Town of Southampton CHAIRPERSON

AGENDA SOUTHAMPTON TOWN PLANNING BOARD

January 17, 2002

MORNING WORK SESSION: 10:00 a.m.

1.ab ERIC RAMME (Noyack) Discussion of pre-application (deemed incomplete) and request for covenant amendment for a transfer and subdivision involving multiple transfers in order to enable the subdivision of SCTM parcel 900-13-1-79.24 into two lots, with a road proposed at the southerly access to Millstone Road, situate on the west side of Millstone Road, approximately 425 feet south of Noyack Road (CR 38), Noyac (SCTM No. 900-13-1-72.4, 79.14, & 79.24)

2.ab COMMUNITY BIBLE CHURCH (Noyack) Review ZBA referral for requested variances from §330-115B. (Expansion of a pre-existing, non-conforming use); §330-167B.(1)(b) (Conformance with parking requirements); §330-100A.(2) (Off-street parking requirements); and §330-84D. (Pyramid Law) in association with a site plan/wetlands permit application before the Planning Board for a 20’ x 26’ two story addition to an existing church in order to enlarge the congregation room and create an event room with associated site improvements and the addition of seven parking spaces, situate in an R-40 Zoning District, on the north side of Noyack Road (C.R. 38), approximately 662 feet east of Maple Lane (SCTM No. 900-4-1-5 & 6)

3.dw RICHARD SELLENTIN (Bridgehampton) review pre-application report (deadline for adoption is January 17, 2002) for a three (3) lot reduced yield plan and a three (3) lot reduced yield planned residential development on a 3.018 acre tract of land, located on the east side of Lumber Lane, approximately 973 feet south of Sea Farm Lane, Bridgehampton (SCTM No. 900-52-2-39)

4.dw RED CREEK ESTATES (Hampton Bays)

review pre-application report (deadline for adoption is January 17, 2002) for a nine (9) lot cluster plan with 4.92 acres of open space and a nine (9) lot standard plan on a 14.473 acre tract of land, situate in the R-60 Zoning District and the Aquifer Protection Overlay District, located on the north side of Riverhead Road, approximately 346 feet east of Squires Boulevard, Hampton Bays (SCTM No. 900-205-2-97.1 & 97.2

Town of Southampton 116 Hampton Road

Southampton , NY 11968

PLANNING BOARD

Telephone 631 287-5735 Fax 631 287-5706

CHAIRPERSON DENNIS FINNERTY

VICE CHAIRPERSON

JAMES V. ZIZZI

SECRETARY E. BLAIR McCASLIN

BOARD MEMBERS

MARGARET CARAHER LAWRENCE TOLER JOHN J. BLANEY ROSALIE TUTINO

PLANNING BOARD JANUARY 17, 2002 PG. 2

Planning Board Agenda January 17, 2002 2

5.dw A & E CLUB PROPERTIES, INC. (Mecox)

consider amendment to final conditional approval, which expires on March 10, 2002 (no further extensions permitted) (SCTM No. 0900-134-4-2)

AFTERNOON REGULAR MEETING: 1:00 p.m. Applications are scheduled to begin at 1:00 p.m. or shortly thereafter. These meetings are public, however, they do not constitute a public hearing as required by law. Testimony may not be solicited nor received. The Planning Board may add or remove applications from the Agenda without further notice. Applications may not be heard in the order as they appear on this agenda. The Planning Board’s agenda may be viewed on the internet at the following address after 5:00 p.m. every Wednesday: www.town.southampton.ny.us See Public Service Announcements. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES: AUGUST 23, 2001;SEPTEMBER 13, 2001; OCTOBER 25, 2001 EXTENSIONS – 1:05 p.m. SUBDIVISIONS: SITE PLANS:

1.kc/wr CLAY POTATO, INC. (Bridgehampton) Extension of special exception approval (expires January 17, 2002) for a pottery school, with accessory sales of pottery (SCTM No. 900-85-1-4.11)

DEVELOPMENT ACTIONS SUBDIVISIONS: 2.ab THOMAS JACKSON (Shinnecock Hills)

Deadline for adoption of pre-application report is January 17, 2002 for a four lot standard subdivision, with alternative four lot cluster plan, for a 4.843 acre tract of land, situate in the R-40 Zoning District, on the west side of Bathing Beach Road, north of Sunrise Highway Extension (SR 27), approximately 487 feet south of North Road (CR 39) (SCTM No. 900-191-3-21)

http://www.town.southampton.ny.us/



3.ab WILLIAM AND SUSAN SINCLAIR (East Quogue)

Determine completeness of final application, and SEQR status if complete, for a proposed two-lot subdivision of a 0.861 acre tract of land, situate within the R-20 Zoning District, on the west side of Central Avenue, approximately 444 feet north of Montauk Highway, East Quogue (SCTM No. 900-340-1-42)

4.ab TIANA WOODS, LOT 10 (Kandell) (East Quogue) Review amended site disturbance plan for Robert N. Kandell (SCTM No. 900-289-2-13.10)

5.ab PARRISH POND ASSOCIATES (Tuckahoe) Amend adopted resolution of December 20, 2001, which reduced the performance bond amount from $635,707.50 to $212,000.00 (1/3 amount) for the construction of the road and drainage improvements, to extend the term from March 31, 2002 to December 13, 2002, subject to receipt of a copy of a snow removal contract valid through December of 2002 (SCTM No. 900-211-1-9, 6.4, 6.5, 6.6, & 6.7)

6.dw RICHARD SELLENTIN (Bridgehampton) deadline for adoption of pre-application report (January 17, 2002) for a three (3) lot reduced yield plan and a three (3) lot reduced yield planned residential development on a 3.018 acre tract of land, located on the east side of Lumber Lane, approximately 973 feet south of Sea Farm Lane, Bridgehampton (SCTM No. 900-52-2-39)

7.dw RED CREEK ESTATES (Hampton Bays) deadline for adoption of pre-application report (January 17, 2002) for a nine (9) lot cluster plan with 4.92 acres of open space and a nine (9) lot standard plan on a 14.473 acre tract of land, situate in the R-60 Zoning District and the Aquifer Protection Overlay District, located on the north side of Riverhead Road, approximately 346 feet east of Squires Boulevard, Hampton Bays (SCTM No. 900-205-2-97.1 & 97.2

8.wr JEAN GILMARTIN (Tuckahoe)

consider need for final hearing (application was complete as of January 14, 2002 with the submission of the additional application fee) for the subdivision consisting of a two (2) lot standard subdivision of a 2.214 acre tract of land, situate in the R-40 Zoning District, located on the west side of West Neck Road, Tuckahoe (SCTM No. 0900-111-2-19)

9.dw VITO & ANN GERARDI (North Sea) - Lot Line Modification / Transfer consider conditional transfer approval for a lot line modification consisting of a mutual area transfer of 2,248 square feet between two existing lots situate in the R-20 Zoning District, located on the northeast side of North Sea Road and the south side of Milton Road, North Sea (SCTM No. 0900-112-02-3.7 & 52.1)



10.dw A & E CLUB PROPERTIES, INC. (Mecox)

consider amendment to final conditional approval, which expires on March 10, 2002 (no further extensions permitted) (SCTM No. 0900-134-4-2)

11.dw WILLIAM DOVALE, SR. (Speonk)

consideration of EAF Part II and SEQRA Determination for a subdivision consisting of a six (6) lot planned residential development with a __________ acre open space area on a 6.807 acre tract of land situate in the CR-40 zoning district located on the west side of North Philips Avenue at the intersection with the Long Island Rail road and at the easterly terminus of Jessie Lane, Speonk (SCTM No. 0900-350-3-90.1)

12wr/dwDEERFIELD ESTATES (Water Mill) authorize extension of performance bond obligation for the construction of the common driveway from October 1, 2001 to June 30, 2002, with new security having an expiration date no earlier than December 31, 2002 in the current amount of the $38,300.00, as recommended by the Town Engineer by memo dated January 3, 2002, subject to the receipt of a copy of a contract for removal of snow through April 30, 2002 and subject to receipt of new bond agreement, security and snow removal contract no later than February 13, 2002 otherwise the current bond agreement will be recommended for default action by the Town Board

13.dw CALDWELL HOMES (Bridgehampton) set performance bond amount at $154,700.00, as recommended by the Town Engineer by memo dated December 11, 2001, set obligation date of December 31, 2002 with security having an expiration date no earlier than June 30, 2003 and require submission of performance bond agreement, security and contract for snow removal through April 30, 2003 prior to the issuance of any building permits

14.dw DEERFIELD MEADOWS (Water Mill) authorize reduction of the performance bond security for the road and drainage improvements from $223,200.00 to $74,500.00 (1/3 of the full performance bond cost estimate), as recommended by the Town Engineer by memo dated December 11, 2001 and the extension of performance obligation date from September 17, 2001 to September 17, 2002 with new security having an expiration date no earlier than March 31, 2003 in the reduced amount of $74,500.00, subject to the receipt of a copy of a contract for removal of snow through December 31, 2002 and subject to receipt of a new bond agreement, security and snow removal contract no later than February 13, 2002 otherwise the current bond agreement will be recommended for default action by the Town Board

SITE PLANS:



15.csv MARANO (Hampton Bays) Acknowledge signature of amended site plans (SCTM No. 900-255-1-1.1).

16kc/wrKENNETH GERACI (North Sea) Acknowledge signature of site plans (SCTM# 900-95-1-26.1).

17,csv HAMPTON HEALTH CARE, INC. (Hampton Bays)

Consider final action on a site plan/special exception application for a new medical office use in an existing building, situate in the Office Business (OD) Zoning District, on the south side of Montauk Highway, approximately 768 feet west of Springville Road, Hampton Bays (SCTM No. 900-222-1-21).

18.csv EAST END TRANSMISSIONS (Westhampton)

Action deadline is January 17, 2002 for a site plan/special exception application for a change of use to an automotive repair shop on an existing improved site, situate on the west side of Westhampton Riverhead Road (CR 31) in the LI-40 Zoning District (SCTM No. 900-311-1-8.3).

19.csv JAB PROPERTIES ASSOCIATES, LP (North Sea) Discussion of the Site Plan/Special Exception application (deadline is January 24, 2002) for construction of a 17,185 sq. ft two-story building, associated with a motor vehicle dealership, situate in the Highway Business Zoning District, on the northerly side of County Road 39A, east of North Main Street, North Sea (SCTM# 900-132-2-27).

20.csv HAYGROUND NURSERY, INC. (Water Mill) Determine completeness of application for construction to permit a 28’ by 80’

greenhouse with associated parking, on a 47.3-acre parcel (Town Purchase of Development Rights) situate in the CR-80 Zoning District, on Hayground Road, 0 feet from the Long Island Railroad, Water Mill (SCTM No. 900-81-3-27.27)

TOWN BOARD REFERRALS 21.ab JACKSON ASSOCIATES PDD (REYLEA-FRENCH)

Distribution of Town Board referral materials, to be discussed at January 31, 2002 Planning Board meeting

ZBA REFERRALS 22.ab ALICE DEGENARO (Hampton Bays)

Review ZBA referral for variances requested from §169-15 B. (construction in V Zones) and §330-84 D. (Pyramid Law). The applicant is proposing a second floor addition to the existing dwelling with a second floor deck, a first floor addition, and deck. The subject parcel is located on the south side of Montauk Highway, approximately 125 feet east of Crab Road, north of Shinnecock Bay, Hampton Bays, in the RWB Zoning District (SCTM No. 900-230-3-24)



23.csv JEROME BLOOMBERG (Westhampton)

Review ZBA referral for the request of relief from Section 330-115 D. and interpretation of Building Inspector’s denial of building permit (Section 330-165.A.) for a 67,580 sq. ft. parcel in the R-80 Zoning District, situate on Bay Meadow Lane, approximately 740 feet west of Sandpiper Court, Westhampton (SCTM No. 900-382-1-17.8).

OLD FILED MAPS ROAD ABANDONMENTS STAFF COMMENTS



Southampton Town Planning Board Special Meeting of JANUARY 17, 2002 -1:00 P.M. COMMUNICATIONS: A letter was received January 10, 2002, from Arthur DiPietro, Esq., enclosing twelve copies of plans and check in the amount of $600.00 in connection with the subdivision of ANTHONY J. LEANZA, JR. A fax was received on January 10, 2002, from David J. Gilmartin, Esq., requesting for reauthorization of the pre-application report in connection with the subdivision map of JEAN GILMARTIN. A memorandum addressed to Gilbert S. Foster, Chairman, Conservation Board, was received on January 10, 2002, from Shawn M. Barron, Environmental Analyst, in connection with the subdivision map of WEST NECK ESTATES, situate at North Sea. A fax was received on January 10, 2002, from Kerin Rea Guidera, Esq., requesting an extension of time for final action until January 17, 2002 in connection with the site plan/special exception of EAST END TRANSMISSIONS. A fax was received on January 10, 2002, from Arthur DiPietro, Esq., requesting a a waiver of the cluster requirement in connection with the subdivision map of ANTHONY J. LEANZA, JR. A transmittal letter was received on January 10, 2002, from Mr. Joseph Lombardi enclosing eleven sets of revised plans with approved conditions and signed statement, eight copies of the Affidavit signed by the applicant in connection with the site plan for EQUUS ASSOCIATES. A deed and Title Certification were received on January 10, 2002, from Richard Mathew, Esq., in connection with the subdivision map of NETTIE F. BERDINKA. A fax was received on January 10, 2002, from Bill Kelly, Morton Buildings, Inc., requesting a forty-five day extension in connection with the special exception/site plan for B.M.C. PARTNERS. Letters were received on January 10, 2002, from Mr. Jack Greenberg; Robert & Melissa McNamara expressing his concerns in connection with the subdivision map of RED CREEK ESTATES. A letter was received on January 10, 2002, from Donald Jewell, Architect, enclosing an original and seven applications, eight cluster plans and eight plans in connection with the subdivision map of ALEX DEMETRIADES, situate at Westhampton. Reports were received on January 10, 2002, from Scott W. Davonski, Fire Marshal, in connection with the subdivision maps of SOUTHAMPTON ENTERPRISE ZONE, LLC,



situate at Riverside; DONALD & LAWRENCE D’AMATO, situate at Sag Harbor; WEST NECK ESTATES, situate at North Sea; site plan of THOMAS BROPHY, situate at Tuckahoe. A copy of a letter addressed to Martin Shea, Chief Environmental Analyst, was received on January 10, 2002, from Mr. Mark C. Matthews enclosing a current survey map showing the improvements to the property and the areas that have been re-vegetated regarding the re-vegetation – YABLON Property in connection with the subdivision map of WATER MILL HEIGHTS. A report was received on January 10, 2002, from Suffolk County Department of Planning in connection with the site plan/special exception of THOMAS BROPHY. A letter was received on January 10, 2002, from Kerin Rea Guidera, Esq., requesting an extension of time for final action until January 17, 2002, in connection with the site plan/special exception of EAST END TRANSMISSIONS. A letter was received on January 10, 2002, from Ms. Jodi-Ann Cheek expressing her concerns in connection with the subdivision map of RED CREEK ESTATES. A letter was received on January 10, 2002, from Michael G. Walsh, Esq., enclosing a copy of resolution dated September 23, 1997, regarding private wells in connection with the subdivision map of SALT MEADOW, LLC (JOSHUA & JULIA RUCH), situate at Hampton Bays. A letter was received on January 10, 2002, from Ms. Maria Silecchia in opposition of the project in connection with the subdivision map of RED CREEK ESTATES. Copies of reports were received on January 11, 2002, from William S. Shannon, P.E., Chief Engineer, Suffolk County Department of Public Works, in connection with the subdivision maps of MITCHELL MEZYNIESKI; WEST GATE. Two sets of plans were received on January 11, 2002, from Mr. John Marano in connection with the site plan MARANO. A fax was received on January 11, 2002, from Mr. Richard Van de Kieft requesting an extension until February 14, 2002, in connection with the site plan for BOFILL MARINE, situate at Shinnecock Hills. A fax was received on January 11, 2002, from Douglas R. Penny, Esq., in connection with the site plan/wetlands of MARANO. A letter was received on January 11, 2002, from Kerin Rea Guidera, Esq., enclosing a performance bond and letter of credit in connection with the subdivision map of THE PASTURE AT MECOX.



A letter was received on January 11, 2002, from Ms. Lillian C. Anderson in opposition of the project in connection with the subdivision map of EDWARD LEDERMAN, situate at Bridgehampton. A letter was received on January 11, 2002, from Mr. Kenneth M. Troyan expressing his concerns in connection with the subdivision map of RED CREEK ESTATES. Reports were received on January 11, 2002, from Southamtpon Town Trails Advisory Board in connection with the subdivision map of WEST NECK ESTATES; SOUTHAMPTON ENTERPRISE ZONE, LLC. A fax was received on January 14, 2002, from Mr. Richard Van de Kieft enclosing site data in connection with the subdivision map of PATRICIA TOPPING. A fax was received on January 14, 2002, from Kerin Rea Guidera, Esq., in connection with the site plan for EAST END TRANSMISSIONS. A letter was received on January 14, 2002, from Mr. Richard Van de Kieft requesting a extension until February 14, 2002, in connection with the site plan for BOFILL MARINE, situate at Shinnecock Hills. A letter was received on January 14, 2002, from Douglas R. Penny, Esq., enclosing three copies of the revised yield map in connection with the subdivision map of THOMAS JACKSON, situate at Shinnecock Hills. A report was received on January 14, 2002, from Scott W. Davonski, Fire Marshal, in connection with the subdivision map of SAGAPONACK VENTURES, LLC. A fax was received on January 14, 2002, from David J. Gilmartin, Esq., in connection with the site plan of HAMPTON CLASSIC. A fax was received on January 14, 2002, from Mr. Richard Van de Kieft enclosing a copy of the Environmental Assessment Form, Part I, in connection with the subdivision map of HAYGROUND FARMS. Notices were received on January 14, 2002, from Southampton Newspapers in connection with the subdivision maps of DONALD & LAWRENCE D’AMATO, situate at Noyack; PARSONAGE LANE FARMS, situate at Sagaponack; CHICKEN BRIAR HILL, situate at Eastport; WEST NECK ESTATES, situate at West Neck; KELLIS POND LLC – LOT 2, situate at Bridgehampton; land transfer of GRUNBERG & LUBONTY, situate at Shinneock Hills; site plan/special exception of SCUTTLEBUT ASSOCIATES, INC., situate at Bridgehampton; IMPORT REALTY II.



Received on January 14, 2002 an application for a Site Plan entitled “BAY WATCH MOTEL & MARINA” four (4) property survey’s, one (1) proposed office addition survey, one (1) sheet of notes and a check in the amount of five hundred dollars and zero cents ($500.00), check #3023. Received on January 14, 2002 additional material for JOHN J. SIEGMUND application that was previously submitted. Those materials consisted of Water Service Provider, correct final subdivision application fee of six hundred dollars, ($600.00), check # 0390, indication of monuments around lot #1 and eight (8) EAF Forms. Received on January 14, 2002 from David Gilmartin a check for the application “JEAN GILMARTIN” in the amount of six hundred dollars ($600.00) check # 426. This was an addition to the original application. Reports were received on January 15, 2002, from Bridgehampton Fire District in connection with the site plan of SCUTTLEBUT ASSOCIATES, INC.; subdivision maps of SAGAPONACK VENTURES, LLC; TATERFIELDS, LLC. A report was received on January 15, 2002, from Louise McGuinn, Acting Chairperson, Planning Board of the Village of Southampton, in connection with the site plan for HAMPTON GLASS & MIRROR, INC. A notice was received on January 15, 2002, from Marietta Seaman, Town Clerk, advising that a resolution was adopted at their meeting held on January 11, 2002: accepted performance bond agreement submitted to guarantee the installation of plant material in accordance with a landscaping plan approved by the Planning Board of the Town of Southampton on November 29, 2001 in connection with the site plan of LONG ISLAND RESOURCES CORP. (PIER I), situate at Water Mill. A letter was received on January 15, 2002, from Mr. Richard van de Kieft requesting a waiver of the application fee and enclosing a copy of a letter dated November 30, 2000, signed by Randall C. Weichbrodt, Esq., Town Community Preservation Manager, and a copy of pages 1 & 2 of the agreement in connection with the subdivision map of HAYGROUND. Received on January 16, 2002 from Rick Van de Kieft regarding CYNTHIA SUSKIND (Bridgehampton) application. Enclosed is a final application form, one (1) copy signed, final plat signed by the SCDHS, Country Lane & Drainage Plan, ten (10) prints, letters from Bridgehampton School District SCWA, LIPA and CATV, Environmental Assessment Form, three (3) copies, a check for one thousand, five hundred dollars and zero cents ($1,500.00) check #359.



Received on January 16, 2002 from Jim Walker of Inter-Science, an application for a Wetlands Permit. Along with the application is seven (7) prints of the survey, seven (7) prints of the demolition plans, five (5) copies of the application form and a check for the filing fee of one hundred dollars and zero cents ($100.00) check # 15093. A fax was received on January 16, 2002, from Erin Rea Guidera, Esq., enclosing a copy of a letter from Fidelity National Title in connection with the site plan for EAST END TRANSMISSIONS. A letter was received on January 16, 2002, from Kara L. Bak, Esq., enclosing the following documents: Petition; Order of Superintendent of Highways; Title Certification; Deed; Transfer Gains Tax Affidavit; Real Property Report; Peconic Bay Region Report; Suffolk County Clerk’s cover sheet regarding Dedication of Roadway and Associated Recharge Area in connection with the subdivision map of HICKORY BEND. A letter was received on January 16, 2002, from Ms. Louise Fleury; Eydie Reimo in opposition of the project in connection with the site plan for HTL LLC, situate at Eastport. A letter was received on January 16, 2002, from Wayne D. Bruyn, Esq., enclosing four prints of the final road and drainage plans in connection with the subdivision map of FGH CORP. A fax was received on January 16, 2002, from Mr. Don Sachar, Co-Chairman, Sagaponack Citizens Advisory Committee in connection with the subdivision map of SAGAPONACK VENTURES. A transmittal letter was received on January 16, 2002, from Kerri Pogue, Environmental Planner, Inter-Science Research Associates, Inc., enclosing two maps in connection with the DINER PROPERTIES, situate at Noyack. A letter was received on January 16, 2002, from John J. Bennett, Esq., enclosing a copy of the Maintenance Bond in connection with the subdivision map of MILL POND AT WESTHAMPTON. A letter was received on January 16, 2002, from John J. Bennett, Esq., requesting one-year extension in connection with the subdivision map of ROBERT SCARLATA. A fax was received on January 16, 2002, from Martin R. Gilmartin in connection with the land transfer of BARBARA DIETZ (TO FERRERI & LYNCH). A letter was received on January 16, 2002, from Kerin Rea Guidera, Esq., enclosing a Performance Bond in connection with the subdivision map of THE PASTURE AT MECOX. A memorandum was received on January 16, 2002, from Barbara Labrador, Chairwoman of the Zoning Board of Appeals, enclosing an application and survey in connection with the ZBA application for THOMAS & KATHERINE WOODS – SCTM#900-258-4-30.1.



A report was received on January 16, 2002, from Edward J. McCarthy, P.E., Director of Engineering, enclosing a Performance Bond Estimate in connection subdivision map of SCUTTLEBUT FARMS. AFTERNOON: REGULAR MEETING JANUARY 17, 2002 10:00 A.M. CALL TO ORDER: The Chair called the meeting to order at 10:11 a.m. ROLL CALL: The Secretary called the roll. Members present: Dennis Finnerty, Chair; E. Blair McCaslin, Secretary; Margaret Caraher; Lawrence Toler. (James Zizzi, Vice-Chair; John Blaney; Rosalie Tutino, absent) ERIC RAMME (NYK): Eric Ramme, applicant, stated he is attempting to divide a lot in half and there was a covenant placed on the property some twenty years ago, the Grundbesitzer application. Mr. Ramme read a letter he wrote to the Board stating he currently owns three lots that are all conforming now and will be conforming after the transfer and subdivision. Mr. Finnerty said this is an Aquifer Protection District core is reduction in density. Mr. Ramme said he purchased the property in 1980 and the Aquifer Protection Overlay District went into effect in 1984 and each lot would be more than three acres. Two lots would be considerably larger than that area, according to Mr. Ramme. Mr. Finnerty noted this is a standard covenant the Board conditions on all maps for further subdivision and you would have to demonstrate the conditions that warrant them being removed. Mrs. Caraher asked Mr. Ramme about his statement that in his records he could find no references in the files. Mr. Ramme read part of the record document regarding the covenant. Staff member Amy Balaban said it appears from the files that unless an alternate access is provided for, it appears the Board changed that covenant to say no further subdivision, period. A & E CLUB PROPERTIES, INC. (MCX): William Esseks, Esq., Esseks, Hefter & Angel; James Walker, Inter-Science Research, Inc., representing applicant, present. Staff member David Wilcox circulated the proposed amendment to the Board. Mr. Esseks suggested ways to deal with the amendment and noted 10% of the lots were released in the section. Mr. Finnerty noted by removing lot #1 it increases the non-conformity. Mr. Esseks said he understood but didn’t think it applies here but will look into the issue of non-conformity and wanted to proceed with the resolution. Mr. Finnerty said in the original conditions it would require the preparation and approval of demolition and restoration plan. Mr. Wilcox read the conditions. Mr. Walker said he thought submissions were made by hand yesterday. Discussion followed. Mr. Walker said there is a wetland permit and Coastal Erosion permit submitted to Art Gerhauser, Building Inspector. Mr. Wilcox read some of the proposed amendments. COMMUNITY BIBLE CHURCH (NYK)-ZBA REFERRAL: Kathleen Gralton, Inter-Science Research Inc., representing applicant; Dr. Eugene Quinn McGee, Sr. Pastor, present. Staff member Amy Balaban reviewed a Zoning Board of Appeals referral on for a hearing



tonight for expansion of a pre-existing, non-conforming use. Ms. Balaban reviewed the staff report and noted there is a site plan/wetland application before the Planning Board. Ms. Balaban reviewed the variances. Ms. Gralton said she was concerned about the wetlands setbacks because the retaining wall is too close to the line. Discussion followed. RED CREEK ESTATES (HB): Douglas Schmeider, applicant. Mr. Wilcox started review of the pre-application report. Because of the late hour the discussion will continue in the afternoon. ADJOURNMENT: Motion to adjourn by Mrs. Caraher, seconded by Mr. McCaslin. Morning work session adjourned at 12:20 p.m. AFTERNOON: REGULAR MEETING JANUARY 17, 2002 1:00 P.M. CALL TO ORDER: The Chair called the meeting to order at 1:17 p.m. ROLL CALL: The Secretary called the roll. Members present: Dennis Finnerty, Chair; James Zizzi, Vice-Chair; E. Blair McCaslin, Secretary; John Blaney; Margaret Caraher; Lawrence Toler. (Rosalie Tutino absent) Also present: Kieran Pape, Counsel. APPROVAL OF MINUTES: Motion to approve the minutes of AUGUST 23, 2001; SEPTEMBER 13. 2001; OCTOBER 25, 2001, by Mr. Zizzi, seconded by Mr. Toler. 6 members of the Board present, in favor. (Ms. Tutino absent) CLAY POTATO, INC. (BH)-special exception: Staff member Will Rau informed the Board the applicant requested a two week extension. 02-041 (1.17) The following resolution was introduced by Mr. Zizzi, seconded by Mrs. Caraher, and duly adopted with the following vote: 6 members of the Board present, in favor. (Ms. Tutino absent)

RESOLVED, that the Special Exception Approval for the application of CLAY POTATO INC. for a pottery school, with accessory sales of pottery is hereby extended from January 17, 2002, until January 31, 2002 at the request of the applicant’s representative Richard M. Mathew by letter dated January 17, 2002 (SCTM No. 900-85-1-4.11).

The resolution was adopted.



KENNETH GERACI (NS)-site plan: Staff member Will Rau informed the Board the applicant requested an extension. 02-042 (1.17) The following resolution was introduced by Mr. Zizzi, seconded by Mr. McCaslin, and duly adopted with the following vote: 6 members of the Board present, in favor. (Ms. Tutino absent)

RESOLVED, the Planning Board hereby grants a thirty (30) day extension from January 18, 2002 until February 16, 2002, for the submission of signed plans for the Site Plan entitled Kenneth Geraci (SCTM# 900-95-1-26.1), as requested on January 17, 2002 by the applicant’s representative, Susanna Butler Herrmann. The resolution was adopted. THOMAS JACKSON (SHLLS): Douglas Penny, Esq., 10 Mill Race, Hampton Bays, representing applicant, present. Staff member Amy Balaban informed the Board the pre-application report was reviewed last month and the Board requested changes to the standard plan. The applicant agreed to make the changes. Ms. Balaban read the amended report and a resolution was read adopting the report. 02-043 (1.17) The following resolution was introduced by Mr. Zizzi, seconded by Mr. Blaney, and duly adopted with the following vote: 6 members of the Board present, in favor. (Ms. Tutino absent)

RESOLVED, the Planning Board hereby adopts the pre-application report dated January 17, 2002 for the Subdivision Map of THOMAS JACKSON, situate in the Residential R-40 Zoning District, on the west side of Bathing Beach Road, approximately 487 feet south of North Road, north of Sunrise Highway Extension, Shinnecock Hills (SCTM No. 900-191-3-21) and this report is valid for a period of 1 year from the date of adoption. The resolution was adopted. WILLIAM & SUSAN SINCLAIR (EQ): Douglas Penny, Esq., 10 Mill Race, Hampton Bays, representing applicant, present. Staff member Amy Balaban informed the Board a final application was previously deemed incomplete and the applicant has submitted the missing items. Ms. Balaban noted this application needed variances and suggested the applicants obtain amended conditions from the ZBA. Discussion followed. A resolution was read waiving the flag lot for lot #2. 02-044 (1.17)



The following resolution was introduced by Mr. Zizzi, seconded by Mrs. Caraher, and duly adopted with the following vote: 6 members of the Board present, in favor. (Ms. Tutino absent)

WHEREAS, a FINAL APPLICATION FOR THE SUBDIVISION MAP OF WILLIAM AND SUSAN SINCLAIR was deemed incomplete by the Planning Board on November 29, 2001, and a new submission was received on January 8, 2002, and

WHEREAS, said application is for a two-lot subdivision of a 0.861 acre tract of land,

situate within the R-20 Zoning District, on the west side of Central Avenue, approximately 444 feet north of Montauk Highway, East Quogue (SCTM No. 900-340-1-42), and

WHEREAS, pursuant to Section 292-38 E., a flag lot located in the R-20 Zoning

District shall contain at least one and a half times the lot area of the zoning district exclusive of the flag strip (30,000 SF), and proposed lot two (2) does not comply with this requirement, with 18,837 SF excluding the flag strip, and

WHEREAS, the Planning Board in its duly adopted pre-application report dated April

27, 2000 outlined the necessary variances and subject flag lot requirement waiver to effectuate the subdivision, and

WHEREAS, by letter dated January 16, 2002, the applicant’s representative, Douglas

Penny, requested a waiver of the flag lot requirement as it applies to lot two (2), and the Planning Board finds this request reasonable.

NOW, THEREFORE, BE IT RESOLVED, that the Planning Board hereby waives

the flag lot requirement for lot two (2) on the Subdivision Map of William and Susan Sinclair, from 30,000 SF to 18,837 SF. The resolution was adopted. A resolution was read deeming the application complete with no final hearing but a 30 day written comment period. 02-045 (1.17) The following resolution was introduced by Mr. Zizzi, seconded by Mr. McCaslin, and duly adopted with the following vote: 6 members of the Board present, in favor. (Ms. Tutino absent)

WHEREAS, a FINAL APPLICATION FOR THE SUBDIVISION MAP OF WILLIAM AND SUSAN SINCLAIR was deemed incomplete by the Planning Board on November 29, 2001, and a new submission was received on January 8, 2002, and

WHEREAS, said application is for a two-lot subdivision of a 0.861 acre tract of land, situate within the R-20 Zoning District, on the west side of Central Avenue, approximately 444 feet north of Montauk Highway, East Quogue (SCTM No. 900-340-1-42), and



WHEREAS, the final application was found to comply with the submission requirements for final minor subdivisions as set forth under § 292-31 of the Southampton Town Code, and

WHEREAS, said application meets the criteria of for classification as a Type II

ACTION pursuant to Article 8 (State Environmental Quality Review Act, SEQRA) of the New York State Environmental Conservation Law and Chapter 157 (Environmental Quality Review) of the Code of the Town of Southampton, and no further environmental review or determinations are required, and

WHEREAS, the subject map is in substantial agreement with the recommendations of the duly adopted Pre-application report dated April 27, 2000, and

WHEREAS, the applicant has obtained the necessary variances from the Zoning Board

of Appeals to effectuate the subdivision, and WHEREAS, by resolution dates January 17, 2002, the Planning Board waived the flag

lot requirement for lot 2, and WHEREAS, in accordance with § 292-30 B of the Southampton Town Code, the

Planning Board is not required to hold a final public hearing but may hold a hearing if circumstances warrant additional public input.

NOW, THEREFORE, BE IT RESOLVED, that the Final Application for the MAP OF WILLIAM AND SUSAN SINCLAIR is hereby deemed complete as of January 17, 2002, and

BE IT FURTHER RESOLVED, that pursuant to § 292-30 (B) of the Southampton

Town Code, a public hearing is not required but a public comment period shall be provided until the close of the business day on February 15, 2002 and public comments shall be addressed to the Planning Board of the Town of Southampton, 116 Hampton Road, Southampton, NY 11968. The resolution was adopted. RED CREEK ESTATES (HB): Douglas Schmeider, applicant, present. Continues from the Morning Work Session. Staff member David Wilcox and the Board discussed utilities. Mr. Toler noted there was a question about the water pressure. Mr. Schmeider said the man who brought up the question is a foreman at the Water District and asked them to write verifying there is no pressure. They said no. Mr. Zizzi said he attended a meeting with Steve Jones, Suffolk County Water Authority, and the responsibility of a public utility is to provide adequate pressure. Discussion followed. Mr. Schmeider said he will submit a preliminary map. A resolution was read adopting the report. 02-046 (1.17)



The following resolution was introduced by Mr. McCaslin, seconded by Mr. Blaney, and duly adopted with the following vote: 6 members of the Board present, in favor. (Ms. Tutino absent)

RESOLVED, that the Pre-Application Report dated January 17, 2002 for the Subdivision Map of Red Creek Estates, located on the north side of Riverhead road, approximately 346 feet east of Squires Boulevard, Hampton Bays, is hereby adopted as the report of the Planning Board and said report is valid until January 17, 2003. The resolution was adopted. TIANA WOODS LOT 10 (KANDELL) (EQ): Staff member Amy Balaban informed the Board they requested this be referred to Marty Shea, Chief Environmental Analyst, who visited the site and made corrections on the map saying the clearing line wasn’t accurate. A site disturbance plan for the pool and related structures and revegetated areas in order to obtain 60%. The house has a c.o. and Mr. Shea recommended revegetation be completed before a permit for the pool. Mr. Zizzi said there should be a survey that accurately depicts the plan. PARRISH POND ASSOSCIATES (TCKHO): Staff member Amy Balaaban informed the Board this was on last week for a reduction in the performance bond amount and the resolution did not extend the term of the bond agreement. The applicant submitted a new bond and staff recommends extending the term subject to submission of a snow removal contract. Mr. Finnerty said they didn’t need snow removal yet since only one house is built. Mr. Blaney mentioned the applicant can obtain a two year contract. 02-047 (1.17) The following resolution was introduced by Mr. Toler, seconded by Mr. Zizzi, and duly adopted with the following vote: 5 members of the Board in favor; 1 abstained, Mrs. Caraher; 1 absent, Ms. Tutino.

RESOLVED, that the duly adopted Planning Board resolution dated December 20, 2001, setting a reduced performance bond amount of $212,000.00, is hereby amended to extend the term of the substitute bond agreement from March 31, 2002 to December 13, 2002, and to make the bond reduction and extension SUBJECT TO receipt of a copy of a snow removal contract valid for a period of two years. The resolution was adopted. Mr . Zizzi left the meeting at 2:00 p.m.



JACKSON ASSOCIATES PDD (REYLEA-FRENCH) (HB)-TOWN BOARD REFERRAL: Staff member Amy Balaban informed the Board this was on the agenda to acknowledge the distribution of materials. ALICE DEGENARO (HB)-ZBA REFERRAL: Staff member Amy Balaban reviewed a referral for variances for a proposed second floor addition to an existing dwelling with a second floor deck, first floor addition and deck and noted a referral was made to Walter Bundy regarding FEMA. Ms. Balaban read Mr. Bundy’s coments regarding the subject property. Mr. Zizzi returned at 2:09 p.m. Discussion followed. A resolution was read forwarding the report to the ZBA. 02-048 (1.17) The following resolution was introduced by Mr. McCaslin, seconded by Mr. Blaney, and duly adopted with the following vote: 5 members of the Board in favor; 1 abstained Mr. Zizzi; 1 absent Ms. Tutino.

RESOLVED, that the Planning Board Advisory Report dated January 17, 2002, regarding Zoning Board of Appeals application #010157 for Alice DeGenaro, requesting variances from §169-15 B. (construction in V Zones) and §330-84 D. (Pyramid Law), situate in Hampton Bays (SCTM # 900-230-3-24) is hereby adopted. The resolution was adopted. EAST END TRANSMISSIONS (WH)-site plan/special exception: Staff member Clare Vail informed the Board the applicant requested a two week extension. 02- 049- (1.17) The following resolution was introduced by Mr. Toler, seconded by Mr. McCaslin, and duly adopted with the following vote: 6 members of the Board present, in favor. (Ms. Tutino absent)

RESOLVED, that the action on the Site Plan/Special Exception application entitled EAST END TRANSMISSIONS, for a change of use to an automotive repair shop on an existing improved site, situate on the west side of Westhampton Riverhead Road (CR 31), Westhampton, in the LI-40 Zoning District (SCTM No. 900-311-1-8.3), is hereby extended until January 31, 2002 at the request of the applicant’s representative, Kerin Guidera, by letter dated January 16, 2002. The resolution was adopted.



COMMUNITY BIBLE CHURCH (NYK)-ZBA REFERRAL: A resolution was read forwarding the Planning Board report to the Zoning Board of Appeals. 02-050 (1.17) The following resolution was introduced by Mr. McCaslin, seconded by Mr. Toler, and duly adopted with the following vote: 4 members of the Board in favor; 2 abstained, Mr. Zizzi, Mr. Blaney; 1 absent, Ms. Tutino.

RESOLVED, that the Planning Board Advisory Report dated January 17, 2002, regarding Zoning Board of Appeals application #010137 for the Community Bible Church, requesting variances from §330-115B. (Expansion of a pre-existing, non-conforming use); §330-167B.(1)(b) (Conformance with parking requirements); §330-100A.(2) (Off-street parking requirements); and §330-84D. (Pyramid Law), situate in Noyack (SCTM # 900-4-1-5 & 6) is hereby adopted. The resolution was adopted. JEAN GILMARTIN (TCKHO): David Gilmartin, Esq., representing applicant, present. Staff member Will Rau informed the Board an application was received, deemed complete, and a pre-application report was re-authorized. Discussion regarding the need for a public hearing. Board decided a public hearing was not necessary but acknowledged a 30 day comment period. 02-051 (1.17) The following resolution was introduced by Mr. Zizzi, seconded by Mr. McCaslin, and duly adopted with the following vote: 6 members of the Board present, in favor. (Ms. Tutino absent)

WHEREAS, a final application submission for the subdivision Map of Jean Gilmartin was deemed complete by the Planning Board on January 10, 2002 pending the receipt of the remaining $600.00 application fee, and WHEREAS, the remaining fee was submitted on January 15, 2002, making the application complete.

THEREFORE BE IT RESOLVED, that the Planning Board acknowledges receipt of the fee, making the final application complete and no public hearing will be held and a public comment period is hereby provided until the close of the business day on February 14, 2002, and that public comments shall be addressed to the Planning Board of the Town of Southampton, 116 Hampton Road, Southampton, NY 11968 The resolution was adopted.



HAMPTON HEALTH CARE, INC. (HB)-site plan/special exception: Mr. Finnerty noted a public hearing was held last week. Staff member Clare Vail reviewed the pre-application report and read a resolution for approval with conditions for a new medical office use in an existing building located on the south side of Montauk Highway, west of Springville Road in Hampton Bays. 02-052 (1.17) The following resolution was introduced by Mr. Zizzi, seconded by Mr. Toler, and duly adopted with the following vote: 6 members of the Board present, in favor. (Ms. Tutino absent)

WHEREAS, an application for SITE PLAN/SPECIAL EXCEPTION review entitled HAMPTON HEALTH CARE, INC., was deemed complete by the Planning Board on November 29, 2001, and WHEREAS, said application is for Site Plan/Special Exception review for a new medical office use in an existing building, situate in the Office Business (OD) Zoning District, on the south side of Montauk Highway, approximately 768 feet west of Springville Road, Hampton Bays (SCTM No. 900-222-1-21), and

WHEREAS, the project meets the criteria for classification as a Type II action, pursuant to Article 8 (State Environmental Quality Review Act, SEQRA) of the New York State Environmental Conservation Law and pursuant to Chapter 157 (Environmental Quality Review) of the Southampton Town Code and therefore no further environmental review is necessary, and

WHEREAS, a public hearing was held on January 10, 2002, and no public comment

was received, and WHEREAS, the Planning Board has reviewed said application with regard to the

Special Exception Criteria, and reviewed the January 14, 2002 Staff Report, and finds that the application is in compliance therewith, subject to the conditions outlined below. NOW, THEREFORE BE IT RESOLVED, that the Special Exception Application entitled HAMPTON HEALTH CARE, INC., for a new medical office use in an existing building, is hereby APPROVED WITH THE FOLLOWING CONDITIONS:

1. Any change from the medical office use in the building to another use shall require review and approval by the Planning Board.

BE IT FURTHER RESOLVED, that the site plan entitled HAMPTON HEALTH CARE,

INC., as shown on the site plan prepared by Dolliver Associates, last revised January 17, 2002 and the building plans prepared by Louie Lindiakos, AIA dated November 13, 2001, for a new medical office use in an existing building, is hereby APPROVED WITH THE FOLLOWING MODIFICATIONS AND CONDITIONS:



1. Submission of a cross-access easement agreement for vehicular and pedestrian cross and/or shared access with the parcels to the west, east and south, shall be submitted for review and approval by the Town Attorney, and filed with the County Clerk, prior to the issuance of a Certificate of Occupancy.

2. Any proposed lighting shall be subject to review and approval by the Planning Board. The installation and/or use of dusk to dawn lighting fixtures, whether located on or off premises and used to illuminate the subject parcel, shall not be permitted without prior review and approval by the Planning Board.

3. Indicate the location of the existing sign on the site plan. Any proposed signage changes will require approval from the Town of Southampton Planning Board.

4. All changes and modifications to the site plan required herein shall be depicted on the plans submitted for signature.

5. The current landowner shall file a notarized affidavit indicating compliance with the conditions the site plan/special exception approval, as set forth herein, and any deviation shall require review and approval by the Planning Board;

6. As per Section 300-184 K of the Zoning Law eight (8) complete sets of all plans shall be submitted for Planning Board signature with the conditions of approval affixed to each sheet of the plans, the standard statement agreeing to complete said work and signed by the applicant. Said plans must be submitted and the required statement signed within forty-five (45) days of the date of the aforementioned resolution, otherwise said resolution shall be deemed null and void.

The resolution was adopted. JEROME BLOOMBERG (WH)-ZBA REFERRALS: Staff member Clare Vail informed the Board this was off the agenda. MARANO (HB)-site plan: The Chair acknowledged the maps were being signed. DEERFIELD ESTATES (WM): Staff member Will Rau informed the Board this was on the agenda for an extension of the performance bond for a common driveway subject to a snow removal contract. 02-053 (1.17) The following resolution was introduced by Mrs. Caraher, seconded by Mr. Zizzi, and duly adopted with the following vote: 5 members of the Board in favor; 1 abstained, Mr. Finnerty; 1 absent, Ms. Tutino.

RESOLVED, the Planning Board recommends the extension of the performance bond obligation for the construction of the common driveway from October 1, 2001 to June 30, 2002, with new security having an expiration date no earlier than December 31, 2002 in the current amount of the $38,300.00, as recommended by the Town Engineer by memo dated



January 3, 2002, subject to the receipt of a copy of a contract for removal of snow through April 30, 2002 and subject to receipt of new bond agreement, security and the snow removal contract shall be submitted no later than February 13, 2002 otherwise the current bond agreement will be recommended for default action by the Town Board. The resolution was adopted. Board recessed at 2:25 p.m. in a motion by Mr. Toler, seconded by Mr. Zizzi. Meeting resumed at 2:51 p.m. VITO & ANN GERARDI (NS): Mario Gerardi, representing applicant, present. Staff member David Wilcox informed the Board last week they requested to research the Building Dept. files and they cannot locate the files, only the garage. The only change was to modify condition one. Mr. Wilcox read a resolution for approval with conditions. 02-054 (1.17) The following resolution was introduced by Mr. McCaslin, seconded by Mr. Zizzi, and duly adopted with the following vote: 6 members of the Board present, in favor. (Ms. Tutino absent) WHEREAS, the Planning Board received an application for a subdivision waiver, entitled VITO & ANN GERARDI (Application No. 00-073), involving two separate properties located in the R-20 Zoning District, on Milton Road and North Sea Road, at North Sea, requesting authorization for the following land transfers, as shown on a survey map prepared by Barylski Land Surveying, John F. Barylski, L.S., on March 12, 1996, last dated and revised December 14, 2000:

• 2,248 square feet from a 30,407 square foot parcel of land owned by Vito Gerardi, referred to as Lot 1, (SCTM parcel 0900-112-02-3.7) to a 20,725 square foot parcel of land to the north owned by Vito and Ann Gerardi, referred to as Lot 2 (SCTM parcel 0900-112-2-52.1)

• 2,248 square feet from a 20,725 square foot parcel of land owned by Vito and Ann

Gerardi, referred to as Lot 2 (SCTM parcel 0900-112-2-52.1) to a 30,407 square foot parcel of land to the south owned by Vito Gerardi, referred to as Lot 1, (SCTM parcel 0900-112-02-3.7) to a

WHEREAS, the Planning Board makes the following findings:

1. Lot 1 was originally created as Lot 4 on the Minor Subdivision Map of Robert Nardy, approved by the Planning Board on September 16, 1976, and Lot 2 was originally created as Lot 13 on the Map of Mar Mil Ray, recorded with the Suffolk County Clerk in 1931.



2. Declaration of Covenants recorded with the Suffolk County Clerk at Liber 8115 page 382, dated September 9, 1976, as a condition of the Planning Board approval of the Minor Subdivision for Robert Nardy contained the following restriction: "That at no time hereafter shall there be any further subdivision of or modification to parcel #4, as herein described, and as approved by the Planning Board of the Town of Southampton."

3. Authorization was granted by the Planning Board, by resolution on December

30, 1985, for a transfer / lot line modification of the original lots referenced

above, allowing a transfer of 10,210 square feet from Lot 1 to Lot 2, which transfer was accomplished with the recording of a deed with the Suffolk

County Clerk, on January 21, 1987 at Liber 10227 page 125. A condition of this transfer authorization, should have been the recording of an Amended Declaration of Covenants allowing for the transfer, however, this was not required.

4. The current transfer request is precipitated by the fact that a garage was constructed on the lot line between the reconfigured lots, believing it to be entirely within the former limits of Lot 4 on the Minor Subdivision of Robert Nardy. This garage was constructed with the benefit of a building permit No. 031827 and a Certificate of Compliance No. A-14123, dated April 3, 1996, was issued, in spite of the fact that the Planning Board transfer authorization of December 1985 was executed with the recording of a deed with the Suffolk County Clerk in January 1987 and in spite of the fact that the lots, as reconfigured were shown accordingly on the 1994 tax map. The applicant contends, however, that they were unaware of the recording of the deed and the fact that the lots had been reconfigured. Consequently, the garage was constructed straddling the deeded lot line.

5. The current transfer request will allow the garage to be situate entirely on Lot 1 (formerly Lot 4 on the Minor Subdivision Map of Robert Nardy) and will eliminate this non-conformity.

6. With the exception of the non-conforming garage which straddles the lot lines, each of the lots, as they presently exist, conform to the dimensional and area requirements of the R-20 Zoning District and will continue to conform following the proposed merger / transfer. Lot 1, however, as a flag lot does not presently conform to the Subdivision Regulation requirement that flag lots shall have a minimum area equivalent to 150% of the minimum zoning area requirement within the "flag" portion of the lot. It is noted that at the time of the transfer authorization of December 30, 1985, this requirement was only a policy of the Planning Board. The transfer authorization allowed the creation of this lot out of conformity with the flag lot policy in place at the time. The current transfer request, by eliminating one of the two "flag poles" on lot 1 will result in the area of the "flag" portion of Lot 1 increasing from 20,007 square feet to 23,287



square feet, thereby becoming more conforming to the flag lot area requirement of the Subdivision Regulations.

7. Lot 2 contains a "house trailer" and a one and 1/2 story residence. A certificate of occupancy No. C-6519 dated December 2, 1980 was submitted which lists these structures and indicates that they are each pre-existing October 14, 1957.

8. Surveys submitted with the transfer application that was approved in 1985, however, show this house trailer in a different location and orientation. It also appears that the original trailer was replaced with a new trailer because the dimensions differ on each of the surveys.

9. Lot 4 on the Minor Subdivision Map of Robert Nardy was approved with two flagpoles, one to North Sea Road and the other to a private road named Milton Road. This second flag pole to Milton Road was required due to

10. concern over the creation of lots have access to North Sea Road in this particular location. In fact, the Suffolk County Planning Commission conditioned their approval of the Map of Robert Nardy on there being no physical access to North Sea Road (CR-39) from each of the 4 lots created in that subdivision. Although this restriction was not included in the Declaration of Covenants for the subdivision, the restriction is noted on the approved final map as follows: "Approved Subject To: 1. Access being restricted to Milton Road (no ingress or egress to CR-39 is to be allowed) unless access to Milton Rd. is legally prohibited." The lot line modification / transfer that the Planning Board approved in 1985, had originally been submitted in such a way that the second flag pole for Lot 4, to Milton Road would be eliminated and transferred to the property to the north. The Planning Board in 1985 required that the application be modified so that the Milton Road flagpole remained and that is consistent with the transfer map that was actually approved. This modification was required because the applicant at that time failed to show that access was prohibited to Milton Road and the Planning Board and the Suffolk County Planning Commission continued to condition approval of the transfer on access to North Sea Road being prohibited. Regardless of the condition of approval, Lot 4 was subsequently improved with as single family dwelling in 1993 and a driveway to North Sea Road is used for access.

11. The current lot line modification / transfer request, although intended to eliminate the non-conformity of the garage also proposes to eliminate the flagpole to Milton Road. Although Lot 1 uses a driveway to North Sea Road, it still has not been demonstrated that this lot is prohibited from utilizing Milton Road. In fact, at least one of the original lots in the Minor Subdivision of Robert Nardy is using Milton Road as its sole access.

12. The transfer, if undertaken will result in no non-conformities. 13. The transfer, if undertaken will result in no net change in the area of either

of the existing lots. 14. There are currently two (2) parcels of land and two (2) parcels will exist

following the proposed merger / transfer, thereby creating no new lots



15. The proposed merger / transfer meets the criteria for review and approval as a transfer of land.

NOW, THEREFORE, BE IT RESOLVED, that the Planning Board HEREBY WAIVES the requirement for further subdivision review pursuant to Chapter 292-8(2) of the Code of the Town of Southampton (Subdivision of Land), and BE IT FURTHER RESOLVED, that the Planning Board HEREBY AUTHORIZES the transfer described herein, SUBJECT TO COMPLIANCE WITH THE FOLLOWING CONDITIONS:

1. Provision of a 20-foot wide access easement over the area proposed to be transferred to Lot 2 (Parcel A) allowing continued access to Milton Road for Lot 1.

2. Submission of an Amended Declaration of Covenants amending the Declaration recorded at Liber 8115 page 383, removing the prohibition on the reconfiguration of the subject lot.

3. Submission of an executed access easement, granting access over Parcel A to Lot 1

4. Submission of 6 copies of the revised plan for Planning Board signature, showing access easement over Lot 2

5. Submission of a copy of a certificate of occupancy for the existing house trailer on Lot 2 which is not the same as the one for which a previous CO was issued

6. The applicant must record one copy of the approved Transfer Map with the Town Clerk because this transfer map represents a change to the Minor Subdivision Map of Robert Nardy, which is filed with the Town Clerk.

7. Execution of the property transfer in such a way that ownership of the transferred parcel is “merged in title” thereby creating no new lot or tax parcel and resulting in one deed and one tax bill for each of the resulting parcels.

8. Submission of a draft executed transfer deed for Planning Board review, prior to recording the deed with the County Clerk and prior to signature of the transfer map by the Planning Board

9. Submission of conformed copies of the deed, filed with the County Clerk following signature of the transfer map

10. compliance with all conditions within 180 days or authorization will lapse The resolution was adopted. WILLIAM DOVALE, SR. (SPNK): Richard Van de Kieft, from the office of John Raynor, PE, LS, representing applicant, present. Staff member David Wilcox reviewed the EAF, Part II, in response to the applicant’s revised EAF, Part I, because the original plan described a through road and that plan received a negative declaration which noted the traffic would not have a significant impact. Discussion regarding traffic. Mr. Van de Kieft said he knows what staff is doing and agrees with the methodology but doesn’t agree with 1/3 of the documents. Mr. Van de Kieft said he would offer an extension for two weeks. Mr. Van de Kieft said they



are proposing six lots off of Jessie Road. Mr. Dovale agreed to bring construction vehicles from North Phillips Road. Mr. Wilcox asked the Board what they would like Mr. Van de Kieft to do. Mr. Finnerty said he wanted evaluation of the various impacts of opening the road. 02-055 (1.17) The following resolution was introduced by Mr. McCaslin, seconded by Mrs. Caraher, and duly adopted with the following vote: 6 members of the Board present, in favor. (Ms. Tutino absent) RESOLVED, that the deadline for the Planning Board to issue a SEARA Determination in connection with the Map of William Dovale, Sr., is hereby postponed until January 31, 2002, a period of two (2) weeks, at the request of the applicant's representative, present at the meeting, to provide time for the applicant to prepared information for the Planning Board's consideration. The resolution was adopted. CALDWELL HOMES (BH): Staff member David Wilcox informed the Board that recommendations from the Town Engineer to set a performance bond amount. The obligation date is Dec. 31, 2002. 02-056 (1.17) The following resolution was introduced by Mr. McCaslin, seconded by Mr. Zizzi, and duly adopted with the following vote: 6 members of the Board present, in favor. (Ms. Tutino absent)

RESOLVED, that in recognition of the road and drainage improvements that have been completed to date in connection with the Subdivision Map of Caldwell Homes, the amount of the Performance Bond and security to be posted is hereby set at $154,692.00, as recommended by the Town Engineer by memo dated December 11, 2001 and as outlined in a revised cost estimate dated December 11, 2001, SUBJECT TO the submission to the Planning Board, of an executed Performance Bond Agreement in the amount set herein and having an obligation date of December 31, 2002, with accompanying security having an expiration date no earlier than June 30, 2003 and the submission of a copy of a contract through April 30, 2003 for snow removal all in a form satisfactory to the Town Attorney, and PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS. The resolution was adopted. RICHARD SELLENTIN (BH): Staff member David Wilcox informed the Board the applicant’s representative Linda Riley is away and they are requesting a two week extension. 02-057 (1.17)



The following resolution was introduced by Mr. Blaney, seconded by Mrs. Caraher, and duly adopted with the following vote: 6 members of the Board present, in favor.

RESOLVED, that the deadline for the Planning Board to adopt the Pre-Application Report for the Subdivision Map of Richard Sellentin, is hereby postponed to January 31, 2002, at the request of the applicant's attorney by letter dated January 16, 2002. The resolution was adopted. A & E CLUB PROPERTIES, INC. (MCX): Staff member David Wilcox informed the Board the resolution to be adopted was read at the morning work session. 02-058 (1.17) The following resolution was introduced by Mr. Toler, seconded by Mr. McCaslin, and duly adopted with the following vote: 4 members of the Board in favor; 2 abstained, Mr. Zizzi, Mr. Blaney; 1 absent, Ms. Tutino. WHEREAS, the Subdivision Map of A & E Club Properties received final conditional approval on March 15, 2001 and said approval has been extended and is currently valid through March 10, 2002, with no further extensions permitted, and WHEREAS, the owner has requested that the final conditional approval be amended to allow the existing buildings, structures and improvements associated with the beach club use on the property to remain and for said use to be permitted to continue following the signature of the final map, and WHEREAS, Condition No. 2 of the final conditional approval reads: "All existing structures and buildings shall be demolished or made to conform prior to signature of the map." and WHEREAS, this condition allowed for the applicant to apply to the Zoning Board of Appeals for variances that would allow the Planning Board to approve the subdivision with the buildings and structures remaining, and WHEREAS, an application has been submitted to the Zoning Board of Appeals and the applicant is concerned that they will not have sufficient time to perform the demolition before the March 15, 2002 deadline for map signature in the event that the Zoning Board of Appeals denies the variance requests, and WHEREAS, the Planning Board is amenable to modifying the approval to allow for map signature prior to the removal of the buildings and structures and prior to a decision by the Zoning Board of Appeals provided certain other conditions are imposed that will ensure the ultimate removal of the buildings and structures



NOW, THEREFORE BE IT RESOLVED, that the Planning Board hereby amends the final conditional approval for the Map of A & E Club Properties by eliminating Condition No. 2, modifying Conditions 11, 12 by adding the language ", "other than a one time conveyance to a party having an original title interest in the property for "checker boarding" purposes only", modifying Condition No. 14 in its entirety to read "Submission of a covenant requiring the installation of cable television, water, electric and telephone extensions to reach the site prior to the conveyance of any lot, other than a one time conveyance to a party having an original title interest in the property for "checker boarding" purposes only "; modifying Condition No. 15 to add "and the submission of a covenant prohibiting the conveyance of any lot, other than a one time conveyance to a party having an original title interest in the property for "checker boarding" purposes only, unless and until the open space has been conveyed to the Home Owners Association (HOA)"; modification of Condition No. 24 and 25 to acknowledge that the conservation easements shall be worded to make exception for any existing buildings, structures, fixtures or uses that may already exist with the easement areas, and SUBJECT TO THE FOLLOWING CONDITIONS:

1. submission of a covenant, prior to map signature, requiring removal of all structures and buildings and discontinuation of the use, before any lot is conveyed (other than a one time conveyance to a party having an original title interest in the property for "checker boarding" purposes only)

2. submission of a covenant, prior to map signature, prohibiting the restoration or

reconstruction of any structure or building that experiences storm damage to 50% or more of the structure, with determination of what constitutes 50% to be at the discretion of the Chief Building Inspector

3. submission of a covenant, prior to map signature, requiring the demolition of all

structures and buildings and the discontinuation of the use no later than December 31, 2002, regardless of the whether the Zoning Board of Appeals approves the variances or not, with the ability for the Planning Board to accept an amended covenant with an extended date, should the Zoning Board of Appeals grant all the necessary variances

4. receipt of variance from Zoning Board of Appeals granting all dimensional and area

variances necessary to allow the continuation of the uses straddling lot lines and all other dimensional setback variance which would permit the Planning Board to approve the map with the setbacks as shown on the final subdivision map

5. submission of a performance bond agreement and security, prior to map signature,

sufficient to guarantee the demolition and removal of all buildings, structures, subsurface structures, fixtures, improvements and septic systems, and the restoration of the site, prior to December 31, 2002, in accordance with the approved demolition and restoration plans, with the ability for the Planning Board to grant extensions to the obligation date of this performance bond, concurrent with the extension dates of any amended covenant with regard to this restriction, should the Zoning Board of Appeals grant all of the necessary variance



6. submission of a property tax escrow bond for a period of one year beyond the map

signature date, secured with a letter of credit or cash deposit

7. submission of copies of conformed deeds which place the lots into separate ownership AND BE IT FURTHER RESOLVED, that this resolution is an amendment to the original approval granted on March 20, 2001and not a re-approval of the subdivision and that the approval will continue to expire on March 15, 2002. The resolution was adopted. JAB PROPERTIES ASSOCIATES, LP (NS)-site plan/special exception: John Bennett, Esq., Bennett & Read, representing applicant, present. Staff member Clare Vail informed the Board Mr. Bennett submitted building elevations and a letter explaining the intention. Ms. Vail reviewed the difference between the two plans. Ms. Vail read the ARB recommendations and a memo referenced to the Comprehensive Plan. Mr. Finnerty stated the Board preference was to direct the applicant towards traditional elements. Discussion regarding the design. Mr. Bennett said the assumption is this is a bad design. Mr. Bennett said he never received any correspondence from the ARB. Mr. Finnerty said the Board requested the presence of the architect to discuss the design with the Board. There will be a joint work session with the ARB on January 31. Mr. Bennett consented to an extension of action deadline to February 7, 2002. 02-059 (1.17) The following resolution was introduced by Mr. Blaney, seconded by Mr. Zizzi, and duly adopted with the following vote: 6 members of the Board present, in favor. (Ms. Tutino absent)

RESOLVED, that the final action deadline is hereby extended from January 24, 2002 until February 7, 2002, a period of fourteen (14) days for the Site Plan/Special Exception application of JAB PROPERTIES ASSOCIATES, LP, at the request of the applicant’s representative, John J. Bennett, by letter dated January 17, 2002. The resolution was adopted. HAYGROUND NURSERY, INC. (WM)-site plan: Ross Conklin, applicant, present. Staff member Clare Vail reviewed the application to construct a greenhouse on a parcel that had TDR’s purchased by the Town and noted there are a number of items on the check list missing. Mr. Conklin said they propose a one story, 12 foot high, 28 foot wide and 80 feet long and that they have an existing barn. Mr. Conklin said they are not setting up a retail nursery that it’s wholesale selling to trade and larger nurseries. Mr. Conklin requested a waiver of the special exception fees. M r. Conklin also noted they don’t need parking in the middle of the ag field. Mr. Finnerty said the Board has no control over the fees and will look at the parking. A resolution was read setting a public hearing for February 14, 2002.



02-060 (1.17) The following resolution was introduced by Mr. McCaslin, seconded by Mr. Zizzi, and duly adopted with the following vote: 6 members of the Board present, in favor. (Ms. Tutino absent)

WHEREAS, a CONSTRUCTION PERMIT/SPECIAL EXCEPTION APPLICATION FOR HAYGROUND NURSERY, INC. was received by the Planning Board on December 19, 2001, and

WHEREAS, said construction permit/special exception application is for the construction of a 28’ by 80’ agricultural greenhouse with associated parking, on a 47.3-acre parcel (Town Purchase of Development Rights) situate in the CR-80 Zoning District, on Hayground Road, 0 feet from the Long Island Railroad, Water Mill (SCTM No. 900-81-3-27.27), and

WHEREAS, the Planning Board and Staff have reviewed the above application and find that the submission requirements, pursuant to § 330-183 of the Town Code, Site Plan Elements and §330-121, Special Exception Criteria, have been submitted in a form satisfactory to the Planning Board in order to do an adequate review of the subject application, and

WHEREAS, the project meets the criteria for classification as a Type II action,

pursuant to Article 8 (State Environmental Quality Review Act, SEQRA) of the New York State Environmental Conservation Law and pursuant to Chapter 157 (Environmental Quality Review) of the Southampton Town Code.

NOW THEREFORE BE IT RESOLVED, that the Construction Permit/Special Exception Application for HAYGROUND NURSERY INC., is hereby deemed COMPLETE, and a public hearing is hereby scheduled for 7:00 p.m. at the Southampton Town Hall, on February 14, 2002.

The resolution was adopted. DEERFIELD MEADOWS (WM): Staff member Will Rau informed the Board this was off the agenda. ADJOURNMENT: Motion to adjourn by Mr. Zizzi, seconded by Mrs. Caraher. All in favor. Meeting adjourned at 4:32 p.m. ________ _______________________ DATE E. Blair McCaslin, Secretary

Town of Southampton CHAIRPERSON

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