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HomeMy WebLinkAboutPB-12/15/2014PLANNING BOARD MEMBERS DONALD J. WILCENSKI Chair WILLIAM J. CREMERS PIERCE RAFFERTY JAMES H. RICH III MARTIN H. SIDOR oF so�ryo� � O 4S ` NTV PLANNING BOARD OFFICE, TOWN OF SOUTHOLD PUBLIC MEETING MINUTES DECEMBER 15, 2014 4:30 p.m. Present were: Donald J. Wilcenski, Chairman Heather Lanza, Planning Director James H. Rich III, Vice -Chairman Mark Terry, Principal Planner William J. Cremers, Member Brian Cummings, Planner Martin H. Sidor, Member Alyxandra Sabatino, Planner Pierce Rafferty, Member SETTING OF THE NEXT PLANNING BOARD MEETING 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: 631765-1938 www.southoldtownny.gov RECEIVED MAY 13 2015 Southold Town rip Chairman Wilcenski: Good evening, ladies and gentlemen and welcome to the December 15, 2014 regular scheduled Southold Town Planning Board meeting. The first order of -business is to set Monday, January 12, 2015 at 4:30 p.m. at the Southold Town Hall, Main Road, Southold, as the time and place for the next regular Planning Board Meeting. James Rich III: So moved. Martin Sidor: Second. Chairman Wilcenski: Motion made by Jim, seconded by Martin. Any discussion? All in favor? Ayes. Motion carries. SET HEARINGS Chairman Wilcenski: Creative Courses Catering, LLC - This proposed Site Plan is for the renovation and conversion of an existing 60' x 40' (2,400 sq. ft.) masonry building, formerly a machine shop, to a 16 seat take-out restaurant with six (6) parking stalls on .33 acres in the LB Zoning District. The property is located at 41150 CR 48, ±850' s/w/o CR 48 & Tuckers Lane, Southold. SCTM#1000-59-10-4 Southold Town Planning Board 2 December 15, 2014 Pierce Rafferty: Mr. Chairman, I'd like to offer the following resolution: WHEREAS, this proposed Site Plan is for the renovation and conversion of an existing 60' x 40' (2,400 sq. ft.) masonry building, formerly a machine shop, to a 16 seat take- out restaurant with six (6) parking stalls on .33 acres in the LB Zoning District; be it therefore RESOLVED, that the Southold Town Planning Board sets Monday, January 12, 2015 at 4:31 p.m. for a Public Hearing regarding the Site Plan entitled "Creative Courses", prepared by Raymond W. Nemschick, dated August 8, 2014 and last revised September 17, 2014. William Cremers: Second. Chairman Wilcenski: Motion made by Pierce, seconded by Bill. Any discussion? All in favor? Ayes. Motion carries. Koehler Family Limited Partnership - This proposal is a Standard Subdivision of a 14.94 acre parcel into eight lots where Lot 1 equals 0.83 acres inclusive of 0.04 acres of unbuildable lands; Lot 2 equals 0.85 acres inclusive of 0.05 acres of unbuildable lands; Lot 3 equals 1.13 acres inclusive of 0.26 acres of unbuildable lands; Lot 4 equals 0.70 acres; Lot 5 equals 0.66 acres; Lot 6 equals 0.70 acres; Lot 7 equals 0.73 acres; and Lot 8 equals 8.72 acres of Open Space and 0.05 acres of unbuildable lands, located in the R-80 Zoning District. This property includes a proposed road totaling 0.54 acres. The property is located at 4180 New Suffolk Avenue, on the corner of Marratooka Road and New Suffolk Avenue, in Mattituck. SCTM#1000-115-10-1 Chairman Wilcenski: Koehler Family Limited Partnership - I need a motion to table this. James Rich III: Mr. Chairman, I make a motion that we table this; when the staff is ready we will proceed. William Cremers: Second. Chairman Wilcenski: Motion made by Jim, seconded by Bill, any discussion? All in favor? Ayes. Motion carries. Southold Town Planning Board _3 SUBDIVISIONS - FINAL PLAT DETERMINATIONS December 15, 2014 Chairman Wilcenski: Skwara, The Estate of Joyce - This proposal is for a Standard Subdivision of a 1.77 acre parcel where in 1989 the Zoning Board of Appeals granted an Area Variance to allow for this parcel to be subdivided into two lots where Lot 1 equals 0.92 acres and Lot 2 equals 0.85 acres, located in the R-80 Zoning District. The property is located at 3720 Wells Road, on the north side of Wells Road, approximately 3,592 feet south of the Main Road in Peconic. SCTM#1000-86-1-14 Martin Sidor: WHEREAS, this proposal is for a Standard Subdivision of a 1.77 acre parcel where in 1989 the Zoning Board of Appeals granted an Area Variance to allow for this parcel to be subdivided into two lots where Lot 1 equals 0.92 acres and Lot 2 equals 0.85 acres, located in the R-80 Zoning District; and WHEREAS, on September 8, 2014, the Southold Town Planning Board granted Conditional Preliminary Plat Approval upon the map entitled "Map of Proposed Land Division at Wells Road, Peconic", dated December 22, 2013 and last revised June 20, 2014, prepared by Kenneth M. Woychuk, Land Surveyor, with four (4) conditions; and WHEREAS, on September 29, 2014, the agent submitted with following: 1. Final Plat Application, 2. Final Plat Fee, 3. Park and Playground Fee in the amount of $7,000.00, 4. Administration Fee in the amount of $2,000.00, 5. Suffolk County Letter of Water Availability, 6. Suffolk County Department of Health approved map, 7. NYS Department of Environmental Conservation Letter of Non -Jurisdiction, 8. Letter from the NYS Natural Heritage Program; and WHEREAS, on October 6, 2014, at their Work Session, the Planning Board reviewed the Final Plat Application and found the application incomplete and requested changes be made to the Final Plat. The Board required limits of 50% maximum allowable clearing to be placed on Lots 1 and 2 as required by the Town Code. The Board agreed that the location of the clearing limits did not need to be shown on the Final Plat based upon the following: 1. This property received a Zoning Board of Appeals Variance which allows the property to be subdivided into non -conforming lots 80,000 sq. ft. in the R-80 zone; 2. The lots are adjacent to cultivated land; 3. This subdivision consists of no more than two (2) lots; and Southold Town Planning Board 4 December 15, 2014 WHEREAS, on October 8, 2014, the agent submitted draft Covenants and Restrictions for review; and WHEREAS, on October 20, 2014, at their Work Session, the Planning Board reviewed the draft Covenants and Restrictions; and WHEREAS, on November 5, 2014, the agent submitted five (5) revised Final Plats; and WHEREAS, at their November 17, 2014 Work Session, the Planning Board reviewed the revised maps and requested that the Covenants and Restrictions be filed as approved at the October 20, 2014 Work Session; and WHEREAS, on November 24, 2014, the agent submitted 12 copies of the revised paper maps and 4 Mylar copies; and WHEREAS, on December 10, 2014, the agent submitted the approved Covenants and Restrictions filed with the Suffolk County Clerk, Liber 12799 and Page 091; and WHEREAS, on December 15, 2014, at their Work Session, the Planning Board agreed to waive a second public hearing on the basis that there were no changes to the plat; and WHEREAS, all conditions of Conditional Preliminary Plat Approval and all requirements of Final Plat pursuant to §240-21 Technical Requirements have been met; be it therefore RESOLVED, that the Southold Town Planning Board hereby waives the Final Plat Public Hearing on the basis that there were no changes to the Final Plat. William Cremers: Second. Chariman Wilcenski: Motion Made by Martin, seconded by Bill. Any discussion? All in favor? Ayes. Motion carries. Martin Sidor: And be it further RESOLVED, that the Southold Town Planning Board hereby grants Final Plat Approval upon the map entitled "Final Plat Land Division of the Estate of Skwara", dated December 22, 2013 and last revised October 31, 2014, prepared by Kenneth M. Woychuk, Land Surveyor, and authorizes the Chairman to endorse the map. William Cremers: Second. Chairman Wilcenski: Motion made by Martin, seconded by Bill. Any discussion? All in favor? Southold Town Planning Board 5 December 15, 2014 Ayes. Motion carries. Chairman Wilcenski: Gordon. Estate of Albert H. - This proposed Lot Line Change will transfer 0.58 acres from SCTM#1000-9-7-8.2 to SCTM#1000-9-7-8.3. Lot 8.3 will increase from 0.30 acres to 0.87 acres and Lot 8.2 will decrease from 3.56 acres to 2.9 acres located in the R-80 Zoning District. The property is located on the corner of Halcyon Avenue and Oceanic Avenue, Fishers Island. William Cremers: WHEREAS, this proposed Lot Line Change will transfer 0.58 acres from SCTM#1000- 9-7-8.2 to SCTM#1000-9-7-8.3. Lot 8.3 will increase from 0.30 acres to 0.87 acres and Lot 8.2 will decrease from 3.56 acres to 2.9 acres located in the R-80 Zoning District; and WHEREAS, on May 9, 2014, a Lot Line Modification Application was submitted; and WHEREAS, on June 2, 2014, the Planning Board, at their Work Session, reviewed the application and found it incomplete with items to be submitted; and WHEREAS, on August 27, 2014, the agent submitted items that had been requested; and WHEREAS on September 22, 2014, the Planning Board reviewed the application at their Work Session and found the application complete; and WHEREAS, on October 6, 2014, the Planning Board set the public hearing; and WHEREAS, on November 3, 2014, the Planning Board held and closed the public hearing; 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 Environmental Resources Site Analysis Plan (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 adversely 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 Southold Town Planninq Board 6 December 15, 2014 WHEREAS, pursuant to the Lot Line Modification Policy set by the Planning Board in February 2011, this application is eligible for a 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: • where no new development potential will be created in the parcel to which the land is transferred; and WHEREAS, on December 15, 2014, at their Work Session, the Planning Board determined that the proposed action meets all the necessary requirements of Town Code §240-57 for a Lot Line Modification; be it therefore RESOLVED, that the Planning Board, pursuant to SEQRA, hereby makes a determination of non -significance for the proposed Lot Line Modification and grants a Negative Declaration. Martin Sidor: Second. Chairman Wilcenski: Motion made by Bill, seconded by Martin. Any discussion? All in favor? Ayes. Motion carries. William Cremers: And be it further RESOLVED, that the Planning Board hereby waives the requirements of Town Code §240 to submit the ERSAP, Primary and Secondary Conservation Plans, Sketch Plan and Preliminary Plat steps. Martin Sidor: Second. Chairman Wilcenski: Motion made by Bill, seconded by Martin. Any discussion? All in favor? Ayes. Motion carries. William Cremers: And be it further RESOLVED, that the Planning Board hereby waives the requirement for SCDHS approval prior to Planning Board approval of this Lot Line Modification. Martin Sidor: Second. Chairman Wilcenski: Motion made by Bill, seconded by Martin. Any discussion? All in favor? Southold Town Planning Board 7 December 15, 2014 Ayes. Motion carries. William Cremers: And be it further RESOLVED, that the Southold Town Planning Board grants Final Plat Approval on the maps entitled "Line Change Map Prepared for Estate of Albert H. Gordon", prepared by CME Associates Engineering, Land Surveying & Architecture, PLLC, dated November 20, 2009 and authorizes the Chairman to endorse the map. Martin Sidor: Second. Chairman Wilcenski: Motion made by Bill, seconded by Martin. Any discussion? All in favor? Ayes. Motion carries. Chairman Wilcenski: Fishers Island Utility Company & Coleman - This proposed Lot Line Change will transfer 0.02 acres from SCTM#1000-9-2-13.1 to SCTM#1000-9- 2-15. Lot 15 will increase from 1.28 acres to 1.29 acres and Lot 13.1 will decrease from 7.13 acres to 7.12 acres located in the R-80 Zoning District. The property is located on the corner of Crescent Avenue and Central Avenue on Fishers Island. Pierce Rafferty: Mr. Chairman, I'd like to offer the following resolutions: WHEREAS, this proposed Lot Line Change will transfer 0.02 acres from SCTM#1000- 9-2-13.1 to SCTM#1000-9-2-15. Lot 15 will increase from 1.28 acres to 1.29 acres and Lot 13.1 will decrease from 7.13 acres to 7.12 acres located in the R-80 Zoning District; and WHEREAS, on June 10, 2014, a Lot Line Modification Application was submitted; and WHEREAS, on July 2, 2014, Planning Staff reviewed the application and found it incomplete with items to be submitted; and WHEREAS, on September 12, 2014, the agent submitted items that had been requested; and WHEREAS on October 6, 2014, the Planning Board reviewed the application at their Work Session and found the application complete; and WHEREAS, on October 6, 2014, the Planning Board set the public hearing; and WHEREAS, on November 3, 2014, the Planning Board held and closed the public hearing; and Southold Town Planning Board 8 December 15, 2014 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 Environmental Resources Site Analysis Plan (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: 3. No new lots are being created; 4. No changes will occur as a result of this lot line change that would adversely 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 a 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: • where no new development potential will be created in the parcel to which the land is transferred; and WHEREAS, on December 15, 2014, at their Work Session, the Planning Board determined that the proposed action meets all the necessary requirements of Town Code §240-57 for a Lot Line Modification; be it therefore RESOLVED, that the Planning Board, pursuant to SEQRA, hereby makes a determination of non -significance for the proposed Lot Line Modification and grants a Negative Declaration. William Cremers: Second. Chairman Wilcenski: Motion made by Pierce, seconded by Bill. Any discussion? All in favor? Ayes. Motion carries. Pierce Rafferty: And be it further RESOLVED, that the Planning Board hereby waives the requirements of Town Code §240 to submit the ERSAP, Primary and Secondary Conservation Plans, Sketch Plan and Preliminary Plat steps. William Cremers: Second. Southold Town Planning Board 9 December 15, 2014 Chairman Wilcenski: Motion made by Pierce, seconded by Bill. Any discussion? All in favor? Ayes. Motion carries. Pierce Rafferty: And be it further RESOLVED, that the Planning Board hereby waives the requirement for SCDHS approval prior to Planning Board approval of this Lot Line Modification. William Cremers: Second. Chairman Wilcenski: Motion made by Pierce, seconded by Bill. Any discussion? All in favor? Ayes. Motion carries. Pierce Rafferty: And be it further RESOLVED, that the Southold Town Planning Board grants Final Plat Approval on the maps entitled "Line Change Map prepared for Fishers Island Utility Company, Inc. & Susanne S. Coleman", prepared by CME Associates Engineering, Land Surveying & Architecture, PLLC, dated April 30, 2014 and last revised July 3, 2014, and authorizes the Chairman to endorse the map. William Cremers: Second. Chairman Wilcenski: Motion made by Pierce, seconded by Bill. Any discussion? All in favor? Ayes. Motion carries. SITE PLANS - DETERMINATIONS Chairman Wilcenski: Showalter Farms. LLC - This proposed Site Plan is for a horse farm and riding academy, and includes one 24'x 30'(720 sq. ft.) 3 -stall barn, two 24' x 10' (240 sq. ft.) 2 -stall barns, an outdoor riding/training area approximately 140' x 270' and twelve (12) parking stalls on 24.2 acres in the A -C Zoning District. The property is located at 18625 Main Road, ±1,190' w/o Elijah's Lane, Mattituck. SCTM#1000-108-4- 1.4 James Rich III: Mr. Chairman, I offer the following: Southold Town Planninq Board 10 December 15, 2014 WHEREAS, this proposed Site Plan is to construct one (1) 24' x 30' 3 -stall portable barn, two (2) 24'x 10'2 -stall portable barns, an outdoor sand training area and twelve parking stalls, 2 trailer parking stalls on 24.2 acres in the A -C Zoning District, Mattituck; and WHEREAS, on June 20, 2014, the agent for the applicant, Ray Nemschick, submitted an application for Site Plan review; and WHEREAS, at a Work Session held on July 7, 2014, the Planning Board formally accepted the application for review; and WHEREAS, on July 17, 2014, the Planning Board, pursuant to Southold Town Code §280-131 C., distributed the application to the required agencies for their comments; and WHEREAS, the Southold Town Planning Board, pursuant to State Environmental Quality Review (SEAR) 6 NYCRR, Part 617.5, has determined that the proposed action is a Type II Action as it falls within the following description for 6 NYCRR, Part 617.5 (c) (3) "agricultural farm management practices, including construction, maintenance and repair of farm buildings and structures, and land use changes consistent with generally accepted principles of farming"; and WHEREAS, on July 24, 2014, the Mattituck Fire Commissioners reviewed the proposed Site Plan and determined that there was adequate fire protection; and WHEREAS, on July 26, 2014, the Southold Town Fire Inspector reviewed the proposed Site Plan and determined that there was adequate fire protection and emergency access for the site; and WHEREAS, on July 29, 2014, the Southold Town Engineering Inspector reviewed the proposed Site Plan to Chapter 236 and required additional information; and WHEREAS, on July 29, 2014, the Town of Southold LWRP Coordinator reviewed the above -referenced project and determined the proposed project to be consistent with Southold Town LWRP Policies; and WHEREAS, on August 4, 2014, a public hearing was held and closed for the above - referenced application with written comments being accepted for an additional two (2) weeks from the date of the hearing; and WHEREAS, at a Work Session held on August 18, 2014, the Planning Board considered the public input from the public hearing and written comments and required certain revisions to the Site Plan and those revisions were made to the satisfaction of the Planning Board; and WHEREAS, on October 6, 2014, the Southold Town Engineer reviewed the above - referenced application and determined that the proposed drainage meets the minimum requirements of Chapter 236 for Storm Water Management; and Southold Town Planning Board 11 December 15, 2014 WHEREAS, on November 10, 2014, the Zoning Board of Appeals issued a decision for File #SE6778, granting a Special Exception for stables/riding academy in an A -C Zoning District with ten (10) conditions. These conditions are included on the Site Plan as follows: 1. The Special Exception Permit granted herein may involve a change in occupancy or a change in use or a change within the classification of the occupancy. Therefore, as a condition of approval, the applicant must contact the Building Department to make the determination whether or not a Building Permit is required and that changes will be NYS Code compliant; 2. This Special Exception Permit requires an Operating Permit and inspection by a Building Inspector from the Building Department that must be renewed annually. It is the applicant's responsibility to contact the Building Department on an annual basis to schedule the required inspection. Failure to do so may require a public hearing before the Zoning Board of Appeals to review potential action to revoke the Special Exception Permit granted herein; 3. The Special Exception Permit granted herein is subject to Site Plan Approval from the Planning Board; 4. Notwithstanding the provisions of this Chapter 205 of the Town Code, no more than six (6) single Special Events may be held annually at the subject property, subject to the issuance of a Special Event Permit; 5. Ingress and egress is prohibited through Noah's Path (a/k/a Theresa Lane), except for emergency access by emergency personnel only; 6. The development rights sold parcel (SCTM#1000-108-4-1.4) shall only be used by the boarders of Showalter Farms, LLC or any other entity operating the boarding operation and shall not be used in any manner by the public and/or riding academy patrons. For the purposes of this Special Exception, the term "boarders" shall be defined as "persons who own a horse boarded at the subject parcel or persons who have a long term lease (six months or longer) from the owner of a horse which is boarded at the subject parcel"; 7. Horse manure shall not be stored within 150 feet of any property line; 8. Horse manure shall be removed a minimum of once per week (note that this condition is the revised time -frame for manure removal, revised by the ZBA in a decision dated December 11, 2014); 9. This Special Exception Permit incorporates the terms of the Land Preservation Committee Approval dated December 2, 2014; 10. In the event that a Building Permit is submitted to construct an indoor riding ring at the subject property, a new application for a Special Exception Permit must be applied for; and WHEREAS, on December 12, 2014, the Southold Town Chief Building Inspector reviewed and certified the proposed stables/riding academy as a permitted use in the A- C Zoning District by Special Exception pursuant to ZBA File #SE6778; and WHEREAS, at their Work Session on December 15, 2014, the Southold Town Planning Board determined that all applicable requirements of the Site Plan Regulations, Article XXIV, §280 —130 Site Plan Approval of the Town of Southold, have been met; therefore be it Southold Town Planning Board 12 December 15, 2014 RESOLVED, that the Southold Town Planning Board has determined that this proposed action is consistent with the policies of the Town of Southold Local Waterfront Revitalization Program. William Cremers: Second. Chairman Wilcenski: Motion made by Jim, seconded by Bill. Any discussion? All in favor? Ayes. Motion carries. James Rich III: And be it further RESOLVED, that the Southold Town Planning Board grants Approval with Two (2) Conditions to the Site Plan entitled "Showalter Farm", prepared by Raymond W. Nemschick, dated June 20, 2014 and last revised November 18, 2014. Conditions: 1. To be fulfilled prior to the stamping of the approved plan: file a Covenant and Restriction with the Office of the Suffolk County Clerk as required by the Planning Board stating "Ingress and egress is prohibited to the Property through Noah's Path (a/k/a Theresa Lane), except for emergency access by emergency personnel only"; 2. This Site Plan is subject to the ten (10) ZBA conditions listed on the Site Plan pursuant to ZBA File #SE6778 issued November 10, 2014, amended December 4, 2014. William Cremers: Second. Chairman Wilcenski: Motion made by Jim, seconded by Bill. Any discussion? All in favor? Ayes. Motion carries. APPROVAL EXTENSIONS Chairman Wilcenski: Aries Estates - This proposal is for a Standard Subdivision of an 11.4 -acre parcel into two lots, where Lot 1 equals 5.7 acres, including 3.3 acres of open space, and Lot 2 equals 5.7 acres, including 3.2 acres of open space, in the R-80 Zoning District. The property is located approximately 334.1' to the east of Stars Road in East Marion. SCTM#1000-22-3-2 Southold Town Planning Board 13 December 15, 2014 Martin Sidor: WHEREAS, this proposal is for a Standard Subdivision of an 11.4 -acre parcel into two lots where Lot 1 equals 5.7 acres, including 3.3 acres of open space and Lot 2 equals 5.7 acres, including 3.2 acres of open space, in the R-80 Zoning District; and WHEREAS, on March 10, 2014 the Southold Town Planning Board granted Conditional Final Approval upon the map entitled "Final Plat for the Subdivision Map Shawn Tully", prepared by Howard Young, L.S., dated June 25, 2010 and last revised October 1, 2013, subject to conditions to be completed prior to Final Plat Approval; and WHEREAS, on September 10, 2014, Conditional Final Plat Approval expired; and WHEREAS, the applicant requested a 90 day extension to fulfill the conditions of Conditional Final Approval; and WHEREAS, the Southold Town Planning Board granted a 90 day Extension of Conditional Final Approval through December 10, 2014; and WHEREAS, in a letter dated December 1, 2014, the agent requested an extension to provide the applicant more time to obtain the Performance Bond; and WHEREAS, on December 10, 2014, the Extension of Conditional Final Plat expired; and WHEREAS, the Planning Board found that the reason for the extension was acceptable; therefore, be it RESOLVED, that the Southold Town Planning Board hereby grants a 90 day Extension of Conditional Final Approval through March 10, 2015 upon the map entitled "Final Plat for the Subdivision Map Shawn Tully", prepared by Howard Young, L.S., dated June 25, 2010 and last revised October 1, 2013, subject to conditions. William Cremers: Second. Chairman Wilcenski: Motion made by Martin, seconded by Bill. Any discussion? All in favor? Ayes. Motion carries. Chairman Wilcenski: Baxter, William J., Jr. - This proposal is a Standard Subdivision of a 2.38 acre parcel into 4 lots where Lot 1 = 0.62 acres, Lot 2 = 0.63 acres, Lot 3 = 0.62 acres and Lot 4 = 0.52 acres, in the Hamlet Business Zoning District. The property is located at 260 Griffing Street, on the northeast side of Griffing Street, approximately 402 feet west of the Main Road in Cutchogue. SCTM#1000-102-5-9.4 Southold Town Planning Board 14 December 15, 2014 William Cremers: WHEREAS, this proposed Standard Subdivision is to subdivide 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 acres. The parcel is located in the Hamlet Business Zoning District; and WHEREAS, the Southold Town Planning Board granted an Extension of Sketch Plan Approval through December 4, 2013 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 and last revised May 17, 2011; and WHEREAS, on December 4, 2013, the Extension of Sketch Plan Approval expired; and WHEREAS, on February 27, 2014, the agent requested a six month extension so that the Board's requirements requested in the letter, dated February 19, 2014, could be satisfied; and WHEREAS, the Southold Town Planning Board granted an Extension of Sketch Plan Approval through June 4, 2014; and WHEREAS, on May 27, 2014, the agent requested a six (6) month extension so that the Board's requirements can be satisfied and Health Department Approval can be obtained; and WHEREAS, on June 4, 2014, the Extension of Sketch Plan Approval expired; and WHEREAS, on July 7, 2014, the Southold Town Planning Board granted an Extension of Sketch Plan Approval through December 7, 2014; and WHEREAS, on December 5, 2014, the agent requested a six (6) month extension so that Health Department approval can be obtained; and WHEREAS, on December 7, 2014, the Extension of Sketch Plan Approval expired; therefore, be it RESOLVED, that the Southold Town Planning Board hereby grants an Extension of Sketch Plan Approval through June 7, 2015 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. Martin Sidor: Second. Chairman Wilcenski: Motion made by Bill, seconded by Martin. Any discussion? All in favor? Ayes. Motion carries. Southold Town Planning Board 15 December 15, 2014 Chairman Wilcenski: Mill Creek Inn & Marina - This Site Plan is for a proposed 50 slip marina & 8,989 s.f. restaurant with marina/dock master building, parking areas and site drainage on a 3.27 acre parcel and a proposed boat yard and 71 parking stalls on a 4.74 acre adjacent parcel (56.-7-4.1) in the M -II Zoning District, Greenport. The property is located at 64300 NYS Route 25, 424' west of Dolphin Drive, Greenport. SCTM#1000- 56-7-2 Pierce Rafferty: Mr. Chairman, I'd like to offer the following resolutions: WHEREAS, this Approved Site Plan is for the improvement and renovation to an existing 50 slip marina & 8,989 sq. ft. restaurant with new marina/dock master building, parking areas and site drainage on a 3.27 acre parcel and a proposed boat yard and 71 parking stalls on a 4.74 acre adjacent parcel (56-7-4.1) in the M -II Zoning District, Greenport; and WHEREAS, the Site Plan contains an area located on a separate 4.74 acre parcel (SCTM#1 000-56-7-4. 1) that is leased by the applicant. This area contains 71 of the 110 required parking stalls and is hereinafter referred to as the "leased parking area". The present owner of the parcel is Richard J. Principi, Jr. and the applicant has obtained a lease to use the parcel for this purpose. A copy of the lease has been reviewed by the Planning Board and is dated May 1, 2012, with a term limit of twenty (20) years, expiring in May, 2032; and WHEREAS, on May 20, 2013, the Southold Town Planning Board granted Approval with Two (2) Conditions to the Site Plan entitled "The Mill Creek Inn & Marina", dated March 2, 2012 and last revised March 20, 2013, prepared by Samuels & Steelman, Architects, including twenty (20) pages of related plans; and WHEREAS, on November 7, 2014, Eugene Burger, agent, submitted a request for a revision to the Approved Site Plan to move the driveway curb cut location 17' feet to the east, enlarge the driveway from 24' to 30', add a 5' wide walkway to the marina area from the rear of the parcel connecting to the main entrance of the building, re -locate eight (8) standard parking stalls and one (1) ADA providing for a drop-off and pick-up area at the main entrance, and shift the eastern parking lot 15' further east at its northernmost point and 7' at its southernmost point; and WHEREAS, on November 19, 2014, the Site Plan Approval expired; and WHEREAS, on December 1, 2014, the Planning Board reviewed the proposed revision at a Work Session and required revisions to the revised Site Plan; and WHEREAS, on December 8, 2014, the applicant submitted a Cross Access Easement that was filed with the County Clerk under Liber D00012799 and Page 069 to serve the two (2) subject parcels; and WHEREAS, in a letter dated December 10, 2014, Nancy Steelman, agent, requested an Extension of Site Plan Approval for one (1) year; and WHEREAS, on December 15, 2014, the applicant submitted the required materials and information to the satisfaction of the Planning Board; and Southold Town Planninq Board 16 December 15, 2014 WHEREAS, the revised Site Plan is for the purpose of illustrating approved changes to the original Approved Site Plan with approval stamp dated May 21, 2013. All approved changes are so noted on the revised plan. The Approved Site Plan with approval stamp dated May 21 2013 remains in effect for all other details that are not specifically noted as a change on the revised plan. All approved changes are noted as proposed or new on the revised plan, except the building which is not changing from the approved plan; therefore be it RESOLVED, that the Southold Town Planning Board grants an Extension of Site Plan Approval from November 19, 2014 — November 19, 2015 to the Site Plan entitled "The Mill Creek Inn & Marina", dated March 2, 2012 and last revised March 20, 2013, prepared by Samuels & Steelman, Architects, including twenty (20) pages of related plans. William Cremers: Second. Chairman Wilcenski: Motion made by Pierce, seconded by Bill. Any discussion? All in favor? Ayes. Motion carries. Pierce Rafferty: And be it further RESOLVED, that the Southold Town Planning Board grants Approval to the revisions to the Approved Site Plan with Two (2) Conditions as shown on the plan entitled "Site Plan Revised", prepared by "Samuels & Steelman, dated December 15, 2014 including the following one (1) plan: 1. SP-PLNG — 1 Revision to Approved Site Plan Conditions: 1. Provide an up -dated permit from the Town Trustees acknowledging the proposed re -location of the parking area and the proposed addition of a 5' wide walkway; 2. Provide an up -dated Highway Work Permit from the New York State Department of Transportation (NYSDOT) acknowledging the re -location of the proposed curb cut to NYS Rt. 25. William Cremers: Second. Chairman Wilcenski: Motion made by Pierce, seconded by Bill. Any discussion? All in favor? Ayes. Motion carries. Southold Town Planning Board 17 December 15, 2014 BOND DETERMINATIONS Accept Bond Estimates Chairman Wilcenski: Colony Pond - This proposal is for a Standard Subdivision to subdivide a 13.540 -acre parcel into five lots where Lot 1 = 0.8 ac., Lot 2 = 10.5 ac., including a 1 ac. building envelope, 0.3 ac. Right-of-way and 7 acres of preserved Open Space, and Lots 3, 4, & 5 = 0.6 ac. in the R-80 Zoning District. The property is located at 845 Colony Road on the s/s/o Colony Road, approximately 470' e/o Bayview Avenue, in Southold. SCTM#1000-52-5-60.3 James Rich III: Mr. Chairman, I offer the following: WHEREAS, this proposal is for a Standard Subdivision to subdivide a 13.540 -acre parcel into five lots where Lot 1 = 0.8 ac., Lot 2 = 10.5 ac., including a 1 ac. building envelope, 0.3 ac. right-of-way and 7 ac. of preserved Open Space, and Lots 3, 4, & 5 = 0.6 ac. in the R-80 Zoning District; and WHEREAS, on May 23, 2014, the Office of the Town Engineer submitted a Draft Bond Estimate for Colony Pond in the amount of $197,961.00; and WHEREAS on December 12, 2014, the Southold Town Highway Department approved the Draft Bond Estimate for Colony Pond, dated May 23, 2014; be it therefore RESOLVED, that the Southold Town Planning Board hereby accepts the Draft Bond Estimate for Colony Pond in the amount of $197,961.00 and recommends the same to the Southold Town Board. Martin Sidor: Second. Chairman Wilcenski: Motion made by Jim, seconded by Martin. Any discussion? All in favor? Ayes. Motion carries. Chairman Wilcenski: The next on the agenda is James Creek Landing, which I am recusing myself and Vice Chairman James Rich III will read the resolution. James Rich III: James Creek Landing - This proposal is to subdivide a split -zoned parcel into five lots where Lot 1 = 2 acres inclusive of a 1 acre Open Space Easement Area; Lot 2 = 2 acres inclusive of a 1.2 acres Open Space Easement Area; Lot 3 = 5.5 acres inclusive of a 1.3 acres Open Space Easement Area; and Lot 4 = 3.7 acres inclusive of a 1.7 acres Open Space Easement Area in the R-80 Zoning District. Lot 5 = 1.8 acres inclusive of 0.3 acres of Open Space Easement Area and is located in the B Zoning District. The property is located on the west side of Main Road, approximately 280' south of New Suffolk Avenue in Mattituck. SCTM#1000-122-3-1.4 Southold Town Planning Board 18 December 15, 2014 Martin Sidor: WHEREAS, this proposal is to subdivide a split -zoned parcel into five lots where Lot 1 = 2 acres inclusive of a 1 acre Open Space Easement Area; Lot 2 = 2 acres inclusive of a 1.2 acres Open Space Easement Area; Lot 3 = 5.5 acres inclusive of a 1.3 acres Open Space Easement Area; and Lot 4 = 3.7 acres inclusive of a 1.7 acres Open Space Easement Area in the R-80 Zoning District. Lot 5 = 1.8 acres inclusive of 0.3 acres of Open Space Easement Area and is located in the B Zoning District; and WHEREAS, on November 20, 2014, the Office of the Town Engineer submitted a Draft Bond Estimate for James Creek Landing in the amount of $118,540.00; and WHEREAS on December 12, 2014, the Southold Town Highway Department approved the Draft Bond Estimate for James Creek Landing, dated November 20, 2014; be it therefore RESOLVED, that the Southold Town Planning Board hereby accepts the Draft Bond Estimate for James Creek Landing in the amount of $118,540.00 and recommends the same to the Southold Town Board. William Cremers: Second. Vice Chairman Rich: Motion made by Martin, seconded by Bill. Any discussion? All in favor? Ayes. Motion carries. Release Bond Chairman Wilcenski: Oregon Landing II - This clustered Conservation Subdivision is to subdivide a 32.73 -acre parcel into 5 lots where Lot 1 equals 2.07 acres; Lot 2 equals 4.37 acres, inclusive of a 2.36 acre right-of-way; Lot 3 equals 1.18 acres; Lot 4 equals 1.24 acres and Lot 5 equals 23.75 acres upon which the Development Rights were sold to the Town of Southold. The property is located on the n/s/o Oregon Road, approximately 135' w/o Alvah's Lane, in Cutchogue. SCTM#1000-95-1-5 William Cremers: WHEREAS, this clustered Conservation Subdivision subdivided a 32.73 -acre parcel into 5 lots where Lot 1 equals 2.07 acres; Lot 2 equals 4.37 acres, inclusive of a 2.36 acre right-of-way; Lot 3 equals 1.18 acres; Lot 4 equals 1.24 acres and Lot 5 equals 23.75 acres upon which the Development Rights were sold to the Town of Southold; and WHEREAS, on October 17, 2006, the Southold Town Planning Board granted Final Plat Approval upon the map prepared by Wallace T. Bryan, L.S. and Jeffrey T. Butler, P.E., dated March 22, 2005 and last revised on August 15, 2006; and Southold Town Planning Board 19 December 15, 2014 WHEREAS, on October 17, 2006, the Southold Town Planning Board accepted the Irrevocable Letter of Credit #060831A in the amount of $290,589.00; and WHEREAS, on August 19, 2014, the Patricia C. Moore, Esq., agent for the applicant, submitted a letter stating that all required improvements have been completed and requested a release of the Irrevocable Letter of Credit held by the Town of Southold; and WHEREAS, on October 1, 2014, the Office of the Town Engineer reviewed the site improvements and recommended to the Planning Board that the Irrevocable Letter of Credit be released; and WHEREAS, on October 6, 2014, at their Work Session, the Planning Board reviewed the recommendations from the Office of the Town Engineer and agreed to recommend to the Town Board the release of the Irrevocable Letter of Credit; be it therefore RESOLVED, that the Southold Town Planning Board hereby recommends that the Southold Town Board release the Irrevocable Letter of Credit #060831A in the amount of $290,589.00. Martin Sidor: Second. Chairman Wilcenski: Motion made by Bill, seconded by Martin. Any discussion? All in favor? Ayes. Motion carries. That ends our resolution part of tonight's public meeting, and now we will open up the floor to our public hearing. ******************** PUBLIC HEARINGS Chairman Wilcenski: 4:31 a.m. - Ski (Przyborowski, Chemervnski & BlomQuist - This proposal is for a Standard Subdivision of a 4.98 acre parcel into two lots where Lot 1 = 3.05 acres and Lot 2 = 1.93 acres located in the R-80 Zoning District. The property is located on the corner of Montauk and Oriental Avenues, approximately 1,800 feet east of Peninsula Road, on Fishers Island. SCTM#1000-10-10-8.1 At this time, I would like to ask anyone from the audience, from the public, if they would like to step to either one of the podiums. Please state your name and write your name after you speak. You need to address the Board and make sure you do address the Board with all your questions or concerns. This is a public hearing for the Ski property on Fishers Island. Anybody in the audience would like to speak? Seeing none - James Rich III: I make the motion that we close the hearing. Southold Town Planning Board 20 December 15, 2014 William Cremers: Second. Chairman Wilcenski: Motion made by Jim, seconded by Bill. Any discussion. All in favor? Ayes. Motion carries. Chairman Wilcenski: 4:32 p.m. -170 Moores Lane Realty Corp. - This Site Plan is for a proposed 60'x 19' (1,140 sq. ft.) office addition to an existing 129' x 125' warehouse building on 1.2 acres in the Light Industrial Zoning District. The property is located at 170 Moore's Lane, ±130' n/w/o Moore's Lane & NYS Route 25, Greenport. SCTM#1000-45-7-3 At this time, I would like to ask the audience if anyone would like to address the Board on 170 Moores Lane Realty Corp. Please step to one of the podiums and state your name and address the Board. Anyone? Seeing none - William Cremers: I make the motion that we close the hearing. James Rich III: Second. Chairman Wilcenski: Motion made by Bill, seconded by Jim. Any discussion? All in favor? Ayes. Motion carries. Chairman Wilcenski 4:33 p.m. - 8 Hands Farm Amended - This Amended Site Plan is for the proposed construction of a 24 x 42 (1,008 sq. ft.) steel building for cheese making to be connected to an existing agricultural building by a 10 x 12 breezeway and add kitchen and bathrooms to the existing farm stand on 27.5 acres (2 acre reserve; 25.5 acres DRT) in the AC Zoning District. The property is located at 4735 Cox Lane, ±550' s/e/o Cox Lane & CR 48, Cutchogue. SCTM#1000-96-2-10.1 At this time, if anyone would like to address the Board, please step to one of the podiums. This is a public hearing for 8 Hands Farm, the Amended Site Plan. Anyone? William Cremers: I make the motion that we close the hearing. Martin Sidor: Second. Chairman Wilcenski: Motion made by Bill, seconded by Martin. Any discussion, all in favor? Ayes. Southold Town Planning Board 21 December 15, 2014 Motion carries. HEARING HELD OVER Chairman Wilcenski: Tuthill Conservation Subdivision - This proposal is for an 80/60 Conservation Subdivision of four parcels SCTM#s1000-17-4-16, 1000-17-6-14.2, 1000-18-3-30.3 and 1000-18-6-17.3 (total area=112 acres) into 17 residential lots, with 94 acres to be preserved. This project includes the transfer of yield pursuant to §240-42 G of the Southold Town Code. SCTM#1000-17-4-16 (North Dyer) equals 21 acres proposed to be subdivided into 6 lots where the lots range in size from 0.7 - 0.9 acres. This property includes a 0.7 acres private right-of-way and 15.6 acres of preserved subdivision open space inclusive of 6 acres of unbuildable lands. North Dyer is located on the n/s/o NYS Route 25, approximately 366 feet west of Oysterponds Lane, in Orient. SCTM#1000-17-6-14.2 (South Dyer) equals 35.3 acres proposed to be subdivided into 5 lots and includes a reserve area for agricultural related use where the lots range in size from 0.5 - 0.9 acres; property includes a 0.5 acre right-of-way and 28.5 acres of open space inclusive of 15 acres of unbuildable lands. South Dyer is located on the s/s/o NYS Route 25, approximately 460 feet west of Oysterponds Lane, in Orient. SCTM#1000-18-3-30.3 (North Brown) equals 28.7 acres proposed to be subdivided into 5 lots where the lots range in size from 0.7 - 0.8 acres. This property includes a 1.2 acre private right-of-way and 23.7 acres of open space inclusive of 2 acres of unbuildable lands. North Brown is located on the n/s/o of NYS Route 25, approximately 2,223 east of Platt Road, in Orient. SCTM#1000-18-6-17.3 (South Brown) equals 26.9 acres proposed to be subdivided where Lot 1 equals 0.92 acres. This property includes 25.5 acres of open space inclusive of 1 acre of wetlands. South Brown is located on the s/s/o NYS Route 25, approximately 1,960 feet east of Platt Road, in Orient. At this time, before we open the floor up to the public, I would like to have our Planning Director, Heather, make some remarks from our last public hearing and give everyone in the room a little up -date from the last meeting. Heather Lanza: Thanks, Mr. Chairman. At the last hearing, the issue of an incorrect Code section reference was noted. We had listed 240, this is going to get real technical, but I'll try to keep it simple. We had listed 240-42 F and the correct Code section should have been 240-42 G. Basically, that is a Code section that allows the Town to move lots from one property to another, if the properties are all be considered together in a subdivision application. Though the Town Code provides little specific guidelines on how to use that Code section and when it may be used, the rationale behind it is to give the Planning Board flexibility in subdivision design. That flexibility is provided to help the Board design subdivisions that protect as much sensitive land as possible. So, I just wanted the Board to know and the public to know that it's important for everyone to understand this application is in the beginning of the process. There will be much up -coming discussion on lot placement. What we are looking at right now is Southold Town Planning Board 22 December 15, 2014 an initial proposal that has gone through very little review to date, because we've brought this to the public early in the process, so that we can get your input. Once the Board finds that the subdivision design meets their approval, they then refer it to the Town Board if they're going to invoke this Code section where you're transferring yield. This would only be necessary if the final design requires a transfer of yield and that remains to be seen. The final design may not require a transfer in which case you wouldn't even have to invoke that section. In general though, there was also the question of the process if we do invoke that Code section. That process would be the Planning Board would make a recommendation to the Town Board regarding the issue of transferring lots from one parcel to another. The Town Board would then review it and prepare a resolution for them to vote. The Town Board would decide by a vote on their resolution at a regular public meeting. Although there wouldn't be a public hearing on that resolution at the Town Board level, the public always has the opportunity to comment on the resolutions before the Town Board at their public meetings. That being said, in this case, if it turns out that there is going to be a transfer of yield that the Planning Board wants to recommend to the Town Board. This application also involves something called an Open Development Area, which goes before the Town Board and has a public hearing. The resolution to decide on the use of that Code section, to transfer yield would likely get wrapped into the ODA, or Open Development Area petition. There would be a public hearing where people could comment. I am happy to take your calls at the office or after this later to elaborate on any of that. Chairman Wilcenski: Thank you Heather. The other thing that I want to make clear right from the start, is that the Board has made a decision that until the applicants have finished the Scenic View Study, that we will continue to leave this hearing open for written and both public comments in the future. I just wanted to make that clear so in case anyone feels that they are going to miss out on something, I believe the Tuthill Family is working on the Scenic View Shed Study and we will keep the hearing open until we have that in our hands. At this time, I would like to see if Mr. Tuthill or anybody from the audience would like to address the Board, and please make your comments to the Board. Please state your name and then you can write your name after you finish speaking. We could alternate podiums as people come up. Reginald Tuthill: I am Reg. Tuthill, from Orient, NY and I'd like to bring you up-to-date asto- Chairman Wilcenski: Mr. Tuthill, could you just speak up a little bit? This is being recorded. Thank you. Reg. Tuthill: I would like to bring you up-to-date as to what we have done. We've had the South Dyer property surveyed; the stakes are all on the property. We are also in the midst of the View Shed Analysis; we are working on that. The next program I have is to deal with the Fire Department. Chairman Wilcenski: Excuse me, Mr. Tuthill, you have to speak up for the recorder. Reg. Tuthill: I am going to make an appointment with the Orient Fire Department to review what they're requesting about the various properties. That is about where we Southold Town Planning Board 23 December 15, 2014 are right now and anything that comes up in future meetings we will also address as well. Chairman Wilcenski: Thank you very much. Is there anybody else would like to address the Board? Please make your questions or concerns - raise them and direct them to the Board. Anyone can step to this podium over here to keep things moving, that'd be great. Thank you, please state your name. Venetia Hands: I am Venetia Hands. I am a resident of Orient. I am here as myself, no other official capacity. I just wanted to say thank you to you for keeping the hearing open. I was going to have some other things to say if you are wondering that but I think they can wait. I think I probably speak on behalf of a lot of people here, just to say thank you to you for that. Chairman Wilcenski: Thank you. Can you please sign your name for the record? Anyone else who would like to address the Board, please step to the podium. Please state your name and write your name when you are done speaking. Bill Ryall: I am Bill Ryall. I am speaking only for myself, although I am on the Board of the Orient Association, and a Co -Chair of the committee of the OA that is focusing on land and zoning issues in Orient. I am also on the Board of The Group for the East End, and again, I am not talking for any of these organizations but only for myself as a resident of Orient. So, our committee has met a couple of times since the last meeting here and we've talked and had more thoughts about it. We've focused on various people's ideas about it and we have sort of got our heads into it a little bit. One of the issues that I felt should be brought up that was very important to some of us was that, we noticed in doing the zoning analysis that the 2 (two) acres zoning, or actually any of the zoning, allows for very, very large houses. So, I would address the South Dyer field particularly on this. Just to put it into, just to do the simple arithmetic, we are proposing 5 (five) lots about 1(one) acre each, 40,000 (forty thousand) square feet, maybe a little bit more or a little bit less. That means 8,000 (eight thousand) square foot footprint per house and the zoning doesn't really address the sizes of houses. So, you have to think what is the maximum thing that could happen. None of us in this room would probably do it, but someone might want to do it; it might happen. So, you are talking about houses that could be as big as up to 20,000 (twenty thousand) square feet a piece. This is what the zoning allows. The Tuthills didn't write this zoning, that's for sure. None of us did, but it's here. So, you are talking about maybe 100,000 (one hundred thousand) square feet of houses on 5 (five) lots on that field, on the edge of that field. Well, yesterday I walked down Village Lane and counted the houses. You've got about 65 (sixty-five) houses. None of them, maybe there is one over 2,000 (two thousand) square feet. Most of them are smaller. So, you've got 65 (sixty five) houses at about 110,000 (one hundred ten thousand) square feet on one end of Village Lane to the other. If you throw in the Methodist Church, Poquatuck Hall, the General Store, the Historical Society buildings, maybe you've got 120,000 (one hundred twenty thousand) square feet of buildings on all the entire length of Village Lane. Now we are talking about 5 (five) lots, 5 (five) houses that could be 100,000 (one hundred thousand) square feet of house. We all know this is crazy, but this is what is happening in some places. Why should it even be a possibility for this to happen here? On Shelter Island, I asked them about it because I go to zoning meetings over there quite often for Southold Town Planning Board 24 December 15. 2014 projects that I do there. Because of problems that this open zoning allowed, essentially the same zoning as here, they adopted an 8,000 (eight thousand) square foot maximum for a house. It doesn't matter how big the property is. After they did that, they found out how big an 8,000 (eight thousand) square foot house is and they put it down to 6 (six). So, that is what they are allowing, and that's you know 5 (five) miles over there. It's very close to us here. So, we could say that no one in their right mind would do something like that, but there are lots of people not in their mind who would do it just because they could do it. The other thing is that, we could say another reason it wouldn't happen is because it's just not that expensive over here but I've talked to real estate agents and I know from a friend of mine who has been trying to find a lot to build on, you can't find anything for less than half a million dollars to build any sort of house in Orient. If that's what a lot without a view goes for, we are talking well over a million dollars for these lots. Anyone who spends that is not going to put a house on there that looks anything like what we see in Orient Village today. They are just not going to do that. It's going to be huge. So, and then I don't want to be entirely negative about this, I think there is actually, what Heather was mentioning, this provision in the law if it's chosen to take that approach is this movement of buildable lots could be very productive. I live in Browns Hills, it's actually a wonderful neighborhood up there. There are hardly any lots that, there are many, many lots that are half an acre only. They are more than enough space. There is privacy for everybody. We are up high so most people have views, and I looked very carefully at the North Brown site and only 5 (five) lots are proposed there, but in fact, you know you could easily put twice that many up there and it would have less of an impact than the existing Browns Hills community right next to it. So, I think I would just make that suggestion that maybe it could be looked at that way or suggested by you to the Tuthills. I am not sure anyone has really thought about it that way. So, it is possible that all, or maybe most of the 5 (five) of the houses proposed for the South Dyer, which we all know is the Latham's farm stand field, could be resituated in a place which is not, it wouldn't have virtually no visual impact but much, much less environmental impact. I know that it's the habit of the Health Department to say, under an acre you cannot get the well and septic field on there, on the property, so they do not like less than that. In fact, there is new technology that's coming out, that Glynnis Berry and many other people know too, there can be combined systems that will allow this to be possible. The land in South Dyer is very close to the wetlands and, you know frankly, it doesn't take very long after you flush your toilets before the septic fields are leaking into the ground water, into the Bay, into the wetlands. This is unfortunately what we've been finding out in recent years. Thank you very much. Chairman Wilcenski: Thank you very much for your comments. Yes? Sherry Thomas: Hello, I am Sherry Thomas. I sent you all a letter. I represent 8 (eight) of the houses in Browns Hills, on the Western edge of Browns Hills, that abut the North Brown property. We all would be happy to support more housing on that hill to protect the scenic views coming into Orient. It does seem an appropriate location to look at for possible additional lots. What we do want to be concerned about is how those lots are designed and how the road access comes in. I understand from what you've said at the start of this open hearing, that it's inappropriate to address at this time, but I did want to make the point that the home owners are united in trying to have the best and the least impactful design as we add housing into that upland area there. It was Southold Town Planning Board 25 December 15, 2014 interesting that every home owner with very diverse views and political affiliation all felt the same way. Thank you. Chairman Wilcenski: Anyone else who would like to address the Board? Yes, sir. John Henry: I am John Henry, living at 2440 Village Lane in Orient. I echo Venetia Hands in thanking the Board for keeping the hearings open. This will be so important once the View Shed Analysis is completed. I feel passionately about the South Dyer property because, while its private property, it's also a public treasure. The view stretching from Main Road across this land to Orient Harbor is arguably the loveliest site on the entire 36 (thirty-six) mile long North Fork Trail Scenic Byway. Under existing zoning, homes 10 (ten) times the size of those on Village Lane could rise on the proposed lots and these homes would be about 8 (eight) times the size of either Poquatuck Hall or the Methodist or Congregational Churches. Should this happen, it would disfigure forever a place, that more than any other natural feature, makes Orient, Orient. When so much beauty hangs in the balance, I just think it's great that the Board will allow further public comment. Thank you. Chairman Wilcenski: Thank you very much, Mr. Henry. Anyone else, yes, go ahead. Bob Hanlon: I am Bob Hanlon. I live in Orient and I am also the President of the Orient Association. The Orient Association has a letter that we will submit, requesting what the Board has already granted, that is the extension of the hearing and we thank you and I won't say anything further. We will just hand in the letter at the end of the meeting. Thank you. Chairman Wilcenski: Thank you, Mr. Hanlon. Please sign your name. Anybody else who would like to address the Board on the Tuthill Subdivision? You could step to this side if you would like, or that's fine, either one. They are both open right now. Ellen McNeilly: My name is Ellen McNeilly and I am a resident of Orient and on the Board of the Orient Association and one of the things that I have been spending a great deal of time lately looking at is the Environmental and Natural Resources Chapter of the Comprehensive Plan. In the course of doing that, I've had to look quite a bit at the Local Waterfront Revitalization Plan and of all of the comments within that, and various maps that the Town has itself prepared relative to depth to ground water and drainage and things of that order. One of the things that was noted in an abstract of a plan that the United States Geographical Service has prepared at one point is that we have 4 (four) main flow systems in Southold Town and that the Orient Fresh Water Flow System is the only one that is limited to the Upper Glacial Aquifer. The others go Upper Glacial and into the Magothy Aquifer so that the water that is pulled out is enabled by more than one shallow aquifer area. Then looking at another geological survey study, which was called Simulated Effects of Pumping and Drought on the Ground Water Levels in the Fresh Water, Salt Water Interface on the North Fork, which was prepared sometime earlier than that. Then looking at the maps, the depth to ground water and the flow ratio especially is important on two of the properties, one of which is the South Brown and the other major one is South Dyer. I became increasingly concerned personally at that point just because I have been looking at stuff about the impact of the number of houses on South Dyer and their impact on the area below that which is Southold Town Planning Board 26 December 15. 2014 where major shell fishing has taken place at different times and is trying to be re- established again. The impact that I understand is that there is particularly on the salt water interface and the adjacent wells of Skippers Lane, Oysterponds Lane and the rest of the hamlet area of Orient because it's a very narrow neck of Orient, as I am sure you are all aware. There is a great deal already of pumping that takes place in the agricultural part of that property, so the increase of the 5 (five) house sites of whatever size with however many bathrooms people generally have at this point and wells could be a significant draw and a significant impact on the potential for salt water interference in the Upper Glacial Aquifer that could possibly impact the hamlet itself in general in the housing on adjacent streets in the area. So, I wanted to bring that - I haven't heard that mentioned in any of the other comments that have taken place, and I think that is a very important potential impact so that personally I am in support of transfer of housing from that lot to possibly other ones where it may in fact not be impacted in that way. So, that's essentially what I wanted to say on that subject. Chairman Wilcenski: Thank you very much for your comments. Anyone else would like to address the Board on the Tuthill application? Please step to one of the microphones. Thomas Foster: My name is Thomas Foster. I live at 21165 Main Road in Orient, right across the street from the Latham's Farm Stand, and, therefore, right across the street from the South Dyer property. I had the opportunity to look through the file as it existed immediately after the last public hearing, so I have some questions based on the information in the file. Some of the questions may have already been answered, and I have a letter I would like to submit to the Board at the completion of my remarks. One question I have is, is there a consideration of protection for parts of the property that are not currently being considered to be developed? Right now, the property on South Dyer is planned to be reserved for agriculture. My concern, as someone who lives in the view shed as well as enjoys the view shed, is that agriculture is a very broad term. There is a big difference between a sod farm and a tree farm. Both are agriculture. Is the Planning Board considering what uses for agriculture might be allowed or not allowed if this development is allowed in South Dyer with the preserved land? A related comment is there are 112 (one hundred and twelve) acres in 4 (four) parcels. 93 (ninety three) acres will be preserved from development, 19 (nineteen) acres available for development. Of those 19 (nineteen) acres, how much is currently farm land and how much is currently actually being farmed, and is there a consideration of perhaps looking at some land that is not currently being farmed, such as the parcels that have been mentioned earlier in North Brown, which are woodland and, therefore, would not interfere with the Town's stated goal of reserving as much farm land as possible. Another thing I noticed in the file, the Staff Report, dated October 20, 2014, notes 4 (four) specific elements in the Scenic Value Analysis. The first is the New York State Scenic Byway; the second is the 2001 Scenic Corridor Management Plan. The third is the Scenic Easement for the South Dyer property. Again, I know there are Scenic Easements on all 4 (four) parcels but I am concentrating on the South Dyer at this time. And the fourth is the Hamlet Study as part of the Town's Comprehensive Plan. I wonder if the Staff Report is merely mentioning these because they need to be mentioned, or are they really seriously considering the importance of these 4 (four) elements in the future of the Village of Orient, the Hamlet of Orient. Southold Town Planning Board 27 December 15, 2014 My final question is, what is the current status of the Scenic Easement on the 4 (four) properties? I went to the Assessor's Office immediately after the last public hearing and, at that time, the tax cards indicated that there were easements both for farming on South Dyer and a Scenic Easement on South Dyer but it appears in the file that the Planning Board believes that the Scenic Easement has expired. So, I don't know whether that is current or not and what the tax effect of any changes that you are going to approve might have on the property going forward. Chairman Wilcenski: I can just answer all your questions by saying all of your questions will be looked into and answered through this process. We are at the very beginning of fact finding. Anyone else would like to address the Board this evening? Kevin Perry: My name is Kevin Perry. I am a Orient resident. Just a question: in this process will we be doing a SEQRA? Are we looking at the environmental impact specifically to these sites? Chairman Wilcenski: Yes, again, we're at the beginning stages of this public process and we actually would usually have the public hearing a little bit further along in the process but we knew that this was a large project for Orient, and the Tuthills have worked very long and hard and are, quite frankly, very sensitive to everybody else's concerns as well as ours and the Town's people, but yes, that will be part of the process. Kevin Perry: When does that occur? Chairman Wilcenski: Mark? Mark Terry: Well, it's beginning now with the Scenic View Shed Analysis. That's going to be part of the SEQRA analysis as well as impacts to ground water and traffic. It just goes on and on. There's a very detailed list to measure this application to. Kevin Perry: When do we expect to be concluded? Mark Terry: A physical document is what you are asking for? Kevin Perry: Yes. Mark Terry: It's hard to say at this point. It depends on how vigilant the Applicant is in returning some items to us, to better assess the application. Kevin Perry: Will the hearings be held open until it's available for review? Mark Terry: Normally, no, but what we've tried to do in this case is have a Scenic View Shed Analysis run now concurrently with the hearing, which is open, so we can have some better decision making as we move forward, but it's not contingent on the hearing being held open. Chairman Wilcenski: I can reiterate what Mark said too. We normally - these public hearings would probably start in a later process but because of the size of this project Southold Town Planning Board 28 December 15. 2014 and we know the public interest of this project, we are having the public hearings early because we were expecting a large turnout and we want, obviously, to hear everyone's input. Kevin Perry: Would the public hearings normally be done after the SEQRA were available? Chairman Wilcenski: It would be during, it would be mostly during. Kevin Perry: So, in this case, the public hearing being early keeps us from having an opportunity to review and comment on the SEQRA? Chairman Wilcenski: That's not necessarily true. Again, part of SEQRA is the Scenic View Shed. The other entities of SEQRA that you're concerned are? Kevin Perry: The ground water, in particular, and traffic. Chairman Wilcenski: That's all part of a long drawn out process which will be continuing. Kevin Perry: Ok, thank you. Chairman Wilcenski: Alright, thank you. Anyone else? Yes, sir. Armand DeLuca: I'm Armand DeLuca. I am a resident of Orient but I'm also a member of the Orient Association Board. I just have one comment, and that is that are, I believe, 92 (ninety two) acres that have been in the proposal set aside for preservation but, of those 92 (ninety two) acres, a fairly large proportion is wetland and not really developable in any case. So, I am wondering whether that, in consideration of this entire project, should not be taken into consideration. I also want to thank you for the advance that you have done for us on this project, we appreciate it. Chairman Wilcenski: Thank you very much for your comments. Anyone else? Would anybody else like to address the Board? Seeing and hearing none - William Cremers: I make a motion to keep the hearing open. Chairman Wilcenski: We have a motion on the floor to keep the hearing open. James Rich III: Second. Chairman Wilcenski: Motion made and seconded by Jim. All in favor? Ayes Motion carries. Chairman Wilcenski: Thank you very much for coming out everyone. Have a good evening. Southold Town Planning Board 29 APPROVAL OF PLANNING BOARD MINUTES Board to approve the minutes of: November 3, 2014 November 17, 2014 December 15, 2014 James Rich: I make a motion for the approval of the minutes of November 3, 2014 and November 17, 2014. William Cremers: Seconded. Chairman Wilcenski: We have a motion to approve the minutes from the 17th and the 3' by Jim and a second by Bill. Any discussion? All in favor? Ayes. Motion carries. Chairman Wilcenski: Motion for adjournment. Martin Sidor: Moved. William Cremers: Seconded. Chairman Wilcenski: Motion made by Martin, seconded by Bill. All in favor? Ayes. Motion carries, good evening. There being no further business to come before the meeting, it was adjourned. `ZwAdu� Donald J. Wilcenski, Chairman Respectfully submitted, o ' Jessica Michaelis Transcribing Secretary RECEIVED FEB {11 2015 e 3:0SP) Q 9Sorold Town ierk