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HomeMy WebLinkAboutPB-02/06/2012PLANNING BOARD MEMBERS DONALD J. WILCENSKI Chair WILLIA-M J. CREMERS KENNETH L. EDWARDS JAMES H. RICH III MARTIN H. SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD PUBLIC MEETING MINUTES Monday, February 6, 2012 4:30 p.m. MAILING ADDRESS: P.O. Box 1179 Southold, NYl1971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 RECEIVED ~:/6~'~i~' / 2. ~?/~¢ IAAfl I 4 2012 Present were: Donald J. Wilcenski, Chairperson Kenneth L. Edwards, Member James H. Rich III, Member Martin H. Sidor, Member Heather Lanza, Planning Director Mark Terry, Principal Planner Brian Cummings, Planner Alyxandra Sabatino, Planner Carol Kalin, Secretary SETTING OF THE NEXT PLANNING BOARD MEETING Don Wilcenski: Good afternoon ladies and gentlemen, and welcome to the regularly- scheduled Southold Town Planning Board's February 6, 2012 Meeting. Our first order of business is to set Monday, March 12, 2012 at 4:30 p.m. at the Southold Town Hall, Main Road, Southold, as the time and place for the next regularly-scheduled Planning Board Meeting. Kenneth Edwards: So moved. Martin Sidor: Second. Don Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Don Wilcenski: Motion carries. Southold Town Panning Board Page Two February 61 2012 PUBLIC HEARINGS 4:30 p.m. - Currie, Lawrence - This proposed Lot Line Modification transfers 0.67 acres from SCTM#1000-59-6-19.2 to SCTM#1000-59-6-18.1 and SCTM#1000-59-6- 19.1. SCTM#1000-59-6-19.2 decreased in size from 0.67 acres to 0.00 acres; SCTM#1000-59-6-18.1 increased from 0.27 acres to 0.67 acres, and SCTM#1000-59- 6-19.1 increased from 0.24 acres to 0.51 acres. The property is located at 8415 Soundview Avenue +/- 101.85' n/e of Kenny's Road in Southold. Donald Wilcenski: At this time, I would ask the audience if anyone would like to address the Board or has any questions, to please approach one of the two microphones and state and write your name and address for the record. Does anybody from the staff or the Planning Board have any comments or any questions about the Lawrence Currie Lot Line change? Hearing none... Kenneth Edwards: I will offer a motion to close the hearing. Jim Rich: Second. Don Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Don Wilcenski: Motion carries. That hearing is closed. 4:32 p.m. - Sparkling Pointe Winery Addition - This proposed amendment to a site plan is for the addition of a 12'4" x 21 '4" office along with the enclosure of an existing 56' x 50'6" area that currently operates as a paved outdoor crushing area and the addition of a 23'6" x 50'6" covered crushing pad, all for employee access only, to the existing tasting room site of Sparkling Pointe Winery on a 12.088-acre parcel in the A-C Zoning District. The property is located at 39750 CR 48, _+682' e/o Ackerly Pond Lane and CR 48, Southold. SCTM#1000-59-10-1 Donald Wilcenski: At this time, I would ask anyone from the audience if they would like to address the Planning Board on the Sparkling Pointe Winery Addition to please step to one of the microphones, state and write your name for the record. Anyone? Does anybody from the Planning Board have anything to add? Jim Rich: Motion to close the hearing. Martin Sidor: Second. Southold Town Plannin.q Board Page Three February 6, 2012 Don Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Don Wilcenski: Motion carries. 4:34 p.m. - Guada.qno, Patrick - This proposal is for a standard subdivision of a 10- acre parcel into two lots where Lot 1 is 1.5 acres and Lot 2 is 8.5 acres, inclusive of a 1.5-acre building envelope and 6 acres of open space subject to a Conservation Open Space Easement. The property is located at 2195 Orchard Street, on the n/s/o Orchard Street, approximately 1,008' w/o Platt Road in Orient. SCTM#1000-27-1-2 Donald Wilcenski: At this time, anyone from the audience who would like to speak to the Planning Board, please step forward, state and write your name and address for the record. Anthony Tohill, Esq.: Good afternoon Mr. Chairman and members of the Board. I am here representing Patrick Guadagno who is right here behind me. He just arrived on an airplane from Singapore, a 19-hour non-stop flight. So, if he says anything funny or acts strange, he does have a reason the rest of us don't. In any event, you have the Affidavit of Posting, you have the Affidavits of Mailing, green cards and certified mail receipts are in. The sign was still up out on the read this afternoon about an hour ago. I went out to look. The trees have been installed along the street, along the (inaudible), the fire well has been installed, the plat is at the Health Department awaiting their signature. Otherwise it has been completed. The Supervisor was authorized on January 31 to sign the Open Space Conservation Easement. So I think we are finally there. That's all I have to say. We are here to answer any questions that either any of the Board members or staff or any of the neighbors might have. Don Wilcenski: Thank you. At this time, is there anybody else from the audience who would like to address the public hearing on the Patrick Guadagno subdivision? Yes? Diane Bratcher, 267 Younqs Road, Orient: I am here on behalf of myself as well as one of the neighbors of the properties adjoining Mr. Guadagno's. She was not able to be here today and asked that I just come. Basically I have a couple of questions and I'm hoping the answers will be simple. I have several questions: before I go into them should I just lay them all out and then somebody try to answer them, or will we do them one at a time? Don Wilcenski: why don't we do one at a time? Southold Town Planning Board Pa.qe Four February 6, 2012 Diane Bratcher: OK. Was Mr. Guadagno's proposed six-acre Open Space Conservation Easement required by the Town, or was this donated essentially by Mr. Guadagno? Mark Terry: Required. Diane Bratcher: OK. And then, is the Open Space Conservation Easement forever--is it perpetual? Don Wilcenski: Yes. Diane Bratcher: OK. Is the Conservation Easement tied perpetually to the 2.5-acre lot, too? Or at some time in the future could they be separated? Mark Terry: It's tied to the lot. Diane Bratcher: Who holds development rights for the six-acre Conservation Open Space? Would that be the Town? Don Wilcenski: The Town. Diane Bratcher: OK. What are the allowed and not allowed uses on the six-acre Conservation Easement. Mark Terry: Mostly the allowed uses are agriculture uses at this point. Diane Bratcher: And open space. Mark Terry: Or open space fallow field which (inaudible) now. Diane Bratcher: Is there any specificity in terms of what the allowed agricultural uses are? Or is it just any agriculture use? Mark Terry: Well, it's pretty broad, but there are some exclusions, such as livestock farms and things like that. Diane Bratcher: Would be excluded. Mark Terry: Yes. There's a limit on structures. In this particular application, the Planning Board designed a building area behind Lot 1 where a small barn could be placed for agricultural purposes. Southold Town Planninq Board Pa.qe Five February 6, 2012 Diane Bratcher: And who is responsible for enfoming the restrictions and allowable uses on the Conservation Easement? Mark Terry: The Town. Diane Bratcher: Perhaps the owner can answer this or maybe you already have this and its part of the public record and the submission: what are the owner's intended uses for the six acres of open space? Has that been expressed at this time? Don Wilcenski: No. It's basically up to Mr. Guadagno. Diane Bratcher: And by plans showing an intended location for an agricultural barn, does this express the owner's intention to actually farm the property or to lease the property to other farmers in the community? Don Wilcenski: Well, Mr. Guadagno was at one of our work sessions and he expressed that he had no intentions of doing any leasing of the land at this time. What we did was to create a scenic byway. We restricted the area if he intended to build an agricultural building behind that lot so it wouldn't be disruptive to the view. Mr. Guadagno, if I am speaking out of line, would you like to answer that question: do you have any intentions of use? Diane Bratcher: So, right now there is no expressed intention to lease the property or necessarily to farm it, but if he--Mr. Guadagno--thought it appropriate or wanted to do that at some time in the future, he would be allowed to farm it or lease it within the certain restricted farming uses. Don Wilcenski: That's correct, yes. Diane Bratcher: Thank you. Don Wilcenski: Thank you. Anybody else from the audience? Yes? Glynis Berry, 24190 Main Road, Orient: I live on the other side of the field. My property is only separated from that lot by a few feet. I have sympathy with the owner. I know the owner always wants to do whatever his dream is with the property. But we are in the middle of doing a Comprehensive Plan and we are also looking at Community Character. This area was traditionally farmed and it's actually listed with the State as being part of an agricultural district. Traditionally, Orient was developed on the streets with small lots on the streets and then the open fields. What we are starting to see is an erosion of that spatial concept in the village. It happened in another field and now this is happing where you are starting to do frag lots and you are starting to build in the Southold Town Planninq Board PaRe Six February 6, 2012 interior of these lots. So, it's kind of like if you admire a mountain and instead of being on the road and looking at the mountain so everybody could look at the mountain, you build a house on the face of the mountain. So, what's happening here is that the house is being placed right in the center of what was a totally flat farm field that went from flat road to (inaudible) from 24 down to Orchard. But because of these lines of property ownership, that sense of place is being changed. In Southampton they had this issue where when you started to subdivide, the houses started going into the middle of what our flat planted. It doesn't have as much of an impact when there's a slope. But when it's totally fiat and you put a large object right in the middle, it basically has destroyed a much larger area. So I guess I would ask that if the farm land could be in the center of that large area in the back of the lot. I think, therefore, if everybody's back lots were kind of kept that way you would have a sense of a much larger space than the little pieces. So that's what I'm asking you to consider. I also think this is an important issue to bring up with the Comprehensive Plan because these small decisions start eroding what is a spatial traditional format of development and if we are going to develop to a higher density, then maybe we need to put another street in. A decision has to be made: where do we want farm land? Where do we want open space? Where do we want construction? This is right adjacent--it's right on the border of where the traditional spatial concepts are and where it's starting to break down. So it actually is a critical area for Orient. I really think this should be put off until this is hashed out in the Comprehensive Plan. I understand that the person is doing a good thing with conserving land, but I don't think it respects the spatial aspects that were there. Don Wilcenski: Mrs. Berry, I think that the Planning Board and the staff have done a very good job working with the applicant and the owner on this project. It has gone back and forth several times. We had the possibility of putting four building lots on that parcel and we worked with him; and there's a little give and take when we are looking at yield on that size property. It could be four homes there and then it wouldn't probably perhaps be as ...... there are probably more people in here right now. And as far as the Comprehensive Plan goes, a lot of these issues are in the Plan and will be put into the Plan and that's still in the works also, but we can't stop an application that's before us. We have to keep the Comprehensive Plan moving as well keep the applications moving. We take your comments seriously and I think we have addressed most of those over the last several months. Glynis Berry: Putting the main structure in the center of the large field I don't think is necessarily the best way to develop that site. You could have four houses right on the (inaudible) road. So, I'm not 100% sure... Don Wilcenski: We are looking at scenic byways on the road frontage, and having open space is a priority of the Community Character Chapter. Southold Town Planninq Board Pa.qe Seven February 6, 2012 Glynis Berry: But this doesn't do that don't think. It's a spatial concept that I think really needs to be looked at and you could look at Southampton for this issue because I think they started to deal with it. It's kind of a shame. Because it will be another farm field. And also if you are looking at farming, it means the farmed areas are going to be cut up and they are not going to be as practical for farming. Very often a farmer could lease four different properties, but now you are creating a little piece here, a little piece here, and it no longer becomes viable even for farming unless it's a very small operation. Don Wilcenski: Thank you for your comments. Anybody else from the Board who would like to address Mrs. Berry's comments? Anybody else from the audience who would like to speak on the Patrick Guadagno subdivision? Anybody from the Board or staff have anything to add to this public hearing? Hearing none .... Kenneth Edwards: I'd like to make a motion to close the hearing. Jim Rich: Second. Don Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Don Wilcenski: Motion carries. Kenneth Edwards: I'd like to offer the following resolution: WHEREAS, this proposal is for a standard subdivision of a 10-acre parcel into two lots where Lot 1 is 1.5 acres and Lot 2 is 8.5 acres, inclusive of a 1.5-acre building envelope and 6 acres of open space subject to a Conservation Open Space Easement; and WHEREAS, on August 9, 2011, the Southold Town Planning Board issued Conditional Preliminary Approval upon the plat entitled "Standard Subdivision for the Property of Patrick Guadagno" prepared by John C. Ehlers, L.S., dated December 8, 2005 and last revised on April 8, 2010; and WHEREAS, LWRP and Suffolk County Planning Commission comments were reviewed and accepted; and WHEREAS, on August 15,2011, the applicant submitted a draft Declaration of Covenants and Restrictions and a Open Space Conservation Easement; and WHEREAS, on August 19, 2011, the applicant submitted a buffer sketch; and Southold Town Planning Board Page Eight February 6, 2012 WHEREAS, at the September 12, 2011 Work Session, the Southold Town Planning Board: 1. Accepted the buffer language for proposed Lot 1. 2. Requested that the applicant change the buffer wording for proposed Lot 2. 3. Recommended no less than 15 trees in the buffer for proposed Lot 2 with clusters of two to three trees. 4. The buffer trees to include 8 evergreen and 7 deciduous; and WHEREAS, on September 9, 2011, the Southold Town Planning Department sent a revised Open Space Easement to the applicant; and WHEREAS, on September 28, 2011, the applicant submitted 2 Construction Storm Water Pollution Prevention Plans (SWPPP) and 2 Notice of Intent for Storm Water Discharges Associated with Construction Activity; and WHEREAS, on October 3, 2011, the Planning Department referred the SWPPP to the Office of the Town Engineer for review; and WHEREAS, on October 27, 2011, the applicant installed the street trees and fire well; and WHEREAS, on December 9, 2011, the Office of the Town Engineer accepted the SWPPP; and WHEREAS, on December 19, 2011, the Office of the Town Engineer submitted a Bond Estimate in the amount of $52,600.00; and WHEREAS, on December 22, 2011, the Planning Department sent a letter to the Orient Fire Department for confirmation that the fire well was installed correctly; and WHEREAS, on December 27, 2011, the applicant submitted a completed Final Plat Application, an Application Fee in the amount of $500.00, a Park and Playground Fee in the amount of $7,000.00, and an Administration Fee in the amount of $2,000.00; and WHEREAS, on December 28,2011, the applicant submitted the signed original copy of the proposed Declaration of Covenants and Restrictions and the original Open Space Easement; and Southold Town Plannin.q Board Pa.qe Nine February 6, 2012 WHEREAS, on January 9, 2012, the Southold Town Planning Board reviewed the Office of the Town Engineer's Bond Estimate and the applicant's request to waive the final Public Hearing and issue Conditional Final Approval. The Board rejected the Office of the Town Engineer's Bond Estimate and found that the final Public Hearing was necessary; and WHEREAS, on January 23, 2012, the applicant submitted filed Covenants and Restrictions, Liber 1282 and Page 837; and WHEREAS, on January 26, 2012, the applicant submitted a verification letter from the Orient Fire District approving the fire well; and WHEREAS, on January 31,2012, the Southold Town Board accepted and endorsed the Open Space Conservation Easement; be it therefore RESOLVED, that the nine street trees located on Orchard Street and all trees and other vegetation planted in the proposed Lot 2 buffer established by the Planning Board on the approved Final Plat shall be ensured by the landowner. In the event that any of the planted vegetation dies, the landowner shall replace such vegetation at their expense within one month; Martin Sidor: Second. Don Wilcenski: Motion made and seconded. Any discussion? All in favor?. Ayes. Don Wilcenski: Motion carries. Kenneth Edwards: and be it further RESOLVED, that the Southold Town Planning Board grants Final Plat Approval with Conditions upon the map entitled "Final Plat of Patrick Guadagno" prepared by John C. Ehlers, Land Surveyor, dated December 8, 2008 and last revised on December 07, 2011, and authorizes the Chairman to endorse the map after the Planning Board issues a written finding that the following conditions have been met: Conditions: 1. All Final Plats must be signed by the Suffolk County Department of Health Services. 2. File the Open Space Conservation Easement with the Suffolk County Clerk. Upon filing, the liber and page shall be recorded on the Final Plat. Southold Town Planning Board Page Ten February 6, 2012 Martin Sidor: Second. Don Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Don Wilcenski: Motion carries. SET HEARINGS Twin Forks Landscape Contracting - This site plan is for the construction of a 6,000 sq. ft. addition to an existing 1,263 sq. ft. building having a total of 7,263 sq. ft. of building for a contractor's yard on a 1 acre parcel in the Light Industrial Zoning District. The property is located at 8405 Cox Lane, Cutchogue. SCTM#1000-83-3-8 Donald Wilcenski: I am recusing myself from setting this hearing. Martin Sidor: WHEREAS, on November 12, 2009, the owner, William J. Fabb, submitted a site plan application for review; and WHEREAS, this site plan is for the construction of a 6,000 sq. ft. addition to an existing 1,263 sq. ft. building having a total of 7,263 sq. ft. of building for a contractor's yard on a 1 acre parcel in the Light Industrial Zoning District; be it therefore RESOLVED, that the Southold Town Planning Board sets Monday, March 12, 2012 at 4:30 p.m. for a public hearing regarding the site plan, dated November 10, 2009, prepared by James Deerkoski, P.E. Kenneth Edwards: Second the motion. Jim Rich: Motion made and seconded. Any discussion? All in favor? Kenneth Edwards, Jim Rich, Martin Sidor: Ayes. Jim Rich: Motion carries. Southold Town Planning Board PaRe Eleven February 6, 2012 T.K. Alpha, LLC - This site plan is for the proposed construction of a 2,475 sq. ft. mix- use building consisting of two store fronts for a 1,100 sq. ft. retail store and 1,375 sq. ft. restaurant. There is an existing 605 sq. ft. building proposed to be removed on an 11,561 sq. ft. parcel located on the n/s/o Pike Street, approximately 100' e/o Love Lane in the Hamlet Business Zoning District in Mattituck. SCTM#1000-140-2-20 Kenneth Edwards: I would like to offer the following resolutions: WHEREAS, on December 13, 2011, the agent, Edward Broidy, submitted a site plan application for review; and WHEREAS, this site plan is for the proposed construction of a 2,475 sq. ft. mix-use building consisting of two store fronts for a 1,100 sq. ft. retail store and 1,375 sq. ft. restaurant. There is an existing 605 sq. ft. building proposed to be removed on an 11,561 sq. ft. parcel located on the north side of Pike Street, approximately 100 feet east of Love Lane, in the Hamlet Business Zoning District in Mattituck; and WHEREAS, the Planning Board performed a coordinated review of this Type II Action pursuant to 6 NYCRR Part 617, Section 617.5, of the State Environmental Quality Review Act (SEQRA); be it therefore RESOLVED, that the Planning Board, pursuant to SEQRA, hereby makes a determination that pursuant to Part 617.5C(7), the proposed action is a Type II Action and therefore not subject to SEQRA review; Martin Sidor: Second. Don Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Don Wilcenski: Motion carries. Kenneth Edwards: and be it further RESOLVED, that the Southold Town Planning Board sets Monday, March 12, 2012 at 4:32 p.m. for a public hearing regarding the site plan dated December 27, 2011, prepared by Peconic Surveyors, P.C. Martin Sidor: Second. Don Wilcenski: Motion made and seconded. Any discussion? All in favor?. Ayes. Southold Town Planninq Board Pa.qe Twelve February 6, 2012 Don Wilcenski: Motion carries. New Cin.qular Wireless at MGH Enterprises (Orient by the Sea Marina) - This revised site plan is for the proposed construction of a 70' monopole wireless facility having internally mounted antennas at 67' and 57' for New Cingular Wireless along with related base equipment on a 400 sq. ft. area. The site includes an existing restaurant and boat marina on 4.7 acres in the M-II Zoning District. The property is located at 40200 NYS Route 25, Orient. SCTM#1000-15-9-8.1 Jim Rich: Mr. Chairman, I will offer the following resolution: WHEREAS, on December 9, 2011, the agent, John Coughlin, submitted a site plan application for review; and WHEREAS, this revised site plan is for the proposed construction of a 70' monopole wireless facility having internally mounted antennas at 67' and 57' for New Cingular Wireless along with related base equipment on a 400 sq. ft. area. The site includes an existing restaurant and boat marina on 4.7 acres in the M-II Zoning District, Orient; be it therefore RESOLVED, that the Southold Town Planning Board sets Monday, March 12, 2012 at 4:34 p.m. for a public hearing regarding the site plan dated October 28, 2011, prepared by William F. Collins, AIA. Kenneth Edwards: Second. Don Wilcenski: Motion made and seconded. Any discussion? All in favor?. Ayes. Don Wilcenski: Motion carries. SUBDIVISIONS - SKETCH DETERMINATIONS Winston, Eve - This proposal is a standard subdivision of a 5.58-acre parcel into two lots where Lot 1= 1.7 acres (74,027 sq. ft.) and Lot 2 = 3.88 acres (169,022 sq. ft.) in the R-80 Zoning District. The property is located at 3450 Private Road #13, Mattituck. SCTM#1000-105-1-4 Southold Town Planninq Board Pa.qe Thirteen February 6, 2012 Martin Sidor: WHEREAS, this proposal is for a standard subdivision of a 5.58 acre parcel into two lots, where Lot 1= 1.7 acres (74,027 sq. ft.) and Lot 2 = 3.9 acres (169,022 sq. ft.) in the R-80 Zoning District; and WHEREAS, a Sketch Plan Application was submitted on June 16, 2009; and WHEREAS, on July 11,2011, the Southold Town Planning Board granted Sketch Plan Approval upon the map prepared by L.K. McLean Associates, P.C., entitled "Eve Winston Property Standard Subdivision Sketch Plan", dated November 5, 2007, last revised June 30,2011; and WHEREAS, upon further review, a discrepancy was found between the above Sketch Plan and a previous plan, dated March 29, 2009, and entitled "Eve Winston Property Sketch Plan - Minor Subdivision". The March 29th plan depicted the location of the Coastal Erosion Hazard Area (CEHA) line and stated the non-buildable area as 79,932 sq. ft. The Sketch Plan submitted for approval omitted the CEHA line and stated the unbuildable area as 75,028 sq. ft. The applicant was notified that the CEHA line is required to be shown on the Sketch Plan, and that land seaward of this line is considered unbuildable and does not count towards lot area; and WHEREAS, on July 25, 2011, the Planning Board reviewed the two plans referenced above at their Work Session and determined that the Sketch Plan upon which approval was granted on July 11,2011 was not valid because it did not correctly identify the unbuildable lands and did not demonstrate that the yield for two lots could be met; and WHEREAS, on August 8, 2011, the Southold Town Planning Board rescinded Sketch Plan Approval upon the map prepared by L.K. McLean Associates, P.C., entitled "Eve Winston Property Standard Subdivision Sketch Plan", dated November 5, 2007, last revised June 30, 2011; and WHEREAS, on January 23, 2012, the Zoning Board of Appeals granted an area variance for the application; and WHEREAS, on February 2, 2012, the applicant submitted revised plats; and WHEREAS, at their February 6, 2012 Work Session, the Planning Board reviewed the revised Sketch Plans and the ZBA decision granting the area variance and determined the application was ready for a Sketch Plan determination; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants Sketch Plan Approval upon the map prepared by LK. McLean Associates, P.C. entitled "Eve Winston Property Minor Subdivision" dated October 28, 2011, last revised October 28, 2011. Southold Town Planning Board PaRe Fourteen February 6, 2012 Kenneth Edwards: Second the motion. Don Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Don Wilcenski: Motion carries. SUBDIVISIONS - CONDITIONAL FINAL DETERMINATIONS Manor Grove Corp. - This proposal is for an 80/60 clustered conservation subdivision of a 29.8-acre parcel into two lots where Lot 1 = 0.72 acres in the LB Zoning District, and Lot 2 = 28.74 acres to be preserved as open space in the R-80 & LB Zoning Districts. An undevelopable ¼ acre strip of land will also be subdivided in the R-80 Zoning District to be merged with adjacent parcels. The property is located at 68775 Main Road & 650 Albertson Lane, on the n/e corner of Albertson Lane & Main Road, Greenport. SCTM#1000-53-1-1.2 & 1.3 Kenneth Edwards: Mr. Chairman, I will offer the following resolutions: 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 sq. ft.) 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, on April 13, 2011, the Southold Town Planning Board granted 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; and WHEREAS, the LWRP Coordinator found this application to be exempt from a LWRP review; and WHEREAS, comments from the Suffolk County Planning Commission were exempt because no lots were created; and WHEREAS, on May 27, 2011, the applicant submitted a Final Plat Application; and WHEREAS, on June 13, 2011, the Planning Board reviewed the Final Plat Application, and a public hearing was set for July 11,2011; and Southold Town Planning Board Pa.qe Fifteen February 6, 2012 WHEREAS, on July 11,2011, the public hearing was held and closed with no comments by the public; and WHEREAS, on September 7, 2011, Planning Staff met with Suffolk County Department of Health Services Staff to review the application; and WHEREAS, on January 27, 2012, the applicant submitted revised Final Plats; and WHEREAS, on February 6, 2012, the Planning Board reviewed the revised Final Plats and found that this application was ready for Conditional Final 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, pursuant to SEQRA, hereby makes a determination of non-significance for the proposed action and grants a Negative Declaration; Jim Rich: Second. Don Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Don Wilcenski: Motion carries. Kenneth Edwards: and be it further RESOLVED, that the Southold Town Planning Board grants Conditional Final Plat Approval upon the map entitled "Final Plat Manor Grove Corp. Conservation Subdivision" dated February 2, 2009 and last revised November 2,2011, with the following conditions: Obtain approval from the Suffolk County Department of Heath Services, and their endorsement on all paper and Mylar copies of the Final Plat as approved by the Planning Board. Submit draft Covenants and Restrictions for the Planning Board to review. Once the Planning Board reviews and accepts the Covenants and Restrictions, file them with the Suffolk County Clerk and note the liber and page on all copies of the Final Plat. Martin Sidor: Second. Southold Town Plannin.q Board Page Sixteen February 6, 2012 Don Wilcenski: Motion made and seconded. Any discussion? All in favor?. Ayes. Don Wilcenski: Motion carries. SUBDIVISIONS -FINAL DETERMINATIONS Gri.qonis~ Estate of Antone -This proposal is for an 80/60 clustered Conservation Subdivision of 21.5978 acres of land (SCTM#1000-55-1-5.1 and 1000-55-2-8.5) into seven (7) lots where Lot 1 = 43,904 sq. ft.; Lot 2 = 40,001 sq. ft.; Lot 3 = 40,604 sq. ft.; Lot 4 = 55,211 sq. ft. inclusive of a 13,364 sq. ft. r-o-w; Lot 5 = 7.33 acres and is proposed to be preserved through a Sale of Development Rights to Suffolk County; Lot 6 = 9.45 acres and is proposed to be preserved through a Sale of Development Rights to Suffolk County; and Lot 7 = 30,000 sq. ft. and shall be transferred to the Town of Southold for drainage purposes. The properties are located at 5410 Youngs Avenue, on the west and east sides of Young's Avenue, south of Old North Road in Southold. SCTM#1000-55-1-5.1 & 55-2-8.5. James Rich: Mr. Chairman, I offer the following resolution: WHEREAS, this proposal is for an 80/60 clustered Conservation Subdivision of 21.5978 acres of land (SCTM#1000-55-1-5.1 and 1000-55-2-8.5) into seven (7) lots where Lot 1 = 43,904 sq. ft.; Lot 2 = 40,001 sq. ft.; Lot 3 = 40,604 sq. ft.; Lot 4 = 55,211 sq. ft. inclusive of a 13,364 sq. ft. r-o-w; Lot 5 = 7.33 acres and is proposed to be preserved through a Sale of Development Rights to Suffolk County; Lot 6 = 9.45 acres and is proposed to be preserved through a Sale of Development Rights to Suffolk County; and Lot 7 = 30,000 sq. ft. and shall be transferred to the Town of Southold for drainage purposes; and WHEREAS, the required clustering of Lots 1 through 4 to a size below the minimum lot size in the zoning district created subdivision open space (the area of land equal to the difference of each lot size from the minimum required lot size in the zone). There are 2.53 acres of subdivision open space within Lots 5 and 6. The remaining subdivision open space (0.68 acres) is accounted for in Lot 7 (to be transferred to Southold Town); and WHEREAS, LWRP and Suffolk County Planning Commission comments were reviewed and accepted; and Southold Town Planninq Board PaRe Seventeen February 6, 2012 WHEREAS, on December 19, 2011, the Planning Board approved the deferral of the Park and Playground Fee in the amount of $10,000.00 and the Administrative Fee in the amount of $630.00 until the Sale of Development Rights is executed with the County of Suffolk and recommends the same to the Southold Town Board; and WHEREAS, on December 19,2011, the Planning Board approved the Performance Guarantee: Site Improvement Performance Bond #61159163 in the amount of $10,500.00, issued by Western Surety Company, and recommended the same to the Southold Town Board; and WHEREAS, on December 20, 2011, the Southold Town Board approved the resolution RES-2011-874, a Deferral of the Park and Playground Fee, Administrative Fees until the Sale of Development Rights is executed and the issuance of a Performance Guarantee by Western Surety Company as recommended by the Planning Board; and WHEREAS, on December 29, 2011, the Planning Staff reviewed the revised Final Plats; and WHEREAS, on January 9, 2012, the applicant submitted filed Covenants and Restrictions Liber D00012681 and Page 613 and the Driveway and Maintenance Agreement Liber D00012681 and Page 614; and WHEREAS, on February 6, 2012, the applicant submitted ten paper copies and four mylar copies of the revised Final Plat with the Suffolk County Department of Health Services approval stamp; and WHEREAS, all the conditions of the Conditional Final Approval have been met; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants Final Plat Approval on the plat entitled "Final Plat Clustered Conservation Subdivision North Fork Estates" dated March 6, 2007 and last revised December 27, 2011, and authorizes the Chairman to endorse the map. Martin Sidor: Second. Don Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Don Wilcenski: Motion carries. Southold Town Planninq Board Pa.qe Eighteen February 6, 2012 APPROVAL EXTENSIONS Droskoski and Sepenoski - This proposed Lot Line Change will transfer 13,872 sq. ft. from SCTM#1000-18-4-7.8 to SCTM#1000-18-4-7.4. Lot 7.4 will increase from 38,880 sq. ft. to 52,752 sq. ft.; and Lot 7.8 will decrease from 13,872 sq. ft. to 0 sq. ft. in the R- 80 Zoning District. The property is located at 27835 NYS Route 25, on the s/w corner of the intersection of Brown's Hill Road & NYS Route 25, Orient. Martin Sidor: WHEREAS, this proposed Lot Line Change will transfer 13,872 sq. ft. from SCTM#1000-18-4-7.8 to SCTM#1000-18-4-7.4. Lot 7.4 will increase from 38,880 sq. ft. to 52,752 sq. ft.; and Lot 7.8 will be eliminated entirely in the R-80 Zoning District; and WHEREAS, Patricia Sepenoski and Stanley Droskoski are the owners of the properties located at 27835 S.R. 25, Orient, SCTM#1000-18-4-7.4 & 7.8; and WHEREAS, on August 8, 2011, the Southold Town Planning Board granted Conditional Final Approval upon the map entitled "Boundary Line Alteration", prepared by John C. Ehlers, Land Surveyor, dated September 2, 2010 and last revised on February 28, 2011, with two conditions listed below: 1) Submit a copy of the plan with Suffolk County Department of Health Services stamp of approval to the Planning Board; and 2) Submit draft deeds to the Planning Board; and WHEREAS, on February 1, 2012, the agent submitted a request for a 90 day extension; and WHEREAS, on February 8, 2012, Conditional Final Approval expired; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants an Extension of Conditional Final Approval through May 7, 2012 upon the map entitled "Boundary Line Alteration", prepared by John C. Ehlers, Land Surveyor, dated September 2, 2010 and last revised on February 28, 2011. Kenneth Edwards: Second. Don Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Southold Town Panning Board Pa.qe Nineteen February 6, 2012 APPROVAL OF PLANNING BOARD MINUTES Don Wilcenski: I need a motion needed to approve the Board minutes of January 9, 2012. Kenneth Edwards: So moved. Martin Sidor: Second. Don Wilcenski: Motion made and seconded. Any discussion? All in favor?. Ayes. Don Wilcenski: Motion carries. At this time would anybody from the Board or staff like to add anything to the minutes? Hearing none .... James Rich: I make a motion for adjournment. Martin Sidor: Second. Don Wilcenski: Motion made and seconded. All in favor? Ayes. Don Wilcenski: Motion carries. Good evening, thank you. There being no further business to come before the meeting, it was ADJOURNED at 5:00 p.m. Respectfully submitted, Linda Randolph, T'ranscribing~Secretary ~D~d~ J. Wilcenskh~ir I4AR ] 4 2012 Soulhold Town