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HomeMy WebLinkAboutPB-10/18/2010PLANNING BOARD MEMBERS MARTIN It. $IDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JOSEPH L. TOWNSEND DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD PUBLIC MEETING MINUTES Monday, October 18, 2010 6:00 p.m. MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 REC~EIVED ~'~ NOV 1 6 2vt0 Southold Town Clerk Present were: Martin H. SJdor, Chairperson William J. Cremers, Member Kenneth L. Edwards, Member Joseph L. Townsend, Member Heather Lanza, Planning Director Mark Terry, Principal Planner 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, November 15th, 2010 at 6:00 p.m. at the Southotd Town Hall, Main Road, Southold, as the time and place for the next regular Planning Board Public Meeting. William Cremers: So moved. Kenneth Edwards: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor?. Ayes. Martin Sidor: Motion carries. Southold Town Planning Board Page Two October 18, 2010 PUBLIC HEARINGS 6:00 p.m. - Scharf, Charles & Amy - This revised proposal is to transfer 48,211 sq. ft. from Lot 1 which totals 135,332 sq. ft. (SCTM#1000-81-3-25.1) to Lot 2 which totals 94,446 sq. ft. (SCTM#1000-81-3-26). As a result of this transfer, Lot 1 would be reduced in over-all area to 87,120 sq. ft. and Lot 2 would increase in over-all area to 142,657 sq. ft. in the R-80 Zoning District. The property is located on Paradise Point Road in Southold. SCTM#1000-81-3-25.1 & 26. Martin Sidor: Anyone who wishes to address the Planning Board regarding this application, please step forward, write your name and address and state your name and address for the record. Patricia Moore: Good evening, I'm here on behalf of Mr. & Mrs. Scharf. This is a very straightforward application. Mr. & Mrs. Scharf own two pieces of property off Paradise Point Road, and the existing house at present encroaches on the property line. The solution in this instance is to change the lot line so that we would have a house that would conform with all appropriate setbacks and the vacant lot would remain a vacant lot--the second lot--currently remains vacant. So there is no new development here; it is actually correcting an existing condition. If anyone has any questions, I'd be happy to answer them. Thank you. Martin Sidor: Thank you. Is there anyone else in the audience who wishes to address the Planning Board? Anyone from the Planning Board? Hearing none... 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. 6:05 p.m. - Aries Estates - This proposal is for a standard subdivision of an 11.4418- acre parcel into two lots, where Lot 1 totals 3.7667 acres, including 1.7229 acres of open space, and Lot 2 totals 7.6751 acres, including 4.6711 acres of open space, in the R-80 Zoning District. The property is located at the westerly terminus of a private right- of-way which extends north from Kayleigh's Court in East Marion. SCTM#1000-22-3-2. Martin Sidor: Thank you. Anyone who wishes to address the Planning Board regarding this application, please step forward. Southold Town Planninq Board Pa.qe Three October 18, 2010 Charles Cuddy: Good evening, I represent the applicant. As indicated, this has 11 acres; we've given up three lots--we have just two lots. It's 6+ acres of open space. We've made some minor changes in the map that were requested, and the map has the approval of the Suffolk County Department of Health. It's been here for several years, and I would ask the Board at this point to approve it. Martin Sidor: Thank you. Anyone else in the audience? Don Cotrone, 555 Private Road #1, East Marion (at the end of Kaylei.qh's Court): I just found out about this subdivision this week. The sign that's to tell us about the Public Hearing went up around the last holiday, which was last Monday. I don't know what the duration of the time we should be notified--is it a 30-day notice? Carol Kalin: Seven days. Don Cotrone: OK. There are 14 houses on Kayleigh's Court. None of those people know that this is happening because the sign is down on Private Road. To get to Private Road you have to (inaudible) Kayleigh's Court. There are 14 individuals who would have a say here tonight but don't even know this exists. I'd like to notify them and have them come next month to the meeting to evaluate this subdivision. Heather Lanza: There are notice requirements that they've met, so there's no requirement to notice all the people on a public road. Don Cotrone: This is a public meeting. The public should be here. I am here. There are three of us on Private Road. All three of us are summer residents only. The only reason I'm here is to check the storm damage. But the other parties don't know (inaudible) and never saw the notice. Heather Lanza: We do three methods of notification; one to the general public for anybody--it's in the legal notices--that's just the way we do it in our paper, so the newspaper is available online. But in terms of mailing, we can't mail to everybody in the area. The Code just .... Don Cotrone: I'd like to notify these 17 individuals and pick this up next month. Heather Lanza: Are there any issues, sir, that you expect? Such as... Don Cotrone: I'd like to have the other parties involved present them. This particular situation came down (inaudible) for the longest time and all of a sudden just moved to Private Road because (inaudible) Charles Cuddy: Mr. Cotrone called me last week and asked that my client would do something in his favor. He told me he would come to this meeting to oppose it unless we did something in his favor. I am troubled that Mr. Cotrone hasn't revealed that to the Board. More importantly, what he is talking about: Kayleigh's Road is a public road Southold Town Planning Board Paqe Four October 18, 2010 which is over 600' from his property. So for these people to be notified would be notifying people that really I don't think have any particular interest in this and I don't think have any standing in this matter. We have given notice to all the surrounding property owners; we have posted the notice exactly where I discussed with the Board, which is at the beginning of this private road. So those people who are on that road would know. Mr. Cotrone says he knows. I am troubled by the fact that he just wants to delay it. I don't think there is any reason to delay this matter, and I don't think he has indicated there is any reason to delay it except for delay's sake. I am also troubled that he hasn't revealed to you that he asked us to do some things in his favor and I refused to do those, and so he said he would oppose the application. I think the application stands as it is, it is meritorious, and I ask that the hearing be closed. Don Cotrone: In response to that, he states the people in Kayleigh's Court would not be concerned about this. They are going to have these vehicles passing the house and they should be concerned for the wear and tear on their road and my road. (inaudible) I don't think that this project (inaudible) I need to have my people investigate it and do the measurement--we're only working on this for six days, so we need more time. Charles Cuddy: In response to that, Mr. Cotrone indicated he looked at the file. If he looked at the file, he would see that we spent a year getting approval from the East Marion Fire District. We spent hours with the Commissioners. We went back and forth and indicated how we would take care of the opening to this site, and that's been approved by the East Marion Fire Commissioners. So, I take issue with his conclusion that we haven't done that. Don Cotrone: In response to that, no 6,000 gallon tank could put a fire out (inaudible) Martin Sidor: They have the ability; the Fire District has basically reviewed... Mark Terry: They signed off on a 15' road, 20' x 20' cleared. Now, I think the question you, as a property owner on Private Road, and I'll ask the question to you Mr. Cuddy: Does those property interests have or did they sign off on the 20' x 20' clear on that 10' access that jogs east/west? Charles Cuddy: did the Fire Dept. sign off on it? Mark Terry: No, you have a 10' easement, and that easement is east/west. Adjacent to that easement, you need a 20' x 20' clear box. Charles Cuddy: That's what we showed. Mark Terry: Who controls the 20' x 20' clear box clearing? Charles Cuddy: The 20' x 25' box is controlled by my client and Mr. Garvey who also has the interest there. But my client can do both of those because it's described and it's used. We pointed that out several times to the Board. So we have a 25' clear. Southold Town Planning Board Pa,qe Five October 18, 2010 Don Cotrone: It's not 25'. (inaudible) Charles Cuddy: Mr. Cotrone, we are not talking about your property, we are talking about east/west access across the back of the Garvey property. That's where we are talking about 25'. But this has been gone over many times as far as the Fire Dept. goes. To make this objection now, is just a delaying objection. There hasn't been anything that has been said so far that's indicated that there's an objection to this particular plan. What he is objecting to is that for some reason he thinks that the access is a problem. The access we went over and over and over and it was approved by the Fire Dept. So I don't think there is any merit to what he is saying. Martin Sidor: I've been told that we have met all responsibility as far as noticing. Is that your only complaint as far as the... Don Cotrone: Do you have something in writing? Martin Sidor: Yes we do. Don Cotrone: (inaudible) Charles Cuddy: This is a right-of-way that my client has, he has and other people have. It's not just his right-of-way, it's a right-of-way that's used by half a dozen people. They signed off on that, yes, they did. Don Cotrone: (inaudible) How are they going to get construction vehicles past my house? Charles Cuddy: That's just a misunderstanding of what an easement is. The person that the easement runs to has a right to use the easement. (inaudible) We are adding one single lot to this, not five lots. There are already five that have the use of it. We are adding one. There is no question (inaudible) that's not an undue burden on an easement. Martin Sidor: Why don't you go through whatever--let him finish and then go through all your objections regarding this situation, please. Don Cotrone: Seven days is not enough (inaudible). He waited until 2006 for this. Heather Lanza: The test to keep it open is: are you going to bring in new information that we don't have? Don Cotrone: Not at this time, but after 30 days I'd like to bring additional, professional information in reference to the fire access. Heather Lanza: That's the only thing--the fire access? Ken Edwards: That's an issue with the Fire District. Southold Town Planninq Board PaRe Six October 18, 2010 Heather Lanza: We already have clearance on that--we have that in writing, so I'm not sure what new information you might bring. Could you explain that? .Don Cotrone: I'm not sure you understand. As the existing upper road that touches private road--there's not going to be any changes to that--correct? The private road touches his project--there's no changes--(inaudible Charles Cuddy: The existing easement has to remain as it is. We can't change that. Don Cotrone: (inaudible) How does 16' suddenly become 25'? Charles Cudd¥: It doesn't. You saw the map, Mr. Cotrone. The map shows two full easements: from Kayleigh Court to the (inaudible). It then goes east and west. The east and west is 25', the one going across your property and other properties is 16'. That's the one we have permission from the Fire Department for. Don Cotrone: That is where the objection comes in. I don't think 16' is enough to do what you are doing. And I'm not making this up. (inaudible) Charles Cuddy: We never said it could; we never represented that it could. That's absolutely untrue. It's never going to change. I'm still troubled by the fact that Mr. Cotrone is really not saying anything that's new. He hasn't really added anything to the d!alog that's here. We've been doing this for years; he has looked at the file. After he looked at the file he asked that we do him some favors, quite frankly. We said no. He said at that point "1 will come and object at the hearing and I will delay it." That's what he is trying to do and I sort of resent the fact that he can come in and just say "1 don't like what you've done." What we've done has been approved by the Fire Department, it has been approved by this Board, it has been approved by the Health Department. I think it's wrong to delay somebody just on some spurious allegation that it doesn't meet his standards but it meets everybody else's. I would ask the Board to close the hearing. Don Cotrone: In conclusion, as rebuttal to his last statement, there's nobody here to defend the situation because nobody has been notified. So everything they are trying to do--I actually knocked on doors on Rocky Point Road today, and they told me to be careful of the situation because they ran into this from the beginning of this project. So, to me it looks like shenanigans (inaudible) Martin Sidor: Point one: there are no shenanigans. I can answer that. Over that long process there has been no... Staff is trying to pull up the letter from the Fire District. Joseph Townsend: I am going to put a resolution to close this hearing, but we will allow you to submit within the next ten days any information you want on this application. But it will not be kept open. We have complied with all the regulations we have on this. Martin Sidor: Does everyone understand the motion? The motion is to close the public hearing, but keep the public record open for written comment for ten business days. Do I hear a second? Southold Town Plannin,q Board Pa,qe Seven October 18, 2010 William Cremers: I'll second it. Martin Sidor: Motion made and seconded. Any discussion? All in favo~ Ayes. Martin Sidor: Motion cardes. Martin Sidor: I'll just read a statement here before we start the meeting: "Southold Town Planning Board has deemed it necessary and reasonable to hire a consultant to help with the review of all wireless facility applications, and has retained the services of Center for Municipal Services (CMS). Any questions can be directed to our representative here from CMS, Mr. Richard Comi, sitting on the right hand side with us here tonight." 6:10 p.m. - MetroPCS NY, LLC at the Southold Town Police Station - This application is for site plan and special exception consideration to affix a public utility wireless antenna to an existing lattice tower and install related equipment at the premises located on a 12.27-acre parcel w/o Peconic Lane in the R-80 Zoning District. SCTM#1000-75-5-14.1. Martin Sidor: Anyone who wishes to address the Planning Board on this application, please step forward. John Cou.qhlin, R~ Nielsen Huber & Cou.qhlin, 36 North New York Avenue, Huntin,qton: Thank you, Mr. Chairman. As was just summarized, MetroPCS is here this evening with their proposal to install six public utility telecommunication antennaes to the existing lattice tower on Southold Town Police Station property and also to install related equipment adjacent to the existing tower. This tower has a history dating back as far as I can tell to 1993 or so when the Town approved its own application or at least issued a permit to the Town to erect a tower. From that time to date, several wireless carriers have proposed and located antennaes (inaudible) permits from the Town to do so. The existing cardem include Nextel (now Spdnt/Nextel), AT&T, T-Mobile and Verizon. Prior to the current iteration of the Code, those entities were not required to come before this Board; it's a new procedure. So, MetroPCS as a new carrier to the area is the first to come before the Planning Board and does so seeking special permit and site plan approval. MetroPCS, like those other entities, is licensed by the FCC to construct, maintain and operate this network in the New York area and in the County. Pursuant to a case called "Cellular Telephone vs. Rosenberg", it is considered a public utility, which grants MetroPCS and carders of its ilk a less scrutinizing standard of review when it needs approvals such as this. MetroPCS, as a new carrier for the area, does not have any existing sites. This would be the first in Southold to be approved-- for the Board to approve it. So, there is fully a gap in coverage for MetroPCS. We've Southold Town PlanninR Board Page Eight October 18, 2010 presented numerous sets of maps, we've met with Mr. Comi; I believe it's truly been demonstrated that there is a gap and it's also shown what coverage the proposed site would afford to MetmPCS in the event it is approved. MetroPCS' services are similar to that of these other existing carriers---particularly important to the community, especially in times or in places when land lines are not available. Just for clarity, the proposed site is unmanned and remotely monitored 24 hours every day. Approximately once every month to six weeks, a technician will come and check the site to make sure everything is operating correctly. There will be no increase in traffic. There is no need for additional parking. It's not that type of facility. Additionally, I would just like to point out--and I know it's already in the record--that we submitted copies of the FCC Compliance Analysis, but a study was done to confirm that the proposed antennaes, plus all of the existing antennaes at the site were analyzed. All of the potential exposure assumptions were made, and even using very, very, very overestimations of what the emissions might be from all the antennaes. The calculations were done in a fashion usually many, many times more than what the actual emissiOns are, plus (inaudible) all the antennaes operating. Once we were in accord with the FCC regulations as to emissions, the Telecommunications Act says that the Board can't consider health effects so long as the applicant provides that--which this site does. Now, as you can see, I have several folks here with me this evening. I'd like to introduce them and tell you what their roles are. I have a couple of additional materials which I am sure Ms. Winser does not want, but will make her file a little bit better. So for completion, rd like to submit those. In any event, let me introduce the team of folks. Lou (inaudible) is over here, he is an architect from MTM. He is here to sponsor (inaudible) that have already been submitted to the Board answer more detailed questions about the specific antennas or equipment: Lou can address those. There's a gent over here: Ronald Reinertsen, who is a Planner. Mr. Reinertsen has evaluated the proposal and prepared the report and has concluded that the addition of the proposed facility will not have a negative impact on from a Planning standpoint. I have copies of his report here, rm not sure if I should pass them (inaudible). Additionally, Mr. Michael Lynch is here. He is a real estate appraiser. He likewise has prepared a report. The conclusion of his report is the addition of the proposed facility will not have a negative impact on real estate values in this vicinity. Mr. Dave Collins is here: he is FCC compliance expert. His company is the one that prepared the FCC Compliance Study which again confirms that the site is well within FCC compliance limits. Finally, Nicholas Balzano is back here: he is the radio frequency engineer. He is the author and sponsor of the various propagation maps prepared showing the existing gap in coverage and the proposed coverage that MetroPCS expects to receive from the facility assuming that the Board were to approve and MetroPCS were to execute on approvals and permits. All that is by way of summary. Each of these individuals is available to come up and answer any questions as to their specific areas and I can direct the Board to the appropriate one if you have any questions or gray areas. I understand that Mr. Comi has some comments that he would like to put into the record. I just want to make one point: I don't know how pressing it is, but at the calendar of the Board's Work Session, I heard some mention of questions over a removal bond, and I don't know if that was really .... OK. Thank you. Southold Town Plannin,q Board PaRe Nine October 18, 2010 Richard Comi, CMS: Good evening Mr. Chairman and members of the Board. As you mentioned at the beginning, and I'll be very brief, this is the first opportunity I've had to be in front of your Town and your Board hero. As far as this application goes, we have reviewed all of the information: we've roviewed the need, we've roviewed the RF submission, we've roviewed the structural, we've reviewed all of the information for your Code and yes this is the place where this application should go. They're minimizing the aesthetics by putting the antennaes on the existing legs and not putting outstanding frames. I would only make one rocommendation: that being should the Special Use Permit be granted, that pdor to the issuance of the Building Permit, the applicant needs to provide for review and acceptance a Tower Inspection Performance under what they call ANCEIATIA 222F and that the applicant needs to state in wdting that any discropancies noted in that inspection will be corrected prior to the final inspection in the certificate of compliance. That's our only rocommendation rolevent to this issue, rd be happy to answer any questions of you or the public. Martin Sidor: Thank you. Anyone else in the audience? Anyone from the Planning Board? William Cromers: 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 cardes. Kenneth Edwards: Mr. Chairman, I would like to offer the following rosolution: WHEREAS, this application is for site plan and special exception consideration to affix a public utility wireless antenna to an existing lattice tower and install rolated equipment at the premises located on a 12..27 acre pamel west of Peconic Lane in the R-80 Zoning District; and WHEREAS, on September 16, 2010, the Southold Town Planning Board, acting under the State Environmental Quality Review ACt pursuant to 6 NYCRR Part 617, Section 617.7, initiated the SEQRA lead agency coordination process for this Unlisted Action; therofore, be it RESOLVED, that the Southold Town Planning Board acting under the State Environmental Quality Review Act, performed a coordinated roview of this Unlisted Action and as lead agency, makes a determination of non-significance and grants a Negative Declaration. William Cromers: Second the motion. Southold Town Plannin.q Board Pa,qe Ten October 18, 2010 Martin Sidor: Motion made and seconded. Any discussion? All in favor?. Ayes. Martin Sidor: Motion carries. 6:15 p.m. - MetroPCS, NY, LLC at Penny - This application is for site plan and special exception consideration to affix a public utility wireless antenna at a height of 75' to the outside of an existing 100' flag pole and install related equipment on the ground at the premises located on a 3.8-acre parcel in the LI Zoning Distdct at 12585 Sound Avenue, 400' e/o Lipco Road in Mattituck. SCTM#1000-141-3-38.1. John Cou.qhlin (a.qain, on behalf of the applicant): If it pleases the Board, I can interpret much of the previous introduction as to this application. It is again on behalf of MetroPCS. They do seek approval from this Board, both Site Plan and Special Exception: approval to install three antennaes with antenna lines of 75' on the existing flagpole monopole. Currently a flag is not being flown by T-Mobile, who is the odginal approved applicant. Just for the record, I have a copy of the T-Mobile resolution. T- Mobile obtained approval from this Board or at least the Board as constituted in 2004. T-Mobile proposed and then built the pole in such a fashion that interior location of antennaes is only available in the spot where T-Mobile has already located its antenna. That is the reason that MetroPCS is currently proposing to affix its antennaes to the outside of the pole at a height below those sections where T-Mobile's antennaes are affixed. Again, in this instance, MetmPCS has prepared and submitted photographic simulations of what the pole would look like, radio frequency maps showing the proposed coverage that they expect the site would provide. Additionally, an FCC Compliance Analysis has been done with this site. As with the Police Station lattice tower, it was determined that the (inaudible) emissions from the existing T-Mobile antennaes and the proposed MetroPCS antennaes would still be many, many, many times below the FCC limits--again, less than 1% of those limitations. I have the same team of individuals here to answer questions on this application. The only additional materials that I have again, are the Planning Report--Mr. Reinertsen concluded there are no negative Planning effects--and the appraisal report of Mr. Lynch concluding that there's no negative impact on real estate values in the area. That being said, I would imagine that Mr. Comi might like to comment in recommendation to the Board. But again, all these folks are available for any questions. Heather Lanza: I have a quick question: do you have a before and after photo like you did for the other one? Yes; they were already submitted as part of the odginal special permit. Heather Lanza: Could you bdng that one up? Southold Town Planninq Board Page Eleven October 18, 2010 John Cou.qhlin: The Exhibit 4 that's being passed around there. That one is at 345' away. That's the closest photo simulation that was done and submitted to the Board and submitted as part of this application from the quarter. Now considering the visibility of the proposed facility (inaudible) I apologize for not making that comment as to the prior application. As the Board is aware, request for a waiver from the landscaping provision in the Code was made at least in part for both of these considering the lack of visibility (inaudible) proposed equipment. Recognizing following the most recent work session, the Board also pointed out there might be (inaudible) on the north side of the equipment. (inaudible) double row screening around the back side for the benefit of the lumber yard, or just (inaudible). Martin Sidor: Thank you. Richard Comi: I would like to agree with Mr. Coughlin. We finally figured out why they want a flush mount on the outside; that being that when the pole was built up to 80', it was built with steel and there are only compartments where T-Mobile is already using them. So, in the visuals that they provided you, they show flush mounting on the outside of the pole. The choice of the Board, obviously, that's what they're proposing. If the Board wanted to, I'm sure that the applicant would provide a mesh screen over the top of those antennaes. They've also--and I don't know if they have the rendering here or not--I couldn't find it in my application--provided a rendering of a bubble where they antennaes would go. You don't have it with you? Anyway, what they've done, you've got a pole about this big around. And where the antennaes are, they've made a bubble arrangement at that level--that's the other choice. If the Board deems that those, based on where they were, were exceedingly obtrusive, the only other alternative would be to take down the monopole, build one as they are building them today with three compartments in them--one for T-Mobile, one for Metro and a third spare compartment for another carrier. Those are the choices. Again, as far as any kind of a condition, because this has been there for more than five years, I would have the same condition as I had before. And that's if it's granted approval, then they need to do the ANSI inspection and agree that any deficiencies found would be corrected. That's the only condition I have relevent to this application. Thank you. Martin Sidor: Thank you. John Couqhlin: Just a couple of things here in response to those comments raised by Mr. Comi. Originally when we approached the Town with this proposal, we got feedback from Planning Staff as to what was preferred; that being the flush mount by themselves or the rado method, or the shell around the proposed antennaes. After reviewing a sample photograph--which I can't seem to get my hands on at this very moment-with Ms. Winser, of a section that was actually affected, it was determined that the rado added more visual bulk, and that simply flush mounting the antennaes without the bubble around them (inaudible) concealed would be less visually intrusive, which is why MetroPCS pursued that design option. I tend to agree, but again wanted to leave that for the Town. Southold Town Planninq Board Pa.qe Twelve October 18, 2010 As to the full replacement of the pole, I believe there is relative correspondence from the engineers, MTM, Mr. 's group, that deals with the various operational challenges that would be faced if that were to be done. Again, T-Mobile would need to shut down for that period of time to be able to do so, and I don't know what type of cooperation we would get from them. (inaudible) So we would as that Metro not be faced with having to erect a new pole and be allowed to do what I think my team agrees is the less obtrusive installation without the radon attached to it. Martin Sidor: Thank you. Anyone else? Joseph Townsend: I make a motion to close the hearing. William Cremers: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Joseph Townsend: I will offer the following resolution: WHEREAS, this application is for site plan and special exception consideration to affix a public utility wireless antenna at a height of 75' to the outside of an existing 100' flag pole and install related equipment on the ground at the premises located on a 3.8-acre parcel 400' e/o Lipco Road in the LI Zoning District; and WHEREAS, on September 16, 2010, the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, initiated the SEQRA lead agency coordination process for this Unlisted Action; be it therefore, RESOLVED, that the Southold Town Planning Board acting under the State Environmental Quality Review Act, performed a coordinated review of this Unlisted Action and as lead agency, makes a determination of non-significance and grants a Negative Declaration. William Cremers: Second the motion. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Southold Town Planning Board Page Thirteen October 18, 2010 CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE- SUBDIVISIONS (Lot Line Changes) Final Determinations: Fishers Island Utility Co. & 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 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 area in the R-80 Zoning 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. Kenneth Edwards: Mr. Chairman, I would like to offer the following resolution: WHEREAS, on May 24, 2010, the Southold Town Planning Board reviewed and accepted the above-referenced application; and WHEREAS, the Town of Southold Planning Board granted Conditional Final Approval on August 9, 2010 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 ora copy to this office; and WHEREAS, a copy of the new deeds filed with the Office of the Suffolk County Clerk pertaining to this lot line change were submitted to this office on October 4, 2010; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants Final Approval of the Lot Line Modification as shown on the survey map, dated September 24, 2009, prepared by CME Engineering, Land Surveying and Architecture, PLLC. 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 Pa.qe Fourteen October 18, 2010 Penny, George IV - This proposal is to amend Lot 3 on the approved map for the Major Subdivision of Papadopoulos & Maragos by removing a notation and delineation for a 25' possible future right-of-way noted on the map as "reserved for possible dedication to the Town" and which has never been constructed. The property is located on the n/e/s/o Kenny's Road, 705.05' n/w/o CR 48 in Southold. SCTM#1000-59-3-17.3. William Cremers: I will offer the following resolution: WHEREAS, this proposal is to amend Lot 3 of the filed approved major subdivision map for Papadopoulos & Maragos, a major subdivision which created 5 lots on 14.344 acres in 1988; and WHEREAS, Mr. George Penny owns Lot #3, SCTM#1000-59-17.3, which totals 6.967 acres and which has upon it a 25' wide area noted as "Reserved for Possible Future Dedication to the Town", running alongside a Long Island Power Authority power line utility easement; and WHEREAS, on October 5, 2009, the petitioner requested that the Southold Town Planning Board consider removing the 25' wide area reserved area delineation and notation from Lot 3 of the filed and approved subdivision map; and WHEREAS, this 25' wide area with the above-referenced notation was created as a condition of subdivision approval in the event adjacent properties were to be further subdivided and the use of a connecting road would have been required; and WHEREAS, the adjacent property (SCTM#1000-59-3-26.1) has not been subdivided to date; and WHEREAS, should the above-referenced adjacent property be subdivided, there is access from C.R. 48; and WHEREAS, should the above-referenced adjacent property be subdivided, the proposed 25' width would not meet current Southold Town Highway Specifications (§161-15) for right-of-way width to accommodate a subdivision of more than 5 lots; and WHEREAS, the Southold Town Planning Board has reviewed the file for the creation of the above-referenced major subdivision and has found no reason to keep the notation on the map; and WHEREAS, on March 8, 2010, a public hearing on the matter was held and closed by the Planning Board; be it therefore Southold Town Planninq Board Pa.qe Fifteen October 18, 2010 RESOLVED, that the Southold Town Planning Board hereby rescinds the previously issued Conditional Final Approval granted on April 12, 2010 upon the subdivision map of Argirios Papadapoulos and George Maragos; 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 grants Approval to the petitioner's request to amend Lot 3 of the filed subdivision map known as the "Subdivision Map of Argirios Papadopoulas and George Maragos" originally filed on August 4, 1988, by removing the delineation of the proposed future right-of-way, as well as the notation "Reserved For Possible Future Dedication To The Town". Joseph Townsend: Second the motion. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Setting of Public Hearings: Sawicki, Edward - This is a proposed 3-lot 80/60 conservation subdivision as the first step of an Open Development Area (ODA) on a total of 13.0464 acres in the A-C Zoning District. Lot 1= 21,288 s.f., Lot 2=62,401 s.f. & Lot 3=484,612 s.f., with 27,635 s.f. reserved area, & a preserved area with the Development Rights of 456,977 s.f. sold. The property is located at 2700 NYS Route 25 in Laurel. SCTM#1000-125-3-4.1. Kenneth Edwards: I will offer the following resolution: Be it RESOLVED, that the Southold Town Planning Board sets Monday, November 15, 2010 at 6:00 p.m. for a Final Public Hearing at the Southold Town Hall regarding the map entitled "Cluster Conservation Subdivision of Sawicki Farm at Laurel" prepared by John T. Metzger, L.S., dated January 22, 2010, last revised on September 17, 2010. Southold Town Planning Board Pa.qe Sixteen October 18, 2010 William Cremers: Second the motion. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Demchak, Michael & Maria - This is a proposed 5-lot 75/75 conservation subdivision on 33.9890 acres in the A-C Zoning District as the first step in creating an Open Development Area (ODA). Lot 1= 66,728 s.f., Lot 2=77,348 s.f., Lot 3=60,213 s.f., Lot 4=111,450 s.f. where 44,768 s.f. are clustered subdivision open space & Lot 5=1,161,821 s.f. where the Development Rights will be sold to the Town of Southold. The property is located on Oregon Road in Cutchogue. SCTM#1000-84-1-11 & 12.1. Joseph Townsend: I'd like to offer the following resolution: RESOLVED, that the Southold Town Planning Board sets Monday, November 15, 2010 at 6:02 p.m. for a Final Public Hearing at the Southold Town Hall regarding the map entitled "Cluster Subdivision Map for Michael Demchak and Maria Demchak", prepared by Howard W. Young, L.S., dated July 20, 2010 and last revised on September 7, 2010. Kenneth Edwards: Second the motion. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Bayberry Estates - This is a proposed standard subdivision of a 50.0609-acre parcel into 18 lots and two (2) open space parcels, where the lots range in size from 28,235 sq. ft. to 36,400 sq. ft., with the open space parcels totaling 35.0227 acres, excluding the wetlands in the R-80 Zoning District. The property is located on the w/s/o Laurel Avenue, approximately 150' s/o Yennecott Drive in Southold. SCTM#'s 1000-55-6-35 & 36 & 56-1-1. William Cremers: Be it RESOLVED, that the Southold Town Planning Board sets Monday, November 15, 2010 at 6:04 p.m. for a Preliminary Public Hearing at the Southold Town Hall regarding the map entitled "Subdivision Map Bayberry Estates - Southold Town Planning Board Page Seventeen October 18, 2010 Preliminary Plat" prepared by Howard W. Young, L.S., dated October 31, 2006 and last revised on August 24, 2010. Donald Wilcenski: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. SITE PLANS Final Determinations: Orlowski Hardware Company - This site plan is for the conversion of the 2nd floor of an existing building to 2,797 sq. ft. of office space where the existing basement is 2,797 sq. ft. of storage space, the existing first floor is 6,757 sq. ft. of retail space for a hardware store and 1,073 sq. ft. of retail for a clothing store where 70 parking spaces are required and no parking is provided on site but use of nearby municipal parking is proposed on a .27-acre parcel in the Hamlet Business Zone on the s/e corner of Love Lane and Pike Street, known as 320 Love Lane in Mattituck. SCTM#1000-140-3-3.4. Kenneth Edwards: I will offer the following resolution: WHEREAS, this site plan is for the proposed conversion of the 2nd floor of an existing building to 2,797 sq. ft. of office space where the existing basement is 2,797 sq. ft. of storage space, the existing first floor is 6,757 sq. ft. of retail space for a hardware store and 1,073 sq. ft. of retail for a clothing store where 70 parking spaces are required and no parking is provided on site but use of nearby municipal parking is proposed on a .27- acre parcel in the Hamlet Business Zone on the s/e corner of Love Lane and Pike Street known as 320 Love Lane in Mattituck, SCTM#1000-140-3-3.4; and WHEREAS, Love Lane Realty is the owner of the property located on the s/e corner of Love Lane and Pike Street, known as 320 Love Lane, in Maftituck; and WHEREAS, on September 6, 2006, the agent, Francis J. Yakaboski, Esq., working for the applicant, Richard Orlowski, submitted a new formal site plan for approval; and WHEREAS, on October 5, 2006, the Architectural Review Committee reviewed the architectural drawings and associated site plan materials and approved the project; and Southold Town Planninq Board Page Eighteen October 18, 2010 WHEREAS, on October 16, 2006, the Southold Town Planning Board, acting under the State Environmental Quality Review Act (6 NYCRR), Part 617.5 c, made a determination that the proposed action is a Type II and not subject to review; and WHEREAS, on October 20, 2006, the Suffolk County Department of Planning responded after review and determined that this matter is for "local determination as there appears to be no significant county-wide or inter-community impact(s)" and the Planning Board accepted this pursuant to 239 L & M General Municipal Law; and WHEREAS, on October 25, 2006, the Mattituck Fire District responded that no additional requirements for fire protection were necessary but that consideration of a second emergency exit from the second floor proposed office area be considered and the Planning Board accepted this recommendation; and WHEREAS, on November 20, 2006, the Suffolk County Department of Health Services responded after review that an application has been received under Reference Number C10-06-0015 and the application is incomplete pending the submission of the following items: Office of Pollution Control approval for sanitary abandonment Board of Review determination regarding non-conformance with Department construction standards; and WHEREAS, on November 30, 2006, the Planning Board sent a letter to the agent, Francis Yakaboski, Esq., requiring that the recommendation of the Mattituck Fire District be addressed; and WHEREAS, on December 5, 2006, the Southold Town Building Inspector reviewed and certified the site plan for an "Office" use; and WHEREAS, on December 8, 2006, Nancy Steelman, R.A., responded by letter addressing the recommendation of the Mattituck Fire District and the Planning Board, and, after review, continues to agree with the recommendation of the Mattituck Fire District; and WHEREAS, on December 27, 2006, the Suffolk County Department of Health Services responded that the SCDHS Board of Review would review this case at the Variance Hearing scheduled for January 18, 2007 under Reference Number C10-06-0015; and WHEREAS, on January 5, 2007, the Southold Town Engineer reviewed the site plan materials and replied with comments and the Planning Board accepted these comments; and Southold Town Planninq Board Pa.qe Nineteen October 18, 2010 WHEREAS, on January 12, 2010, the Southold Town Planning Board received a letter from the Mattituck Fire District that they voted to accept the applicant's proposal of an escape window by means of a portable or folding emergency exit ladder on the second floor south facing window; and WHEREAS, on January 24, 2007, the Suffolk County Board of Review granted the request for a variance/waiver subject to covenants & restrictions filed with the Suffolk County Clerks Office on Liber 12532 and Page 236; and WHEREAS, the Southold Town Planning Board, pursuant to Town Code §280-78, waived the parking requirements for the proposed site plan as the subject parcel is zoned Hamlet Business and municipal parking facilities exist within 300' of the proposed use and will adequately serve this proposed use; and WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing, received affidavits that the applicant has complied with the notification provisions for the public hearing; and WHEREAS, on January 9, 2007, the Southold Town Planning Board granted approval with conditions on the site plan drawings, Sheets 1-4, prepared and certified by Nancy Steelman, R.A. of Samuels & Steelman Architects, dated September 5, 2006 and last revised January 5, 2007, and authorized the Chairman to endorse the site plans; and WHEREAS, on September 21, 2010, the applicant submitted their Suffolk County Department of Health Services approval, Reference Number C10-06-015, for dry retail/storage/non-medical offices; and WHEREAS, the site plan was reviewed at the Planning Board Work Session, held September 27, 2010, where it was determined that the applicant satisfied the conditions of the January 9, 2007 approval, one of those conditions being approval by the Suffolk County Department of Health; therefore, be it RESOLVED, that the Southold Town Planning Board has reviewed the proposed action under the policies of the Town of Southold Local Waterfront Revitalization Program and has determined that the action is consistent provided that the best management practices outlined in the October 23, 2006 memo prepared by the LWRP Coordinator are implemented; 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 Pa.qe Twenty October 18, 2010 Kenneth Edwards: and be it further RESOLVED, that the Southold Town Planning Board approves the site plan drawing, Sheet 1, prepared and certified by Nancy Steelman, R.A. of Samuels & Steelman Architects, dated September 5, 2006 and last revised October 30, 2006 with the Suffolk County Department of Health stamp dated February 8, 2008, and authorizes the Chairman to endorse the site plan. William Cremers: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Final Extensions: The Old Bar,qe Restaurant - This amended site plan is for a new second floor addition of 1,397 sq. ft. and an alteration to 3,923 sq. ft. of existing building space on a 1.4438- acre parcel in the M-II Zone located on the s/s/o Old Main Road, approximately 1,953' w/o Dolphin Drive, known as 750 Old Main Road in Southold. SCTM#1000-56-6-8.7. Joseph Townsend: I will offer the following resolution: WHEREAS, the applicant, Carol R. Denson, proposes the amended site plan for a new second floor addition of 1,397 sq. ft. and an alteration to 3,923 sq. ft. of existing building space on a 1.4438 acre parcel in the M-II Zone; and WHEREAS, the C.D. Reiter Partnership is the owner of the property known as SCTM# 1000-56-6-8.7 located on the s/s/o Old Main Road, approximately 1,953' w/o Dolphin Drive, known as 750 Old Main Road, in Southold; and WHEREAS, on November 7, 2003, a formal, site plan application was submitted for approval; and WHEREAS, on March 15, 2005, the Southold Town Planning Board granted Final Approval on the site plan prepared and certified by Robert I. Brown, Licensed Architect, dated November 5, 2003 and last revised February 18, 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 site plan approval expired on March 14, 2008; and Southold Town Planning Board Pa.qe Twenty-One October 18, 2010 WHEREAS, on January 15, 2010, the NYS Department of Environmental Conservation (NYSDEC) approved a drainage plan and issued Permit Number #1-4738-01665/00003, effective January 19, 2010; and WHEREAS, the applicant, in a letter dated August 3, 2010, requested for the Planning Board to re-issue an approval that expired on March 14, 2008; and WHEREAS, the Planning Board agreed to extend the site plan approval at a Work Session held on September 13, 2010 provided the Town Engineer was satisfied with the revised drainage plan; and WHEREAS, on September 22, 2010, the Southold Town Board of Trustees issued Permit #7399 in accordance with the site plans prepared by Condon Engineering, P.C., dated June 2, 2009 and last revised September 29, 2009, and also depicted on the re- vegetation plan last dated November 4, 2009; and WHEREAS, on September 28, 2010, the Town Engineer commented that the plan approved by the NYSDEC meets the minimum requirements of Town Code Chapter 236 Storm Water Management; and WHEREAS, on October 5, 2010, the applicant was informed that all exterior luminers installed, replaced or repaired shall conform to the new lighting code standards requiring Dark Sky compliant fixtures to be fully shielded; therefore, be it RESOLVED, that the Southold Town Planning Board grants approval on the drainage plans stamped by the NYSDEC approved on January 15, 2010, prepared by Condon Engineering, P.C., dated June 2, 2009 and last revised September 29, 2009, and also depicted on the re-vegetation plan last dated November 4, 2009; William Cremers: 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 grants a 3-year extension of Site Plan Approval retroactive from March 14, 2008 to March 15, 2011 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 Pa.qe Twenty-Two October 18, 2010 Martin Sidor: Motion carries. Set Hearings: Peconic Bay Winery - This amended site plan is for a change of use of an existing farm stand (639 sq. ft.) to a retail use, additional parking on site for the existing retail winery and 3 solar panels in connection with the over-all use on this 27.031-acre parcel split-zoned Business/Residential 80 District. The site is located at 31320 NYS Route 25, on the s/s/o Main Road, approximately 450' e/o Stillwater Avenue in Cutchogue. SCTM#1000-103-1-19.12. William Cremers: I will offer the following resolution: Be it RESOLVED, that the Southold Town Planning Board sets Monday, November 15, 2010 at 6:06 p.m. for a public hearing at the Southold Town Hall regarding the site plan dated August 5, 2010, prepared by Mark K. Swartz, AIA, for the above-referenced application. Joseph Townsend: Second. 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 September 13, 2010 Regular Meeting. Joseph Townsend: So moved. William Cremers: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Southold Town Planning Board Page Twenty-Three October 18, 2010 Martin Sidor: Does anyone on the Board wish to put anything on the minutes? Hearing none, I need a motion for adjournment. Joseph Townsend: So moved. William Cremers: Second. 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 6:50 p.m. Respectfully submitted, Sidor, Chair~ RECEIVED NOV 1 6 2010 Southold Town Clerk