Loading...
HomeMy WebLinkAboutPB-03/11/2002 PLANNING BOARD MEMBERS o�oS�FFO(�-�oG P o Box 1179 BENNETT ORLOWSKI,JR. �`Z` �f. Chairman o Town Hall, 53095 State Route 25 y Z Southold, New York 11971-0959 RICHARD CAGGIANO W Telephone (631) 765-1938 WILLIAM J.CREMERS �y,L O!. Fax(631) 765-3136 KENNETH L.EDWARDS MARTIN SIDOR. PLANNING BOARD OFFICE TOWN OF SOUTHOLD MINUTES March 11, 2002 6:00 p.m. Present Were: Bennett Orlowski, Jr., Chairman Richard Caggiano, Member William J. Cremers, Member Kenneth L. Edwards, Member George Ritchie Latham Jr. Valerie Scopaz, Town Planner Mark Terry, Sr. Environmental Planner Scott Hughes, Sr. Environmental Planner Victor L'Eplattenier, Senior Planner Carol Kalin, Secretary SETTING OF THE NEXT PLANNING BOARD MEETING Chairman Orlowski: Good evening, I would like to call this meeting to order. Board to set Monday, April 8, 2002 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 move. Mr. Cremers: Second. Chairman Orlowski: Motion made and seconded. All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Chairman Orlowski: Opposed? The motion carries. ******************** PUBLIC HEARINGS Subdivisions: 0219 Southold Town Planning Board Page Two March 11, 2002 Chairman Orlowski: 6:00 p.m. - Summit Estates, Sections 2 & 3 - Sections 2 & 3 of this proposed major subdivision are for 25 lots on 23 acres located on the west side of Shipyard Lane in East Marion: SCTM#1000-35-8-5.4 & 38-7-10.1 & 10.2 1 will ask if there are comments on this subdivision? Donna Geraghty: I represent the developer and I am just here to state that this is an addition. Section One had been filed back in '92 and Section Four has been filed. This is Sections Two and Three and it's just bringing the rest of the subdivision together. If anyone has any questions, I would be happy to answer them. Chairman Orlowski: Any other comments? Hearing none, any questions from the Board? Hearing no further questions, I'll entertain a motion to close the hearing. Mr. Latham: So move. Mr. Cremers: Second. Chairman Orlowski: Motion made and seconded. All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Chairman Orlowski: Opposed? The motion carries. (The hearing was closed at 6:03 P.M.) With that, I'll make the following resolution: Claire Dowling: Excuse me, excuse me -we are not sure how this goes - all this that happened before - I mean, there are some of us here that are concerned about this development on Shipyard Lane. We are not sure how this works and all of a sudden this is over? Chairman Orlowski: This is a public hearing where you are asked to make any comments. Claire Dowling: Right. Could you present again what the changes are that the public hearing is about? Could you summarize it and then we can make, you know, some kind of comment that we might want to make. Chairman Orlowski; Well, it is Sections Two and Three of Summit Estates. The proposed major subdivision is for twenty-five lots on twenty-three acres located on the west of Shipyard Lane in East Marion. Claire Dowling: And this is a change from the original? Chairman Orlowski: No, this has been here for a long time. Can we have your name for the record? Southold Town Planning Board Page Three March 11, 2002 Claire Dowling: My name is Claire Dowling. I live on Shipyard Lane and there are no additional houses that are being proposed here tonight than when the original one was proposed ten years ago? Chairman Orlowski: I believe the map is on the wall there somewhere. I don't think it is changing. Claire Dowling: I will express my concern, and maybe I am ten years too late, but we have a condominium at the end of that road. I don't believe I know how many units are there but there are plenty of units there, alright. There's a large number of units. There is a lot of pressure on Shipyard Lane in season and now with these additional houses across the street, the way the plan appears on the diagram here, all those houses -the traffic is going to spill over to that one little road - Shipyard Lane. With the condo. houses, which is multi-unit housing, plus all these homes being built across the street from where I live right now, there are only two outlets and they go on Shipyard Lane plus the houses that are already on Shipyard Lane. Now, you know, I guess I missed the original opportunity to speak here but I am concerned now that I see exactly what is going to happen. I mean, as far as I am concerned, there should be a road that goes right straight out to Shipyard Lane with all of these houses. What is the total number of houses that are going to be on that lot on Shipyard Lane - I mean that new property - the property across the street from those of us that already live there. What is the total number of houses? Chairman Orlowski: Well, there are twenty-five lots. Claire Dowling: Twenty-five houses? Chairman Orlowski: Well, with the original, it is thirty-five - excuse me. Claire Dowling: Plus the houses that are already there on Shipyard Lane, plus the condominium at the foot of Shipyard Lane with many units already. I see that as a disaster. We have children that live on that street. Right now, it is a country road. They play. They ride their bicycles. As it is, we have a great deal of problem in the summer time there in terms of traffic - the overload of traffic due to the many units at the base at the bottom of Shipyard Lane on the water and, you know, there was a hearing about that property many years ago too, you know, because it is built on wetlands but that is a problem that we cannot resolve right now, can we? That is already done. But, I will express my extreme concern about this little road, Shipyard Lane, trying to absorb all these houses with all this traffic. I mean, I don't see this design as being very logical and very fair to the people that already live on Shipyard Lane and that's the way I see it. Pat Volinski: And I second it. Chairman Orlowski: Can I have your name for the record? Pat Volinski: Pat Volinski. �D Southold Town Planning Board Page Four March 11, 2002 ? Barren: My name is Barren and I live on Shipyard Lane and I am just looking at the density here. I am looking at the first ten lots and the houses that are positioned there. They seem to be appropriately placed on the properties — decently spaced but the remaining houses put in there have a different density factor. It looks like the lots are smaller and what is permissible for twenty-three acres? He does not have twenty-three acres that are buildable. He has vacant land in there that is not buildable so it seems to me that what they are asking for is a density that's not acceptable. Donna Geraghty: I would like to answer his question, if I might. This subdivision was originally planned on forty-seven acres and the Board required clustering - mandatory clustering -which is one-acre zoning and we brought it down to thirty thousand square feet. There is open space that the entire community shares. In the front, there is about five acres open space and in back there is an additional three and a half acres. So, it looks like we are putting more lots on this small acreage space but, in fact, as a whole, this is part of Sections One, Two, Three and Four which I am sure the Board is aware of but I am just trying to clarify it for the rest of the people. Claire Dowling: I have a question about what entire community is sharing this open space. Chairman Orlowski: You have to state your name for the record. Claire Dowling: Claire Dowling. Chairman Orlowski: I don't want this to be a debate. What is your question? Claire Dowling: This woman has just said the entire community will share this open space on Shipyard Lane and I am wondering what the entire community is? What is the definition of that - is that the people of Summit Estates or the whole street? Chairman Orlowski: Just Summit Estates. Donna Geraghty: The homeowners association. Chairman Orlowski: O.K. Any other comments? It has been put on the record. The hearing has been closed but I will ask if there are any other comments? O.K. Hearing no further comments, we will move on. I make a motion: WHEREAS, in 1989, Gusmar Realty Corp. made an application to the Planning Board for a major subdivision of 35 lots on 40.822 acres to be known as Summit Estates; and WHEREAS, this subdivision has been designed as a cluster subdivision in accordance with New York State Town Law; and WHEREAS the Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, declared itself lead agency and issued a Negative Declaration on August 13, 1990; and 2,� Southold Town Planning Board Page Five March 11, 2002 WHEREAS, the Planning Board granted conditional preliminary approval to the Summit Estates Subdivision Sections 1, 2 and 3 on July 10, 1997; and WHEREAS, after the Planning Board granted preliminary approval to the subdivision application, the Planning Board allowed the applicant to proceed with the final submission in four separate sections (Section 1: Lots 1-10, Section 2: Lots 11-23, Section 3: Lots 24-32 and Lots 34-35 and Section 4: Lot 33); and WHEREAS, the Planning Board granted final approval to Summit Estates, Section 1: Lots 1-10, on October 4, 1993; and WHEREAS, the Planning Board granted final approval to Summit Estates, Section 4: Lot 33, on October 2, 2000; and WHEREAS, the conditional preliminary approval expired for Sections 2 & 3 because the conditions of the approval were not fulfilled within the required time frame; and WHEREAS, on October 23, 2000, the applicant requested to proceed with the application for Sections 2 and 3; and WHEREAS, the applicant has presented the necessary fees and information to proceed with Sections 2 & 3; and WHEREAS, the Planning Board has required the filing of certain Covenants and Restrictions for the entire subdivision (Sections 1, 2, 3, & 4), and such Covenants and Restrictions were recorded as a condition of final approval; and WHEREAS, as per a resolution, dated September 27, 1999, the Planning Board allowed certain amendments to the filed Declaration of Covenants and Restrictions; and WHEREAS, a Homeowners Association was also filed for the entire subdivision (Sections 1, 2, 3 & 4); and WHEREAS, on February 7, 2002 both the Phase I and Phase II bond estimates were updated by the Town Engineer to 2002 construction costs; and WHEREAS, the Phase II updated bond estimate, dated February 7, 2002, is $200,442.50; and WHEREAS, on February 11, 2002, the Planning Board combined the Phase I bond estimate with the proposed Phase II bond estimate for Summit Estates Sections 2 and 3 and adopted an updated Phase I bond estimate in the amount of$97,760.00 and a Phase II bond estimate in the amount of$200,442.50 equal to the combined amount of $298,202.50; and WHEREAS, following the adoption of the Feb 11, 2002 resolution, the applicant notified the Planning Board that a new Phase I performance guarantee for the incomplete 3� Southold Town Planning Board Page Six March 11, 2002 construction together with Phase II could not be obtained through an insurance company and therefore the applicant requested that Phase I and Phase II remain separate; and WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has received affidavits that the applicant has complied with the notification provisions; and WHEREAS, all the requirements of the Subdivision Regulations of.the Town of Southold will be met upon fulfillment of the conditions of approval; be it therefore RESOLVED, to adopt the Phase II bond estimate in the amount of$200,442.50 as determined by the Town Engineer and recommend same to the Town Board. 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, Mr. Latham. Chairman Orlowski: Opposed? The motion carries. BE IT FURTHER RESOLVED, that the Southold Town Planning Board grant conditional final approval on the final plat maps, dated March 1, 2001, and the final road and drainage plan, dated March 13, 1992, subject to the fulfillment of the following conditions. Failure to fulfill the conditions shall cause this conditional final approval to become null and void. These conditions must be met within six (6) months of the resolution: a. Submission of a performance guarantee for Phase II in the amount of $200,442.50. This payment is in accordance with the approved bond estimate, dated February 7, 2002, for Sections 2 & 3 of the subdivision. b. Submission of$1,885.55, the remaining balance of the Phase II six percent administration fee equal to $12,026.55 minus the $10,141.00 previously submitted on February 4, 2002. c. The liber and page numbers for all recorded Declarations of Covenants and Restrictions and the Homeowners Association must be shown on the map and submitted to this office for the Planning Board's records. d. A letter from the public utility stating that the utility company will make the underground installations necessary for the furnishing of its services. 31 Southold Town Planning Board Page Seven March 11, 2002 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, Mr. Latham. Chairman Orlowski: Opposed? The motion carries. I'll further make a resolution: WHEREAS, as part of the approval for Summit Estates Section 1, a performance guarantee in the amount of$289,445.00 was presented to, and accepted by, the Town Board for Phase I subdivision improvements; and WHEREAS, the Phase I performance guarantee was reduced from $289,445.00 to $88,920.00 by the Town Board on May 22, 2001; and WHEREAS, on February 7, 2002 both the Phase I and Phase II bond estimates were updated to 2002 construction costs; and WHEREAS, on February 11, 2002, the Planning Board combined the Phase 1 bond estimate with the proposed Phase II bond estimate for Summit Estates Sections 2 and 3 and adopted an updated Phase I bond estimate in the amount of$97,760.00 and a Phase II bond estimate in the amount of$200,442.50 equal to the combined amount of $298,202.50; and WHEREAS, following the adoption of the Feb 11, 2002 resolution, the applicant notified the Planning Board that a new Phase I performance guarantee for the incomplete construction together with Phase II could not be obtained through an insurance company and therefore the applicant requested that the Phase I performance guarantee be separated from the Phase II bond estimate; and WHEREAS, since adoption, the Town Engineer has determined that construction equal to the amount of$10,600.00 has been completed for Phase I and has submitted a second updated bond estimate, dated February 28, 2002, reducing the $97,760.00 bond estimate to $87,160.00; and WHEREAS, on February 22, 2002 the applicant submitted a performance guarantee in the amount of$88,920.00 which is valid to December 7, 2002; be it therefore RESOLVED, that the Southold Town Planning Board accept the reduced Phase I bond estimate in the amount of$87,160.00, dated February 28, 2002, as determined by the Town Engineer and recommends same to the Town Board. Mr. Cremers: Second the motion. 3oc./ Southold Town Planning Board Page Eight March 11, 2002 Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Chairman Orlowski: Opposed? The motion carries. BE IT FURTHER RESOLVED, that the Southold Town Planning Board recommends acceptance of the Phase I performance guarantee in the amount of$88,920.00 to the Town Board. 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, Mr. Latham. Chairman Orlowski: Opposed? The motion carries. ********** Chairman Orlowski: 6:05 p.m. -James George & Linda Schaffer- This proposed set- off is for 2 lots on 22.28 acres. Development Rights have been sold on 20 acres and there is an existing house on the 2.24 acre residential lot. The property is located on the north side of Wickham Avenue, between Mill Lane and Elijah's Lane in Mattituck. SCTM#1000-107-5-6.2 & 6.3 Are there any comments on this proposed set-off? Abigail Wickham, Esq.: Good evening. My name is Abigail Wickham. I was expecting someone from Mr. Essex' office to appear and answer any questions. I represent the purchasers of the farm property. If there is anything I can help you with, I would be glad to. Chairman Orlowski: Any other comments on the Schaffer set-off? (There were none.) Any questions from the Board? (There were no questions from the Board.) I'll entertain a motion to close the hearing. Mr. Latham: So move. Mr. Cremers: Second. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? 33 Southold Town Planning Board Page Nine March 11, 2002 Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Chairman Orlowski: Opposed? The motion carries. (The hearing was closed at 6:18 P.M-) Mr. Cremers: Mr. Chairman, I'll offer the following: WHEREAS, James George and Linda Schaffer are owners of the property known and designated as SCTM#1000-107-5-6.2 & 6.3 on Wickham Avenue, Hamlet of Mattituck; and WHEREAS, the applicants propose to set off 2.24 acres (Parcel 1) from a 22.28 acre (Parcel 2); and WHEREAS, the Town of Southold purchased the Development Rights for 20 acres of Parcel 2; and WHEREAS, on June 11, 2001 the Planning Board granted sketch plan approval on the map, dated April, 2001; and WHEREAS, the Planning Board, pursuant to the State Environmental Review Act, ` (Article 8), Part 617, performed an uncoordinated review of this unlisted action, made a determination of non-significance and granted a Negative Declaration on June 11, 2001; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; and WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has received affidavits that the applicant has complied with the notification provisions; be it therefore RESOLVED, that the Southold Town Planning Board grant final approval on the maps, dated December 12, 2002, 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, Mr. Latham. Chairman Orlowski: Opposed? The motion carries. ********** Southold Town Planning Board Page Ten March 11, 2002 Chairman Orlowski: 6:10 p.m. - Grathwohl, Jeffrey- This proposal is to set off a 1 acre lot from a 26.86 acre parcel. The property is located 789' south of Naugles Road, on the east side of Luther's (Breakwater) Road in Mattituck. SCTM#1000-106-9-2.4 Are there any comments or questions on this set-off? Dawn Thomas, Esq.: My name is Dawn Thomas. I am the attorney for Mr. and Mrs. Grathwohl. Other than what you just said about the set-off, I don't think there is much else to be explained other than I will be available to answer questions you might have. Don Cooper: I am one of Mr. Grathwohl's future neighbors. I noticed that it is non- conforming. It was left in my father's will to my sister. It was his intention to meet the letter of the law. He passed away in '82. Unfortunately, he had willed an acre to her and when he made up his will in the late 70's that met the requirements but then, like a lot of us, he was not timely in keeping his will up-dated and so it was an acre that was left to my sister when he died. The parcels of property across the street are all quarter acre lots. The piece of property to the north boundary is an acre with, I believe, eleven or twelve cabins on it. There is one that is made for year'round use the others are seasonal, depending on the weather, because the water lines are shallow. They all have separate cesspools and the fact that he wants to build on an acre, I think, he is non-conforming but on the large side of non-conforming with his neighbors. Even further north there are houses with many cabins and houses on the lot. I just wanted to speak my peace that I am in favor of this set-off. I think it has already been approved by the Zoning Board eight or nine years ago. My sister has been paying property taxes on a building lot for all those years. Thank you. Chairman Orlowski: You have Zoning Board approval for that density, that size. Any other comments on this? Hearing none, any comments from the Board? (There were none.) I'll entertain a motion to close the hearing. 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, Mr. Latham. Chairman Orlowski: Opposed? The motion carries. (The hearing was closed at 6:23 P.M.) Does the Board have a pleasure? Mr. Latham: I'll offer this, Mr. Chairman: Southold Town Planning Board Page Eleven March 11, 2002 WHEREAS, the applicant proposes to set off a one (1) acre lot with 150.0 ft. frontage along the east side of Breakwater (Luther's) Road from a 25.8 acre lot; and WHEREAS, the applicant has received a letter from the Suffolk County Water Authority, dated September 20, 2001, confirming that water is available to the lot via a water main on the west side of Breakwater Road; and WHEREAS, the lot is located within a R-80 Zoning District and does not conform to the R-80 minimum zoning requirements; and WHEREAS, the Zoning Board of Appeals has approved a variance (Appeal No. 3819) for the proposed one (1) acre lot set-off granting relief from the R-80 Zoning District regulations; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, performed an uncoordinated review of this unlisted action, made a determination of non-significance and granted a Negative Declaration on January 30, 2002; and WHEREAS, the final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on March 11, 2002; and WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has received affidavits that the applicant has complied with the notification provisions; 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 July 19, 2001, 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, Mr. Latham. Chairman Orlowski: Opposed? The motion carries. *********** Hearings Held Over From Previous Meetings: Southold Town Planning Board Page Twelve March 11, 2002 Chairman Orlowski: Robert Schreiber- This minor subdivision is for 4 lots on 47.4 acres. Development Rights will be sold on 32.27 acres. The property is located on the north side of Oregon Road, west of Alvah's Lane in Mattituck. SCTM#1000-95-1-4 Mr. Edwards: Mr. Chairman, I'll offer the following resolution: BE IT RESOLVED that the Southold Town Planning Board hold open the final public hearing, which was opened on January 14, 2002. The hearing is being held open to allow the applicant to address the items outlined in the Planning Board's letter of December 5, 2001. Mr. Cremers: Second the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? The hearing is open if anybody has a comment. (No one wished to speak.) All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Chairman Orlowski: Opposed? The motion carries. ********** Chairman Orlowski: Nextel Communications - This proposed site plan amendment is to affix a new wireless antenna to an existing monopole and install a related equipment shelter on 1.05 acres of property located on the north side of CR 48, 750' west of Cox's Lane in Cutchogue. SCTM#1000-96-1-19.1 Mr. Edwards: Mr. Chairman, I'll offer the following resolution: BE IT RESOLVED that the Southold Town Planning Board hold open the final public hearing regarding the proposed site plan for Nextel Communications, which was opened on January 14, 2002. Mr. Cremers: Second the motion. Chairman Orlowski: This hearing is being held open if anybody would like to make a comment. (There were no comments.) Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Chairman Orlowski: Opposed? The motion carries. ********** Southold Town Planninq Board Page Thirteen March 11, 2002 Chairman Orlowski: Riverhead Building Supply Corp. - This proposed site plan is to demolish existing buildings & construct a 14,100 sq. ft. retail/warehouse & one 23,660 sq. ft. warehouse & a 5,000 sq. ft. warehouse. The property is located on the south side of NYS Rt. 25, 557' west of 9th St. in Greenport. SCTM#1000-46-1-1 & 2.1 Mr. Edwards: Mr. Chairman, I'll offer the following resolution: BE IT RESOLVED that the Southold Town Planning Board hold open the final public hearing regarding the proposed site plan for Riverhead Building Supply Corp., which was opened on January 14, 2002. Mr. Cremers: Second. Chairman Orlowski: Motion made and seconded to hold the hearing open. If anybody would like to make any comments, this hearing will be left open. Hearing no comments, all those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Chairman Orlowski: Opposed? The motion carries. ********** Chairman Orlowski: Island Health Project, Inc. - This proposed lot line change is to merge a 10,890 sq. ft. parcel, SCTM#1000-9-2-6.2, with a 12,565 sq. ft. parcel, SCTM#1000-9-2-8, creating a 23,455 sq. ft. parcel. The properties are located at the north corner of Oriental Avenue and Crescent Avenue on Fishers Island. Mr. Cremers: Mr. Chairman, I'll offer the following: BE IT RESOLVED that the Southold Town Planning Board hereby holds the public hearing for the Island Health Project, Inc. open. Mr. Latham: Second. Chairman Orlowski: Motion made and seconded. This will be held open. Would anyone like to make any comments? (No one wished to be heard.) All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Latham. Mr. Edwards: I abstain for reasons previously stated. Chairman Orlowski: Opposed? The motion carries. ******************** MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES AND SET OFF APPLICATIONS Southold Town Planning Board Page Fourteen March 11, 2002 Final Determinations: Chairman Orlowski: Skrezec/Day/Leo - This proposed lot line change is to subtract 1,750 sq. ft. from a 160,830 sq. ft. lot, SCTM#1 000-74-4-14.1, and add it to a 24,500 sq. ft. lot, SCTM#1000-74-4-16. The property is located on the southwest corner of CR 48 & Peconic Lane in Peconic. Mr. Cremers: Mr. Chairman, I'll offer the following: - WHEREAS, Darrin Skrezec, Julia Day Leo and Louise O. Day are the owners of the properties known and designated as SCTM#1000-74-4-14.1 and 1000-74-4-16, located on County Road 48 in Peconic; and WHEREAS, this proposed lot line change is to subtract 1,750 sq. ft. from a 160,830 sq. ft. lot, SCTM#1 000-74-4-14.1, and add it to a 24,500 sq. ft. parcel, SCTM#1000-74-4- 16; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on October 15, 2001; and WHEREAS, on October 15, 2001 the Southold Town Planning Board granted conditional final approval on the surveys, dated January 18, 2001, subject to fulfillment of one condition; and WHEREAS, the applicant has meet the condition; be it therefore RESOLVED, to grant final approval on the maps, dated January 18, 2001, 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, Mr. Latham. Chairman Orlowski: Opposed? The motion carries. ********** Sketch Determinations: Chairman Orlowski: Gerard Neumann - This proposal is for a clustered set-off of a 1.57 acre unimproved lot from a 24.9 acre lot with proposed right-of-way access from Mill Road. The property is located approximately 810' southwest of the intersection of Reeve Road and Mill Road, on the south side of Mill Road in Mattituck. SCTM#1000-107-1-1 Mr. Caggiano: Mr. Chairman, I'll offer the following: Southold Town Planning Board Page Fifteen March 11, 2002 WHEREAS, the applicant proposes to set off a 1.57 acre unimproved, clustered lot from a 24.9 acre lot with proposed right-of-way access from Mill Road, in Mattituck; therefore BE IT RESOLVED, that the Southold Town Planning Board grant sketch plan approval on the maps, dated December 12, 1996, with the following conditions: 1. The Planning Board treated the application as a cluster set-off. The wetland and upland acreages for the set-off lot must be calculated separately and labeled on the map. The wetland acreage, although a part of the lot acreage, is not recognized as a part of the buildable acreage of the lot. Consequently, before determining the yield for any future action on the remaining 23.33 acre parcel, an amount equal to 80,000 square feet, minus the buildable upland area of the set off parcel, must be excluded from the yield. The map must also contain a notation that the subdivision has been designed as a cluster subdivision and also must contain a notation stating the above-mentioned condition pertaining to the future yield of the property. Additionally, the notation in regard to the determination of yield must be contained in a Declaration of Covenants and Restrictions. 2. The building envelope including front, rear and side yards must be shown for the proposed set-off lot. 3. The proposed parcels must be shown as Lot 1 and 2. 4. Since original application, the 75 foot wetland buffer has increased to 100 feet. The map must be updated to show the required 100 foot wetland buffer. 5. The adjusted 100 foot wetland buffer will locate the proposed well approximately 10 feet seaward of the wetland buffer line. The proposed well will impact the buffer area and must be relocated. 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, Mr. Latham. Chairman Orlowski: Opposed? The motion carries. Mr. Caggiano: BE IT FURTHER RESOLVED, that the Southold Town Planning Board start SEQR lead agency coordination process for this unlisted action. Southold Town Planning Board Page Sixteen March 11, 2002 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, Mr. Latham. Chairman Orlowski: Opposed? The motion carries. ********** Chairman Orlowski: Papson, Vicky- This proposal is to set off 2.29 acres (Lot 1) from a 5.43 acre parcel. The property is located on the south side of Main Road, +/-400' east of Kayleigh's Court in East Marion. 8CTM#1000-31-3-7 Mr. Cremers: Mr. Chairman, I'll offer the following: WHEREAS, this proposal is to set off 2.29 acre lot (1) from a 5.43 acre lot (2) on the south side of Main Road S.R. 25, Hamlet of East Marion, Town of Southold; and WHEREAS, a Zoning Board of Appeals Variance (Appl. No. 4981)was issued on August 16, 2001 granting relief of the minimum road frontage and lot widths for Lots 1 and 2; be it therefore RESOLVED, that the Southold Town Planning Board grant sketch plan approval to set off a 2.29 acre lot from the 5.43 acre lot with the following conditions: 1. Show on the map, a building envelope limited to 40,000 square feet for Lot 1. 2. The Planning Board is requesting a common driveway over the existing pave drive; please revise the map to read "common driveway". 3. The following restrictions must be contained in a Declaration of Covenants and Restrictions. A draft Declaration must be submitted for Planning Board's review prior to filing. i. No further subdivision is permitted of either Lot 1 or Lot 2 in perpetuity; ii. Lots 1 & 2 shall be accessed by the existing curb cut with Main Road (S.R. 25) and the existing driveway to be designated as a common driveway on the final subdivision map. Each of the lot owners shall use the common driveway and shall be responsible for equal costs of repairing and maintaining the common driveway. No future curb cut along Main Road (S.R. 25) to gain ingress or egress to Lot 1 is permitted; Southold Town Planning Board Page Seventeen March 11, 2002 iii. The deed for Lot 1 must reflect access over the common driveway. Mr. Latham: 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, Mr. Latham. Chairman Orlowski: Opposed? The motion carries. Mr. Cremers: In addition — BE IT FURTHER RESOLVED, that the Southold Town Planning Board start the SEAR lead agency coordination process for this unlisted action. Mr. Caggiano: 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, Mr. Latham. Chairman Orlowski: Opposed? The motion carries. ********** Sketch Extensions: Chairman Orlowski: Baxter Sound Estates - This proposed minor subdivision is for 2 lots on 4.65 acres. The property is located on Oregon Road, west of Bridge Lane in Cutchogue. SCTM#1000-72-2-2.1 Mr. Edwards: Mr. Chairman, I'll offer the following resolution: WHEREAS, the proposed minor subdivision is for 2 lots on 4.65 acres in the R-80 and A-C Zoning Districts; and WHEREAS, the Southold Town Planning Board granted sketch plan approval on February 12, 2001 on the map, dated December 20, 2000, and this approval expired on August 12, 2001; and WHEREAS, the applicant has received one extension of sketch plan approval to February 12, 2002; and WHEREAS, the applicant is requesting a second, six (6) month extension from February 12, 2002 to August 12, 2002; and 'T"o2 Southold Town Planning Board Page Eighteen March 11, 2002 WHEREAS, the applicant is in the process of securing the Suffolk County Department of Health permits for the action; be it therefore RESOLVED, to grant a six (6) month extension from the above date, retroactive from February 12, 2002 to August 12, 2002 for the proposed minor subdivision Baxter Sound Estates. 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, Mr. Latham. Chairman Orlowski: Opposed? The motion carries. ********** Chairman Orlowski: Persistence Properties - This proposal is to set off a 1.99 acre parcel from an existing 7.87 acre parcel. The property is located on the north side of CR 48, 941' northeast of Cox's Lane in Cutchogue. SCTM#1 000-84-1-10.1 Mr. Latham: Mr. Chairman, I'll offer this: WHEREAS, the applicant proposes to set off 1.99 acres (Lot 1) from 7.87 acres (Lot 2) in the A-C Zoning District; and WHEREAS, the Southold Town Planning Board granted sketch plan approval on April 16, 2001 on the map dated March 19, 2001; and WHEREAS, the Southold Town Planning Board initiated the lead agency SEQR on April 16, 2001; and WHEREAS, the Southold Town Planning Board granted a Negative Declaration on May 14, 2001; and WHEREAS, the sketch plan approval was extended to January 16, 2002; and WHEREAS, the applicant is requesting a six (6) month extension from the above date, retroactive to January 16, 2002, the expiration date of the first granted extension; and WHEREAS, this is the second request for extension of sketch plan approval; be it therefore RESOLVED, to grant a six (6) month extension from January 16, 2002 to July 16, 2002. � 5 Southold Town Planning Board Page Nineteen March 11, 2002 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, Mr. Latham. Chairman Orlowski: Opposed? The motion carries. ********** Chairman Orlowski: John Tuthill - This proposal is for a clustered set-off of a 0.574 acre lot from an existing 35.918 acre parcel. The parcel is located on the southwest corner of the intersection of Main Road & Rackett's Court in Orient. SCTM#1000-17-6- 14.1 Mr. Cremers: Mr. Chairman, I'll offer the following: RESOLVED that the Southold Town Planning Board grant a retro-active six-month extension of conditional sketch plan approval from February 13, 2002 to August 13, 2002. Conditional sketch plan approval was granted on August 13, 2001. 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, Mr. Latham. Chairman Orlowski: Opposed? The motion carries. ********** Chairman Orlowski: Paradise Isles - This proposed minor subdivision is for 4 lots on 30.619 acres located on the north side of Island View Lane; 234.18 feet west of Bayshore Road and on the south side of August Lane in Southold. SCTM#1000-53-6- 46.2 and 57-2-1.1 Mr. Edwards: Mr. Chairman, I'll offer the following resolution: RESOLVED that the Southold Town Planning Board grant a retro-active six-month extension of conditional sketch plan approval from September 15, 2001 to March 15, 2002. Conditional sketch plan approval was granted on September 30, 1996. Mr. Cremers: Second the motion. 1 1 Southold Town Planning Board Page Twenty March 11, 2002 Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Chairman Orlowski: Opposed? The motion carries. ******************** SITE PLANS Bond Determinations: Chairman Orlowski: Laurel Links, Ltd. - This approved project is located in Mattituck. SCTM#1000-125-3-13, 15, 17; SCTM#1000-125-4-21, 24.1 and SCTM#1000-126-7-1 Mr. Caggiano: Mr. Chairman, I'll offer the following: RESOLVED, to adopt the revised Bond Estimate in the amount of$522,825.00, dated February 27, 2002, for Laurel Links, Ltd. as determined by the Town Engineer, and recommend same to the Town Board. The construction of the subdivision is approximately 40% complete and the revised Bond Estimate indicates the percentage of construction items completed to date and reflects the estimated cost of work remaining. 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, Mr. Latham. Chairman Orlowski: Opposed? The motion carries. Mr. Caggiano: BE IT FURTHER RESOLVED, that a Letter of Credit in the amount of$50,000.00 issued on October 13, 2000 and drawn on the Bridgehampton National Bank for the purpose of clearing, grading and replacement of excavated materials relating to the construction of the Golf Course, be approved for release as determined by a letter, dated February 27, 2002, from the Town Engineer, and recommend same to the Town Board. Mr. Edwards: Second the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Southold Town Planning Board Page Twenty-One March 11, 2002 Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr.-Edwards, Mr. Latham. Chairman Orlowski: Opposed? The motion carries. SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Lead Agency Coordination: Chairman Orlowski: First Baptist Church of Cutchogue - This proposed site plan is for a new 9,630 sq. ft. church on 3.68 acres. The property is located on CR 48, 750' west of Alvah's Lane in Cutchogue. SCTM#1000-101-1-14.5 Mr. Cremers: Mr. Chairman, I'll offer the following: BE IT RESOLVED that the Southold Town Planning Board start the lead agency coordination process on this unlisted action. 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, Mr. Latham. Chairman Orlowski: Opposed? The motion carries. ******************** APPROVAL OF PLANNING BOARD MINUTES Chairman Orlowski: Board to approve the May 29, 2001 minutes. Mr. Caggiano: 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, Mr. Latham. Chairman Orlowski: Opposed? The motion carries. OTHER 4(p Southold Town Planning Board Page Twenty-Two March 11, 2002 Request for Site Plan Waiver: Chairman Orlowski: KeySpan Temporary Substation - This proposed temporary substation will be located on the south side of Sound Avenue, east of Cox Neck Road in Mattituck. SCTM#1000-121-5-1.1 They have asked to waive it since they're just putting this up temporarily and eventually all of that whole substation will be removed from Mattituck. IT entertain a motion. Mr. Latham: WHEREAS, KeySpan Energy, acting as an agent for LIPA, is planning to construct a temporary electric substation at the above location, which will be leased from the Suffolk County Water Authority for a period not exceeding nine months commencing June, 2002; and WHEREAS, the temporary transformer will sit approximately 16 ft. above grade and will be installed on pre-cast concrete beams, enclosed by a 60 ft. by 60 ft. fenced area spread with Dolomite. The fence will be 7 ft. height standard chain link, with a 1ft. barbed wire extension along the top for security purposes; and WHEREAS, temporary poles will be installed along the access and egress easements to allow electrical power to transition from the LIPA power infrastructure to the temporary substation transformers via overhead distribution feeders; and WHEREAS, upon completion of the new Jamesport substation in December, 2002, this temporary substation will be disconnected from service, removed, and the temporary site completely restored; and WHEREAS, the long range plan includes complete removal of the old Mattituck substation on the south side of Middle Road (Route 48), east of Cox Neck Road, in the year 2004, and KeySpan/LIPA agreed, in a letter dated February 6, 2002, to remove all structures, equipment, and buildings and will not use the Mattituck site to store equipment, material and or vehicles and that the site will be restored to a state that will be aesthetically pleasing to the surrounding community; and WHERAS, due to the temporary nature of the equipment and the footings for the proposed Sound Avenue substation, KeySpan/LIPA has requested the Town of Southold to grant a site plan waiver, and WHEREAS, KeySpan/LIPA has submitted a plan, elevation drawings, and details on surveys received on January 30, 2002 describing the temporary substation installation, and WHEREAS, the Town of Southold recognizes the critical nature of the need to provide adequate and uninterrupted electrical power during the temporary transmission conversion period by using substations to distribute power loads; and Southold Town Planning Board Page Twenty-Three March 11, 2002 WHEREAS, any violation of the conditions of this resolution may be grounds for rescinding this waiver; be it therefore RESOLVED, that the Southold Town Planning Board grant a waiver of site plan requirements. 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, Mr. Latham. Chairman Orlowski: Opposed? The motion carries. There is nothing left on our public agenda right now. If anybody would like to make any comments on the record, they can do so. We are going to adjourn and go into a Work Session. I'll ask if anyone would like to make any comments? (No one wished to be heard.) I'll entertain a motion to adjourn. Mr. Caggiano: So move. Mr. Edwards: Second. Chairman Orlowski: Motion made and seconded. All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Chairman Orlowski: Opposed? The motion carries. There being no further business to come before the Board, the meeting was adjourned at 6:45 p.m. Respectfully submitted, Carol Kpalin Bennett Orlo ski, Jr., Chairman Barbara Rudder