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HomeMy WebLinkAboutPB-10/14/2003 pI•ABENNETTNING BORLOD MESKI,MBERS O�QSVFFO(�COG P.O. Box 1179 Chairman o� y� Town Hall, 53095 State Route 25 y Southold, New York 11971-0959 RICHARD CAGGIANO • Telephone (631) 765-1938 WILLIAM J.CREMERS O KENNETH L.EDWARDS Fax(631) 765-3136 y� �� MARTIN H.SIDOR �.( `�►a PLANNING BOARD OFFICE TOWN OF SOUTHOLD MINUTES October 14, 2003 6:00 p.m. Present were: Bennett Orlowski, Jr., Chairman Richard Caggiano, Member William J. Cremers, Member Kenneth L. Edwards, Member Mark Terry, Senior Environmental Planner Bruno Semon, Senior Site Plan Reviewer Carol Kalin, Secretary SETTING OF THE NEXT PLANNING BOARD MEETING Chairman Orlowski: Good evening. I'd like to call this meeting to order. The first order of business is for the Board to set Monday, November 10, 2003 at 6:00 p.m. at the Southold Town Hall, Main Road, Southold, as the time and place for the next regular Planning Board Meeting. Mr. Caggiano: So moved. Mr. Cremers: Second. Chairman Orlowski: Motion made and seconded. All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards. Chairman Orlowski: Opposed? The motion carries. ********** PUBLIC HEARINGS Chairman Orlowski: 6:00 p.m.: Adamowicz/Fraser- This proposed minor subdivision will subdivide a 2 acre improved lot from a 71.4 acre parcel. Suffolk County will purchase fee title on 59 acres and the Town of Southold will purchase the fee title on /170 Southold Town Planning Board Page Two October 14, 2003 10 acres. The property is located s/o the fork of C.R. 48 and Sound Avenue in Mattituck. SCTM#1000-121-5-4.1 Are there any questions on this proposed minor subdivision? Unidentified Speaker: The ten acres —that's going to be always open space? Chairman Orlowski: Do you want to give your name? Paul Grippa, Mattituck: I live right across the street. That's always going to be open space that ten acres? Chairman Orlowski: The Town is buying fee title. I can't really answer that question unless somebody knows anything. I'm assuming it will be preserved. Mark Terry: Fee title, basically, means that it will be open space and for passive recreational opportunities maybe in the future. Mr. Grippa: O.K. By passive recreational —what does that - Mr. Terry: Trails. Mr. Grippa: Trails. How about h rseback riding —things like that? Mr. Terry: Really, the details are to be worked out but, to answer your question, it will.be open space. Mr. Grippa: It won't be built, like housing or anything like that? Mr. Terry: No. Mr. Grippa: O.K. What other plans do you have for the site? Do you have park plans or isn't this anything to do with you guys —you're just buying the land? Mr. Terry: Right. The old home is going to be set off and the applicant's agent has stated that it may be torn down and another structure may be built. We don't regulate that. That's what is stated so far. Mr. Grippa: O.K. Thank you. Chairman Orlowski: Any other comments or questions? Christopher Calderone: I'm Chris Calderone. I'm the representative for the property owner and I just want to thank the Town for getting this done and I just need to know what we need to do from here. And that was really the extent of it. Southold Town Planning Board Page Three October 14, 2003 Mr. Terry: Well, Chris, I have a few questions. Where are you with the Health Department at this point? Mr. Calderone: Well, I've submitted the maps that they wanted as well as the velums that they wanted. I did submit a letter of water availability for the one house that eventually will be built in that lot and they want me to revise the application form. I've been trying to get someone on the phone there to tell me what needs to be revised on the form itself but I'm sure we can get clarification of that. The revised maps have been brought in and they are also asking for the SEQRA Determination from the Town which, I believe, has also been submitted to them. And that's the extent of it. There's four items. Chairman Orlowski: O.K. What we'll probably do is hold the hearing open until you can square that up and get the Health Department approval. Mr. Calderone: O.K. Chairman Orlowski: Since it's preserving 98% of the land, we could do it at a Special Meeting at a Work Session to make a decision on it after we get that. Mr. Calderone: I was down to see them today. They're a little bottle-necked but I don't think it will be long before they're able to hand that back to me an&. then I can call in and we'll schedule it for a Work Session. That would be perfect. / Chairman Orlowski: O.K. Mr. Calderone: Thank you very much. Chairman Orlowski: Any other comments or questions? Paul Grippa: One more. I'd like to thank you for notifying us. I don't know if that's the law but that was really nice. Chairman Orlowski: That's the law. Unidentified Speaker: I have one other question. Is there going to be a meeting — Chairman Orlowski: Do you want to stand up and give your name? Susan Carpenter: I live across the street also. Is there going to be another time when there will be a discussion of how the Town will take care of its part of the property and will we be notified of that? Chairman Orlowski: I'm sure. That's a Town Board decision but I don't think anything will be done without a public hearing. / 7a2 Southold Town Planning Board Page Four October 14, 2003 Susan Carpenter: We already kind of have the park across the way, Strawberry Fields, and we feel like we're kind of being squeezed in there so we're really concerned about what the Town is going to do with their ten acres. We know the County is not going to do anything with theirs. They'll leave it like it is. Chairman Orlowski: I'm sure they would do some type of a public hearing if they had a plan for it. Right now, I think, it's just going to be left like it is. Ms. Carpenter: O.K. Thanks. Chairman Orlowski: Anyone else? (No one else asked to be heard.) Any questions from the Board? (There were no questions from the Board.) At this time, since we do not have Health Department approval, I'll entertain a motion to hold this public hearing open. Mr. Edwards: So move. Mr. Cremers: Second. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? es:A Mr. Orlowski Mr. Ca ian_� gg o, Mr. Cremers, Mr. Edwards. . Chairman Orlowski: Opposed? The motion carries. ********** Hearings Held Over From Previous Meetings: Chairman Orlowski: Reflecting Nature Landscaping - This proposed site plan is to construct a 2,520 sq. ft. storage building and office in a contractor's yard on a 1.1 acre parcel. The property is located on the north side of CR 48, at 260 Cox's Neck Road, Mattituck. SCTM#1000-113-14-10 This is waiting for a Zoning Board decision so I'll entertain a motion to hold this hearing open. Mr. Edwards: So move. Mr. Cremers: Second. Chairman Orlowski: Motion made and seconded. Any questions on the motion? Does anybody have any comments while we are discussion it? Hearing none, all those in favor? 173 Southold Town Planning Board Page Five October 14, 2003 Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards. Chairman Orlowski: Opposed? The motion carries. ********** Chairman Orlowski: Perino, Joseph - This proposed major subdivision is for 7 lots on 20.8211 acres. The property is located on the south side of Main Road, 150'west of Sigsbee Road in Mattituck. SCTM#1000-122-7-9. This parcel, too, is held open because of the moratorium. I'll entertain a motion to keep it open. Mr..Edwards: So move. Mr. Cremers: Second. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards. Chairman Orlowski: Opposed? The motion carries. ******************** MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES AND SET- OFF APPLICATIONS Final Determinations: Chairman Orlowski: Dayton Farms - This proposal is to set off a 1.757 acre improved lot from a 13.44 acre parcel. Development Rights have been sold upon 10.14 acres. The property is located 372+ ft. northeast of Main Bayview Road, southeast of Jacob's Lane in Southold. SCTM#1000-88-1-10 Mr. Cremers: Mr. Chairman, I'll offer the following: WHEREAS, the applicant proposed to set off a 1.75 acre improved lot (#1) from a 13.44 acre parcel (#2) with agricultural buildings, located within the A-C Zoning District, in Southold; and WHEREAS, the applicant has sold Development Rights to the Town of Southold on 10.14 acres of Lot 2, exclusive of a 1.54 reserved area (building envelope) which currently encompasses agricultural support buildings; and 1174 Southold Town Planninq Board Page Six October 14, 2003 WHEREAS, all conditions of conditional final approval have been met; therefore, be it RESOLVED, that the Southold Town Planning Board grant final approval on the maps, dated as revised April 17, 2003, and authorize the Chairman to endorse the maps. Mr. Edwards: Second the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards. Chairman Orlowski: Opposed? The motion carries. ********** Chairman Orlowski: Schneider, Ernest - The proposed action involves the subdividing of a 13.41 acre parcel (SCTM#1000-101-1-14.3) into two lots and, through a lot line modification, enlarging SCTM#1000-95-3-10 from 1.11 acres to 2.32 acres. The parcel is located southwest of Alvah's Lane, 1,347.30 feet north of Middle Road (C.R. 48) in Cutchogue. SCTM#s1000-95-3--10 & 101-1-14.3 Mr. Cremers: Mr. Chairman, I, I offer the following: l WHEREAS, this proposal involves the subdividing of a 13.41 acre parcel (SCTM#1000- 101-1-14.3) into two lots, where Lot 1 equals 2.32 acres and Lot 2 equals 2.61 acres and, through a lot line modification, enlarging Lot 1 (SCTM#1000-95-3-10) from 1.11 acres to 2.32 acres; and WHEREAS, the Planning Board granted conditional sketch plan approval on April 16, 2001; and WHEREAS, on April 16, 2001 the Planning Board ruled that the Negative Declaration previously issued for the identical action was still valid; and WHEREAS, the Cutchogue Fire District is not requiring a fire well for the proposed action as stated in an August 1, 2001 letter; and WHEREAS, the Planning Board has accepted the ruling with the following condition: At the time a new residence is constructed upon Lot 3, a fire well will be required and noted as such upon the final print & mylars and, further, a Covenant and Restriction shall be filed noting this condition; and WHEREAS, on September 28, 2001, a draft Covenant of Declarations was received by the Planning Board; and i q6 Southold Town Planning Board Page Seven October 14. 2003 WHEREAS, on May 20, 2003, the Southold Town Board granted a waiver from the provisions of Local Law#3 of 2002 and Local Law#3 of 2003; and WHEREAS, all conditions of conditional final approval have been met; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; be it therefore RESOLVED, that the Southold Town Planning Board grant final approval on the maps, dated as revised September 3, 2003, and authorize the Chairman to endorse the final surveys. Mr. Edwards: Second the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards. Chairman Orlowski: Opposed? The motion carries. Chairman Orlowski: Morton, Keith Scott - This proposal is to set off a 1.94 acre improved lot, located within the R-80 Zoning District, from a 17.44 acre parcel with access from Orchard Street in Orient. SCTM#1000-25-4-11.6 Mr. Edwards: Mr. Chairman, I'll offer the following: WHEREAS, the applicant proposes to set off an improved 1.94 acre lot from a 17.44 acre parcel; and WHEREAS, the Southold Town Planning Board, acting under the State Environmental Quality Review Act, performed an uncoordinated review of this unlisted action. The Planning Board established itself as lead agency, and as lead agency, made a determination of non-significance and granted a Negative Declaration on November 4, 2002; and WHEREAS, the Suffolk County Department of Health issued approval for the action on June 6, 2003; and WHEREAS, on May 22, 2003, the applicant filed with the Office of the Suffolk County Clerk in Liber 12252, Page 432, a Suffolk County Department of Health Private Well Covenant conditioning that the residual acreage (15.50 acres) cannot be subdivided into more than three (3) lots; and WHEREAS, all conditions of conditional final approval have been met; and !116 Southold Town Planning Board Page Eight October 14, 2003 WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; be it therefore RESOLVED, that the Southold Town Planning Board grant final approval on the maps, dated as revised March 20, 2003, and authorize the Chairman to endorse the final surveys. Mr. Cremers: Second the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Aves: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards. Chairman Orlowski: Opposed? The motion carries. ********** Final Extensions: Chairman Orlowski: Cove Beach Estates Lot Line Change - This proposed lot line change will transfer 1.1 acres from Parcel A (SCTM#1000-22-3-18.7) to Parcel B (SCTM#1 000-22-3-18.1) to amend the location of a right-of-way described in a deed, Liber 8717, Page 267, recorded in the Suffolk County Clerk's Office. The property is located north of NYS Route 25 in East Marion. SCTM#1000-22-3-18.1 & 18.7 Mr. Cremers: Mr. Chairman, I'll offer the following: WHEREAS, the applicant proposes to adjust the lot line between Parcel A (SCTM# 1000-22-3-18.7 and Parcel B (SCTM#1000-22-3-18.1) equal in area to 1.1 acres to amend the location of the right-of-way described in a deed recorded in Liber 8717, Page 267, Office of the Suffolk County Clerk; and WHEREAS the Southold Town Planning Board granted conditional final approval on the plats, dated February 5, 2002; therefore, be it RESOLVED that the Southold Town Planning Board grant an extension of conditional final approval on the map, dated February 5, 2002, from October 14, 2003 to April 15, 2004. Mr. Edwards: Second the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Aves: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards. !i7 Southold Town Planning Board Page Nine October 14, 2003 Chairman Orlowski: Opposed? The motion carries. ********** Setting of Final Hearings: Chairman Orlowski: Petrolino/Graseck - This proposal is to amend the lot line between SCTM#1000-78-8-16.2 (Parcel 1) and SCTM#1000-78-8-17.2 (Parcel 2) and transfer 0.255 acres of Parcel 1 to Parcel 2 where, after the transfer, Parcel 1 would equal 0.918 acres and Parcel 2 would equal 1.063 acres. The properties are located on the n/s/o North Bayview Road, +/- 375' east of Cedar Avenue, and on the a/s/o Cedar Avenue, +/-414' north of North Bayview Road, in Southold. Mr. Edwards: Mr. Chairman, I'll offer the following resolution: WHEREAS, the applicant proposes to amend the lot line between SCTM#1000-78-8- 16.2 (Parcel 1) and 1000-78-8-17.2 (Parcel 2) and transfer 0.255 acres of Parcel 1 to Parcel 2; therefore, be it RESOLVED, that the Southold Town Planning Board set Monday, November 10, 2003, at 6:00 p.m. for a final public hearing on the maps, dated August 19, 2003 and last revised September 25, 2003. Mr. Cremers: Second the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards. Chairman Orlowski: Opposed? The motion carries. ********** Sketch Determinations: Chairman Orlowski: Purita, Frank - This proposed minor subdivision is to subdivide a 27.0309 acre parcel into 3 lots where Lot 1 equals 40,575 sq. ft., Lot 2 equals 46,565 sq, ft. and Lot 3 is comprised of a 22.5227 acre Development Right Sale and a 2.5083 acre building envelope. The property is located north of the intersection of Old North Road and CR 48 and south of Sound View Avenue in Southold in the A-C Zoning District. SCTM#1000-51-3-4.3 Mr. Caggiano: Mr. Chairman, I'll offer the following: WHEREAS, the applicant proposes to subdivide a 27.0309 acre parcel into 3 lots where Lot 1 equals 40,575 sq. ft.; Lot 2 equals 46,565 sq. ft and Lot 3 is comprised of a Southold Town Planning Board Page Ten October 14, 2003 22.5227 acre Development Rights Sale, a 2.28 acre building envelope and a 148.68 x 65.00 foot building envelope in the north of the parcel for a barn structure; and WHEREAS, the applicant has submitted an agreement, executed on March 21, 2002, between the applicant and the County of Suffolk to purchase Development Rights on Lot 3 (23± acres); and WHEREAS, the action, as submitted, meets the 75% preservation threshold as specified in Local Law No. 3 of 2002, Local Law No. 3 of 2003 and Local Law No. 13 of 2003; and WHEREAS, on September 8, 2003, the Southold Town Planning Board acting under the State Environmental Quality Review Act, established itself as lead agency, and as lead agency issued a Negative Declaration for the proposed action; therefore, be it RESOLVED, that the Southold Town Planning Board grant conditional sketch plan approval on the maps, dated as revised August 4, 2003, subject to the following conditions: 1. The 2.28 acre building envelope is located adjacent to County Road 48. No access or curb cut is shown on the plat to the building envelope. Please show access to the buildin -envelope. A permit will be required from the Suffolk County Department F f Public Works. 2. There is no record in the file of the applicant appointing you as his agent. Please submit an authorized letter stating such. 3. The plat is titled "Lot Line Change for Frank Purita..." Please amend the plat title to read "Minor Subdivision of Frank Purita". Mr. Cremers: Second the motion. Chairman Orlowski: Motion made and seconded. Just a question: We'll have to check the acre of the building envelope. On the agenda, it's 2.5083 and, in the resolution, it's 2.28. You'll have to check that, Mark, to make sure that the correct number is in the resolution? It's only off by a tiny bit. Mark Terry: Right. Actually, I think it's 2.28 because they reduced the barn area from the 2.5. That was a good catch. Mr. Cremers: So, the resolution is correct? Mr. Terry: The resolution is correct. The legal description is out-dated and needs to be amended. Chairman Orlowski: O.K. We'll go with the resolution. Motion made and seconded. Any questions on the motion? All those in favor? AN Southold Town Planning Board Page Eleven October 14, 2003 Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards. Chairman Orlowski: Opposed? The motion carries. Mr. Pawlowski, you know, we held your hearing open because we haven't gotten anything from the ZBA. Paul Pawlowski: Victor had called and he said that he had received the information from the ZBA two weeks ago so, I got him everything that he needed. I got a call on October 1st roughly, the first or second, from Victor saying the ZBA— he got the letter from the ZBA. They pushed it to 80 feet. They approved it as of 80 feet and they approved the Special Exception as far as annual inspections if I agreed to that, which is no problem. He then asked for new site plans and new Health Department approval. I had that to him ten days ago. Chairman Orlowski: Do you know anything about that, Bruno? Bruno Semon: No, I don't. No. I don't think that we received it. As far as I know, we did not receive it— not with the Health Department approval. Paul Pawlowski: Yes, I dropped it off personally. Mr. Semon: That's the revised surveys? Mr. Pawlowski: Everything. Mr. Semon: With the new Health Department on the current one the ZBA approved? Mr. Pawlowski: Absolutely. Yes. Mr. Semon: We didn't even see the ZBA resolution yet. I'm pretty positive about that, Paul. I don't want to challenge you. I can check the file tomorrow morning. We did not get anything in writing from the ZBA as of Friday and that was a confirmation. If it came in today, I am not aware of it. So, if you have something in writing, please submit it. But, I do not have the formal decision from the ZBA. Mr. Pawlowski: I don't have anything in writing. I just had a phone call from Victor asking for such and such that had to be done and everything is taken care of. Mr. Semon: Well, we're trying to help you. What we have was the minutes from the meeting indicating that it was going to be approved and I think a formal decision has been given on it but nothing in writing. So, until that is received by us or you, it's hard to proceed and that's what we're looking for—that written decision -to help you. If you have that, please submit it. You should be the first to get it; you are the applicant, I understand. jSD Southold Town Planning Board Page Twelve October 14, 2003 Chairman Orlowski: What we can do is, we'll review it. We're probably going to have a Special Meeting here anyway. It will probably be one of the Monday Work Sessions. We can approve it then. Nobody here knows about that so we'll have to — sorry. Mr. Semon: What you do need to do, again, if you have —you'll be getting that decision before us -just get a copy to us because we don't have that as of Friday. Mr. Pawlowski: Victor had mentioned that he was at the ZBA and he had all the information he needed. He asked me to get everything so he could expedite everything so that's why I did it. Mr. Semon: Everything but the written decision from them is what we don't have. Mr. Pawlowski: O.K. ********** Chairman Orlowski: Booth, Edward - This proposed set-off will set off a 2 acre lot (Lot 3) from a 28.36 acre parcel which includes a 2 acre building envelope (Lot 1). The proposed lot line change will transfer 43,590 sq. ft. from SCTM#1000-52-2-8 to SCTM#1000-52-2-7 in the R-80 Zoning District. The property is located n/o CR 48, w/o Mt. Beulah Avenue and s/o Sound View Avenue, in Southold. SCTM#1000-51-2-7 & 8 Mr. Cremers: Mr. Chairman, I'll offer the following: WHEREAS, this proposal will set off a 2 acre lot (Lot 3) from a 28.36 acre parcel which includes a 2 acre building envelope (Lot 1); and WHEREAS, the applicant proposes to sell Development Rights upon 22.8647 acres of Lot 1; and WHEREAS, this proposal also includes a lot line change that will transfer 43,590 sq. ft. from SCTM#1000-52-2-8 (Lot 1) to SCTM#1000-52-2-7 (Lot 2) in the R-80 Zoning District resulting in a 1.5 acre lot (Lot 2); therefore be it RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, performed a coordinated review of this Unlisted Action. The Planning Board establishes itself as lead agency, and as lead agency, makes a determination of non-significance and grants a Negative Declaration. Mr. Edwards: Second the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards. BSI Southold Town Planning Board Page Thirteen October 14, 2003 Chairman Orlowski: Opposed? The motion carries. Mr. Cremers: In addition — BE IT FURTHER RESOLVED, that the Southold Town Planning Board grant conditional sketch plan approval on the plat, dated June 20, 2003, subject to the following conditions: 1. The tax map is incorrect; please correct the tax map on the plat to read 1000-51- 2-7 and 1000-51-2-8. 2. The Planning Board requests that the proposed driveway access to Lot 2 and Lot 3 be from Mt. Beulah Avenue. Please indicate proposed building envelopes and driveway locations upon the plat. Mr. Edwards: Second the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes. Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards. i" Chairman Orlowski: Opposed? The motion carries. ******************** MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES, SET-OFF APPLICATIONS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Lead Agency Designation: Chairman Orlowski: Zoumas at Bawiew - This proposed major subdivision is for 6 lots on 47.71 acres of which 36.32 acres (Lot 6) have been sold fee title to the Town of Southold. The property is located on the north side of Bayview Road, ±200' west of Brigantine Drive, in Southold. SCTM#1000-79-4-17.17 Mr. Caggiano: Mr. Chairman, I'll offer the following: WHEREAS, this proposal is to subdivide a 47.71 acre parcel into 5 residential lots where Lot 1 equals 91,226 sq. ft.; Lot 2, 86,235 sq. ft.; Lot 3, 82,606 sq. ft.; Lot 4, 82,635 sq. ft. and Lot 5, 83,210 sq. ft. and two parcels: Parcel A (36.59 acres) and Parcel B (1.11 acres) which are proposed for preservation; and WHEREAS, on August 12, 2003, the Town of Southold Town Board approved the Fee Title Acquisition of (34.1± acres); of Parcel A (36.59 acres) exclusive of an 8,359 sq. ft. Drainage Easement serving the subdivision of Harbor Lights Estates, Section 4, and a Southold Town Planning Board Page Fourteen October 14, 2003 10,000 sq. ft. right-of-way serving the Albert & Rosemary Bertos and the Gay Reese Parcels; and WHEREAS, it is the understanding of the Planning Board that the applicant has agreed to file a Conservation Easement upon Lots 1 through 5 that limits clearing to 1 acre upon each lot; and WHEREAS, this action also involves the creation of a clustered 21,500 sq. ft. parcel labeled as Gay Reese on the plat dated March 26, 2003; and WHEREAS, prior to clustering to 21,500 sq. ft., a total of 1.1 acres (Parcel B) of SCTM# 1000-79-4-17.17 and the 10,000 sq. ft. right-of-access contributes to and comprises the required minimum pre-clustered acreage of the Gay Reese Parcel; and WHEREAS, the Planning Board is requiring that a Phase 1 Archeological Study and an Endangered and Threatened Plant and Animal Study be conducted for the proposed "developed" area; therefore, be it RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act pursuant to 6 NYCRR PART 617, Section 617.6 establishes itself as lead agency for the proposed action. Mr. Cremers: Second th , motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards. Chairman Orlowski: Opposed? The motion carries. ********** Determinations: Chairman Orlowski: Booth, Edward - This proposal is to set off a 2 acre lot from a 8.05 acre parcel. The property is located on the north side of Sound View Avenue, 1,669 feet e/o Lighthouse Road in Southold. SCTM#1000-50-2-15 Mr. Cremers: Mr. Chairman, I'll offer the following: WHEREAS, this proposal is to set off a 2 acre clustered lot from an 8.05 acre parcel; and WHEREAS, following the approval of this action, a Conservation Easement will be applied to the property preventing further subdivision and limiting the parcel to two Southold Town Planning Board Page Fifteen October 14, 2003 single-family residences (one existing and one proposed) on the 8.05 acres; therefore be it RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, Part 617, Article 7 makes a determination of non- significance and grants a Negative Declaration on the application. Mr. Edwards: Second the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards. Chairman Orlowski: Opposed? The motion carries. ********** Chairman Orlowski: Cove Beach Estates Maior Subdivision - This proposed major subdivision is for 12 lots on 104.4 acres located on the north side of NYS Route 25, 1776' east of Stars Road in East Marion. SCTM#s1000-22-3-9.1, 18.1, 18.7 and 18.8 Mr. Caggiano: Mr. Chairman, I'll offer the following: WHEREAS, the applicant proposes to subdivide a 104.40 acre parcel into 12 lots; and WHEREAS, the Peconic Land Trust holds a Conservation Easement on 100.60 acres of the 104.40 acres; and WHEREAS, the Southold Town Planning Board, pursuant to Part 617, Article 6 of the Environmental Conservation Law, acting under the State Environmental Quality Review Act, established itself as lead agency for the action on March 10, 2003; and WHEREAS, the New York Department of Environmental Conservation, in a May 6, 2003, letter, identified several concerns with the proposed action; and WHEREAS, the Planning Board has contacted Mr. George Hammarth of the New York State Department of Environmental Conservation and all concerns have been satisfied; and WHEREAS, an Archaeological Reconnaissance Survey was conducted upon all building envelopes with no remarkable findings; and WHEREAS, on July 21, 2003, the Planning Board mandated that an Endangered and Threatened Vegetation Survey be conducted for the areas identified through the Natural Heritage Program upon Lots 1, 2 and 10; and Southold Town Planning Board Page Sixteen October 14, 2003 WHEREAS, on September 26, 2003, the applicant has provided the results of such survey indicating that the listed species were not identified and "will not be found in the dense invasive growth" of the areas sampled; therefore be it RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, Part 617, Article 7, makes a determination of non- significance and grants a Negative Declaration on the application. Mr. Cremers: Second the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards. Chairman Orlowski: Opposed? The motion carries. ********************* SITE PLANS Final Extensions: Chairman Orlowski: Breezy Sound Corp. - This proposed site plan is for a 68-unit motel complex. The property is located 285' east of Chapel Lane, on the north side of CR 48, and known as 61475 CR 48, in Greenport. SCTM#1000-45-1-2.1 Mr. Edwards: Mr. Chairman, I'll offer the following resolution: WHEREAS, this proposed site plan, to be known as site plan for Breezy Sound Motel in Greenport, is to construct a new 68 unit motel with a pool house for motel guests and a manager's apartment unit, located on 7.13 acres on the north side of CR 48; and WHEREAS, Breezy Sound Corp. is the owner of the property known and designated as Breezy Sound Motel, CR 48, Greenport, SCTM # 1000-45-1-2.1; and WHEREAS, the applicant sought to extend the May 12, 2003 conditional final approval; and WHEREAS, a formal application for the approval of this site plan was submitted on December 1, 2000 and conditional final approval was granted on May 12, 2003; and WHEREAS, all the requirements of the Site Plan Regulations of the Town of Southold have been met; be it therefore RESOLVED that the Southold Town Planning Board grant a six month extension from October 14, 2003 to the conditional final approval on the final surveys, dated October 3, Southold Town Planning Board Page Seventeen October 14, 2003 2001, and last revised August 2,.2002, subject to fulfillment of the following condition. This condition must be met within six (6) months of the resolution: 1. Review and approval by the Suffolk County Department of Health Services. Mr. Cremers: Second the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards. Chairman Orlowski: Opposed? The motion carries. ********** Chairman Orlowski: VanDuzer Appliance Co. - This proposed site plan is to add a 1,800 sq. ft. addition to an existing building. The property is located 605' east of Youngs Avenue, on the north side of CR 48, also known as 46155 CR 48, in Southold. SCTM#1000-55-2-24.4 Mr. Cremers: Mr. Chairman, I'll offer the following: WHEREAS, this proposed amended site plan, to be known as site plan for CF Van Duzer Appliance Co., is to revise a prior approved plan, dated February 12, 2001, to construct an 1,800 square foot addition to an existing building at 46155 CR 48, Southold, SCTM#1000-55-2-24.4; and WHEREAS, the applicant sought to amend the site plan approval as shown on the building plans, dated July 23, 2003 and prepared by Warren Sambach, with changes to the exterior and facade; and WHEREAS, the applicant also sought to extend the February 1, 2001 site plan approval date for one year; and WHEREAS, all the requirements of the Site Plan Regulations of the Town of Southold have been met; and WHEREAS, on September 23, 2003, the Architectural Review Committee reviewed the building plans, dated July 23, 2003, and approved the schedule of finishes as submitted and the Southold Town Planning Board accepts the approval; therefore, be it RESOLVED, that the Southold Town Planning Board grant a one year extension from February 12, 2004 for the final approval on the final surveys, dated June 9, 1999, with Suffolk County Department of Health Services approval stamp with later revision of September 20, 2000 and new building plans, dated July 23, 2003 prepared by Warren Sambach, subject to a one year review from the date of the building permit. Southold Town Planning Board Page Eighteen October 14, 2003 Mr. Edwards: Second the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards. Chairman Orlowski: Opposed? The motion carries. ******************** APPROVAL OF PLANNING BOARD MINUTES Chairman Orlowski: Board to approve the minutes of October 1, 2001. Mr. Cremers: So move. Mr. Caggiano: Second. Chairman Orlowski: Motion made and seconded. All those in favor? Ayes: Mr. Orlowski, :ppose'd? . "'agiano, Mr. Cremers, Mr. Edwards. Chairman Orlowski: The motion carries. ********** Chairman Orlowski: Board to approve the minutes of August 12, 2002. Mr. Cremers: So move. Mr. Edwards: Second. Chairman Orlowski: Motion made and seconded. All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards. Chairman Orlowski: Opposed? The motion carries. ********** Chairman Orlowski: Board to approve the minutes of August 11, 2003. Mr. Cremers: So move. Mr. Edwards: Second. /g7 Southold Town Planning Board Page Nineteen October 14, 2003 Chairman Orlowski: Motion made and seconded. All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards. Chairman Orlowski: Opposed? The motion carries. ********** Chairman Orlowski: Board to approve the minutes of August 18, 2003. Mr. Cremers: So move. Mr. Edwards: Second. Chairman Orlowski: Motion made and seconded. All those in favor? Aves: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards. Chairman Orlowski: Opposed? The motion carries. ********** Chairman Orlowski: Board to approve the minutes of September 8, 2003. Mr. Cremers: So move. Mr. Edwards: Second. Chairman Orlowski: Motion made and seconded. All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards. Chairman Orlowski: Opposed? The motion carries. ********** Chairman Orlowski: Board to approve the minutes of September 29, 2003. Mr. Cremers: So move. Mr. Edwards: Second. Chairman Orlowski: Motion made and seconded. All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards. Chairman Orlowski: Opposed? The motion carries. Southold Town Planning Board Page Twenty October 14, 2003 I have nothing left on my agenda. If anybody would like to say anything or speak before this Board, they may do so on the record. (No one asked to be heard.) We're going to adjourn and go into Executive Session with our attorney about litigation and then we'll go into a Work Session after that. I'll entertain a motion to close the hearing. Mr. Caggiano: So move. Mr. Cremers: Second. Chairman Orlowski: Motion made and seconded. All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards. Chairman Orlowski: Opposed? The motion carries. There being no further business to come before the Board, the meeting was adjourned at 6:38 p.m. Respectfully submitted, Carol Kalin ` A Bennett Orlowski, r., Chairman