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HomeMy WebLinkAboutPB-11/14/2011PLANNING 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 Present were: Monday, November 14, 2011 4:30 p.m. 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 Bdan Cummings, Planner Alyxandra Sabatino, Planner Carol Kalin, Secretary Southold Town SETTING OF THE NEXT PLANNING BOARD MEETING Martin Sidor: Welcome to the Southold Town Planning Board's regularly-scheduled monthly Public Meeting. Our first order of business is to set Monday, December 12, 2011 at 4:30 p.m. at the Southold Town Hall, Main Road, Southold, as the time and place for the next regular Planning Board Public Meeting. Jim Rich: So moved. Kenneth Edwards: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor?. Ayes. Martin Sidor: Motion carries. Southold Town Planning Board Pa.qe Two November 14, 2011 PUBLIC HEARINGS 4:30 p.m. - Fishers Island Development Corp. & Malinowski - This proposed lot line modification transfers 0.16 acres from SCTM#1000-10-11-5.1 to SCTM#1000-10-11-3. Lot 3 will increase from 1.14 acres to 1.3 acres and Lot 5.1 will decrease from 2.01 acres to 1.85 acres. The property is located on a right-of-way off of Oriental Avenue, Fishers Island. Martin Sidor: If anyone from the audience wishes to address the Planning Board regarding this application, please step forward to either microphone, state your name and address, and print your name and address for the record. Martin Sidor: Anyone from Fishers Island? Hearing none ...... William Cremers: I make a motion we close the hearing. Donald Wilcenski: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Kenneth Edwards: WHEREAS, this proposed Lot Line Modification transfers 0.16 acres from SCTM#1000-10-11-5.1 to SCTM#1000-10-11-3. Lot 3 will increase from 1.14 acres to 1.3 acres and Lot 5.1 will decrease from 2.01 acres to 1.85 acres; and WHEREAS, an application for a Lot Line Modification was submitted on June 20, 2011 by Stephen L. Ham, Ill for the property located on a right-of-way off Oriental Avenue, SCTM#1000-10-11-3 & 5.1, in the R-80 Zoning District; and WHEREAS, on September 12, 2011, the Southold Town Planning Board at their Work Session accepted the application for review; and WHEREAS, on October 17, 2011, the Planning Board at their Work Session reviewed draft deeds and set a public hearing; and WHEREAS, on November 14,2011, the public hearing was closed; 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 Southold Town Planning Board Page Three November 14, 2011 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. 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 over-sized parcel (larger than the minimum zoning requires) where the over-sized 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 Southold Town Planning Board, pursuant to SEQRA, hereby makes a determination of non-significance for the proposed Lot Line Modification and grants a Negative Declaration; 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 Four November 14, 2011 Ken Edwards: and be it further RESOLVED, that the Southold Town 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; William Cremers: Second. Martin Sidor: Ayes. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Motion carries. Ken Edwards: and be it further RESOLVED, that the Southold Town Planning Board hereby waives the requirement for SCDHS approval prior to Planning Board approval; Donald Wilcenski: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Ken Edwards: and be it further RESOLVED, that the Southold Town Planning Board grants Final Plat Approval on the maps entitled "Lot Line Change Map prepared for Steve M. & Sarah B. Malinowski & Fishers Island Development Corp." dated January 1, 2011, prepared by CME Associates Engineering, Land Surveying & Architecture, PLLC and authorizes the Chairman to endorse the map. Donald Wilcenski: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Southold Town Planninq Board Pa.qe Five November 14, 2011 4:32 p.m. - The Fields at Mattituck* - This proposal is to amend the covenants and restrictions placed on the 15.49-acre agricultural open space for the Fields at Mattituck subdivision to allow a private road for residential use to be constructed through the open space, providing a second access for the lots in that subdivision. A second amendment is proposed to restrict the building envelope located on Bergen Avenue so that no residential development may occur thera. The property is located n/o Bergen Avenue, Mattituck. SCTM#1000-113-2-1.1 *Please note: The applicant requested in writing that the above hearing not be held after it was advertised. The applicant did not perform the required public notice of sending certified letters to the neighbors or placing signs with the time and date of this public hearing in front of the property. No members of the public were present to speak regarding this application, and the hearing was not opened. Any future similar action will require a new public hearing and public notice. 4:34 p.m. - North Fork Self Storage Carport - This site plan is for the proposed addition of an 1,800 sq. ft. carport on the existing 3.1-acre North Fork Self Storage site in the LI Zoning District where four existing buildings total 53,425 sq. ft. The 40' x 45' carport would be used as a staging area for customers to have temporary access to containers. The carport is proposed to be built on an existing asphalt area. The property is located at 50 Commerce Drive, Cutchogue. SCTM#1000-96-1-1.4 Martin Kosmynka: I am the owner of North Fork Self Storage. I'm here to answer any questions. Martin Sidor: Does anyone from the Board have any questions? Martin Sidor: Is there anyone in the audience who wishes to address the Planning Board regarding this application? Hearing none .... Donald Wilcenski: I make a motion we close the hearing. William Cremers: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Thank you. Southold Town Planning Board Page Six November 14, 2011 4:36 p.m. - La Gran Villa Restaurant - This site plan is for the proposed modification of an existing 3,138 sq. ft. building to a 16-seat single service restaurant on a .48-acre parcel in the HB District. The site also contains a second 982 sq. ft. building currently used for offices. There are 22 existing parking spaces on site and no more are proposed. The property is located at 13000 NYS Route 25, +100' e/o Love Lane, Mattituck. SCTM#1000-114-11-12 Martin Sidor: Anyone in the audience who wishes to address the Planning Board regarding this application, please step forward to either microphone, state your name and address, and write your name and address for the record. Robert Barratt, 4295 Lanceton Road, Cutcho,que, NY: If it pleases the panel, I am the agent for the owner of the property. I am a professional engineer. I brought with me, mainly for the purpose of acquainting anyone in the audience who may be interested, a colored up drawing--the same drawing all of you have seen some two or three weeks ago. It describes this site in a little more detail than you so aptly described it to date. I would like to point out that the 16-seat, single service restaurant will be located in the building nearest the road, which is marked in yellow. The owner for the property has accepted a long-term lease from Marina Recinos, and both the owner of the property and Marina are here in the audience. I'd like to just introduce them if I may. Mr. Peter Jacks is the owner--Peter, take a stand--and Marina Reoinos is the renter who plans to operate the 16-seat single service restaurant. The other two buildings on this site are marked in pink and, hopefully you can see, in blue. Pink is a doctor's office and blue is Crystal Clear Windows. Peter's family has owned this property for nearly 20 years. During that time, it's had a variety of renters. One thing that is characterized renters in recent years is they haven't stayed very long, primarily because perhaps their businesses changed. The old timers here will probably remember there was a church in the yellow building and since then there has been an auction room. Both have moved on. The doctor's office was a gymnasium for a while and the blue one of course is Crystal Clear Windows. Peter's father died about a year ago, leaving the building to him. Now a younger man is in charge and he's done a fine job in finding a doctor and also somebody who wants to serve food. From my standpoint, serving food and having a doctor are two of the primary reasons one needs to get through life. So I congratulate him on his choice of renters. In approaching the situation of a restaurant, I was very conscious that a restaurant involves the Suffolk County Health Department. So before anything happened at all, I first initiated an action with the Wastewater Division of Suffolk County Water (Authority). After due process, they approved the idea of restaurant so long as I installed a grease trap in the pre-existing sewer system. The other part of Health Department looks into the issues of running the restaurant itself-- not strictly the plumbing. They gave me very valuable input on the layout of the kitchen; particularly things like the hand-washing facilities. I want to assure any of you who use this restaurant--God willing that it is built--the staff will wash their hands at almost every opportunity. At the end of the review, they approved the layout of the kitchen and Southold Town Planning Board Pa.qe Seven November 14, 2011 also the restaurant. At this point, we were ready to go with the exception that the Building Department advised me that the intensity of this development--a 16' restaurant which may involve ten parking spots-was something that needed a little more review. The Planning Department, of course, came to my aid. They said "Yes, the parking must be properly defined." What we have been doing for the last month or so is we've been looking at that and we've been trying to find ways to reduce runoff-- one of the problems. I've had three meetings with the Traffic Engineer here in the Town. The solution to runoff was to increase the amount of grass that was on the site. It started out at 10% and we now have over 25% grass. That has brought down the runoff significantly. Other than that, we have tidied up the lot in his proposed plan and each lot will have a concrete stop to aid in parking. Of course, the area where the handicapped parking spot will exist-which is near the road-will be blacktopped over. With those small additions, plus the grease trap, I am hoping that you guys can see your ways clear to giving the approval to proceed to the next step. Thank you. Martin Sidor: Thank you. Anyone else from the audience? Any questions from the Planning Board? Hearing none ..... Jim Rich: I move that the hearing be closed. Kenneth Edwards: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Thank you. HEARINGS HELD OVER G.W. Meade Farm - This site plan is for the proposed construction of a 5,200 sq. ft. horee barn connecting to a 14,400 sq. ft. indoor arena for the keeping/breeding/raising and training of horses and a riding academy with 10 parking spaces. Also on the property are a 1,140 sq. ft. single-family dwelling, a 1,965 sq .ft. frame barn and a 700 sq. ft. frame building. The property is located at 1375 Ackerly Pond Lane, 1,100'_+ w/o Lower Road and Ackerly Pond Lane, Southold. SCTM#1000-69-5-7.1 Martin Sidor: Anyone in the audience who wishes to address the Planning Board regarding this application, please step forward to either microphone, state your name and address, and write your name and address for the record. Southold Town Planninq Board Page Eight November 14, 2011 Bruce Anderson, Suffolk Environmental, agent for the applicant: My purpose here tonight is just to explain to anyone here who is interested some of the changes that have occurred since our last public hearing. Probably the principal change has been to create a driveway on the property proper so that the existing common driveway doesn't have to be utilized for the proposed horse farm. Folks should be aware of that. We also with that have made various drainage improvements; we have agreed to provide landscaping around the perimiter of the parking area; there will be landscaping adjacent to the common driveway; there will be appropriate drainage installed in connection with the barn, and grading. Those are the principal changes. The proposed project will comply in all respects to all Covenants & Restrictions that are already on the property and all reasonable conditions apply to the property. I hope that the changes are valued by some who I know are very concerned with this project. I really don't have any more to add. Martin Sidor: Thank you. Anyone else in the audience who wishes to address the Planning Board? John Peters, 1465 Ackerly Pond Lane: The Board has been very gracious in giving me time and hearing some of the concerns that the owners have, and I won't take up any more time than necessary. The point I'd like to make today is that I had sent a letter to the Board members concerning amending the C&R's. I think one of the things we're all concerned with is that we don't live with the same previous owner again with the new owners. I think we've been more than gracious in allowing them to keep everything they want. Both buildings, a parking lot--the only thing that we've asked is that they move it more closer to their home and further away from ours. The C&R's that I have suggested in my letter speak to hours of operation, number of horses, ambient lighting, transportation of horses on off hours. One of the things that we'd like to say is that having a heavy commercial business next to us right in the heart of a residential community, we've asked that they limit the hours of operation so that we can have lives on the weekends with our kids and our families. Some of these suggestions are just that: suggestions--by no means do I think that these are the end-all--but I would ask the Planning Board to take a look at these C&R's and make some suggestions. If we can do this as a community and be part of the process, we'd be more than happy to help. Thank you. Martin Sidor: Is there anyone else in the audience who wishes to address the Planning Board? Patricia Moore, Esq., on behalf of Mr. Ward, a homeowner in the community: Very briefly, I was monitoring at the work session discussions. There have been requests to reduce the activity on the road by limiting access on the shared driveway since this is going to be somewhat of a commercial enterprise. There is certainly no problem with having a farm and having a horse farm with a riding academy, but it is an intensification Southold Town Planning Board Pa.qe Nine November 14, 2011 of the use. When you originally did the four-lot subdivision, there was consideration about the sale of development rights; there was a house and it was for the most part pastures. So, to change over the use now to a riding academy, the Code itself treats it as an intensification of the use by virtue of the fact that it's a special permit; it's a permitted use, but with special conditions that are attached to it. It seems somewhat a reasonable request that the residents ask the operator to keep the access point on their individual access to the farm rather than using the shared driveway. I would hope that you keep that in consideration because you are talking about much more intensified use on this property and ultimately it's safer for the community. It's a residential dead- end right-of-way, so kids are always on the street, dogs and so on. It just seems logical for liability purposes alone that the farm would want to segregate the activities of the riding academy from the residences. I hope that everybody comes to an agreement, but if it can't be done voluntarily by the applicant then possibly-as has been requested- -as a condition in the Covenants and as a condition on your approval. Thank you. Martin Sidor: Thank you. Is there anyone else from the audience wishing to address the Planning Board? Bruce, do you have anything? Bruce Anderson: I thought I just heard to use the driveway on the lot; that's exactly what I'm proposing. As for covenants on the property, we are already subject to covenants, as is everyone who lives there, and we are not looking to redraft subdivision covenants specific to this lot. Frankly, that sort of action would have to be unanimously adopted by all the property owners, so I don't think we are in the right place for that. The parking, the barn, its location on the map as proposed is permitted. It is permitted by the Covenants and it is part and parcel of the farm, so we're satisfied with the siting of these structures. That's really all I have to add. Martin Sidor: Thank you. John Peters: We don't have a problem with the existing Covenants & Restrictions. I think that what we are asking for is more specific things. If the applicants are honest in their intentions--and I hope they are~one of the things they say is they want 13 horses in order to sustain their business. What we don't want to see is 13 horses turning into 26 horses into another barn into another barn and then you fill up the property and we lose every vista that we do have. So I think that if the application is honest, and it's what they want, they will receive everything the Planning Board deems is necessary for an agricultural use. They'll have stables, they'll have a riding academy, they'll have a parking lot. If they have a problem with having those specific things mentioned as what they needed and what they received and no more to be had, I think then we are all in agreement. But I think if they say they only need 13 and they're gonna tell this Board that this is a lesser use than the former owner, then I don't think it's out of line to put it on a piece of paper and live by your word. Thank you. Southold Town Planninq Board Pa.qe Ten November 14,2011 Bruce Anderson: Hopefully this will be the last time I speak. This is an honest application; I take offense to if I don't agree to a condition of a neighbor that somehow we are dishonest. That's completely inappropriate. We have stated what our intentions are. Folks that move into these areas move in to adjacent of farms unfortunately have to live with those farms, and farms can change. What we have applied for is our intention to do what we have asked to do. That doesn't mean that we can't make other proposals in the future. I think any approval that locks us into this development plan with this number of horses or this type of uses in derogation of any other legitimate agricultural use would be wholly inappropriate by this Board. Thank you. Martin Sidor: Anyone else in the audience? I'll just simply say it seems like one of the points on this was the shared driveway. I don't know if everybody understood how the change that has taken place since the first meeting here--I believe I've addressed that, I don't know if Bruce has made himself clear on this? Bruce Anderson: There's a map hanging in the hallway. Martin Sidor: OK. I think that will help address some of your... I think there was a question that mentioned: "ours." I don't know if with agriculture there can be, you know. As far as the size goes: I'm going out of my way now basically the operations that I know in this area and even out of state--to jump to that conclusion--to make that kind of profit is highly unlikely. I think they'll be more than content to stay within what we see today. I don't think there's that kind of money involved to jump to that kind of size that you're so fearful of. That's simply my opinion. I haven't seen anyone who has made that kind of leap. John Peters: I think some of the people that we spoke to have seen a decrease in business, not an increase in business. But that's my exact point. If you have a decrease in business, you're struggling to make bills. They may want to come up with a secondary use and maybe something else. At that time, that adds to an application because maybe if you brought all those things to the Board today, the Board would look differently on the application. It isn't coincidental that they have a huge piece of property that's still open and available for them to have another use let's say 2-3 years down the line. I'm just saying if they want to change it, maybe they should make their points now rather than later, because then we'll just have to come back and do this all over again. Pat Moore: I just want to clarify my point. I did see the proposed plan and thank you very much that they did provide a separate driveway access; that was very good and I think accommodated some of the concerns. I think that what goes hand-in-hand is that becomes the primary access, but they haven't necessarily--unless you put a notation on the site plan that the shared driveway is going to be limited in its use by the farm. They could potentially use both access points, which would undermine the whole Southold Town Planninq Board Pa.qe Eleven November 14, 2011 purpose of having a separate access. My request-and I know we've done it on many occasion on various site plans: if you want somebody to use a particular access point, you state it on the site plan and that way if it becomes a problem, they are in violation of the site plan and you can pursue it through Code Enforcement. Without a notation, or any reference whatsoever, I think we are relying on everybody's good intentions but in the end it could result in a problem. That was my point. Thank you, Bruce, for creating a separate access point. I thought that was a great concession, but let's pin it down. Martin Sidor: Thank you. Any questions? Hearing none... Donald Wilcenski: I make a motion to close the hearing. William Cremers: Second. Martin Sidor: Motion made and seconded. Is there any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Thank you. Crystal Clear Cleaning Corp. - This site plan is for the proposed renovation of an existing two-story garage (2,400 sq. ft. total) to accommodate the offices of Cifarelli's Crystal Clear Cleaning Corp. in the LB Zoning District. There is no proposed change to the existing single-family dwelling; a proposed turf-block parking area is included. The property is located at 1335 New Suffolk Road, 1,300' +/- s/o NYS Route 25 & New Suffolk Road, Cutchogue. SCTM#1000-109-7-9.3 Martin Sidor: Is there anyone from the audience who wishes to address the Planning Board regarding this site plan application held over from last month? Patricia Moore on behalf of Crystal Clear and Cifarelli: Yes, thank you. I have Lisa with me, right here. At the last hearing there were comments from one of the property owners who lives across the street. We took her comments to heart, and I am going to point out how we have incorporated her requested changes. Those changes were actually reiterated in a letter from Planning to us and it has been included. I have the plan in front of you; I have an extra print. If it's all right I'll share it with property owners that seem to be from the area, that way they all follow along. To begin with, we have the planted buffer along the front of New Suffolk Road; the height of the plants and the type of plants are specified. I believe that was before, but we are just continuing that notation. We are also adding along the north side of the Southold Town Planning Board Page Twelve November 14, 2011 property-along the right-of-way--another planted buffer which is the Leland Cypress, 8'- 10' in height. That runs along the property line to the building. There are two driveways; a northerly driveway and a southerly driveway. We eliminated the northerly driveway and have one access point from the south with the angle such that-because of the greenery and the angle of the driveway--it should block the views from New Suffolk Road into the property. So that's the first layer of screening. In order to maximize parking, there were two spaces added west of the existing building that's being renovated. Those two spaces are solely for the office staff, which typically would be Lisa Cifarelli and another secretary. It's for the occupants of the renovated building. We have added the drywells from before and then included some additional dry wells. All of the drainage calculations were reconfigured given the change to the driveway configuration. But we also relocated a driveway from the east side of the building where there is an oil fill vent. Someone on the Board had noted that there was an oil delivery pipe that was evident. We thank you for that observation and the dry well was relocated away from that area. We are presuming, based on the common design of the oil tank that it's configured a certain way but it doesn't matter--we kind of kept everything out of that area. Nancy Dwyer, who is the design professional on this, did look at the parking configuration. She compared the parking driving straight in versus the configuration that's shown here. A drive straight in to conform with the Code would only yield nine spaces, whereas this configuration came out with ten, so we kept it to the configuration that's proposed here. We identified the location of the dumpster over in an area that is easily accessible to the carting company. We have continued the existing fence along the south side of the property. She didn't add a gate, but we potentially would add a gate if we needed it. We have added a fence along the north property line--a new 6' stockade fence which is located on the property line and provides additional buffer from the existing trees that are there along the north side along the right of way. You can see that we did incorporate all of the comments and hopefully it meets with your approval. I'll respond to any questions or comments. Donald Wilcenski: I just have one question, Pat. Or one notation--I know this isn't finalized, but I didn't see any marking. Just so everyone knows that we are requesting that all business vehicles be parked behind the buildings. That needs to be added to the site plan. Patricia Moore: Oh, yes. OK, that's fine. Well, we got almost everything right? But that's easily done. Any other questions? Martin Sidor: Anyone else from the audience? Southold Town Planninq Board Pa.qe Thirteen November 14, 2011 Elizabeth McGrath, 1275 & 1077 New Suffolk Road: I am next door and behind this property. I am like astonished that something like this is getting approved in the middle of a residential area. I can't even wrap my mind around it. Every other house on the block--this is a residential area. There are no commercial businesses on this street-- period. At the end of the block, coming in from the firehouse and the bank, there is a couple of hamlet business properties where people are required to live there. They are not multi-family dwellings, they are not twelve parking spaces. Plus they have bought the house next door, so we are looking at 24 parking spaces for these vans. Have you gone on their website? These people are from here to California and Florida. This is a big corporation coming into a residential neighborhood. Another think I'd like to know about is--on the short Environmental Assessment Form--which I really don't know what it is--but when it says "what is the present land use in the vicinity of the project: Residential, Industrial, Commercial, Agricultural, Park, Forest, Open Space, Other," it was written down "commercial." It's not commercial, it's a residential neighborhood. So I'd like to know what this is about. I don't know what this is. I'm just a resident in the area and I've been a little busy; I've had an operation and I haven't been able to get really down and find out what this is. But this is outrageous. Because if this is a form that was supposed to start the process here, then this is trying to pull the wool over somebody's eyes. Because it's not a commercial area, period, it is not. I know you guys have been out there, you can see that every other house on the block is a house, it's a residence. Seven parking spaces was like "what?" Now they've got twelve? Have you gone on your website and seen what kind of business this is? This is a big national business. It's from California to Florida. It's on Long Island all over the South Fork to Brooklyn and Queens. I don't know why they want to be in the middle of a residential neighborhood. I just don't understand--I do understand--it's about money. And about housing their employees. It's always about money. But it's outrageous that the Code has not been changed to have an addendum to a spot like this--these little pockets of areas that still .... Mr. Bebe probably had a friend on the Board who slipped through whatever his thing back when and it's kind of standing as it is. But it's really not right. Not this kind of business. This belongs in an industrial park like on Depot Lane or something. It does not belong on New Suffolk Road. And I know that I put a letter out to all of the neighbors and I know that Mr. Rickebaugh was supposed to make a call. I put out the wrong time. I thought the time was at 6:00, so we might be missing a couple of people today. I know Tim Kelly wanted to make it here, Mr. Rickebaugh was supposed to make a couple of calls today, and I know there are other people here that want to say something. I am like delirious because I didn't see this plan until two seconds ago and my head is like spinning. So, that's what I have to say. I can't even like fathom it. It's like ridiculous. So I don't know. That's what I have to say. Martin Sidor: Thank you. Southold Town Plannin.q Board PaRe Fourteen November 14, 2011 Lisa Cifarelli, one of the Crystal Clear owners: Just in response: obviously, we don't have our division in California anymore. Obviously if we did, the vans in California stay in California--they don't travel back to the North Fork at night. Our division in the South Fork stays in the South Fork. We have a rental facility over there where we keep the majority of our vehicles; the majority of our employees punch in and out over there they have their own office over there. Our Florida location is in Florida. The vans go in and out of Florida. They only facility that this proves as of right now we have.., this morning when I pulled into the parking lot there is five vans on the North Fork. Three have been shipped down to Florida right now for the season. The rest are on the South Fork. So that means when those three come back--actually two will come back up here--there will be eight on the North Fork. The office is just our main office hub-it's telephone calls. There's two or three people that work in the office full time, and it's telephone calls. Whether they're coming from Nassau County, Florida, California at the time--which is now gone-or the South Fork, it's just all office. We might be a larger company, but we are not all here everybody's not coming here. This is just the main corporate location of our business. I understand what they're saying, but the fact of the matter is--it is LB Zoning. It is what is there. I know there's a Bed & Breakfast two houses down from us. I think there's another Bed & Breakfast on the street. So it's not all completely residential. There's another property--the yellow house-that's also Limited Business, so there are pockets of limited business and Bed & Breakfast on the street. It is already a very highly trafficked road; I'm actually personally shocked by how many cars go up and down that road and how fast they go up and down that road. It's become somewhat of a drag strip. As far as the impact, I don't honestly think that there is going to be much of an impact of my office at this location. The reason why I also want to be in Southold Town is because I live in Southold Town. My kids go to school in Southold Town. There were many properties we looked at in Riverhead that we could have moved to; my husband actually wanted to move to Riverhead. I wanted to be in Southold Town so I could participate in my kids' school, so they can take the bus there after school; they don't have to go home to a nanny or a baby sitter every single day. They can come to the office. That's why it was important to me to be in Mattituck or Cutchogue since my children go to school there and will go to school there until they graduate and I can be near their school and they can come home to the office instead of having to go home to a baby sitter. That's why we're here instead of Riverhead or further west or on the South Fork. Martin Sider: Thank you. Anyone else from the audience who wishes to address the Planning Board regarding Cifarelli's? Elizabeth McGrath: That's all very nice what she was saying about wanting to be close to her family and whatever. But the bottom line is that's exactly my point: we want to keep our little street which does have some traffic issues just the way it is. We don't want the traffic impacted by 12 parking spaces. If it is what she's saying: that it's just a little office where she can have her kids come after school so she doesn't have to be in Southold Town Planninq Board Page Fifteen November 14, 2011 Riverhead and have nannies, why do they need 12 parking spaces? If the primary part of their business stays in Southampton and stays in California and stays in Florida, why do they need 12 parking spaces? And they're going to be coming here asking for 12 more parking spaces because they bought the house next door. The house at the end of the block is not Limited Business; it's Hamlet Business. So there are some Bed & Breakfasts. First of all, the house down the road--she doesn't even have a Bed & Breakfast anymore. A Bed & Breakfast does not impact the neighborhood the way a parking lot with 12 cars coming and going from 7 to 6 every day plus a multi-family dwelling. Not to mention the fact that the property is like about a quarter acre. We're talking a quarter acre of property where there's gonna be 12 parking spaces, a multi- family dwelling, plus an office with people coming and going all day in the middle of a residential neighborhood. It's crazy. Patricia Moore: I want to clarify: I don't know what she's talking about--a multi-family dwelling? The property that was bought next door--it made sense to buy it. Since it's so close--the two properties are limited business, but it's being used as a residence and will continue to be used as a residence. If it's every used for anything in the future we have to come to you and get site plan approval. So, let's not guess on what it will be in the future; right now it is a single family and it will be operated the way the zoning code provides. I think there's some misunderstanding. They just closed on the house Thursday. If there had been problems with that house or so we've heard that there were some problems with the occupants of the other house--the other Bebe house-- that's with the prior owner and has nothing to do with them. So, we just want to make clear that it's a single family. Martin Sidor: Thank you. Anyone else from the audience? Deborah Wisowaty, 2185 New Suffolk Road: I'm talking for Walter Teresco. We are worried about the traffic and the noise and when the business hours are going to be running day and night: when they are going to be washing trucks and there being noise all the time; he's just worried about peace and quiet. Traffic is mostly a big problem down there. Patricia Moore: The Teresco's were not here last time when we explained how we operated. The business runs normal business hours if I remember correctly... Lisa Cifarelli: The office hours are 9-5. The vans will leave between 7 and 9 a.m. depending on the time of year and the office is open from 9-5. Patricia Moore: Obviously in the wintertime or when it gets colder and the lights are out; seasonally the window cleaning is a little tough in the dark. So the hours shorten. Martin Sidor: Thank you. Southold Town Planning Board Page Sixteen November 14, 2011 Stacey Paetzel, 1080 New Suffolk Road: First I'd like to start by commending the Board for taking a closer look at the project and rd like to commend the applicant for working specifically with me and with some of our requests that we had to make some amendments to their application. This is the first we've seen of the amended plan with the new parking spaces. It's intense--that's the word that I could think of. I do think it's more appropriate to accommodate their current facilities. However, at the end of the day I don't really feel like it's appropriate for our neighborhood. With that said, I would like to see the parking spaces in the front of the property--in the front of the building-- even if they were office-related spaces. I would prefer not to see those cars in the front. I think it's intense enough without those. That was actually going to be one of my requests that there could be some sort of conditional approval that parking should be within the designated spaces on the lot and if additional employees are hired or trucks are brought in they should not be allowed to park outside of those designated spaces, and if there were more spaces needed they would have to come back before this Board to request additional parking spaces or some other accommodation in that way. I think that just protects us as neighbors. We are very concerned that this is a very intense use. There was no traffic study prepared. It is a busy street, but it's residential and there's not really much we can do about the fact that it's busy now, but we can protect it from becoming more busy and dangerous down the read. We just ask that the Board would try to help us do that. There was some additional landscaping that we had discussed that I had hoped to see, but I am very pleased to see that there is screening from the street, so I very much appreciate that and the change in the driveway. The only other thing we had discussed was potentially some different light fixtures; the light fixtures that are proposed are very tall. I think that the Cifarelli's didn't really love those tall light fixtures either, so I don't know if it's too late or if that can be done by an easy amendment later on to maybe change to a Boilard style fixture that I think would be more appropriate in a residential neighborhood. I think that's pretty much all I have to add, but I would hope that you'll keep in mind that this is definitely most decidedly a residential neighborhood and we'd like to try to protect it in that way as best we can. Thank you. Martin Sidor: Any one else from the audience? Anyone from the Planning Board? Donald Wilcenski: I make a motion to close the hearing giving the Board an additional two weeks to accept comments. William Cremers: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor?. Ayes. Southold Town Planninq Board Pa.qe Seventeen November 14, 2011 Martin Sidor: Motion carries. SUBDIVISIONS - SKETCH DETERMINATIONS Baxter~ William J., Jr. - This is a proposed standard subdivision of a 2.38-acre parcel into 4 lots where Lot 1 equals .624 acres, Lot 2 equals .629 acres, Lot 3 equals .621 acres and Lot 4 equals .515 acres. The parcel is located at 260 Griffing Avenue, Cutchogue, in the Hamlet Business Zoning District. SCTM#1000-102-5-9.4 James Rich: Mr. Chairman, I offer the following resolution: WHEREAS, this is a proposed standard subdivision of a 2.38-acre parcel into 4 lots where Lot 1 equals 0.62 acres, Lot 2 equals 0.63 acres, Lot 3 equals 0.62 acres and Lot 4 equals 0.52 aces. The parcel is located in the Hamlet Business Zoning District; and WHEREAS, in February 2005, the Planning Board required re-submission of the application due to revisions to the Subdivision Code; and WHEREAS, a Sketch Plan Application was submitted on November 21,2006; and WHEREAS, on January 6, 2009, the applicant requested an application fee roll-over; and WHEREAS, on May 24, 2010, the Planning Board asked the applicant to submit new application fees because significant work had been done on this application; and WHEREAS, on August 25, 2010, the applicant submitted the application fee in the amount of $3,250.00; and WHEREAS, on September 28, 2010, the Planning Department reviewed the applicant's request to waive the ERSAP requirement and found that the applicant must submit a streamlined ERSAP; and WHEREAS, on August 5, 2011, the applicant submitted four prints of the Yield Map in connection with a streamlined ERSAP; and Southold Town Planning Board Page Eighteen November 14, 2011 WHEREAS, the Southold Town Planning Board reviewed the revised plans at their October 17, 2011 Work Session and found that this application met the Town Code requirements for Sketch Plan and was ready for Sketch Plan determination; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants Sketch Plan Approval upon the map prepared by Nathan Taft Corwin, III, Land Surveyor, entitled "Yield Map prepared for William J. Baxter, Jr. situated at Cutchogue', dated September 15, 1998, last revised May 17, 2011. Kenneth Edwards: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. SUBDIVISIONS - CONDITIONAL SKETCH DETERMINATIONS Neumann, James - This proposal is to subdivide a 24.9-acre parcel into five clustered lots and one Open Space Lot where Lot 1 equals 2.28 acres inclusive of .52 acres of Open Space; Lot 2 equals 3.49 acres inclusive of .50 acres of Open Space; Lot 3 equals 3.03 acres inclusive of .49 acres of Open Space; Lot 4 equal 3.01 'acres inclusive of .53 acres of Open Space; Lot 5 equals 2.22 acres inclusive of .93 acres of Open Space; and Lot 6 equals 10.09 acres of Open Space. The parcel is located in the R-80 Zoning District between Mattituck Creek and Mill Road, Mattituck, SCTM#1000- 107-1-1.1 & 1.2 Donald Wilcenski: Mr. Chairman, I will offer the following resolution: WHEREAS, this proposal is to subdivide a 24.9-acre parcel located in the R-80 Zoning District into 6 clustered lots and I open space Lot where Lot I equals 2.28 acres inclusive of 0.52 acres of open space; Lot 2 equals 3.49 acres inclusive of 0.50 acres of open space; Lot 3 equals 3.03 acres inclusive of 0.49 acres of open space; Lot 4 equal 3.01 acres inclusive of 0.53 acres of open space; Lot 5 equals 2.22 acres inclusive of 0.93 acres of open space and Lot 6 equals 10.09 acres of open space; and WHEREAS, the subdivision is designed as a clustered subdivision pursuant to Article Xl, Cluster Development of the Southold Town Code; and Southold Town Planninq Board PaRe Nineteen November 14, 2011 WHEREAS, it is recognized by the Planning Board that the proposed lay-0ut will have impacts on the sensitive, primary conservation areas. The Planning Board has accepted the proposed lay-out of the subdivision with consideration of the following mitigation to those impacts: 1. A reduction of parcel yield from 9 lots to 5 lots; 2. The design of a 10' common Pedestrian Easement to gain access to the waterfront in lieu of separate waterfront access by each lot; 3. An offer of a Drainage Easement in a location needed by the Town to help control storm water run-off from Mill Road; 4. Avoidance of building on slopes greater than or equal to 20% in areas proposed for development by restricting the building envelopes beyond that required by code and further limiting the clearing allowed on each lot; 5. Submission of engineered plot plans for each lot including storm water controls to satisfy SWPPP requirements; 6. Creating open space on each lot to serve as non-disturbance buffers along the waterfront to protect the functions and values of Mattituck Creek; and WHEREAS, during the December 10, 2010 site inspection and in an April 19, 2011 letter, the Planning Board requested a 20% slope plat for the parcel to comply with Section 236-13V of the Southold Town Code which prohibits building on slopes equal to or greater than 20%; and WHEREAS, during the same December 10, 2010 site visit, the Planning Board determined that engineered plot plans are required for each lot including SWPPP requirements; and WHEREAS, in a March 8, 2011 letter the Town Engineer and Highway Superintendent recommended that the swale area be transferred to the Town fee title; and WHEREAS, on May 23, 2011, the Board of Trustees replied to the Planning Board's request to evaluate the dock on Lot 2 as follows: "The Board of Trustees ... would consider a modification to the existing dock on Lot 2 to accommodate the future lot owners with the common access point to be determined by your (Planning) board"; and WHEREAS, on October 14, 2011, a plat showing the 20% slope areas was submitted for Planning Board review and all proposed development, with the exception of the 25' wide private road, avoid the 20% slope areas; and WHEREAS, at the October 31,2011 Work Session, the applicant requested that management of the swale be transferred to the Town for the purposes of drainage via a Drainage Easement; and Southold Town Planning Board Page Twenty November 14, 2011 WHEREAS, the Planning Board finds that a Drainage Easement would meet the purpose of both the Town and the request of the property owners to retain title; be it therefore RESOLVED, that the Southold Town Planning Board, pursuant to Part 617, Article 6 of the Environmental Conservation Law acting under the State Environmental Quality Review Act, initiates the SEQR lead agency coordination process for this unlisted action; William Cremers: Second. Martin Sidor: Motion made and seconded. Is there any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Donald Wilcenski: and be it further RESOLVED, that the Southold Town Planning Board hereby grants Conditional Sketch Approval on the plat entitled "Subdivision of James A. Neumann Sketch Plat No. IR" dated April 2, 2008 and last revised September 26, 2011, subject to the following conditions: 1. Please amend the plat as follows: a. Re-configure Lot 5 to eliminate the flag to Mattituck Creek. The Board is requiring a Common Access Easement to Mattituck Creek serving Lots 1, 3, 4, and 5 over Lots 2 and 3. The common access easement shall be 10' in width (5' on Lot 2 and 5' on Lot 3). The path within the easement shall be no more than 4' wide, left natural or constructed of wood chips. Please remove the notation on the plat "Four (4) Foot wood chip or earth pedestrian path may be placed within open space areas 1, 2, 3, 4 and 5 .... The Open Space Easement on the w/s/o Lot 2, adjacent to the wetlands/Mattituck Creek, should be increased to 100' wide where feasible. d. Re-configure the clearing limits and building envelope on Lot I to retain a buffer of vegetation to preserve the 20% slopes in the south. e. Increase the wetland setback to 100'. This was required by the Planning Board as Condition 1 in their letter dated April 26, 2011 which states: Southold Town Planning Board PaRe Twenty-One November 14, 2011 "Lot 1 will remain in the current location. The front yard setback will be reduced to 35' and the wetland setback distance increased to 100'. The Applicant will submit revised plans showing the building envelope in relation to these setbacks." f. Please reduce the size of the building envelopes on Lots 2 and 3 to preserve existing vegetation and avoid slopes (where practicable). The proposed disturbance resulting from construction activities and grading of this site will be greater than one (1) acre in area. Therefore, this project will require coverage from the New York State Department of Environmental Conservation (DEC) under the Phase II State Pollutant Discharge Elimination System (SPDES) Program. The developer must prepare a formal DEC SWPPP, submit a Notice of Intent (NOI) and obtain coverage under the SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES from the DEC. Coverage under this Construction Activity Permit #GP-0-10-002 is required prior to the initiation of any work. Please note that the Town of Southold is a regulated, traditional land use control MS4. Therefore, the applicant must submit an MS4 SWPPP and SWPPP Acceptance Form to the Town of Southold for review and approval prior to submission of the NOI to the DEC. Utility lines and poles occur on/over Lot 1 serving the existing residential structure on Lot 2. Identify whether an easement for the overhead utility lines will be proposed or if the lines will be re-located underground. 4. Provide a draft Drainage Easement for the swale area (between Lots 1 and 2) for Board consideration. Propose uses to be allowed in the open space area on Lot 6a and 6b. The uses will be described in an Open Space Easement for the area. Note that the use of open space areas on each lot (Open Space Easements 1, 2, 3, 4a, 4b, 4c and 5) will be "undisturbed buffer". Please provide a notation on the map indicating such. The terms of the buffer will be established in an Open Space Easement. Provide a draft Homeowners Association Agreement to be established to own & manage the open space Lot 6, the 25' (private road), and the common accessway to the water along the property line between Lots 2 and 3. 7. Add the term "clustered" to the plat title. Kenneth Edwards: Second. Martin Sidor: Motion made and seconded. Is there any discussion? All in favor? Southold Town Planninq Board Page Twenty-Two November 14, 2011 Ayes. Martin Sidor: Motion carries. SUBDIVISIONS - FINAL DETERMINATIONS Mellas & Smith - This proposed lot line change will transfer 9,626 sq. ft. from SCTM#1000-79-6-4.6 to SCTM#1000-79-6-29. Lot 29 will increase from 15,000 sq. ft. to 24,626 sq. ft., and Lot 4.6 will decrease from 96,747 sq. ft. to 87,121 sq. ft. Lot 29 is located in the R-40 Zoning District and Lot 4.6 is located in the A-C Zoning District. This property is located at 935 Jacobs Lane & 340 Colonial Road, 991.72' n/e of North Bayview Road, Southold. William Cremers: Mr. Chairman, I offer the following: WHEREAS, this proposed Lot Line Change will transfer 9,626 sq. ft. from SCTM#1000- 79-6-4.6 to SCTM#1000-79-6-29. Lot 29 will increase from 15,000 Sq. ft. to 24,626 sq. ft., and Lot 4.6 will decrease from 96,747 sq. ft. to 87,121 sq. ft. Lot 29 is located in the R-40 Zoning District and Lot 4.6 is located in the A-C Zoning District; and WHEREAS, an application for a Lot Line Modification was submitted on July 8, 2011 by Richard and Patricia Mellas for the property located 991.72 feet northeast of North Bayview Road, SCTM#1000-79-6-4.6 & 29, in the R-40 and A-C Zoning Districts; and WHEREAS, on August 29, 2011, the Southold Town Planning Board at their Work Session accepted the application for review; and WHEREAS, on September 12,2011, the Planning Board set a public hearing; and WHEREAS, on October 17,2011, the public hearing was closed; and WHEREAS, on October 31,2011, the Planning Board at their Work Session accepted the submitted draft deeds; 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: Southold Town Planninq Board Pa.qe Twenty-Three November 14,2011 3. No new lots are being created; 4. The lots involved are already developed; 5. 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 ever-sized parcel (larger than the minimum zoning requires) where the over-sized 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 Southold Town 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. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes, Martin Sidor: Motion carries. William Cremers: and be it further RESOLVED, that the Southold Town Planning Board hereby waives the requirements of §240 to submit the ERSAP, Primary and Secondary Conservation Plans, the public hearing, Sketch Plan and Preliminary Plat steps; Donald Wilcenski: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Southold Town Planninq Board Pa.qe Twenty-Eour November 14, 2011 Ayes. Martin Sidor: Motion carries. William Cremers: and be it further RESOLVED, that the Southold Town Planning Board hereby waives the requirement for SCDHS approval prior to Planning Board approval; Donald Wilcenski: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. William Cremers: and be it further RESOLVED, that the Southold Town Planning Board grants Final Plat Approval on the map entitled "Boundary Line Alteration situate: Bayview, Town of Southold Suffolk County, New York" dated June 1, 2011, prepared by John C. Ehlers, Land Surveyor, and authorizes the Chairman to endorse the map. Donald Wilcenski: Second. Martin Sidor: Motion made and seconded. Is there any discussion? All in favor? Ayes. Martin Sidor: Motion carries. AMENDMENT TO SITE PLAN RESOLUTION 7-Eleven Mattituck - This proposed site plan is to convert an existing 1,985 sq. ft. gas station/convenience store to a 2,670 sq. ft. convenience store (constructing a 685 sq .ft. addition) on a 24,829 sq. ft. parcel in the B Zone located on the n/e corner of Factory Avenue & NYS Route 25, Mattituck. SCTM#1000-142-1-27 William Cremers: Mr. Chairman, I will offer the following: Southold Town Planninq Board Pa,qe Twenty-Five November 14, 2011 WHEREAS, by resolution on December 12, 2010, the Planning Board approved the Site Plan referenced above; and WHEREAS, during the site planning process the Town identified that the turning radius for westbound Main Road (Rt. 25) to northbound Factory Avenue does not meet current New York State Department of Transportation standards, due to the alignment of Factory Avenue. The applicant agreed to participate in the correction of this alignment problem, in conjunction with the NYS DOT. The applicant entered into an agreement with the NYS DOT whereby the applicant will dedicate the property needed to implement this improvement, and will provide detailed design plans for both the radius improvement and the traffic signal equipment re-location at no expense to the Town or the State of New York. In addition, as part of the site development, the applicant will construct the radius improvement. The NYS DOT has indicated that, in light of the applicant's willingness to provide this benefit to the traveling public, they will provide for the re-location of the traffic signal equipment and the utilities (and associated poles); and WHEREAS, the Planning Board's approval resolution contained a condition requiring the radius improvement from Rt. 25 to Factory Avenue be completed prior to a Certificate of Occupancy being issued to ensure the correction to the radius was done; and WHEREAS, on October 14, 2011, the Planning Board received a letter from the applicant requesting a final site inspection and asking that the Certificate of Occupancy be issued prior to the radius work being completed; and WHEREAS, the applicant has provided evidence that they have posted a bond to the NYS DOT guaranteeing the completion of their portion of the radius work; and WHEREAS, the applicant has further offered to provide a Performance Bond to ensure that additional costs associated with moving the utility poles will also be guaranteed; and WHEREAS, the Planning Board has found that this guarantee is acceptable; be it therefore RESOLVED, that the Southold Town Planning Board hereby amends the December 12, 2010 resolution approving this Site Plan as follows: "RESOLVED, that the Southold Town Planning Board grants approval with e~e two condition_s to the Site Plan entitled "7-Eleven, Inc.", prepared by Eugene Kempey, P.E., originally dated February 25, 2009 and last revised on December 10, 2010, and including the following pages: Southold Town Planning Board Page Twenty-Six November 14, 2011 SP-01 Site & Drainage Plan SP-02 Landscape Plan SP-03 Site Detail SP-04 Truck Routing Plan SP-06 Aerial Photo Plan PH-1 Site Lighting Plan A-1 N &S Elevations A-2 E & W Elevations, and authorizes the Chairman to endorse the site plan packet, a~ eendit~emis~: Conditions of Site Plan Approval: The applicant must submit a letter from the NYS Department of Transportation stating they have no objections to Site Plan Approval being granted prior to their Highway Work Permit being issued. 2. Provide a letter from the NYS DOT that the work to improve the radius at Rt. 25 & Factory Avenue has been completed to their satisfaction. The Building Department may issue a conditional Certificate of Occupancy prior to the completion of the radius improvement work, however, the Planning Board must first issue a final inspection letter finding that the remainder of the site work (other than the radius improvement work) is in accordance with the Site Plan. The condition on the Certificate of Occupancy is that the radius improvement work is to be completed according to the Approved Site Plans and to the satisfaction of the Planninq Board and the New York State Department of Transportation. As a further guarantee, the Planning Board requires the applicant to post a Performance Bond, in an amount to be determined by the Planning Board, but in no event less than the estimated cost of the radius work to move the traffic signals and utilities if the work has not commenced by May 1, 2012. Failure to post this bond by May 31st, 2012 will constitute a violation of this Site Plan Approval. Kenneth Edwards: Second. Martin Sidor: Motion made and seconded. Is there any discussion? All in favor? Southold Town Planning Board Page Twenty-Seven November 14,2011 Ayes. Martin Sidor: Motion carries. APPROVAL OF PLANNING BOARD MINUTES Martin Sidor: We need a motion to approve the minutes of October 17 and 19, 2011. Donald Wilcenski: So moved. Jim Rich: Second. Martin Sidor: Motion made and seconded. Is there any discussion? All in favor? Ayes. Martin Sidor: Motion carries. Does anyone on the Planning Board wish to put anything else in the minutes? Hearing none, do I have a motion to adjourn? William Cremers: So moved. Kenneth Edwards: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor? Ayes. Martin Sidor: Motion carries. This meeting is adjourned. Southold Town Planninq Board PaRe Twenty-E .qht November 14, 2011 There being no further business to come before the meeting, it was ADJOURNED at 5:30 p.m. Respectfully submitted, Li~h~ret~ry- Martin H. Sidor, Chair RECEIVED Southold Town Clerk