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HomeMy WebLinkAboutPB-10/05/2015 MAILING ADDRESS: PLANNING BOARD MEMBERS �*0 S®Ur�® South 1Box 1179 1 971 DONALD J.WILCENSHI ,`® l® Chair OFFICE LOCATION: WILLIAM J.CREMERS rs, Town Hall Annex PIERCE RAFFERTY ® a0 54375 State Route 25 JAMES H.RICH III ®l� (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR C®U `� Southold, NY Telephone: 631765-1938 www.southoldtow-xmy.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD PUBLIC MEETING MINUTES October 5, 2015 6:00 p.m. Present were: James H. Rich III, Vice Chairman William J. Cremers, Member Pierce Rafferty, Member Martin Sidor, Member Heather Lanza, Planning Director Brian Cummings, Planner Alyxandra Sabatino, Planner Jessica Michaelis, Clerk Typist SETTING OF THE NEXT PLANNING BOARD MEETING Vice-Chairman Rich: Welcome to the regularly scheduled October 5, 2015 Planning Board meeting. The first order of business is for the Board to set Monday, November 2, 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. William Cremers: So moved. Martin Sidor: Second. Southold Town Planning Board Page 12 October 5, 2015 Vice Chairman Rich: Motion made by Bill, seconded by Martin. Any discussion? Any opposed? All in favor? Ayes. Motion passed. SUBDIVISIONS Conditional Sketch Plat Determinations: Vice Chairman Rich: The Estates at Royalton - This proposal is for a Standard Subdivision of a 36.9 acre parcel into 12 lots where Lot 1 equals 0.72 acres, Lot 2 equals 0.72 acres, Lot 3 equals 0.74 acres, Lot 4 equals 0.72 acres,,Lot 5 equals 0.73 acres, Lot 6 equals 0.75 acres, Lot 7 equals 0.73 acres, Lot 8 equals 0.74 acres, Lot 9 equals 0.71 acres, Lot 10 equals 0.74 acres, Lot 11 equals 0.73 acres and Lot 12 equals 12.02 acres located in the A-C Zoning District. This subdivision includes 15.20 acres of subdivision open space and 1.71 acres for a proposed road. The property is located on Cox Neck Road, approximately 490 feet north of Sound Avenue, Mattituck. SCTM#1000-113-7-19.23 Pierce Rafferty: Mr. Vice-Chairman I'd like to offer the following resolution: WHEREAS, this proposal is for a Standard Subdivision of a 36.9 acre parcel into 12 lots where Lot 1 equals 0.72 acres, Lot 2 equals 0.72 acres, Lot 3 equals 0.74 acres, Lot 4 equals 0.72 acres, Lot 5 equals 0.73 acres, Lot 6 equals 0.75 acres, Lot 7 equals 0.73 acres, Lot 8 equals 0.74 acres, Lot 9 equals 0.71 acres, Lot 10 equals 0.74 acres, Lot 11 equals 0.73 acres and Lot 12 equals 12.02 acres located in the A-C Zoning District. This subdivision includes 15.20 acres of subdivision open space and 1.71 acres for a proposed road; and WHEREAS, on June 9, 2015, the agent submitted the Sketch Plan Application; and WHEREAS, on July 6, 2015, Planning Staff reviewed the application and found it incomplete until proof that the parcel meets lot recognition; and WHEREAS, Town Code Article XI, Cluster Development, grants authority to the Planning Board to create clustered subdivisions; and WHEREAS, the lots in this subdivision were clustered according to the requirements of Article XI, and this resulted in the creation of seventeen (12) residential lots and an area of open space for which the natural and scenic qualities must be preserved; and WHEREAS, pursuant to §240-43, Determination of Location of Open Spaces Created by Cluster Development, does not allow for intense uses in the open space; and Southold Town Planning Board Page 13 October 5, 2015 WHEREAS, on July 6, 2015, the Board also agreed to consider the Sketch Plan as submitted with Lot 12 treated separately from the rest of the property with respect to the 60% requirement. The Board agreed to consider this due to the existing conditions of the site such as the location of the existing large house between the remaining land on the property and that the open space would have to be into many pieces in a,patchwork to accommodate,all the buildings such as the equestrian arena horse barn and additional associated buildings; and WHEREAS, on July 17, 2015, the Planning Department sent a letter to the agent requesting that revisions be made to the Yield Plan; and WHEREAS, on July 30, 2015, the agent submitted 5 sets of revised Yield Plans; and WHEREAS, on August 31, 2015, Charles Cuddy, Esq., on behalf of the applicant, submitted a revised Full Environmental Assessment Form; and WHEREAS, on August 31, 2015, the agent-submitted 5 revised Yield Plans as per the Planning Department's-request at the Planning Board's Work Session; and WHEREAS, on August 31, 2015, the Planning Board, at their Work Session, reviewed the above-referenced application and accepted the Yield Plan, dated June 8, 2015 and last revised August 28, 2015, the Existing Resource Site Analysis Plan, dated June 8, ' 2015, and the revised Environmental Assessment Form submitted on August 31, 2015. The Board found the application complete and that it meets all the requirements of Sketch Plan pursuant to Article V Sketch Plan Review of the Southold Town Code; be it therefore RESOLVED, that the Southold Town Planning Board hereby grants Conditional Sketch Plan Approval upon the map prepared by Howard W. Young, Land Surveyor, entitled "Estates at Royalton, Reduced Density Cluster Sketch Plan", dated June 8, 2015, with the following conditions: 1. The Sketch Plan Approval is a,conceptual lot design that has received a minimum amount of review and has not yet been through the public hearing process. As such, the lot design and any other aspect of the Sketch Plan may be required to change during the Preliminary Plat Stage after the benefit of a public hearing ,and-a more in-depth review by involved agencies and the Planning Board. 2. Submission of all Preliminary Plat Requirements pursuant to §240-16 Submission and §240-17 Technical Requirement of the Southold Town Code. 3. Submission of a Request Natural Heritage Data Form to the Department of Environmental Conservation (DEC). All comments from the DEC must be submitted to the Planning Board for review and approval. Southold Town Planning Board Page 14 October 5, 2015 4. Submission of a Project Review Cover Form from the Office of Parks Recreation and Historic Preservation (OPRHP). All comments from the OPRHP must be submitted to the Planning Board for review and approval. 5. A Covenant and Restriction will be required for proposed Lot 12 restricting further subdivision. 6. Before a Final Determination can be made, Heath Department Approval is required. William Cremers: Second. Vice Chairman Rich: Motion made by Pierce, seconded by Bill. Any discussion? Any opposed?All in favor? Ayes. Motion passed. SITE PLANS Approval Extensions: Vice-Chairman Rich: Peconic Land Trust, Inc. Greenhouses - This proposed Site Plan is for two 16' x 24' (384 sq. ft.)'greenhouses for agricultural use on a 21 acre (Town Development Rights) parcel in the R-80 Zoning District. The property is located at 3005 Youngs Avenue,±1/4 mile South of Middle Road, Southold. SCTM#1000-63-1- 25.3 Martin Sidor: WHEREAS, this Site Plan is for two 16' x 24' (384 sq. ft.) greenhouses for agricultural use on a 21 acre (Town Development Rights) parcel in the R-80 Zoning District, Youngs Avenue, Southold; and WHEREAS, on October 23, 2012, the Southold Town Planning Board granted approval on the Site Plan entitled "Agricultural Center", prepared by Dawn Liubenov on May 14, 2012 and last revised August 20, 2012; and WHEREAS, on April 22, 2014, the Site Plan Approval expired; and WHEREAS, on May 19, 2014, the agent, Kimberly Quarty, submitted a letter requesting - an Extension of Site Plan Approval for six (6).months due to conflicting planning schedules and a pending purchase of.additional farmland; and Southold Town Planning Board Page 15 October 5, 2015 WHEREAS, the Southold Town Planning Board granted an Extension of Site Plan Approval for one (1) year from April 22, 2014 to April 22, 2015 on the Site Plan entitled "Agricultural Center", prepared by Dawn Liubenov on May 14, 2012 and last revised August 20, 2012; and WHEREAS, on April 22, 2015, the Site Plan Approval expired; and WHEREAS, on September 27, 2015, the agent, Kimberly Quarty, submitted a letter requesting an Extension of Site Plan Approval for at least one (1) year due to conflicting planning schedules and a pending purchase of additional farmland; and WHEREAS, at a Work Session held on October 5, 2015, the Planning Board reviewed the application and determined that the expired Site P Ian is in compliance with current rules and regulations; be it therefore RESOLVED, that the Southold Town Planning Board grants an Extension of Site Plan Approval for eighteen (18) months from April 22, 2015 to October 22, 2016 on the Site Plan entitled "Agricultural Center", prepared by Dawn Liubenov on May 14, 2012 and last revised August 20, 2012. William Cremers: Second. Vice Chairman Rich: Motion made by Martin, seconded by Bill. Any discussion? Any opposed? All in favor? Ayes. Motion passed. Set Hearings/ SEAR Type Classification: Vice-Chairman Rich: Peconic Land Trust/The Farm Beyond, LLC Greenhouse - This Agricultural Site Plan Application is for the proposed construction of a 48' x 35' (1,680 sq. ft.) greenhouse on 0.8 acres with Southold Town Development Rights (DRT) for vegetable production and not open to the public in the Limited Business Zoning District. The property is located at 45025 CR 48, ±240' s/w/o CR 48 and Youngs Avenue, Southold. SCTM#1000-55-1-11.3 William Cremers: WHEREAS, this Agricultural Site Plan is for the proposed construction of a 48' x 35' (1,680 sq. ft.) greenhouse on 0.8 acres with Southold Town Development Rights (DRT) for vegetable production and not open to the public in the Limited Business Zoning District, Southold; and Southold Town Planning Board Page 16 October 5, 2015 WHEREAS, the Southold Town Planning Board, pursuant to State Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617.5 (c), 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. The action is for the construction of a 48' x 35' (1,680 sq. ft.) greenhouse on an existing farm operation with Southold Town Development Rights; be it therefore RESOLVED, that the Southold Town Planning Board has determined that this proposed action is a Type II Action and not subject to review under SEQRA; Martin Sidor: Second. Vice Chairman Rich: Motion made by Bill, seconded by Martin. Any discussion? Any opposed? All in-favor? Ayes. Motion passed. William Cremers: And be it further RESOLVED, that the Southold Town Planning Board sets Monday, November 2, 2015 at 4:31 p.m. for a Public Hearing regarding the Site Plan entitled "The Farm Beyond, LLC", prepared by Melissa Henrey, dated September 21, 2015. Martin Sidor: Second. Vice Chairman Rich: Motion made by Bill, seconded by Martin. Any discussion? Any opposed? All in favor? Ayes. Motion passed. SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Type Classifications: Vice-Chairman Rich: Commercial Solar Energy Production System at Southold Town Landfill - This proposed Site Plan is to construct a ground-mounted commercial solar energy production system consisting of 3,456 modules at ±74" tall covering 1.65 acres on the existing landfill cap with a ±17' x 8' inverter and transformer along with associated ground equipment. Existing on site are ±25,000 sq. ft. of existing buildings including the Town transfer station and associated accessory structures, all on 61.2 Southold Town Planning Board Page 17 October 5, 2015 acres in the Light Industrial Zoning District. The property is located at 6155 Cox Lane, +450' n/w/o Cox Lane & CR 48, Cutchogue. SCTM#1000-96-1-17.5 Pierce Rafferty: Mr. Vice-Chairman I'd like to offer the following resolution: WHEREAS, this Site Plan is to construct a ground-mounted commercial solar energy production system consisting of 3,456 modules with an inverter and transformer along with associated ground equipment. Existing on site are ±25,000 sq. ft. of existing buildings including the Town transfer station and associated accessory structures, all on 61.2 acres in the Light Industrial Zoning District; and WHEREAS, the Southold Town Planning Board, pursuant to State Environmental Quality Review Act (SEQRA) 6 NYCRR, Part 617, has determined that the proposed action is an Unlisted Action as it does not meet any of the thresholds of a Type I Action, nor does it meet any of the criteria on the Type II list of actions; be it therefore RESOLVED, that the Southold Town Planning Board has determined that this proposed action is an Unlisted Action under SEQRA as described above. William Cremers: Second. Vice Chairman Rich: Motion made by Pierce, seconded by Bill. Any discussion? Any opposed? All in favor? Ayes. Motion passed. Robert Krudop: 'Excuse me; don't we get to say anything about this? How does this work here, forgive me but you just passed a motion and asked for discussion and I raised my hand. Is the discussion just amongst you? Vice-Chairman Rich: You can talk as the public, these motions were,made for the, Planning Board to vote on. William Cremers: There is a Public Hearing coming up for you. Heather Lanza: The public can speak during the Public Hearing portion and those public hearings.will be announced, your paper is on which item? Robert Krudop: This one right here. Heather Lanza: Which one? Vice-Chairman Rich: Solar. Southold Town Planning Board Page 18 October 5, 2015 William Cremers: In a few minutes it will be back on. Heather Lanza: We're just doing our SEQRA classification but you'll be able to speak on it once we open the hearing. Vice-Chairman Rich: That is the last Public Hearing, I didn't realize which one you wanted to speak on that's the last one,coming up, yes. It will be also left open. rfftf *f*fefewa**rf,ff*fefi.*f e PUBLIC HEARINGS Vice-Chairman Rich: 6:01 p.m. - Beninati Standard Subdivision - This proposal is for a Standard Subdivision of a 2.01 acre parcel where in 1999 the Zoning Board of Appeals granted an Area Variance to allow for this parcel to be subdivided into two lots where Lot 1 equals 0.71 acres and Lot 2 equals 1.30 acres, located in the RO Zoning District. The property is located at 3070 Peconic Lane, on the east side of Peconic Lane and on the south side of CR 48, in Peconic._SCTM#1000-74-3-15 If anyone wishes to address the Planning Board on Beninati Standard Subdivision please step to the podium, state your name and write your name for the record. Patricia Moore: Patricia Moore, on behalf of the Beninati's who are here today as well. This is towards the final step of a subdivision where, as you pointed out in 1999 the house that's zoned RO is a 2 story house with a pool and a garage, was permitted to be subdivided by way of area variances from the smaller lot that actually faces Middle Road, County Route 48. The logical split of these two lots was believed to be appropriate and conforming to the character of the neighborhood. And we are proceeding with the Planning Board on completion of the subdivision with the dimensions that the Zoning Board had approved. We're here to answer any questions anyone may have, aside from that this is a pretty straight forward application. The main house on Peconic Lane is zoned RO and the lot is oversized for the RO requirements, however the lot on the North Road was somewhat undersized based on the zoning of that parcel. I'll step aside in case anyone wants to speak. Thank you. Vice-Chairman Rich: Anyone wish to address the Planning Board on Beninati Standard Subdivision please step forward, and again you will be speaking to the Planning Board and we'd love to have any comments. Anyone? If no one wishes to address the Planning Board on this issue we are going to leave the hearing open because there was apparently a failure to notify one or more of the neighbors, so this hearing will be left open for one more month until the November 2, 2015 meeting. We need a motion to hold the hearing open. William Cremers: I make a motion to leave the hearing open. Martin Sidor: Second. Southold Town Planning Board Page 19 October 5, 2015 Vice Chairman Rich: Motion made by Bill, seconded by Martin. Any discussion? Any opposed? All in favor? Ayes. Motion passed. Vice-Chairman Rich: 6:02 p.m. - Noone Standard Subdivision - This proposal is for a 2-lot Standard Subdivision of a 21,000 sq. ft. parcel where Lot 1 = 10,501 sq. ft. and Lot 2 = 10,500 sq. ft. in the R-40 & B Zoning Districts. The property is located at 210 Sigsbee Road, on the west side of Sigsbee Road, 164' south of Main Road, Mattituck. SCTM#1000-143-1-4.1 Anyone wishing to address the Planning Board on this application please step forward, state your name and write your name for the record. Patricia Moore: Patricia Moore, on behalf of Margaret Noone, this again is a subdivision that was approved by the Zoning Board in 2008. It is a parcel that appears on the early Mattituck Subdivision and Mrs. Noone has a house on the far westerly parcel. Rather than come in and ask to subdivide or re-subdivide three lots my client took the entire parcel and split it into two and both parcels being equal in size. The house parcel is actually split zoned with B Zoning but the property is her residence and the adjacent piece which is all Residentially Zoned is a vacant parcel. My client went through the Health Department and got all the Health Department approvals so now we are at the final stage for Preliminary Plat. And we again are here to answer any questions but hopefully we can proceed with this subdivision. Thank you. Vice-Chairman Rich: Anyone wish to address the Planning Board on this application Noone? Anybody here have questions? William Cremers: I make a motion to close the hearing. Martin Sidor: Second. Vice Chairman Rich: Motion made by Bill, seconded by Martin. Any discussion? Any opposed? All in favor? Ayes. Motion passed. Vice-Chairman Rich: 6:03 p.m. - Martz Standard Subdivision - This proposal is for a Standard Subdivision of a 1.62 acre parcel into two lots where proposed Lot 1 equals 0.71 acres and proposed Lot 2 equals 0.92 acres, located in the R-40 Zoning District. The Zoning Board of Appeals granted an Area Variance to allow for Lot 1 to be less Southold Town Planning Board Page 110 October 5, 2015 than 40,000 sq. ft. The property is located at 555 Broadwaters Road, approximately 80 feet west of Wunneweta Road, Cutchogue. SCTM#1000-104-12-6.1 Again anyone wishing to address the Planning Board on Martz Standard Subdivision, please step forward state your name, write your name and speak to the Planning Board. Thank you. Theodore Martz Jr.: Good evening, Theodore Martz Jr. applicant for basically a Standard Subdivision at 555 Broadwaters Road in Nassau Point in Cutchogue. My presentation will really be very brief; this is a proposed two lot subdivision which had previously gone through the Zoning Board of Appeals. The lot layout and such is along those lines, the property is already improved with two structures. There were a couple of small items that needed to be done subsequent to the Sketch Plan and those have been addressed. I'll be happy to answer any questions if there are any. Vice-Chairman Rich: Does anyone have any questions? None. Thank you. Anyone else wish to address the Planning Board on Martz Standard Subdivision? Please state your name and write your name. Lynda Rehm: Good evening my name is Lynda Rehm, and I am the adjoining property owner at 665 Broadwaters Road. We did voice objection to the Zoning Board for the subdivision, however they went and approved it. I just am concerned because the grade between our lot and Mr. Martz's lot has a degree of slope to it. I submitted a letter and some pictures this morning, which I hope you have. My concern is that there's this natural barrier that the Zoning Board approved, a twenty foot natural barrier around the lot 170 feet from the south line north. My request is that they extend that to the northern property line so that will stay natural in perpetuity. Our concern as a neighbor is just that if there's any construction in that area it's going to perhaps affect our drainage coming down off that slope and so if we could protect that, that's really our purpose here. Thank you. Vice-Chairman Rich: Thank you Mrs. Rehm. Anyone else wishing to address the Planning Board? Anyone else? William Cremers: I make a motion to close the hearing. Martin Sidor: Second. Vice Chairman Rich: Motion made by Bill, seconded by Martin. Any discussion? Any opposed? All in favor? Ayes. Motion passed. ' Southold Town Planning Board Page 111 October 5, 2015 Vice-Chairman Rich: 6:04 p.m. - Commercial Solar Energy Production System at Southold Town Landfill - This proposed Site Plan is to construct a ground-mounted commercial solar energy production system consisting of 3,456 modules at ±7'4" tall covering 1.65 acres on the existing landfill cap with a ±17' x 8' inverter and transformer, along with associated ground equipment. Existing on site are ±25,000 sq. ft. of existing buildings including the Town transfer station and associated accessory structures, all on 61.2 acres in the Light Industrial Zoning District. The property is located at 6155 Cox Lane, ±450' n/w/o Cox Lane & CR 48, Cutchogue. SCTM#1000-96-1-17.5 For informational purposes this hearing will be held open because again there were some problems of notifications of some neighbors. Just to reiterate what we have previously done in this meeting, was to approve a resolution for SEQRA, it didn't have anything to do with the hearing itself. Anyone wishing to address the Planning Board on this application, please step forward, state your name and write your name for the record. We usually let the petitioner go first, and you will be directing your comments to the Planning Board. Thank you sir. Jason Funk: Yes hi my name is Jason Funk, I'm with Sun Edison the applicant for the project. I think as you rightfully pointed out this project is being constructed,,or planned to be constructed on the Town Landfill. This project is a RFP from the Town to be able to construct the project there. It will include a twenty year lease with the Town, where we will be paying lease payments to the Town for the life of the project. The project itself has a power purchase agreement with PSEG Long Island Power Authority to purchase the power for twenty years under their fee and tariff. Also, obviously as the Board is aware we've been working with the Town now for several months in trying to get our plans together. We are also working with New York State DEC as well at present as you are probably well aware, in order for us to construct anything on the landfill itself the DEC must, we must get a letter of authorization from the DEC that shows that we have in fact looked at the engineering designs and that the rays and the structures themselves are compatible with the landfill. We have submitted recently our plans after they had reviewed once and had some comments so we have addressed their comments and sent it back into the DEC for their review. I believe we also submitted some visual assessments to the Town as well based on the fact that Route 48 is a scenic byway. Other than that we are here to answer any questions as well as my engineering team from GPI. Vice-Chairman Rich: Thank you, anyone else wishing to address the Board please state and write your name. Robert Krudop: Good evening, my name is Robert Krudop. I apologize for jumping to conclusions about your SEQRA passing I thought that was the meeting because it was scheduled for 6:04 and-it was exactly 6:04 when you passed the SEQRA. Vice-Chairman Rich: We can come a little later but we can't do it any earlier by law. -Robert Krudop: I appreciate that. Anyway how much is the twenty year lease worth? Southold Town Planning Board Page 112 October 5, 2015 Vice-Chairman Rich: That is really the province of the Town Board. We are just approving this, or trying to approve this from a planning standpoint, not a financial standpoint. That is actually one of the questions I was going to ask myself but I don't know the answer to that and I think that is up to the Town Board to determine. It is Town land and they set the rent. If you want to answer that, I'm sure it is public information. Robert Krudop: The next question I have is, being it's a ground mount, they say its only 7 foot 4 inches high, it's kind of a little deceiving because it's actually, the cap landfill was contoured, it's probably one of the highest spots on the North Fork. In all honesty when you're driving up there where it's slated right behind the residences that live there in the front between this cap landfill and Route 48 there's approximately about 5 acres that was rezoned from the heaviest use, Light Industrial, back to the lowest use, Residential. You have residents that live in here and now you capped it with vegetation and grasses and you put up arborvitae to shield it, but the Town isn't maintaining the arborvitae. If there's something that could maybe put in the planning that it's done on a maintenance schedule by the lessee that they maintain the hedge. In other words, meaning the arborvitae are growing up like weeds and the tops need to be trimmed so the bottoms fill out, its just known that you have to maintain a hedge they're like privet. And many some holly-tone to green them up and make them a little more dense, there are brown ones they're dying, you've got tress growing in there. It's becoming a view right to this area .that you want to put the solar panels for the residents. The only other thing, I know you don't have any pull over it but maybe this contractor or the Town can work a deal out because they're leasing the property and it's going to be an eyesore for the residences. The old landfill entrance was paved by the Town, was maintained and plowed by the Town but now ever since they did a taking on some property over for Corazzini the create that new entrance they negated ownership. They totally neglect it, every snow storm they totally neglect to maintain the asphalt, the road drains to that entrance were not being maintained by anybody but me for thirteen years now. A tremendous amount of water accumulates at those drains if they are not cleared. I have to go there every snow storm and clear them myself with my own equipment and my own shovel. Tiny Martin, another neighbor who may have not been notified because she's not here and I know she'd want to voice her opinion, she called up Tom Wickham, he was one that was on the Town Board at the time that changed the zoning, and she called him up. She actually took care of his mother before she passed, she did the care there. She called him up and said do you think you could send a sander down to that entrance, and just sand the entrance because those road drains might have a little bit of ice buildup and the water just comes off of 48 and it just clogs that whole area and he said no. He called Pete Harris, and I'm glad Pete is out of the office to be honest with you, I think we'll have a lot better dealings there. Anyway getting back to the point, maybe in this lease you guys being that you're the Planning Department you aren't the Town Board you could maybe make recommendations that they can maintain at least the arborvitae to a nice stance, to put that in the lease with the money that they are going to pay the Town. I don't think it'll cost that much and therefore it doesn't cost our Town and maybe it'll be maintained with landscapers and we don't have to go and Southold Town Planning Board Page 113 October 5, 2015 impede upon our-town workers. It's just another cost that you wouldn't have to endure here in the Town. I appreciate you being able to take the time out and listen to me. Vice-Chairman Rich: Thank you. Thank you for your comments, they will be considered. Jason Funk: Jason Funk again with Sun Edison, yes great comments and I just want to come up and clarify a few things. First on the lease, unfortunately I don't have that number right now with me, I know the Town has it and I certainly can easily get that number quickly. Again I know it's a fairly substantial number, but again I understand the public wanting to know that and its certainly public information and I can get that information. About maintaining the arborvitaes, certainly next to the inverter pad itself we, being Sun Edison, will be maintaining the solar array for the life of the project. So that's not, I can't imagine that's going to be an issue of ours. Understanding that we need to maintain our inverter to being with so that could easily be something that we could incorporate that, obviously if one or two or the entire stand of arborvitaes had a disease or something that we would not have a problem with maintaining that, that could be part of our maintenance package. Also we are on the lower of the two landfill caps and actually Mr. Krudop afterwards, I'd love to show you this. We have some visual simulations that I believe we sent to Brian and the team. Vice-Chairman Rich: Sir you have to speak to the Board, to avoid conflict or confrontation. Jason Funk: I apologize, understood. I would love to sit down with any of the public to look over this. Vice-Chairman Rich: Any of the Planning Board have any questions? I have one question, something I read in the paper about growing a tax base. You are going to pay a rent for this land, is it taxable as a real estate equipment, is that taxable? Jason Funk: Solar Energy facilities such as this have a 15 year tax exemption in New York state. Vice-Chairman Rich: Okay 15 years, is that diminishing over each year or is it a net? Jason Funk: I believe it's a net, but don't quote me on that. Vice-Chairman Rich: So after 15 years, the last 5 of usable you may pay property tax on it as well as the rent. Jason Funk: Correct. Vice-Chairman Rich: For my information, thank you. Anyone else wish to address the Planning Board? Yes? Southold Town Planning Board Page 114 October 5, 2015 Robert Krudop: Just recently I was down Edwards Avenue and they have a solar array down there and I strongly suggest you take a ride down there. They pounded the poles into the ground and they just haphazardly set these panels, even though they put up a berm and they have arborvitae, that are actually dying because they didn't get enough water. They haphazardly go up and down, it doesn't please the eye to have a nicely laid out array, where they'd actually take maybe like a'razor level and install the panels so that when you're looking at something it looks property not just haphazardly set up. I can't imagine that they'd pierce the cap, so it's probably on concrete so they'll have everything level more than likely. When you take a look at the array and make sure that its level, I'd appreciate it. Vice-Chairman Rich: I think that's correct, the way I read these they are not going to be jetted down, they are going to be on podge for that reason. Anyone else wish to address the Board? Again we cannot close this hearing but we can ask for an adjournment, actually hold it open. William Cremers: I make a motion to leave it open until November 2, 2015. Martin Sidor: Second. Vice Chairman Rich: Motion made by Bill, seconded by Martin. Any discussion? Any opposed? All in favor? Ayes. Motion passed. APPROVAL OF PLANNING BOARD MINUTES Vice-Chairman Rich: The next order of business is for the Board to approve the minutes of: August 31, 2015. William Cremers: So moved. Martin Sidor: Second. Vice Chairman Rich: Motion made by Bill, seconded by Martin. Any discussion? Any opposed? All in favor? Ayes. Motion passed. Vice-Chairman Rich: Motion to adjourn? Martin Sidor: So moved. Southold Town Planning Board Page 115 October 5, 2015 William Cremers: Second. Vice Chairman Rich: Motion made by Martin, seconded by Bill. Any discussion? Any opposed? All in favor? Ayes. Motion passed. There being no further business to come before the Board, the meeting was adjourned. Respectfully submitted, r Jessica Michaelis Transcribing Secretary Donald J. Wilc nski,Chairman