80 Zoning District. The property is located approximately 200' e/o Bailey Avenue on the n/s/o NYS Route 25 in Greenport. SCTM#1000-35-1-24 William Cremers: I will offer the following resolution: Be it RESOLVED, that the Southold Town Planning Board sets Monday, September 13, 2010 at 6:05 p.m. for a public hearing at the Southold Town Hall regarding the site plan dated April 14, 2010 prepared by Samuels & Steelman Architects, for the above- referenced application. Donald Wilcenski: Second the motion. Martin Sidor: Motion made and seconded. Any discussion? All in favor?. Ayes. Martin Sidor: Motion carries. Rescind Resolution: 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 Donald Wilcenski: Mr. Chairman, I will offer the following resolution: WHEREAS, this proposed lot line change will transfer 11,578 sq. ft. from Parcel B (SCTM#1000-68-1-11 ) to Parcel A (SCTM#1000-68-1-13.3). 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 Southold Town Planning Board Pa.qe Eighteen August 9, 2010 WHEREAS, on July 12, 2010, 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; and WHEREAS, on July 20, 2010, the applicant requested that the Final Hearing for the above-referenced proposed Lot Line Change be cancelled until further notice; be it therefore RESOLVED, that the Southold Town Planning Board hereby rescinds the resolution dated July 12, 2010, setting the Final Public Hearing for August 9, 2010 at 6:05 p.m. for this proposed Lot Line Change and that no Final Public hearing for this proposed Lot Line Change will be held on August 9, 2010 at 6:05 p.m. William Cremers: Second the motion. Martin Sidor: Motion made and seconded. Any discussion? All in favor?. Ayes. Martin Sidor: Motion carries. APPROVAL OF PLANNING BOARD MINUTES Martin Sidor: We need a motion to approve the Planning Board minutes of the July 12, 2010 Regular Meeting. Donald Wilcenski: So moved. William Cremers: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Martin Sidor: Does anyone on the Board wish to get anything on the minutes? I need a motion for adjournment. Donald Wilcenski: So moved. William Cremers: Second. Southold Town Planninq Board Pa.qe Nineteen August 9, 2010 Martin Sidor: Motion made and seconded. Any discussion? All in favor?. Ayes. Martin Sidor: Motion carries. There being no further business to come before the meeting, it was ADJOURNED at 6:46 p.m. Respectfully submitted, Randolph, Transcribir~g Secretary ~Ma~in H. Sidor, Chair