Loading...
HomeMy WebLinkAboutPB-04/11/2011PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WlLLLMVl 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, April 11, 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 Mark Terry, Principal Planner Linda Randolph, Secretary SETTING OF THE NEXT PLANNING BOARD MEETING RECEIVED,-~,,,~ tAAY ! 0 2011 Southold Town Clerk 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, May 9, 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 carries. Southold Town Plannin,q Board Pa,qe Two April 111 2011 PUBLIC HEARINGS 6:00 p.m. - Indian Neck Farm - This site plan is for a change of use for existing buildings from residential accessory structures to primary agricultural structures. The buildings include three horse barns, two at 5,087 s.f. and one at 8,885 s.f., and two 12' diameter silos. Buildings proposed to be added include six 12' X 24' pasture shelters. Also proposed is a 1,243 s.f. apartment on the second floor of the largest barn for the purpose of living quarters for on-site supervision of the horses (granted a ZBA special exception approval as a "Farm Labor Camp" in February, 2011) on a 133+ acre parcel in the A-C Zoning District. The property is located at 4170 Indian Neck Lane, on the south side of Indian Neck Lane, 648 feet west of Arrowhead Lane, Peconic. SCTM#1000-98-1-27.1 & 2.1 and 97-9-10.4 & 12 Martin Sidor: Anyone from the public wishing to address the Planning Board on this matter, please step forward to either microphone and state your name and address, please. Is there anyone from Indian Neck Farm? Maybe you should speak first. David Emilita: Good evening members of the Board. My name is David Emilita. I am the agent for Indian Neck Farm. I'd like to hand up some additional green cards. Thank you. I would just like to briefly explain the proposal. The current owner has owned the property for almost three years since February 2008. Upon acquiring the property, the dormant agricultural fields were turned into horse paddocks in grazing meadows, and a building permit was sought and obtained for three horse barns to house up to 60 horses. They have now received the Certificate of Occupancy as has the erection of two grain silos. With the impending arrival of the up to 60 horses, it became evident that quarters for grooms was needed and was actually planned for in the central gable of the middle barn. The Zoning Board has granted a special exception in accordance with the Southold Town Zoning Code for that groom's quarters and the Building Inspector has ruled that it is a legal use pending the achievement of Site Plan Approval from your Board. There will be no expansion of the building footprint of any of the barns. The only visible change would be the addition on the second floor north and south gable of a metal fire escape, which would be required by the fire code. No other physical changes to the property would take place; no changes in landscaping, no additional lighting--all the existing lighting is down-directed and, I believe, compliant with the Town Code. There will be no additional signs on the property; this is a private non-commercial horse farm. All of the roads on the farm except in the immediate vicinity of the existing dwelling are dirt roads. The total lot coverage is very Iow--0.06%. There will be no other changes to the property except as the Chair mentioned--a number of horse shelters--12' x 24' horse shelters--are proposed. The original survey submitted with the application showed ten shelters. However, the numbering was a bit off and the application itself stated only six. We have submitted a revised survey with the correct numbering and so the actual number of horse shelters--one in each paddock--will be ten. Other than that, those are my opening remarks. Southold Town Planninq Board Pa,qe Three April 11,2011 Martin Sidor: Thank you. You may be needed again. Anyone else in the audience? Noreen Frey: Yes, good evening. My husband is Martin. We live at 3395 Skunk Lane, Cutchogue. We received a letter about the accessory apartment and my question is: "Is this going to change the zoning of where I live from agricultural to commercial or to residential, which it is presently?" Martin Sidor: I believe it's A-C. Mark? Mark Terry: I believe so. Martin Sidor: And there is no change. Noreen Fre¥: OK. That was my only question. Thank you. Martin Sidor: Anyone else from the audience? William Cremers: Mr. Chairman, I will 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. 6:02 p.m. - Batta.qlia, Joseph & Heidi - This is a proposed 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 Martin Sidor: Anyone wishing to address the Planning Board? Patricia Moore: Good evening, Mr. Chairman and Board. I am here on behalf of Mr. & Mrs. Battaglia. I have Mr. Battaglia here today. For the record, I am just going to give some background and then we can address the questions that might come up. The property is zoned R-40, which is one-acre zoning in a community which is fully developed with homes on quarter and half-acre sized parcels. This parcel is 2.319 acres to the tie line and 2.2 acres of upland. Each proposed lot is over one acre in size, and each lot having more than 175 linear feet of waterfront. The property was already fully-developed when Mr. Battaglia purchased it with two structures: a 2-1/2 story residence, a 2-story barn, a shed, driveway and sanitary systems. The house was Southold Town Plannin,q Board PaRe Four April 11,2011 demolished and Mr. & Mrs. Battaglia are building their residence on the proposed Lot 2. The barn was donated to Mr. Harbes and moved off the Battaglia property. Prior to the starting of construction, the owner obtained a DEC letter of non-jurisdiction to demolish and construct the house and obtained a permit to demolish the barn, which ultimately as I said was donated to Harbes. Those permits are in your file. The owner also obtained Trustee approval to permit the demolition and construction of the house and provided for a non-disturbance buffer along the landward side of the high tide line. The Trustees permit is in your file. Prior to implementation of the non-disturbance buffer, Mr. Battaglia had actually applied to the Trustees for removal of vegetation such as fallen trees within the buffer area, some limbs, washed up debris, an old wooden plafform that had come up on shore. The Trustees issued this permit and allowed Mr. Battaglia to do the work all within 100' of the wetland line. That area was within the 30' buffer. The Trustees permit is also in your file. The Planning Board asked Mr. Battaglia to plant the area which had been disturbed during the removal of the trees and the removal of those structures. Obviously in the removal there were some tree stumps and large trees that had to be removed and that showed disturbance. The Board asked us to vegetate that area, which my client had agreed to do and will be doing as soon as other work is completed. Mr. Battaglia also has an application--again approved by the Trustees--which needs DEC approval, to place some stones on the south side of the property because of the storm and the wind. There has been erosion to his waterfront and some of the trees which the Board and my client tried to protect are eroding away and that area is to be protected. So, again, all of that is being done in accordance with permits all obviously needing the permits of the Trustees. Also, within the subdivision process, all healthy larger caliber trees that were approximately 30' in width on the seaward side of the house were preserved and protected during construction as the Board had requested. The Trustees permit also, through the rock revetment (I had mentioned that) to prevent the erosion. The new house on proposed Lot 2 was constructed landward of the original house; the original house was at 70' from the edge of the wetlands and the new house is located at its closest point 75' from seaward wetlands. Throughout the subdivision process, he has been asked to prove things along the way. The lot coverage of the house and garage is 11.9%. The code allows 20% lot coverage. The drainage will be collected in accordance with out Stormwater Runoff Code. The setback of the house on Lot 2 and building envelope on Lot 1 are all conforming. The building envelope on the vacant parcel is being shown with the larger sideyard setback next to the adjacent property owner. The Zoning Code requires 20 and 15 sideyards and Mr. Battaglia and the surveyor have shown the larger setback on the north side. My client also intends to landscape his property once the house is completed. We have a landscape plan here if some neighbors want to see it. It is a work in progress, but right from the beginning it's the landscape plan that Mr. Battaglia wanted to complete. It is generally not a part of the subdivision process, but we thought it might be helpful to show the neighborhood that although what they see now is a house under construction, at the end Mr. & Mrs. Battaglia hope to have a beautifully landscaped property. I also wanted to put on the record there have been comments by neighbors and what I wanted to provide for the Board is also a history on Hobart Road. Most of the properties on Hobart are developed. There are homes, as I said before, no larger than ~ acre size lot--most of them are ¼ acre size lots. But in 1978, beginning Southold Town Planninq Board Pa,qe Five April 111 2011 with Henry Smith, who is the property further to the north, Henry Smith had an oversize parcel that at the time was 69,000 s.f. in a one-acre zone. The parcel had Henry Smith's homestead on it, but the balance of the property I think is still vacant. That property was subdivided April 18, 1978 by the Zoning Board. I went searching through the Planning Board records and I couldn't find what the Planning Board had done with that subdivision. For this one and the next one that I'll mention, the Planning Board procedures-at the time on a one-lot was called a "set-off"--would be that it would be presented to the Planning Board and the Planning Board could decide whether or not it required further subdivision. Again, these were subdivided by the Zoning Board. So, for all intents and purposes, the lots were created and then the Planning Board, by way of waiver of the further subdivision application or just by resolution during one of the minutes of the meeting, there would be an approval, but nothing very fancy, certainly not what we have to go through today. Again, I could not find the final Planning Board approval, but we all know that it has been subdivided. The other subdivision that is right next door to the Battaglia property is the parcel that was owned by Frederick Rich. That piece of property was a little more than an acre. However, there were two houses on the property. The Rich Family subdivided what remains I believe of their homestead closer to the water, and then the parcel that is next to us--one of the neighbors who has been communicating with the Board--is the other lot, and the parcel is shown here. The Town records are not always very complete. The Zoning Board approved the subdivision with the one lot being no less than 20,000 s.f.--that would be the Rich homestead--and what would be the larger parcel being about 31,000 s.f. That's the parcel that is directly contiguous to the Battaglia property. I'll put that in your records so that you can see that the subdivision along Hobart has been incremental. There really are very few properties that are large enough to subdivide and those that were large enough to subdivide were in fact subdivided. This one is the first subdivision that does not require Zoning Board applications. It is, as a matter of fact, large enough to create two parcels with upland. Again, this is another rule that has been implemented since then--that we have to have upland of at least one acre--and in this instance we have two parcels significantly over the minimum. I'll put that on the record. I would also point out at this point that in our subdivision--and you see it on the map-- the underwater land under the existing dock is privately owned. The existing dock was issued a permit back in January of 1993 as an 8' x 85' grandfathred dock. It being a permitted structure, it has subsequently been repaired by the prior owners and Mr. Battaglia. Finally, you have in your file a DEC permit. Once the lot is created, then at that time the Town's wetland ordinance #275 allows Mr. Battaglia to go in and seek a permit for a dock. That can't be accomplished until a separate lot is created. But in your files you have a DEC permit for a dock on the improved residential parcel. That all being said, I am going to sit down, wait for comments and respond. Martin Sidor: Is there anyone in the audience wishing to comment on the subdivision? Joseph Fischetti, 1725 Hobart Road, Southold: Good evening, I live across the street from Mr. Battaglia. I've been in contact with Mr. Battaglia for a couple of years now, seeing he's across the street. He is a very shrewd and intelligent person. Anyone who Southold Town Planninq Board Page Six April 11, 2011 is building a multi-million dollar house has to have some smarts. He is the owner of the property, he is the developer of the subdivision, and he is the builder of the house. He has an intimate knowledge of every aspect of that project. Nothing goes out without him knowing it. All the maps that are submitted to this Board from Nate Corwin get directed by Mr. Battaglia. I'd like to start out tonight talking about haybales. This will give the Board some insight how information has been controlled, and it also gives some background to the people in the community historically what went on with this project. On January 21, 2009, the original wetland permit was issued. It was issued for a demolition and other work, and the demolition of the barn and other work that was done on the property. In that permit, it specifically talked about a line of staked haybales with silt fence along a 10' contour. That's pretty specific. After that point, Corwin submitted a map dated April 18, 2009. This is an important map. This was used for the Sketch Plan and for the Preliminary Approval. That map contains the 10' contour. There are notes on the map that this contained the Trustees haybale line. It also contained the clearing limits that the Board required. On June 9, the Planning Board approved the applicant to build his home with a waiver which is not required by the subdivision requirements that an applicant can build. So this Board granted the builder a waiver to build his home during the subdivision process. At that point, when Mr. Battaglia had your waiver in hand, he also had the April 18, 2009 map. Now that map gave him the ability which gave him restrictions of setbacks. He gives that map to his architect and he says "Build me the biggest house that can fit on this property." And the drawings take some part of the end of the year of 2009 to complete. When that drawing is done, we end up having a house that sits on the 15' sideyard, it's 2 or 3 feet from the front yard setback, it's 2 or 3 feet from the rear yard setback, and it sits right on the 10' contour which was the haybale line. The Board doesn't know this, but when I reviewed the documents at the Building Department, it's within 6" of the height requirement of the Town. This is the biggest house that can fit on the property. When Pat starts talking about other houses on Hobart--a building envelope is basically where you can put the house somewhere in the envelope. It's not how big you can fit this house on a piece of property. But let me go further. He finishes his architectural drawings and he needs a building permit. But he can't get a permit until he gets a wetlands permit, which is for the house. He goes to the Trustees and says "1 have wetlands--I want to get an amendment to the existing wetlands permit." But that wetlands permit has the haybale line on the 10' contour. So he asks for an amendment for the plan asking to build a house and to move that haybale line 30' to the south. Now he submits drawings with that new haybale line. The drawings are in the Trustees office showing that haybale line 30' away. The amendment that was in the Trustees office is February 24, 2010. Mr. Battaglia gets his permit from the Building Department using that Trustee map done on February 24th. But the applicant never supplies the Planning Board with that new information. That's what is confusing to me because the Planning Board still had and still used the April 18, 2009 with the old haybale line. He never submitted to this Board that change, because he was afraid if he changed anytime because during construction his preliminary approval expired--during construction. So he needed to come back to you for an extension on that. Now, he knew that information was available. He never changed that--he didn't want to change the preliminary map of April 18 because that showed a different haybale line. So this Board basically approved his amendment to his extension with incorrect information. Southold Town Planninq Board Pa,qe Seven April 11,2011 The maps today that you have in front of you for the Final still show the old haybale line. Those are incorrect. This is a little bit of manipulation. Ms. Moore is going to say "Why are we talking about haybales?" It is just the issue that the applicant doesn't control what information goes on the maps--you people do. And that's what has happened all through this: control of information. I'd like to talk about clearing and trees. Section 240-49 ¶A: "Clearing and Vegetation and/or Grading is permitted only within areas designated by the Planning Board and as shown on the final clearing and grading plan." ¶D: "The clearing limits shall be clearly staked and approved by NYS licensed engineer or surveyor prior to any clearing or grading." Those clearing limits were never staked. The applicant cleared both of the lots by more than 90%. Those were two of the requirements that this Board gave in the Waiver. I'd like to read that Waiver into the minutes. This is the Planning Board Waiver of June 9, 2009: "The resolution is subject to the following conditions: (3.) The applicant shall identify significant trees on the plan and indicate how they will be protected during demolition and construction." That was not done until October 18, 2010 after construction, and I'll go over that with you. "The waiver of this restriction on disturbance of existing conditions extends only to the proposed area of Lot 2 and necessary to accomplish the demolition of the existing house. Construction of the new single family dwelling: no clearing of vegetation beyond that area necessary for the actions allowed." "(7.) No clearing of trees, shrubs or other vegetation either beyond that necessary to accomplish the demolition of the existing dwelling is authorized. The clearing necessary must not be greater than Section 240-49, meaning no more than 50%." So, Mr. Battaglia did not comply with the requirements of that Waiver. You gave him that as a gift. I'd like to read the Corwin letter and the Corwin map of October 18, 2010. Both of those, the letter and the map, are deficient. The letter from Nate Corwin: "This letter is to confirm the existing clearing and tree locations for the above premises. Upon field inspection by myself, October 17, 2010, I have located and verified existing limit of clearing and have shown it to be on the attached map---Note 5. Also have verified the location of significant trees that are shown on the attached map which are to remain. All trees are shown on the map as intact." Mr. Corwin did not use the definition that I gave you earlier in the Code to write this letter, and the definition was not used to locate clearing on this. I beg to say that again, it doesn't take an engineer or a surveyor. All this Board has to do is take your April 18 map which showed clearing limits and walk out there and see where it's been cleared. Lot #2 is cleared almost 90%. It's been disturbed almost 90%. Lot #1 is completely. There is mulch everywhere. He has touched every square inch of Lot~l. Southold Town Planninq Board Page Eight April 11,2011 Now, significant trees. Not all the significant trees have been shown. When I read that Corwin letter and I saw this map, it scared me. Because there are three 60' pines in the front of that house that are buffering that monster and it's not shown on any of those maps. There are many significant trees on that property that are not shown on that map. Scares the hell out of me, because one day he's in there with his backhoe working late at night--those trees are coming down. The applicant did not comply with the restrictions of the waiver allowing him to construct. Very bad. I recommend that the Planning Board void the waiver and issue a stop work order. Now you can't issue a stop work order, but you could void your waiver. If you void the waiver, he has two options: he can continue to work and lose his subdivision because you've now removed the waiver from that property. Or, he will stop and negotiate and solve the problems that have happened on this property. Now he has completely ignored all those restrictions. Now you could think about that. I'd like to talk about buffers. Pat talks about again subdivisions. This is the biggest house ever. This is like seven times bigger than anything on that property. We need to be protected from people like that. He thinks only of himself and he's always thought only of himself. We need screening buffers along Hobart Road. All along Hobart wherever there isn't the driveway we need to have screening. There should be screening along both the south side and the north side. I recommend that the screening should consist of 12' tall Leland Cypress placed 6' on center. That would give a completo they are fast-growing trees, the deer don't eat 'em, and those are the buffers. There should be a Performance Bond required to assure that the buffers are installed. There should be a three-year maintenance bond to replace any trees if they are dead, and there should be Covenants & Restrictions placed on those buffers that they can't be removed and they must be maintained. Now I know that the Board is as disturbed on this project as the neighborhood is, and you'll hear more from the people behind me. This Planning Board granted a waiver of the subdivision regulations to Mr. Battaglia as a courtesy. Mr. Battagllia took advantage of that waiver and did not comply with those restrictions that were given very specifically. The Board may find a more cooperative applicant if he is forced to stop work. You may find a lot more community behind me talking, but I think it's really important that you will find after hearing the rest of the community that you're gonna really be obligated to void that waiver to make this community feel like they are listened to. Thank you. Martin Sidor: Thank you, Joe. Is there anyone else in the audience who wishes to address the Planning Board? Karen Hoa.q, law firm of Twomey Latham Shea on behalf of Andrew Simmons, owner of house immediately to the north of the proposed subdivision at 1580 Hobart' Good evening. We oppose the application as we don't want the same disastrous events which have taken place on the lot under construction to happen to the vacant lot. I am here to respectfully request the Planning Board to remedy the situation. Most of the conditions set forth in the Planning Board's waiver of June 9, 2009 have been ignored by the applicant as Mr. Fischetti has told you as well. This Board recognized in their Southold Town Planninq Board Page Nine April 11,2011 November 1, 2010 letter that the applicant has overcleared property and cleared into the non-disturbance buffer. While Ms. Moore states the applicant will replant and has only cut down dead trees, we are very concerned that this will happen again because the trees that were cut were not dead. We want assurances that this does not happen on the vacant lot and we want the overcleared areas replanted. At a minimum, we request that any decision be postponed until trees that are existing on the lots be documented and correctly reflected on the Plans, also correcting the right amount of trees that are on there--I think some of the trees next to Mr. Simmons' property there are only two trees identified on the Plan. I have a photo of the side yard which I can give to the Board. Besides the fact that Mr. Battaglia has a propensity to construct large homes out of character with the community, he has destroyed wetlands and cut down trees beyond the clearing limit lines. To ensure that this travesty be prevented on the vacant lot, we propose that you consider the following: increasing the sideyard setback on the lot between Mr. Simmons and the subdivision from 20' to 40', mandating that Mr. Battaglia plant an evergreen buffer to provide adequate screening and to ensure privacy. Document the trees that are in existing on the plans. We are very concerned that the trees will not be protected if they are not on the plans which you have in front of you. We also request that the height of any house constructed on the vacant lot be limited to 25' by covenant. Regarding the existing dock, which is located very close to Mr. Simmons' property, it was not repaired but it was actually replaced. If you have been to the site, you can see that is not a repair job. Rather than an access easement for use of the illegally constructed dock, we suggest moving it. Require that the Battaglias install the dock in the middle of the two lots in the subdivision. If the dock is to be used by both lots, it should be in the middle of the subdivision, not right near the property line of the neighbors. Also, if the new dock is allowed to stay on that particular lot, which we are calling the vacant lot for now, there is no main residence on that property and the applicant should get a variance because it is an accessory structure. Putting a dock there is against Town Code. We request more restrictions on construction hours, such as not working on weekends and not working late into the evening with machinery. Over the past t~vo years, the applicant has worked on the property into all hours of the night. I implore you as a Board to protect the character of this beautiful community and take control over this situation. In addition, I would like to read a letter sent to the Board yesterday from a neighbor who couldn't be here this evening: "We are homeowners next door to the Battaglia structure. We strongly agraee with all our neighbors about the subdivision approval on the property. After seeing how we were deceived by what was built next to our home and watching horribly as beautful trees and wetlands were destroyed, you can understand our concerns about what will be done to the other piece of property. Hobart Road will never be the same because of that structure that was built, and another one would be beyond disastrous. Please give careful consideration on what will be allowed on the second piece of property. Sincerely, William and Robin Penney, 2200 Hobart Road, Southold" Thank you. Martin Sidor: Thank you. Anyone else in the audience? Please. Southold Town Planning Board Pa.qe Ten April 11,2011 Jeanmarie DiNoto, 1634 Founders Path. I live around the corner. I just wanted to ask you, Ms. Moore: how many square feet is the proposed house supposed to have? I didn't hear you. I am hard of hearing, I didn't know if you said it. Patricia Moore: Which one are you talking about? Jeanmarie DiNoto: What is the largest house that he can put on the property? Patricia Moore: Are you talking about the vacant lot? Jeanmarie DiNoto: Yes. Patricia Moore: It's based on the building envelope. The zoning code allows you to build up to 20% of your lot, whether it's house, accessory structures, whatever. In this case, my client has the larger property and this house and the garage is 11.9%. Jeanmarie DiNoto: What does that translate to, because I'm not too good at--is it 2,000 sq. ft., 3,000 sq. ft.? Patricia Moore: The house itself is about 5,300 and the rest is the garage footprint. Jeanmarie DiNoto: Are you talking about the present house? Patricia Moore: The one that's under construction. Jeanmarie DiNoto: I'm talking about .... Patricia Moore: There is no plan for the other lot. Jeanmarie DiNoto: I'm just asking about the subdivision: how big a house can be put on that section, that's all I'm asking you. Patricia Moore: On the one-acre lot? Jeanmarie DiNoto: Yes. Patricia Moore: 20% of 40,000. Nobodoy builds an 8,000 sq.ft, house, but I guess technically you could build an 8,000 sq. ft. house. That's 20% of a one-acre parcel. Jeanmarie DiNoto: Did Mr. Battaglia originally apply for--you said 53 ...... Patricia Moore: Yes. He asked the Building Department for exactly what he is building today. Jeanmarie DiNoto: I imagine all of you are residents of the Town of Southold. During the construction, did any of you go by and see how big this house was going to be that you granted? Southold Town Planning Board Page Eleven April 11,2011 Martin Sidor: We have all made visits. Patricia Moore: Understand the Planning Board doesn't approve the size of the house. That's the zoning code. We all live under the same rules. So, if somebody brought your property and demolished your house and wanted to build 20% of your lot, they could build whatever size is up to the zoning code allowance. Those are the zoning rules of the Town. Jeanmarie DiNoto: I think that's why we are all here. Because we don't want Patricia Moore: I understand. But the Planning Board's jurisdiction, or what they look at is the size of the property and where the property line falls on the property. And whether or not we have adequate acreage to create two lots. That's what we have presented to the Board throughout. Jeanmarie DiNoto: OK, I understand. And you understand our concerns also. Patricia Moore: I understand. I live in the neighborhood. I live right across from the old Lafanier House--the May House. That house is probably twice the size of the Battaglia House. Jeanmarie DiNoto: It's very attractively placed on the property. Mr. Battaglia's house is very attractive also, it's just enormous for the property. Patricia Moore: The problem always comes about that our rules now push all the houses as close to the road as the zoning allows. The big houses used to be able to be pushed towards the water. A big house would be big but you'd see them closer to the water. Jeanmarie DiNoto: If he were any closer to the water, he'd be in it at this point. Patricia Moore: No, they're 75' from wetlands, so we're about 100' from the edge of the water. Jeanmarie DiNoto: Well, that's pretty close. All right. Thank you. Martin Sidor: Thank you. Patricia Moore: I would like to address some of the points? Is somebody else going to speak? Oh, more, OK. I'm trying to write down so I can respond. Paul Friese: Good evening ladies and gentlemen of the Board, I live in the property to the north of Mr. Battaglia at 1580 Hobart Road. There are some points I'd like to answer in Ms. Moore's initial statement that have to do in part with the... There are many points; I've been taking copious notes as we have been going along here. I just find a lot of this very, very surprising. Before I get to those points, however, the primary concern that I and many of our neighbors have is the construction as Mrs. DiNoto Southold Town Planninq Board Pa.qe Twelve April 11,2011 brought up of what is going to be constructed on this proposed new subdivision. Initially, all of the adjoining neighbors were submitted a plan for a given property and structure that was going to be built on what is now Lot #2, or the current construction. We found out subsequently, however, that through either sleight of hand or legal chicanery that an amendment to that proposal was given to either--I don't actually even know to whom it went--to the Planning Board here or to the Zoning Board or whomever. Regardless, adjacent property owners were not notified of the significant change in plans. The initial property--and actually I called to question that this house is actually 5300 sq. ft. I really cannot believe that--maybe one story is 5300 sq. ft., but it is a 2-1/2 story structure. This thing can be seen from space. Take a look at Google Maps and you can see just exactly the scale of the structure. The other thing that I am very very concerned about too is the placement of the garage, and also that the garage doors face the creek. On the maps which we currently have been shown and which are also posted outside the meeting room, there is no provision for exactly where driveways are going to go for the many vehicles that are doubtless going to be coming in and out of this property-again, at all hours and God forbid for the poor people across the creek who have to deal with headlights pointing across at them and then swinging around to pull into the driveway. Going back to my points with Ms. Moore and regarding the reventments that sadly got approved by the Town Trustees, the initial applications-- they were denied by the DEC and the erosion that's going on there is arguably caused by the massive topographical changes which Mr. Battaglia has affected to the property. At this point in time, beyond the spoils from the digging out of the foundation of the property, there have been significant changes to where the wetlands have been filled in, and the massive amount of wood chips that are all over the property. So it's arguable that by having changed the topography of the property between the house and the wetlands, this is where this erosion has come from. The erosion was not a problem before; but the previous house that was demolished, known as Wills Way, was there. Insofar as the protected trees, there are many more trees that were taken down than are necessary for construction. Many many more. This point has been brought up before, but I really do believe that it bears repeating. The lots have been, for all intents and purposes, virtually cleared--virtually totally cleared. And that is a crime. Insofar as the subdivision of other properties on Hobart Road-it's apples and oranges. It is truly apples and oranges. Yes, these properties were subdivided, and it was allowable. But no structures anywhere near the ilk of what has gone up at this property are even--this is like incomprehensible that a comparison has been made between those two things. It's not an issue so much that the property is going to be subdivided, but what is the scale of the structure that's going to be coming up on this property? Forgive me for repeating myself, but this really does bear repeating. Mr. Battaglia has shown a propensity to build to the absolute maximum allowable within inches of what the law allows. But what we are trying to prevent or forestall is the same sort of thing happening again. Another structure has gone up in our neighborhood during this construction which is at the end of Old Shipyard Lane and Founders Path, which is a prefab construction house. Again, I am not arbitrating taste. We are not trying to set up an Architectural Review Board by any stretch of the imagination. However, when that structure went up and did go up within the limit of the law, it towered over its neighbors. There are three houses on the eastern side of Hobart Road which now have their backyard views utterly destroyed. What they are looking at now is 2-1/2 Southold Town Planninq Board Pa.qe Thirteen April 11,2011 stories of vinyl siding. We don't want to see this happen on this property too. It very well might. Insofar as the dock is concerned, the dock was not repaired, the dock was completely rebuilt. The Trustees are aware of this. They also gave him the stipulation that the dock has to be removed and rebuilt by June 11 of this year. I understand that there is litigation going on regarding that. This is another example of how Mr. Battaglia sidesteps recommendations. It was clearly stated--no question about that whatever. Finally, once again, we as neighbors--the adjoining neighbors--particularly the Penneys and the Simmons and myself--feel particularly deceived by this process of having been apprised of one structure being built and because of not being notified of significant changes to the proposed property another structure went up in its place. That, with much vitriol, is what I have to say. Thank you all for your patience. Martin Sidor: Thank you. Are there any other neighbors that wish to speak? Jamie Davis: I'm a lifetime resident of Hobart Road. Good evening everybody, how are you? Nice to see you again Mr. Sidor. I drafted a letter which I faxed to you Friday night so just for the record I'd like to read it if I may: "To the Southold Town Planninng Board, To whom it may concern: I am writing to voice my complete opposition to the development and subdivision of the Battaglia property on Hobart Road. The current construction is totally out of context with the adjoining property and neighbors. Such expansionism degrades the overall cultural, architectural and social integrity of our entire community. This is an historical area that is traumatized with the dramatic speed and breadth of growth in the heart of its backyard. Having spoken with a majority of the people who live in the area, noone--and I mean absolutely noone--wants to see any more structures like this built in the vicinity in which we live. I've grown up on this street all my life and have always been proud to say that I know every tree by name. Now some of those trees are gone. I am personally heartbroken by what has occurred here on Hobart Road and find it hard to walk by the Battaglia catastrophe. If anybody knows old Mr. Jimmy Rich, to quote him, he's heartbroken. Please hear the voices of all those who contact you in opposition to the continued development of this property. Above all, please hear us when not just myself, but all of us are opposed to the subdivision of this lot. To do so would be a disaster. This is also not the first time I've had to be at a Board meeting with Ms. Moore presiding over, going under the radar with construction that should never have been allowed to begin with. Including that house on Old Shipyard Lane and Founders because that house was going to be pre-approved for a 25% expansion before it was even finished. And they put a door on the second floor for a balcony that never even existed. So we are here sittting again now with--this is a small street, working class families, working class homes, retirees, summer people. It's no question that this is totally out of character with what is going on in our community. One of my adopted grandfathers was my neighbor, Alvah Goldsmith, who sat on this Board for 25 years. I kind of miss him now because he used to tell me that back in the old days he believed his family were pirates--which is what I do for a living when I have grown my beard back. He would just sit there and say "By golly, Jamie, we're gonna go get 'em!" I believe that he would be sitting here today saying "Go get 'em!" Let's not have any more of this going on. Thank you for your time. Martin Sidor: Thank you. Yes? Southold Town Plannin.q Board Pa.qe Fourteen April 11,2011 Diane Pietrodangelo, 1585 Hobart Road: I am the current resident and the newest resident on Hobart Road. The house was deeded to me at the death of my parents about a year or so ago. I had written in February asking that you consider a hearing; I faxed the letter. I also mailed it--it came back to me "insufficient address" even though I had your entire address and post office box on it, so hopefully you received that fax. I came up from my current residence in New Jersey because I haven't been able to sell my house yet. Eventually I plan to live in Southold. I've been coming here since probably a teenager--I'm now currently 60 years old, so it's been quite a long time and I'm sure some of you may have known my parents--they've owned various houses and First Town Florist in this particular town. I chose when my father left me the house to keep it because I would evenutally retire here; it's a beautiful neighborhood, he's always talked about the values of this town. Seeing what has happened across the street from me, I'm very concerned as my other neighbors are about the subdivision and I know that it's your requirement to decide if it should proceed or whatever. But I would ask that if it does go forward that you please consider whatever needs to be done to buffer the area from the rest of the residents. My house actually now sits directly across the street from the vacant lot, and I mean vacant. I never could see the creek growing up. I can see the water--all of it. Every tree that's there is totally--most of it's gone. As I said I live in West Orange, New Jersey. I made the effort to come up here because I thought this was important. I just would ask you to consider everything that the rest of the neighbors are saying and hopefully do the right thing by the neighbors that have been here quite a lot more years than I am. Hopefully I'll be here quite a lot of years. Thank you very much. Martin Sidor: Thank you. Anyone else in the audience? Any neighbors? OK. Rebuttal. Patricia Moore: I'll try to address some of these points. I guess I understand now why this subdivision process has taken so long and so difficult for us because I have heard so many exaggerations at this hearing that it explains why at every point in time we were asked to submit surveys, plans, affidavits. It seemed like the DEC would come to your property every month to check on something, the Trustees would check on things. It was constantly being monitored. As far as Mr. Battaglia's cooperation--Joe Fischetti is a friend of mine, but I disagree with him here. He has been extremely cooperative throughout the whole process. He has worked closely with Tamara before she left. Absolutely every time something has been asked of him, he has provided it at great expense, but nonetheless it has been our obligation in a sense--you have thrown the obligation to us every time to prove or disprove what are the allegations that the neighbors raise. To begin with, there is no conspiracy with respect to the hay bales and silt fence line. The surveyor starts with a haybale silt fence line on the map during the construction prior to construction and through the Trustees permitting process we had to actually locate the haybale line, put the silt fence. The Trustees go out, they do a site inspection--it's part of the payment of the fees that you prior to construction. They inspect and they give you the first inspection and the first inspection of the multiple inspections the Trustees will have is the haybale silt fence line. So that was installed once construction began. It took longer. They haybales and silt fence obviously with Southold Town Planning Board Pa.qe Fifteen April 11, 2011 weather, the rain and so on started to deteriorate. He was asked to go and put some more haybales and put the silt fence in such a way that so it would be restored. He did that immediately. He ordered up 40 more haybales and all of them went up again. The DEC has been called by the neighbors and they've gone and inspected and they too say everything is fine. You're doing what you are supposed to be doing. As far as clearing limits, if you recall the reason that the Board waived and allowed him to build is that this property was already developed. There was already a house there. The house was in very poor condition. It was going to be demolished and Mr. Battaglia is building his own house. This is not class warfare here. Yes, he is building a large house. God bless him, he has done well for himself. He is a working person just like all of us. He runs his own business. He is not a developer. To the extent that he bought this property and saw that this property could be subdivided, it did not take a brain surgeon to figure that out. Since I moved out here, people have known about this property and said "oh yea, that property will one day be subdivided" because it was so large. Imagine the complaints if the lot--not Mr. Battaglia because he is building the house of his dreams--but let's say somebody else were to have bought that property and built 20% of 2-1/2 acres. That could have been a much larger house. So to the extent that this property is being subdivided, the house is being developed within the bounds of the zoning code, all to comply with the code. So, noone here yet has alleged--because it wouldn't be truo that he has violated any of the zoning provisions. He has followed it completely. As far as 90% of this property has been cleared: again, an exaggeration. The surveyor was asked, go back, look and see, have we met the subdivision requirements for this parcel. After subdivision would be that this property must maintain 50%. You're allowed 50% clearing. Again, clearing means you're gonna take everything down. Here the amount of clearing that was done was to take down an existing house, an existing sanitary and existing miscellaneous patios and structures that were already on the property. He's building a house, building patios and building a sanitary system. All those things require clearing excavation. That is all being done and that is what is necessary to build the house. So to the extent that the Board allowed him to continue and said "listen, we don't want you to clear beyond what you need to clear for your house construction". That's precisely what he did. The property goes from Penney's property line all the way over to the other end. The area that we are dealing with is the area of our proposed lot. That still has the entire area, the non-disturbance buffer which again is going to be imposed by the Planning Board when we have a subdivision lot and filed map. We were following the Trustees non- disturbance buffer and all of that was being done with the Trustees review absolutely before anything was being done to the property. He went to the Trustees, he asked the Trustees, they went on site inspections, they actually hand-drew the particular trees that were going to be taken out right from the beginning. I have here from December of '08 the drawing you had given to the Trustees originally. This one actually had the stones that he wanted. The concern about erosion was occurring right from the beginning. Back in Dec. '08 shortly after he purchased the property, it was obvious that there was some erosion taking place on the south corner of the property. There was a large stump of a tree that had the root system there. That too, was being eroded away between the stump and the sand, it was all being undermined. Again, the fallen trees are identified, the uprooted unsafe trees were identified, some more falling trees, some root systems, Southold Town Planninq Board Pa,qe Sixteen April 11,2011 This was all very detailed. All of this was done in the field, drawn by hand by Mr. Battaglia with the Trustees through the Trustees inspection process. I'll put that in your file. This is early on in December. What had been requested of the Trustees. At the time, he was asking for riffraff and large stones to be added along the entire area. The DEC said "no, we don't think you really need it--we don't see enough erosion". So now it's a more smaller area over on the south side of the property clearly being eroded. The Trustees recognize it. The Trustees were approving of this, but the DEC said "no." So it was not pursued until more recently after the storms of this past year really started eroding. I appreciate the neighbors' comments--I know change is always difficult. It is a large house, but it's under construction. Any one of these smaller homes in the neighborhood can be demolished and a large house built. We don't dictate taste. We have a zoning code and as long as we abide by the zoning code, build what your heart desires. You don't build to satisfy your neighbors. Then we go on to Mr. Simone's attorney. I've gotten inconsistent--a letter asked for evergrees to be planted, then again we have an existing tree line that is--in order to plant evergreens along the common property line of Lot 1 we'd have to take down all those trees to plant evergreens because otherwise the evergreens just wouldn't get enough light. It makes absolutely no sense. I go by there every day--I saw the trees--so she probably showed a photograph of the tree line that's there. The owner has asked in the past "please don't take down trees because I'd like shade." That's inconsistent. The request for all these evergreens to be along the property line just doesn't make sense. Again, these exaggerations: "We've destroyed wetlands and trees". This property has been monitored very closely between you and more importantly, the Trustees. The Trustees have monitored this construction--they get phone calls regularly asking Bay Constable to go down there, asking the DEC to go down there. It's part of their ritual--they seem to stop there sometimes every-more than once a week based on phone calls. An extreme exaggeration. You can't regulate the height of the house. The building envelope is the building envelope. Mr. Battaglia has no intention of building a house on that property. I think all his money is definitely going into finishing this house. Nobody is dictating to the people that have spoken what house size, what house height they must have. To mandate that this house must be a one-story house--I'm surprised it comes from this attorney because on the south side that type of regulation--in fact the Planning Board was asked to put that kind of regulation and it was overturned. That is certainly not a condition that is reasonable for this Board. As far as the dock, we'll leave it to the court to determine what was done. My client has photographs; it was not reconstructed, it was repaired. To clarify, the Trustees did a resolution that said he bought a piece of property with the dock that's there presently. The dock had a 1993 permit that said it was a grandfathered dock and the Creighton family had reconstructed it at that time--done some work on it-so they got a permit and it was recognized that it was already there. When the Trustees--typically you have a permit that gets transferred when you purchase the property and when that permit was transferred the Board said "well it is pre-existing if it was to be lost in a storm". In other words it comes down and you have to reconstruct it. Then you have to come back and possibly conform to the Code. Their resolution said you can't reconstruct it but there was nothing about repairing it. The Code itself, the Trustees, the 275 specifically allows you can repair a permitted structure. But what they say permitted is: a dock that has a Southold Town Planninq Board Pa.qe Seventeen April 11,2011 permit is permitted to be repaired without a permit from the Trustees. We are in disagreement with that because they passed a resolution and then gave us a written permit that was contrary to what their resolution said. So that's the argument: we disagree. The Trustees are telling us take what we have down. Meanwhile the resolution at the meeting said we could have it. That's going to be the argument and we'll see what happens. As far as it being a structure: it's not a structure. The Town doesn't issue building permits for docks. It's regulated strictly by the Southold Town Trustees. The next comment Mr. Paul Friese: again, exaggerations. He said the topography of this property changed--we filled wetlands. Absolutely not! There has been no change to the topography. In fact, nothing above the 10' contour--the DEC line--the jurisdiction of the DEC runs seaward of the 10' contour. We specifically kept everything landward of the 10' contour because of the letter of non-jurisdiction. There has been absolutely no filling of wetlands. The height of the house and so on: we have to abide by flood zones and whether or not we are in the flood zone. The neighborhood, as little houses get repaired, they can't be repaired more than 50% without having to comply with current floodzones and that's why some houses in the neighborhood as they are being reconstructed are higher than the old houses that were there. That's the flood ordinance. Again, Mr. Davis said some things and it's kind of a repeat. We are compliant with the code; we have requested no variances with respect to this house. Finally, the two properties are in some instances quadruple the size of some of the properties in the neighborhood. It is a large house, no doubt. But it will be a beautiful house to some, and to others--we've heard "monstrosity". Well, that's taste. I'm disappointed because this is my neighborhood too and everybody is wonderful in my neighborhood. They have their opinions, it's OK. But I hate to see Mr. Battaglia come into a neighborhood and feel ostracized. The area of Founders is a great neighborhood. Personally, I would never want to move. I may have to after this! Anyway, I'm proud of Mr. Battaglia's work--he has been working very hard. Martin Sidor: Thank you. Joseph Fischetti: I'd like to respond to Ms. Moore. I have to go again to the clearing. When Mr. Battaglia did not mark the clearing limits. There were documents in the file back and forth between this Board and Ms. Moore when you were talking about the 30' buffer. There was a letter from the Chairman talking about clearing on the southeast side. You were missing each other. You were talking about the clearing on the southeast side which is completely south of the property. There's 8,000 feet that have been completely cleared. She would always go back and say: we were restoring this buffer area. She never responded to you. Again, I have to say that he did not comply with anything in your waiver. Mr. Battaglia is a lousy neighbor. He was last night and the night beforo Saturday night he had the guts to be out there at 8:30 at night with his backhoe with lights on. Now, if that's the kind of neighbor that's going to be here while it's going to happen before a meeting, my wife said "Why is he out there at 8:30 at night with the backhoe and digging?" So, he is not a neighbor I want to have. I'm a little bit upset about it. If he really cared about the neighborhood and he wanted to be nice--we were nice in the beginning--not nice anymore. He's been out there every weekend-- Saturday, Sunday. Yesterday morning 8:00 the men come. That's why one of the neighbors said you need to put restrictions. If you take the labor off and your give it Southold Town Planning Board Page Eighteen April 11,2011 back again a couple of weeks later, you have to tell him he can't work there on weekends. He can't have men working there on holidays: Fourth of July and every day and until 9:00 at night. So, I disagree with Pat. She needs to be next door to him and listen to what happens. He's down the block, she doesn't hear him. To Mr. Battaglia: "1 gave you beer. I tried to be nice to you, but you have no consideration of the neighbors." Joe Battaqlia: I own the "monstrosity"--whatever you want to call it--but anyway, I have a question for Joe Fischetti: Do you know me personally? Do you know my finances? Do you know what I do for a living? Do you know what I am all about? Martin Sidor: I don't think we want to get into this type of discussion, everything is supposed to be addressed to the Planning Board. Joe Batta.qlia: He called me a shrewd person. I just feel insulted and I'd like to let the Board know that I have no relationship with Mr. Fischetti. He says that I've been talking to him for three years which is totally not true. I try to keep my own business to my own business and I like my privacy. Everything I've done I have a permit for. Even cleaning garbage off the beach. He keeps mentioning that the area was never marked for clearing. He should know if he is a licensed engineer that it's not required to be marked. I did everything by the book-everything by Code. I just want to say I'm doing everything I can to satisfy the Planning Board, the Building Department--whatever I have to do. It's a lot of talk out there--I could understand that. There's a lot of jealousy in the air. But nobody knows what I do for a living--I don't know how people can say I'm shrewd. Neighbors--I don't want to mention names--do have some violations pending which are here today. Everybody's talking like they're perfect but there are neighbors next to me that have violations pending with the Trustees, with the Building Department and they're up here degrading myself, which I don't have any violations. So I just find it a little disturbing. Martin Sidor: Thank you. Anyone else in the audience? Joe Batta.qlia: Everybody was concerned about planting and trees and nobody wanted to look at this landscape plan I have. I find that a little disappointing. Mark Terry: Mr. Chairman, he was supposed to submit that during this hearing, so why don't you go ahead and collect that from him? Pat Moore: I think it's the only one--it's his personal plan. The $1400 plan. Donald Wilcenski: The only thing I would like to add is to thank all the neighbors for coming here. We did open this hearing up again out of your requests, so we will take everything that you said into due consideration and we thank you for your time. Jamie Davis: I just wanted to say that I personally have nothing against Mr. Battaglia as a person. I just want that understood. This is just about a historical context of our community and that, Mr. Sidor, as I mentioned to you, maybe perhaps this is the time-- Southold Town Planninq Board PaRe Nineteen April 11, 2011 because the Zoning laws have not changed since the 1950's--feels like we better start working on something. William Cremers: Mr. Chairman, I'll make a motion to close the hearing. James Rich: 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 Modifications) Conditional Final Determinations: Manor Grove Corp. Lot Line Modification - Short description: "This Lot Line Change will transfer 0.47 acres from Parcel #1000-53-1-1.3 & 1.2 to four parcels along the southeastern boundary." The property is located on the northeast corner of Albertson Lane & Main Road (NYS Route 25) in Greenport. (Full-detail description: This lot line modification will transfer 0.3 acres from SCTM#1000-53-1-1.3 to four parcels on its southeastern boundary (0.05 acres to SCTM#1000-45-1-12, 0.01 acres to SCTM#1000-45-1-13, 0.1 acres to SCTM#1000- 53-1-3, and 0.03 acres to SCTM#1000-53-1-2). Additionally, 0.07 acres will be transferred from SCTM#1000-53-1-1.2 to SCTM#1000-53-1-2, and 0.1 acres will be transferred from SCTM#1000-45-1-13 to SCTM#1000-53-1-2 & 3.) James Rich: WHEREAS, this lot line modification will transfer 0.3 acres from SCTM#1000-53-1-1.3 to four parcels on its southeastern boundary (0.05 acres to SCTM#1000-45-1-12, 0.01 acres to SCTM#1000-45-1-13, 0.1 acres to SCTM#1000- 53-1-3, and 0.03 acres to SCTM#1000-53-1-2). Additionally, 0.07 acres will be transferred from SCTM#1000-53-1-1.2 to SCTM#1000-53-1-2, and 0.1 acres will be transferred from SCTM#1000-45-1-13 to SCTM#1000-53-1-2 & 3; and WHEREAS, a Lot Line Modification Application was submitted on November 17, 2010; and WHEREAS, the Southold Town Planning Board reviewed the plans at their May 18, 2009 and January 19, 2010 Work Sessions and accepted the application in January for review; and Southold Town Planning Board Page Twenty April 11,2011 WHEREAS, on March 22,2011, revised plans were submitted to the Planning Board; and WHEREAS, the Southold Town Planning Board, pursuant to Town Code §240-56 Waivers of Certain Provisions, may waive certain elements of the subdivision review if in its judgment they are not requisite in the interest of the public health, safety and general welfare. After reviewing the information submitted for this application, the Planning Board has determined that it is eligible for a waiver of the ERSAP, the Primary and Secondary Conservation Area Plan, the public hearing, and the Sketch Plan and Preliminary Plat steps of the subdivision process for the following reasons: 1. No new lots are being created; 2. The lots involved are either already developed or are being preserved as open space; 3. No changes will occur as a result of this lot line change that would affect the character of the neighborhood; and WHEREAS, the Planning Board performed an uncoordinated review of this Unlisted Action pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality Review Act (SEQRA); and WHEREAS, pursuant to the Lot Line Modification Policy set by the Planning Board in February 2011, this application is eligible for decision from the Planning Board prior to receiving approval by the Suffolk County Department of Health Services (SCDHS) as it meets the following criterion set forth in that policy: 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; and WHEREAS, the Planning Board has determined that the proposed action meets all the necessary requirements of Town Code §240 for a Lot Line Modification; be it therefore RESOLVED, that the Planning Board, pursuant to SEQRA, hereby makes a determination of non-significance for the proposed lot line modification and grants a Negative Declaration; Donald Wilcenski: 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-One April 11,2011 James Rich: and be it further RESOLVED, that the Planning Board hereby waives the requirements of §240 to submit the ERSAP, Primary and Secondary Conservation Plans, the public hearing, Sketch Plan and Preliminary Plat steps; Kenneth Edwards: Second the motion. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. James Rich: and be it further RESOLVED, that the Planning Board hereby waives the requirement for SCDHS approval prior to Planning Board approval; William Cremers: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. James Rich: and be it further RESOLVED, that the Southold Town Planning Board grants Conditional Final Approval on the maps entitled "Manor Grove Corporation Lot Line Modification" dated February 2, 2009, last revised December 13, 2010, and prepared by Nathan Taft Corwin, III, Land Surveyor, subject to the following condition: Submit draft deeds (prior to filing with Suffolk County) that contain the following: a. reference to this Planning Board approval of the lot line modification, and b. a schedule (or schedules) with legible illustrations of the lot line changes made and that will be filed as a page (or pages) in the deed. William Cremers: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Southold Town Planning Board Pa.qe Twenty-Two April 111 2011 Preliminary Determinations: Highland House FI, LLC - This proposal is to subdivide a 4.56 acre parcel into 2 lots where Lot 1 = 80,390 sq. ft. and Lot 2 = 118,289 sq. ff. 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 Kenneth Edwards: 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 = 80,390 sq. ft. and Lot 2 = 118,289 sq. ft. in the R-80 Zoning District; and WHEREAS, the two proposed lots are both already developed with single family residences, and both are already served with municipal water connections; and WHEREAS, the requisite referrals to the Suffolk County Planning Commission, Fishers Island Fire District, LWRP Coordinator, and Town Engineer were all made in the Sketch Plan stage in 2010, comments were received and those comments were incorporated into the plan to the satisfaction of the Planning Board (see Sketch Approval resolution for details); and WHEREAS, on June 14, 2010, the Southold Town Planning Board granted Sketch Approval; and WHEREAS, on June 22, 2010, the Preliminary Plat Application was submitted and found to be complete; and WHEREAS, on August 10, 2010, a public hearing on the Preliminary Plat was held and closed; and WHEREAS, on December 6, 2010, the proposed action was reviewed under the policies of the Town of Southold Local Waterfront Revitalization Plan and the LWRP Coordinator recommended that it is consistent with the LWRP; and WHEREAS, on December 14, 2010, the Sketch Approval expired; and WHEREAS, the applicant submitted revised plans on February 24, 2011 with changes requested by the Town Engineer pertaining to drainage; and WHEREAS, on March 17, 2011, the applicant submitted a copy of the proposed subdivision Preliminary Plan with the approval stamp of the Suffolk County Department of Health dated December 3, 2010; and WHEREAS, on March 25, 2011, the Town Engineer provided a second review of the revised plan and approved the revisions; and Southold Town Planning Board Page Twenty-Three April 11,2011 WHEREAS, on March 28,2011, the Planning Board reviewed the application at their Work Session and determined that it has met the requirements for a Preliminary Plat determination; and WHEREAS, the Planning Board performed an uncoordinated review of this Unlisted Action pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality Review Act (SEQRA); be it therefore 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; 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 extends Sketch Plan Approval from December 14, 2010 to April 11,2011; Donald Wilcenski: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Kenneth Edwards: and be it further RESOLVED, the Planning Board, pursuant to SEQRA, hereby makes a determination of non-significance for the proposed lot line modification and grants a Negative Declaration; James Rich: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Southold Town Planning Board Page Twenty-Four April 11,2011 Kenneth Edwards: and be it further RESOLVED, that the Southold Town Planning Board hereby grants Preliminary Plat Approval upon the map entitled "Standard Subdivision prepared for Highland House FI, LLC Preliminary Plan" prepared by Richard H. Strouse, P.E. of CME Associates Engineering dated June 18, 2010 and last revised February 4,2011. William Cremers: Second the motion. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Conditional Preliminary Determinations: Bayberry Estates - This proposal is for a standard subdivision of a 50.0609-acre parcel into 18 lots and 2 open space parcels where the lots range in size from 28,235 square feet to 36,400 square feet with the open space parcels totaling 35.0227 acres, excluding the wetlands, in the R-80 Zoning District. The property is located on the west side of Laurel Avenue, approximately 150 feet south of Yennecott Drive in Southold. SCTM#1000-55-6-35 & 36 and 56-1-1. Donald Wilcenski: Mr. Chairman, I will offer the following resolution: WHEREAS, this proposal is for a standard subdivision of a 50.0609-acre parcel into 18 lots and 2 open space parcels where the lots range in size from 28,235 square feet to 36,400 square feet with the open space parcels totaling 35.0227 acres, excluding the wetlands, in the R-80 Zoning District; and WHEREAS, an application for Sketch Approval was submitted on March 17, 2006, including the Yield Map showing 18 lots, prepared by Howard W. Young, L.S., dated June 13, 2005, and the Existing Resources and Site Analysis Plan, prepared by Howard W. Young, L.S., dated January 30, 2006; and WHEREAS, on September 12, 2006, the Southold Town Planning Board granted Conditional Sketch Approval upon the map prepared by Howard W., Young, L.S., dated April 5, 2006; and WHEREAS, on November 17, 2006, the applicant submitted an application for Preliminary Plat Approval; and WHEREAS, on November 30, 2006, the Southold Town Planning Board initiated SEQRA coordination for this unlisted action; and Southold Town Planning Board Page Twenty-Five April 11,2011 WHEREAS, the Southold Fire District, the Suffolk County Planning Commission and the Suffolk County Water Authority had no objection to the Town of Southold being lead agency for this unlisted action; and WHEREAS, on December 20 2006, the Southold Fire District recommended that one fire hydrant be placed on O'Malley Road near the first cul-de-sac of the proposed above-referenced subdivision; and WHEREAS, on April 8, 2008, the applicant submitted a completed Phase I Archeological Investigation for the above-referenced subdivision; and WHEREAS, on August 26, 2008, the applicant submitted a copy of a Letter of Water Availability issued by the Suffolk County Water Authority for the above-referenced subdivision; and WHEREAS, on December 15, 2008, revised Preliminary Plats were submitted by the applicant; and WHEREAS, on January 26, 2009, the applicant submitted a copy of a Letter of Non- Jurisdiction - Freshwater Wetlands issued by the New York State Depar[ment of Environmental Conservation for the action; and WHEREAS, on April 15, 2009, the applicant submitted revised Yield Maps for the above-referenced proposed subdivision reflecting the freshwater wetland boundary as delineated by the New York State Department of Environmental Conservation in April 2008; and WHEREAS, on December 9, 2009, the applicant submitted a letter from LIPA, dated December 7, 2009, indicating that LIPA "has no objection to the proposed development within LIPA's easement area"; and WHEREAS, on March 16, 2010, the applicant again submitted revised Yield Maps for the above-referenced proposed subdivision reflecting the LIPA Easement on site; and WHEREAS, on April 26, 2010, the Southold Town Planning Board reviewed and accepted the revised Yield Maps for the above-referenced proposed subdivision; and WHEREAS, on May 14, 2010, the applicant submitted revised ERSAP maps reflecting better clarity and revised Preliminary Plats reflecting minor changes to the proposed lots due to the changed Yield Maps reflecting the freshwater wetlands delineation of April 2008 conducted by the New York State Department of Environmental Conservation and the LIPA Easement on the property site for the above-referenced proposed subdivision; and WHEREAS, on June 11,2010, the Southold Town Planning Board reviewed and accepted the revised ERSAP maps and Preliminary Plats; and Southold Town Planning Board Page Twenty-Six April 111 2011 WHEREAS, on June 30, 2010, the applicant submitted revised Drainage Plans with changes requested by the Southold Town Planning Board for the above-referenced proposed subdivision reflecting the following: 1) a shallow recharge area 2) a change in "Open Space 'A'" 3) Lot 18 shifted further away from Laurel Avenue 4) Lots 10 and 11 shifted further away from the southwesterly property line; and WHEREAS, on July 13, 2010, these revised Drainage Plans, along with the Preliminary Plats, were submitted to the Southold Town Engineering Inspector for review and comment; and WHEREAS, on July 19, 2010, the Southold Town Engineering Inspector provided comments to the Southold Town Planning Board for the above-referenced proposed subdivision, revised Drainage Plans and Preliminary Plats; and WHEREAS, on to the applicant Southold Town August 10, 2010, the Southold Town Planning Board submitted a letter requesting revisions to the Preliminary Plat submitted based upon the Engineering Inspector's comments; and WHEREAS, on August 30, 2010, revised Preliminary Plats were submitted by the applicant; and WHEREAS, on September 21, 2010, the revised Preliminary Plats were referred to the Southold Town Engineering Inspector for review and comment; and WHEREAS, on October 19, 2010, the Southold Town Planning Board set Monday, November 15, 2010 for the Preliminary Public Hearing for the above-referenced proposed subdivision; and WHEREAS, on November 15, 2010, the Preliminary Public Hearing for the above- referenced proposed subdivision was held and closed on the Preliminary Subdivision Plat entitled "Subdivision Map Bayberry Estates - Preliminary Plat", prepared by Howard W. Young, L.S., dated October 31, 2006 and last revised on August 24, 2010; WHEREAS, the applicant petitioned the Town Board to waive the affordable housing buy-out and, on March 16, 2011, the Town Board denied the petition; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants Conditional Preliminary Plat Approval upon the Preliminary Subdivision Plat entitled "Subdivision Map Bayberry Estates - Preliminary Plat" prepared by Howard W. Young, L.S. dated October 31, 2006 and last revised on August 24, 2010. This approval is conditioned upon the successful submission and acceptance of the following items/conditions: Southold Town Planning Board Page Twenty-Seven April 11,2011 The State Environmental Quality Review Full Environmental Assessment Form, received March 17, 2006, is incorrect. Please revise and submit a corrected State Environmental Quality Review Full Environmental Assessment Form for the current action. Upon submittal, the Planning Board will commence SEQRA review of the action and issue a determination. Submit six copies of a complete Preliminary Road and Drainage Plan. This information needs to be separate from the Preliminary Plat. The plan shall include: (1) Road and Drainage Plans shall show all metes and bounds descriptions indicating street and drainage areas as well as the size and type of road systems pursuant to Chapter 161, Highway Specifications, of the Code. (2) Where indicated or required, Road and Drainage Plans shall include but not be limited to the following: (a) (b) (c) (d) (e) (O (g) (h) (J) (k) (I) (m) (n) (o) Metes and bounds descriptions of all building lots indicating lot areas, proposed building envelopes and scenic buffer areas; Utilities: indicate size and location of all below-grade utilities, including proposed water mains, electrical conduit and transformer pads; Fire hydrants; The limits of all tidal and freshwater wetlands within 100 feet of the proposed development; Topographical contours at an interval that will accurately depict the slope and contour of the site; Road profiles and typical cross-sections; Drainage calculations and design indicating all drainage structures and piping; Test hole and boring data; All existing and proposed easements indicating width, area and purpose; Concrete survey monuments; Curbing; Sidewalks; Streetlights; Street trees, including size, type and specifications for placement; Street signs, indicating type and location. The Suffolk County Water Authority Letter of Water Availability is dated October, 2005. Due to the age of the decision, the Planning Board is requiring verification that the decision is still in effect. Southold Town Planning Board Page Twenty-Eight April 11,2011 William Cremers: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Setting of Final Hearings: Conway, Joseph & Margaret - This proposed lot line change will transfer 3.3 acres from a 34.2-acre parcel to an adjacent 1-acre parcel. SCTM#1000-54-7-21.1 will be 30.9 acres. SCTM#1000-54-7-21.2 will be 4.3 acres. The Town of Southold will purchase the 30.9 acres for farmland preservation. The property is located on the west side of Horton Lane at the intersection of Horton Lane & Old North Road, Southold. William Cremers: Mr. Chairman, I will offer the following: WHEREAS, an application for approval of a lot line modification was submitted on August 24, 2010 by Joseph A. and Margaret Conway for the property located at the west side of Horton Lane, at the intersection of Horton Lane & Old North Road, Southold, SCTM#1000-54-7-21.1 & 21.2, in the A-C Zoning District; and WHEREAS, this proposed lot line modification will transfer 3.3 acres from a 34.2 acre parcel to an adjacent 1 acre parcel. SCTM#1000-54-7-21.1 will be 30.9 acres. SCTM#1000-54-7-21.2 will be 4.3 acres. The Town of Southold will purchase the 30.9 acres for farmland preservation; be it therefore RESOLVED, that the Southold Town Planning Board sets Monday, May 9, 2011 at 6:00 p.m. for a public hearing at the Southold Town Hall regarding the maps dated as last revised March 9, 2011, prepared by John T. Metzger, L.S. for the above-referenced application. Kenneth Edwards: 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 Twenty-Nine April 11,2011 Setting of Preliminary Hearings: James Creek Landing - This proposal is to subdivide a split-zoned parcel into five lots where Lot 1 = 40,686 sq. ft.; Lot 2 = 33,007 sq. ft.; Lot 3 = 44,986 sq. ft.; and Lot 4 = 43,520 sq. ft. in the R-80 Zoning District. Lot 5 = 77,747 sq. ft. and is located in the B Zoning District. The preserved open space is equal to 5.59 acres or 60% of the upland area. The property is located on the west side of Main Road, approximately 280' south of New Suffolk Avenue in Mattituck. SCTM#1000-122-3-1.4 Kenneth Edwards: Mr. Chairman, I will offer the following resolution: WHEREAS, this proposal is to subdivide a split-zoned parcel into five lots where Lot 1 = 40,686 sq. ft.; Lot 2 -- 33,007 sq. ft.; Lot 3 = 44,986 sq. ft.; and Lot 4 = 43,520 sq. ft. in the R-80 Zoning District. Lot 5 = 77,747 sq. ft. and is located in the B Zoning District. The preserved open space is equal to 5.59 acres or 60% of the upland area; and WHEREAS, on February 13, 2006, the Southold Town Planning Board issued Sketch Approval upon the map prepared by Nathaniel Taft Corwin, III, L.S., dated July 12, 2005; and WHEREAS, on January 5, 2011, the applicant verbally requested the Southold Town Planning Board to extend the Sketch Approval for 180 days to allow additional time to address alternative access and negotiate acceptable design of the subdivision; and WHEREAS, the Southold Town Planning Board reviewed the above-referenced request at their March 23, 2011 Work Session; be it therefore RESOLVED, that the Southold Town Planning Board hereby extends Sketch Approval to June 13, 2011; 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 Southold Town Planning Board set Monday, May 9, 2011 at $:02 p.m. for a Preliminary Public Hearing regarding the Preliminary Plat entitled "Standard Subdivision of James Creek Landing" prepared by Nathan Taft Corwin, III, L.S. and dated as last revised March 25, 2011. Donald Wilcenski: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Southold Town Planning Board Page Thirty April 111 2011 Ayes. Martin Sidor: Motion carries. Sketch Determinations: Manor Grove Corp. - This proposal is for an 80/60 conservation subdivision of a 29.8 acre parcel into 2 lots where Lot 1 = 0.72 acres (31,450 s.f.) is clustered in the LB Zoning District and Lot 2 = 28.74 acres to be preserved as open space in the R-80 & LB Zoning Districts. The property is located on the northeastern corner of Albertson Lane & Main Road (S.R. 25) in Greenport. SCTM#1000-53-1-1.2 & 1.3 James Rich: Mr. Chairman, I make the following resolution: WHEREAS, this proposal is for an 80/60 conservation subdivision of a 29.8 acre parcel into 2 lots, where Lot 1 = 0.72 acres (31,450 s.f.) is clustered in the LB Zoning District and Lot 2 -- 28.74 acres to be preserved as open space in the R-80 & LB Zoning Districts; and WHEREAS, a Sketch Plan Application was submitted on January 28, 2009; and WHEREAS, the Southold Town Planning Board reviewed the plans at their May 18, 2009 and January 19, 2010 Work Sessions and accepted the application in January for review; and WHEREAS, on March 22, 2011 and April 6, 2011, revised plans were submitted to the Planning Board; and WHEREAS, the Southold Town Planning Board reviewed the revised plans at their April 11,2011 Work Session and found that this application was ready for Sketch Plan determination; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants Sketch Plan Approval upon the map entitled "Manor Grove Corporation Conservation Subdivision" dated February 2, 2009 and last revised April 4, prepared by Nathan Taft Corwin, III, Land Surveyor. William Cremers: Second the motion. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Southold Town Planninq Board Page Thirty-One April 11,2011 Noone, Mar,claret - This proposal is for a standard 2-lot subdivision of a 21,000 s.f. parcel where Lot I = 10,501 s.f. and Lot 2 = 10,500 s.f. in the R-40 & B Zoning Districts. The property is located at 210 Sigsbee Road on the west side of Sigsbee Rd, 164' south of Main Road in Mattituck. SCTM#1000-143-1-4.1 Donald Wilcenski: Mr. Chairman, I will offer the following resolution: WHEREAS, this proposal is for a standard 2-lot subdivision of a 21,000 s.f. parcel where Lot 1 -- 10,501 s.f. and Lot2 = 10,500 s.f. in the R-40 & B Zoning Districts; and WHEREAS, the proposed lot sizes are below the minimum required in the zoning district; and WHEREAS, the Zoning Board of Appeals granted an area variance on March 13, 2008 (reference ZBA #6107); and WHEREAS, an application for Sketch Plan Approval was submitted on January 2, 2010; and WHEREAS, the Southold Town Planning Board reviewed the plans at their May 24, 2010 Work Session and accepted the application; and WHEREAS, the Southold Town Planning Board, pursuant to Town Code §240-56 Waivers of Certain Provisions, may waive certain elements of the subdivision review if in its judgment they are not requisite in the interest of the public health, safety and general welfare. This subdivision is not creating any new roads, is creating only one additional lot, covers a small area (less than half an acre), and is not located near any sensitive environmental features. These factors make the requirements to submit a complete Existing Resource Site Analysis Plan (ERSAP), and a Primary and Secondary Conservation Area Plan unnecessary. Instead, the applicant has been required to submit a plan showing existing significant trees; and WHEREAS, the Southold Town Planning Board reviewed the application at their March 28,2011 Work Session and found that this application was ready for Sketch Plan determination; be it therefore RESOLVED, that the Southold Town Planning Board hereby waives the requirement to submit an Existing Resource Site Analysis Plan (ERSAP), and the Primary and Secondary Conservation Area Plan; William Cremers: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Southold Town Planninq Board Pa.qe Thirty-Two April 11,2011 Donald Wilcenski: and be it further RESOLVED, that the Southold Town Planning Board hereby grants Sketch Plan Approval upon the map entitled "Minor Subdivision Map Prepared for Margaret A. & Thomas E. Noone, Mattituck", dated March 27, 2009 and last revised December 1, 2010 prepared by Nathan Taft Corwin, Ill, Land Surveyor. 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) - STATE ENVIRONMENTAL QUALITY REVIEW ACT RESIDENTIAL SITE PLANS Set Final Hearings: Southwold Manor - This amended residential site plan is for the proposed construction of an age-restricted (55+) condominium community of 27 dwelling units, consisting of eight (8) residential multiple dwelling buildings, four buildings with a footprint of 7,573 s.f., and four with a footprint of 7,695 s.f. Each building contains three units ranging in size from 2,700 s.f. to 2,958 s.f. The amended site plan also includes the conversion of an existing single-family residence into three (3) affordable housing units, one at 891 s.f., and two at 1,121 s.f., a 370 s.f. detached garage, a two-story, 2,246 s.f. amenities building and a swimming pool and deck area covering 2,887 s.f. on a 6.75-acre parcel located on the north side of Main Road, approximately 829' east of Boisseau Avenue in Southold. SCTM#1000-63-3-15 William Cremers: Mr. Chairman, I will offer the following resolution: WHEREAS, this amended residential site plan is for the proposed construction of an age-restricted (55+) condominium community of 27 units, consisting of eight (8) residential multiple dwelling buildings, four buildings with a footprint of 7,573 s.f., and four with a footprint of 7,695 s.f. Each building contains three units ranging in size from 2,700 s.f. to 2,958 s.f. The amended site plan also includes the conversion of an existing single family residence into three (3) affordable housing units, one at 891 s.f., and two at 1,121 s.f., a 370 s.f. detached garage, a two-story, 2,246 s.f. amenities building and a swimming pool and deck area covering 2,887 s.f. on a 6.75 acre parcel; and Southold Town Planninq Board Pa.qe Thirty-Three April 111 2011 WHEREAS, Albert & Rita Cohen are the owners of the property located on the north side of Main Road, approximately 829' east of Boisseau Avenue, in Southold, SCTM#1000-63-3-15; and WHEREAS, on October 21, 2008, the agents, Alfred Amato & Chris Read, Amato & Associates, P.C., representing the applicant, East End Resources LLC, submitted an amended site plan application for approval; and WHEREAS, the Appellate Division, Second Department, rendered a Decision and Order dated February 22,2011, in the applicant's lawsuit pending in the Supreme Court of Suffolk County, which Decision and Order re-instated the applicant's Third Cause of Action seeking mandamus relief; be it therefore RESOLVED, that the Southold Town Planning Board set Monday, May 9, 201'1 at 6:04 p.m. for a public hearing, pursuant to §280-137d, on the amended site plan prepared and certified by Gregg J. Schiavone, PE, dated July 20, 2008. Donald Wilcenski: 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 March 14, 2011. Donald Wilcenski: So moved. Kenneth Edwards: 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? Hearing none, may I have a to adjourn? Donald Wilcenski: So moved. James Rich: Second. Southold Town Planning Board Page Thirty-Four April 11,2011 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 7:30 p.m. Respectfully submitted, Linda Randolph, Transcribing Secretary "Martin H. 'Si~lor, '~'hair ' RECEIVED %~-'~- ~? MAY 1 0 2011 Southdcl Town Clerk