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HomeMy WebLinkAboutPB-02/14/2011PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH III 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 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PUBLIC MEETING MINUTES Monday, February 14, 2011 6:00 p.m. Present were: Martin H. Sidor, Chairperson William J. Cremers, Member Kenneth L. Edwards, Member James H. Rich III, Member Donald J. Wilcenski, Member Heather Lanza, Planning Director Mark Terry, Principal Planner Kristy Winser, Planner Tamara Sadoo, Planner Carol Kalin, Secretary RECEIVED ~-~. ~'~ I~AI:I 1 6 2011 own Clerk SETTING OF THE NEXT PLANNING BOARD MEETING Martin Sidor: Good evening, and welcome to the Southold Town Planning Board's regularly-scheduled monthly Public Meeting. Our first order of business is to set Monday, March 14, 2011 at 6 p.m. at the Southold Town Hall, Main Road, Southold, as the time and place for the next regular Planning Board Public Meeting. Donald Wilcenski: So moved. William Cremers: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor?. Ayes. Martin Sidor: Motion cardes. We have no public hearings tonight. We will move through the Agenda. Southold Town Planninq Board Pa.qe Two February 141 2011 POLICIES Lot Line Modification/Re-Subdivision Policy - The Planning Board will set a new policy for processing certain applications for lot line modifications/re-subdivisions where an approval from the Suffolk County Department of Health Services will not be required prior to approval from the Planning Board. William Cremers: Mr. Chairman, I will offer the following resolution: WHEREAS, the Southold Planning Board has found that applications for lot line modifications (re-subdivisions) often involve very minor adjustments of lot lines, or adjustments that result in no new development potential; and WHEREAS, the Southold Planning Board, pursuant to §240-56 of the Town Code, has the authority to waive certain requirements in the subdivision review process; and WHEREAS, the Southold Planning Board, by way of this policy, intends to simplify and shorten the application process for certain lot line modification (aka re-subdivision) requests by reducing the number of agency approvals necessary prior to Planning Board approval; NOW, THEREFORE, BE IT RESOLVED that the Planning Board of the Town of Southold hereby adopts the "Lot Line Modification/Re-subdivision Application Process Policy" as follows: Lot Line Modification/Re-subdivision Application Process Policy The following applications for lot line modifications (re-subdivisions) are eligible for a decision from the Southold Planning Board prior to receiving approval by the Suffolk County Department of Health Services (SCDHS): 1. The transfer of land from an oversized parcel (larger than the minimum zoning requires) where the oversized parcel remains above the minimum lot size required, and where no new development potential will be created in the parcel to which the land is transferred. 2. The transfer of land between two or more parcels, all of which are currently developed and can produce legal certificates of occupancy, which results in no new development potential. 3. The transfer of land between two or more parcels, vacant or developed, where the SCDHS has previously approved the subdivision map, and where the two lots will remain at or above the minimum lot size required by zoning. 4. Other situations where the Planning Board finds the amount of land being transferred is negligible will result in no additional residential units being developed, and that there will be no impact to wetlands or other sensitive environmental features. Southold Town Planning Board Pa.qe Three February 14, 2011 The Planning Board shall formally waive the requirement for SCDHS approval by resolution prior to their decision resolution. The following language shall also be included in every Planning Board decision resolution containing the waiver of the requirement for SCDHS approval: 'The Southold Town Planning Board, in waiving the requirement for SCDHS approval prior to their own approval, is simply waiving a technical requirement of final plat approval under the Town Code and makes no representations as to whether SCDHS approval is required. SCDHS approval of this lot line change may be necessary to be in compliance with the Suffolk County Sanitary Code, and to be eligible for future construction or renovations.' The following clause will also be inserted at the end of the resolution and the applicant required to sign a copy for our files: '1 understand that Southold Town Planning Board approval of this lot line modification does not grant, guarantee or waive an approval, if required, from the Suffolk County Department of Health Services. I understand that I will need to apply separately to the SCDHS for any applicable approvals.' Signature of Applicant Kenneth Edwards: 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 Preliminary Determination Extensions: Batta.qlia, Joseph & Heidi - This is a standard subdivision of 2.32 acres into two lots where Lot 1 = 43,213 s.f. and Lot 2 = 57,809 s.f. in the R-40 Zoning District. This site is located at 1720 Hobart Road, on the west side of Hobart Road, approximately 1,059 feet north from Terry Lane, Southold. SCTM#1000-64-3-3. Southold Town Plannin.q Board Pa.qe Four February 14, 2011 Donald Wilcenski: I know that some of the guests here this evening possibly think they can speak on behalf of this subject. This is not an open hearing. We have the letters we received from you and we will keep them in the file. During the final determination, if the Board deems so, we could hold another public hearing at that time. So, if you would like to continue to check with the Planning Department staff or write additional letters, we will take them into consideration at the time of the final. With that, Mr. Chairman, I would offer the following resolution: WHEREAS, this proposal is for a standard subdivision of 101,002 sq. ft. into two lots where Lot One is 43,213 sq. ft. and Lot Two is 57,809 sq. ft. in the R-40 Zoning District; and WHEREAS, an application for Sketch Approval was submitted on November 3, 2008; and WHEREAS, on February 23, 2009, the Southold Town Planning Board acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, established itself as lead agency for the Unlisted Action; and WHEREAS, on April 27, 2009, the Southold Town Planning Board resolved to waive the prohibition on disturbance of existing conditions to allow for the demolition of an existing barn, and again on June 9, 2009, to allow for the demolition of an existing house and construction of a new house; and WHEREAS, the Southold Town Planning Board granted Conditional Sketch Approval on July 14, 2009 upon the map entitled "Standard Subdivision of Joseph & Heidi Battaglia", dated May 28, 2008 and last revised April 18, 2009, prepared by Nathan Taft Corwin III, L.S.; and WHEREAS, on October 19, 2009, the applicant submitted an application for Preliminary Approval; and WHEREAS, on January 11, 2010, a Preliminary Public Hearing was held and closed on the Preliminary Subdivision Plat entitled "Standard Subdivision of Joseph & Heidi Battaglia", dated May 28, 2008 and last revised April 18, 2009, prepared by Nathan Taft Corwin, III, L.S.; and WHEREAS, on February 8, 2010, the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR Part 617, Section 617.7, based upon an uncoordinated review of this Unlisted Action made a determination of non-significance and granted a Negative Declaration; and WHEREAS, on February 8, 2010, the Southold Town Planning Board granted Conditional Preliminary Approval upon the Preliminary Subdivision Plat entitled "Standard Subdivision of Joseph & Heidi Battaglia", dated May 28, 2008 and last revised April 18, 2009, prepared by Nathan Taft Corwin, III, US., subject to six (6) conditions; and Southold Town Planninq Board Page Five February 14, 2011 WHEREAS, on August 8, 2010, the Conditional Preliminary Approval granted on February 8, 2010 expired; and WHEREAS, on September 7, 2010, the applicant requested that Conditional Preliminary Approval be extended; and WHEREAS, the Southold Town Planning Board has been reviewing a re-vegetation plan submitted by the applicant in conjunction with the Southold Town Trustees prior to considering the request for an extension of Conditional Preliminary Approval; and WHEREAS, the review of the re-vegetation plan is now complete; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants an extension of Conditional Preliminary Approval for the above-referenced subdivision from August 8, 2010 to August 8, 2011. William Cremers: Second the motion. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. SPECIAL EXCEPTIONS MetroPCS~ NY, LLClPenny Lumber - This application is for special exception consideration to affix a wireless antenna at a height of 75' to the outside of an existing 100' antenna support structure and install related equipment on the ground at the premises located on a 3.8-acre parcel located at 12585 Sound Avenue, 400' east of Lipco Road, in the LI Zoning District. SCTM#1000-141-3-38.1 James Rich II1: Mr. Chairman, I will offer the following resolution: WHEREAS, this application is for site plan and special exception consideration to affix a wireless antenna at a height of 75 feet to the outside of an existing 100' antenna support structure and install related equipment on the ground at the premises located on a 3.8 acre parcel 400 feet east of Lipco Road in the LI Zoning District; and WHEREAS, the above-referenced request for Special Exception Approval for a public utility wireless communication facility was submitted for review on April 23, 2010 including a site plan prepared by Lou Moglino, AIA, dated March 12, 2010; and Southold Town Planning Board Page Six February 14, 2011 WHEREAS, the submission by the applicant has been reviewed and corroborated with an independent technical consultant retained by the Town to assist in the review process; and WHEREAS, on September 13, 2010, the General Requirements in 280-70 were met; and WHEREAS, on September 13, 2010, the Southold Town Planning Board distributed the application to agencies having jurisdiction for their comments; and WHEREAS, the comments from those agencies having jurisdiction and by the independent radio frequency engineer retained by the Town were received and accepted by the Planning Board, discussed with the applicant, and incorporated into the site plan to the satisfaction of the Planning Board; 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; and WHEREAS, the Southold Town Planning Board agreed to waive the requirement to construct an entirely new antenna support structure that meets the Town Code, pursuant to §280-76.2F. It was determined that the pre-existing antenna support structure, though not in compliance with the Town Code, could be allowed due to the finding by the Planning Board that the structure is already located in a place that would comply the same as any alternate locations, and the new antennas will be constructed to be as unobtrusive as possible; and WHEREAS, on October 18, 2010, the Town of Southold LWRP Coordinator reviewed the above-referenced project and recommended the proposed project be found consistent with Southold Town LWRP policies; and WHEREAS, on October 18, 2010, a public hearing was held and closed by the Southold Town Planning Board regarding the special exception consideration and site plan; and WHEREAS, on October 18, 2010, 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, made a determination of non-significance and granted a Negative Declaration; and WHEREAS, on November 12, 2010, the Southold Town Building Inspector reviewed the plan and certified that the proposed action is a permitted use in this Light Industrial Zoning District; and Southold Town Plannin.q Board Pa.qe Seven February 14, 2011 WHEREAS, the Southold Town Planning Board reviewed the application to determine whether it satisfied the requirements for a special exception pursuant to Town Code Section 280-142 as follows: 1. That the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts. The tower already exists and the new antennas are flush-mounted to reduce visibility as much as possible. The equipment cabinets are not visible from outside the property. 2. That the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located or of permitted or legally established uses in adjacent use districts. The property is used for industrial purposes. 3. That the safety, the health, the welfare, the comfort, the convenience or the order of the Town will not be adversely affected by the proposed use and its location. The antenna support structure already exists, and the facility has been found to meet the Maximum Permissible Exposure limits set by the Federal Communications Commission. 4. That the use is in harmony with and promotes the general purposes and intent of this chapter. 5. That the use is compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regard to visibility, scale and over-all appearance. The antennas are flush-mounted as close to the existing structure to minimize the visual obtrusiveness as much as possible. 6. That all proposed structures, equipment and material shall be readily accessible for fire and police protection; and WHEREAS, the Southold Town Planning Board reviewed the application to determine whether it met the additional standards for a Special Exception Approval for a Wireless Communication Facility pursuant to §280-73B as follows: 1. Modification of the existing facility for a co-location of another wireless carrier has been found to be a public necessity, in that it is required to meet current or expected demands of the telecommunications provider and to render adequate service to the public. 2. The applicant is co-locating their antennas on an existing antenna support structure. 3. It is more feasible to co-locate the antennas on the existing structure rather than construct a new structure. A new structure is not desirable because it would contribute to visual clutter; be it therefore, RESOLVED, that the Southold Town Planning Board hereby finds that the standards for Special Exception Approval have been met; Kenneth Edwards: Second the motion. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Southold Town Planning Board Ayes. Martin Sidor: Motion carries. Page Eight Februa~ 1412011 James Rich II1: and be it further RESOLVED, that the Southold Town Planning Board has determined that the action is consistent under the policies of the Town of Southold Local Waterfront Revitalization Program; Donald Wilcenski: Second the motion. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. James Rich II1: and be it further RESOLVED, that the Southold Town Planning hereby grants a waiver of 280-76. lA., "Pre-existing antenna support structures and antennas not in compliance"; William Cremers: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. James Rich II1: and be it further RESOLVED, that the Southold Town Planning Board grants Approval for the Special Exception Consideration for Metro PCS at Penny Lumber. William Cremers: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Southold Town Plannin.q Board Pa.qe Nine February 14,2011 SITE PLANS Final Determinations: MetroPCS, NY, LLCIPenny Lumber - This application is for site plan approval to affix a wireless antenna at a height of 75' to the outside of an existing 100' antenna support structure and install related equipment on the ground at the premises located on a 3.8- acre pamel at 12585 Sound Avenue, 400' east of Lipco Road in the LI Zoning District. SCTM#1000-141-3-38.1. Kenneth Edwards: Mr. Chairman, I would like to offer the following resolution: WHEREAS, this application is for site plan and special exception consideration to affix a wireless antenna at a height of 75 feet to the outside of an existing 100' antenna support structure and install related equipment on the ground at the premises located on a 3.8 acre parcel 400 feet east of Lipco Road in the LI Zoning District; and WHEREAS, the above-referenced request for Special Exception Approval for a public utility wireless communication facility was submitted for review on April 23, 2010 including a site plan prepared by Lou Moglino, AIA, dated March 12, 2010; and WHEREAS, the submission by the applicant has been reviewed and corroborated with an independent technical consultant retained by the Town to assist in the review process; and WHEREAS, on September 13, 2010, the Planning Board determined that the General Requirements in 280-70 were met; and WHEREAS, on September 13, 2010, the Southold Town Planning Board distributed the application to agencies having jurisdiction for their comments; and WHEREAS, the comments from those agencies having jurisdiction and by the independent radio frequency engineer retained by the Town were received and accepted by the Planning Board, discussed with the applicant, and incorporated into the site plan to the satisfaction of the Planning Board; 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; and WHEREAS, on October 18, 2010, the Town of Southold LWRP Coordinator reviewed the above-referenced project and recommended the proposed project be found consistent with Southold Town LWRP policies; and Southold Town Planning Board Pa.qe Ten February 14, 2011 WHEREAS, on October 18, 2010, a public hearing was held and closed by the Southold Town Planning Board regarding the special exception consideration and site plan; and WHEREAS, on October 18, 2010, 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, made a determination of non-significance and granted a Negative Declaration; and WHEREAS, this application is eligible for waiver of landscaping requirements under §280-76.2C and the Planning Board has determined that the landscaping may be waived in this case due to the industrial uses existing on the subject parcel, and the equipment area is not readily visible from any public vantage points; and WHEREAS, on November 12, 2010, the Southold Town Building Inspector reviewed the plan and certified that the proposed action is a permitted use in this Light Industrial Zoning District; and WHEREAS, on February 15, 2011, the Southold Town Planning Board granted Special Exception Approval for this application; be it therefore RESOLVED, that the Southold Town Planning Board has determined that the action is consistent under the policies of the Town of Southold Local Waterfront Revitalization Program; William Cremers: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Kenneth Edwards: and be it further RESOLVED, that the Planning Board hereby waives landscaping pursuant to Section §280-76.2 C. as shown on the Partial Site Plan & Equipment Plan Z-05 as described above; Donald Wilcenski: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Southold Town Planning Board Pa,qe Eleven February 14, 2011 Kenneth Edwards: and be it further RESOLVED, that the Southold Town Planning Board grants Approval with Conditions and authorizes the Chairman to endorse the site plan entitled "Metro PCS" prepared by Lou Moglino, R.A. dated June 02, 2009 and last revised April 12, 2010, including the following plans: 1. T-1 Title Sheet 2. Z-01 Zoning Map 3. Z-02 Property Maps & Information 4. Z-03 Site plan & Zoning Information 5. Z-04 Site plan & Zoning Information 6. Z-05 Partial Site Plan & Equipment Plan 7. Z-06 Monopole Elevations & Details 8. Z-07 Equipment Details Donald Wilcenski: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. 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 at 825 NYS Rt. 25, approximately 200' east of Bailey Avenue, on the north side of NYS Route 25 in the R-80 Zoning District. SCTM#1000-35-1-24 William Cremers: Mr. Chairman, I will offer the following: WHEREAS, 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; and WHEREAS, on April 14, 2010, an application for site plan was submitted for review including a site plan prepared by Nancy Steelman, R.A., dated April 14, 2010; and WHEREAS, on May 17, 2010, the Southold Town Planning Board formally accepted the application for review and distributed the application to agencies having jurisdiction for their comments and the following agencies responded: Town Engineer, Architectural Review Committee, Greenport Fire District; Greenport Village, Southold Town Trustees, Suffolk County Department of Health Services, NYS Office of Parks, Recreation and Historic Preservation and NYS DOT; and Southold Town Plannin.q Board Pa.qe Twelve February 14, 2011 WHEREAS, the comments from those agencies having jurisdiction were received and accepted by the Planning Board, discussed with the applicant, and incorporated into the site plan to the satisfaction of the Planning Board; and WHEREAS, on May 17, 2010, the Southold Town Planning Board, pursuant to Southold Town Code §280-131 C., distributed the application to the Suffolk County Planning Commission; and WHEREAS, on June 1, 2010, the comments were received by the Suffolk County Planning Commission and the site plan was determined to be a matter of local determination; and WHEREAS, on August 13, 2010, the NYS DEC issued a Letter of Non-jurisdiction for the proposed action; and WHEREAS, on September 13, 2010, a public hearing was held and closed by the Southold Town Planning Board regarding the site plan; and WHEREAS, on September 13, 2010, 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, made a determination of non-significance and granted a Negative Declaration; and WHEREAS, on September 21, 2010, the Suffolk County Department of Health Services issued a Permit (#C10-10-0003) and approved the project and stamped the site plan; and WHEREAS, on October 14, 2010, the Greenport Fire District recommended one minimum hydrant with a 1500gpm, at least at the northern end of the main drive, and requests site inspections as needed to help with proper assignment of their apparatus; and WHEREAS, on October 14, 2010, the Town of Southold LWRP Coordinator reviewed the above-referenced project and recommended the proposed project be found consistent with Southold Town LWRP policies; and WHEREAS, the comments from the public hearing and those agencies listed above having jurisdiction were received and accepted by the Planning Board, discussed with the applicant, and incorporated into the site plan to the satisfaction of the Planning Board; and WHEREAS, on January 3, 2011, the applicant submitted a Phase 1 Archaeological Investigation Report that determined that no prehistoric artifacts or features were encountered and no further work was recommended; and Southold Town Plannin.q Board Pa.qe Thirteen February 14, 2011 WHEREAS, on January 20,2011, the Town Engineer reviewed the amended site plan and Storm Water Pollution Plan and commented that the applicant has incorporated all the relevant engineering comments and satisfied the SPDES Permit; and WHEREAS, at a Work Session on January 31, 2011, the Planning Board determined that all applicable requirements of the Site Plan Regulations Article XXlV, §280 - Site Plan Approval of the Town of Southold have been met; and WHEREAS, on February 4, 2011, written documentation was submitted that stated that its operating hours of operation would be similar to that of other wineries located in the Town of Southold approximately 11:00 a.m. - 6:00 p.m. However, as is the practice of other wineries, certain events may be scheduled at other times; and WHEREAS, on February 7, 2011, the NYS DOT submitted written documentation that stated that they are in conceptual agreement with the mitigation measures proposed and that they have no objection to the Town of Southold issuing Site Plan approval for the site; and WHEREAS, on February 11,2011, the Southold Town Building Inspector reviewed the plan and certified that the proposed action is a permitted use in this Residential - 80 Zoning District; be it therefore, RESOLVED, that the Southold Town Planning Board has determined that the action is consistent under the policies of the Town of Southold Local Waterfront Revitalization Program; 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 grants Approval and authorizes the Chairman to endorse the site plan entitled "Jemco Winery" prepared by Nancy Steelman, R.A. dated April 14, 2010 and last revised January 19, 2011, including the following plans: 1. SP-1 Overall Site Plan 2. SP-2 Site Grading Drainage Site Plan 3. SP-3 Site Landscaping & Lighting Plan 4. SP-4 Site Grading Drainage Landscape & Layout Plan 5. SP-5 Details Z-05 Partial Site Plan & Equipment Plan 6. SP-6 Overall Site plan SWPP 7. Floor Plans 8. Building Elevations Southold Town Planning Board Page Fourteen February 14, 2011 Kenneth Edwards: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Final Determination 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, Southold. SCTM#1000-56-6-8.7 Donald Wilcenski: Mr. Chairman, 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 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 Southold Town Planning Board Page Fifteen February 14, 2011 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 luminaires installed, replaced or repaired shall conform to the new lighting code standards requiring Dark Sky compliant fixtures to be fully shielded; and WHEREAS, on October 18, 2010, the Southold Town Planning Board granted a 3-year extension of Site Plan Approval retro-active from March 14, 2008 to March 15, 2011 on the site plan prepared and certified by Robert I. Brown, Licensed Architect dated November 5, 2003 and last revised February 18, 2005; and WHEREAS, on October 19, 2010, the Southold Town Planning Board granted an 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; and WHEREAS, the applicant, in an e-mail dated February 3, 2011, requested for the Planning Board to re-issue an approval that expires on March 15, 2011; be it therefore RESOLVED, that the Southold Town Planning Board grants a three-year extension of Site Plan Approval from March 15, 2011 to March 15, 2014 on the site plan prepared and certified by Robert I. Brown, Licensed Architect, dated November 5, 2003 and last revised February 18, 2005. 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 Pa.qe Sixteen February 141 2011 APPROVAL OF PLANNING BOARD MINUTES Martin Sidor: We need a motion to approve the Planning Board minutes of January 10, 2011. William Cremers: So moved. Donald Wilcenski: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Does anyone on the Planning Board wish to put anything in the minutes? Donald Wilcenski: I'd like to wish Bill Cremers a Happy Birthday. William Cremers: Thank you. Kenneth Edwards: Second. Martin Sidor: Motion made and seconded. All in favor? Ayes. Martin Sidor: All in favor? Ayes. Martin Sidor: Carries. Motion to adjourn? Kenneth Edwards: So moved. Donald Wilcenski: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Good night. Southold Town Planninq Board Page Seventeen February 14, 2011 There being no further business to come before the meeting, it was ADJOURNED at 6:15 p.m. Respectfully submitted, Li~n c'a RU~a ndolp h~,~r~nnscribing Secreta~-'""-- Martin H. Sidor, Chair RECEIVED Southold Town Clerk