MINUTES OF THE MONTHLY MEETING OF THE BOARD OF TRUSTEES OF THE VILLAGE OF SAGAPONACK July 14, 2014

Transcription

1 MINUTES OF THE MONTHLY MEETING OF THE BOARD OF TRUSTEES OF THE VILLAGE OF SAGAPONACK July 14, 2014 A duly held meeting of the Board of Trustees of the Village of Sagaponack was held at 3:00pm on Monday, July 14, 2014 at 3175 Montauk Highway, Sagaponack, N.Y. The meeting was called to order by Mayor Donald Louchheim with a pledge of allegiance to the flag. Those members present were Deputy Mayor Lee Foster and Trustees Joy Sieger, Lisa Duryea Thayer and Bill Barbour. Also present was Village Clerk Rosemarie Cary Winchell, Village Attorney Anthony B. Tohill, Village Planner Rich Warren and Village Engineer Drew Bennett. PLANNING ISSUES Mayor Louchheim noted that the Board would like to begin with the Sagaponack Ventures application. PUBLIC HEARING CONTINUATION Sagaponack Ventures, LLC 451 Daniels Lane Site plan application submission for a single family residence David Eagan, attorney for the applicant submitted for the record information on the photo renderings they submitted on July 3 rd along with a conceptual subdivision plan of the property that included the required 65% open space. Mr. Eagan then indicated to the Board that the owner, Marc Goldman, wanted to address the Board. Marc Goldman read the following statement into the record: I have owned this property for over 14 years and have done my best to be a good steward of this land spending time and money caring for the soil by having cover crops planted to protect and enrich the terrific topsoil Sagaponack is famous for. If I were a Real Estate developer, I could have built 13 houses on this property, but I am not a developer I have purposely limited the development on this 43 ½ acres and while there were tax benefits to be gained, those tax benefits are not even close to the value of what those 13 lots would have been. At the time that I limited the development, 20,000 sq ft houses could have been on this property. I feel that rather than being acknowledged for voluntarily limiting development, I am being penalized VB Monthly Plan.WS Min Page 1of 8

2 for it. I hope that people are not discouraged from taking the extra steps to preserve the land, as I did. I am someone who wants to build a house for my own use on the part of the land that is least favorable for farming; and I also want to create a nice and productive farm on this property. I plan to enjoy this house in the summers with my 4 children, 3 of whom live in New York and they ll have year round use of the house, as well as with my 1 st grandchild due in September and with other friends and family. I have spent a tremendous amount of time with the people at Topsider Homes to create a home, which will compliment the neighborhood. I chose Topsider Homes because they specialize in post and beam octagon construction because octagon shape is the most efficient way of building a house and that the houses built by Topsiders Post and Beam construction method has proven to be extremely strong, hurricane and storm resistant and allows for large spans of interior open space. I have chosen the Village of Sagaponack for my home and look forward to becoming a part of this community. When I originally submitted this application, in August of 2013 I was hopeful that I would have the Board s approval by December, so that I could have begun to build this past spring. I feel that I have been deprived of the ability to use my property due to the amount of time that I have had to wait for the Board s approval. I and my attorney and my engineers have made every effort to be completely cooperative, completely open and very responsive to the Board s requests and made numerous changes to that end. I do not want to build my house in a flood zone, I do not want to build my house on pilings, I do not want to build my house on Class 1 prime agricultural soil, I want to farm that soil. My plan is to build it on the poorest agricultural soil, which is where I have sited it and I want to build on ground which allows me to have a basement. Another reason I chose this location for my home is because it will be cluster in the corner with the other houses on the corner of Peters Pond Lane and Daniels Lane. I also feel it will be the least disruptive to the farm field vista because of this development cluster. In addition I have learned that the former Brenda Earl property is currently being developed and the proposed open space will allow for contiguous agricultural open space on our two properties. I respectfully ask this board to approve my site plan application so that I can have the use and enjoyment of my property. Mayor Louchheim acknowledged the receipt of the two submittals previously mentioned by Mr. Eagan noting that the Board appreciated it. He noted that there are still two items on the table: one being the issue of the drainage and the second being the visual impact. Mr. Warren noted that he had received directly from the applicant s engineers, PW Grosser, the paperwork on the visual analysis that the applicant was proposing to perform to show what the visual impact will be to a passerby. Mr. Warren noted that the proposal appeared to be adequate for the Board to determine the height and mass of the proposed building. However, Mr. Grosser noted that their proposal was not to leave the poles up VB Monthly Plan.WS Min Page 2of 8

3 but to install them, shoot the photos and then remove the poles. It was agreed that the poles should be left up so that the Board and consultants could view the poles. It was agreed that the Board would be notified when the poles will be installed so that the each member and the Village Engineer and Planner could view them. NOTE: 3:20pm - Deputy Mayor Lee Foster recused herself from the application and left the meeting room. Mayor Louchheim asked Mr. Bennett if he had any additional comments. He stated that the latest map that Mr. Grosser submitted with their protocol for visualization which he just received appears to be a slightly different grade and does not show the tennis court so he questioned whether or not this was a change to the site plan already submitted. Mr. Eagan noted that the site plan submitted with the visual protocol was simply for the staking of the poles and that the tennis court is still proposed. A motion was offered by Trustee Duryea Thayer and seconded by Trustee Sieger to adjourn the public hearing until the August 11, 2014 meeting at 3:00pm at Village Hall, 3175 Montauk Highway. It was approved unanimously. NOTE: 3:32pm Deputy Mayor Lee Foster rejoined the meeting. OLD BUSINESS Site Plan Review Stem Partners LLC 511 Daniels Lane Application for site plan review single family residence Mayor Louchheim noted that we received the newest information on the application with respect to the plantings this past Friday which was not enough time for anyone to review and therefore the new information would be discussed at the August 11 th meeting. Drew Bennett reviewed his July 7 th report with the Board which commented on the May 9, 2014 plans submitted by the applicant. Mr. Bennett noted that the proposed project is very large and encompasses extensive regrading and drainage for the 18.5 acre lot. The plans appear to call for the excavation of 17,500 cubic yards of soil with none of it being exported from the site. He noted that there is not enough information for him to determine the potential impact the proposed grade change will have on the neighboring lots and the drainage proposal on the agricultural fields. He also questioned the accuracy of the data gathered from the three soil borings for the groundwater noting that it seemed very low. He also noted that the project is proposing extensive dewatering and is requesting to review that plan. In summary, Mr. Bennett found that the engineering elements were preliminary and incomplete at this time. VB Monthly Plan.WS Min Page 3of 8

4 The Board expressed their concern about the extensive dewatering and regrading of this property. They discussed the proposed restoration of the dunes using 7,000 thousand cubic yards of excavated materials from the site. They asked the applicant how they came to that amount. Mr. Guadello of the Raynor Group explained that they determination for 7,000 cubic yards for the dune restoration was based on the amount of material that would be excavated from the site that would be suitable for dune restoration. Mr. Guadello also noted that they proposed to use all of the excavated materials on site to avoid the exportation of fill. If the Board preferred to have the materials exported, they would revise their plan to reflect that. The Board agreed that the materials for the restoration of the dunes would be best used from the excavated materials on site instead of having that amount of materials imported or exported. A discussion was held as to whether the applicant should export all the materials off site or leave them all on site which would change the topography. Mr. Bennett noted that he believed that the poorer soils should be removed from the site and the better grade topsoil should be left on site along with the materials that will be suitable for the dune restoration. The Board also discussed with the applicant the open space proposed on the site plan. Mr. Pasca, attorney for the applicant noted that the owner did not plan to actively farm the area but rather leave it as meadow. Mr. Bennett noted that he had no problems with the proposed drainage in the field suggesting that the applicant minimize the changes in the slope of the land when regrading to minimize the impact to the neighboring property. Mr. Pasca noted that the new landscape plan overlays the drainage plan which is the material that the Board just received and has not been reviewed by the consultants yet. Mayor Louchheim noted that this material will be discussed at the August 11 th meeting. Mr. Pasca asked the Board if Mr. Rumph could just explain to the Board the changes in the plan. Mr. Rumph of Araiys Design explained the changes to the design which were submitted to the Board on Friday. The Board did not like the row of trees that was proposed running south along the driveway. The Board directed the applicant to lessen the tree line along the driveway and to pull the tree line back. Mr. Warren noted that the de-watering plan proposes to pump 800,000 gallons per day for 60 days. He would like to have the applicant confirm that the properties to the west are connected to public water and that the de-watering will not impact their water supply. Mayor Louchheim noted that the Board will need additional analysis of the 17,500 cubic yards of fill as to the types of materials it will contain. VB Monthly Plan.WS Min Page 4of 8

5 A motion was offered by Trustee Duryea Thayer and seconded by Trustee Sieger to adjourn the application until the August 11, 2014 meeting at 3:00pm at Village Hall. It was unanimously approved. Subdivision Pre-application The Wolffer Trust 183 Sagg Road pre-application submission for a 4 lot subdivision plus an open space parcel of a 12.3 acre property located along the east side of Sagg Road There was no new information submitted for this application. Rainer Schoenbach 361 Sagaponack Road pre-application submission for a 2 lot subdivision of a acre property located along the southerly side of Sagaponack Road There was no new information submitted for this application. NEW BUSINESS Agricultural Fence Mr. Sam Lester explained to the Board that his family farm in East Hampton was recently sold and he began farming on the lot at 3420 Montauk Highway which he needs to protect from the deer with a deer fence. He noted that he also has a farm stand at this location. A motion was offered by Trustee Duryea Thayer and seconded by Deputy Mayor Foster to approve the deer fence with the proviso that if the land is no longer farmed, the fence will be removed. It was approved unanimously. MONTHLY WORK SESSION CORRESPONDENCE The Board reviewed the monthly report for June from the Southampton Town Police. Trustee Sieger noted that it appears that the traffic stops are down. The Board also reviewed correspondence from Car Free Day Long Island and notification from the New York State Public Service Commission of public hearings and informational forums for the proposed new area code for the 631 area and an invitation VB Monthly Plan.WS Min Page 5of 8

6 from the Suffolk Independent Living Organization celebrating the 24 th Anniversary of the American s with Disabilities Act. OLD BUSINESS Bridge Lane Bridge Mayor Louchheim noted that there is nothing new to report and that we are still waiting for a response from the Town. Sagg Main Street Culvert Ms. Winchell noted that there will be a resolution for the Board approve the bidding of the project at the August meeting. Assembly Permit Application Coastal Living Showhouse James Howard, owner of 490 Hedges Lane along with Antonia van der Meer, Editor in Chief and Jennel O Brien, Executive Director of Marketing for the Coastal Living magazine. Mayor Louchheim explained to the Village Attorney that the application was for a three month period starting June 25, 2015 at 490 Hedges Lane. Mr. Tohill explained to the Board that this type of use that the applicant is requesting is not a typical single family residence use. The Board discussed with the applicant the requirement of notification to the neighbors along with the parking plan for the event. They reviewed the draft letter for the mailing that the applicant provided and agreed to the addition of a sentence that instructed the neighbor to send any comments to the Village Office and decided that even though the code states that the notification to the neighbors should happen 180 days prior to the event, it should be sent now so that the Board could consider any comments from the neighbors in the decision process. Mr. Howard noted that they have parking for 50 visitors on site. However, it was noted that the cocktail party that has an estimate of 200 guests would need parking offsite. The applicant was instructed to submit a detailed parking plan to the Village prior to the June 25 th event. It was also noted that the local organization to benefit from this event was changed from Southampton Hospital to Madoo. A motion was offered by Trustee Duryea Thayer and seconded by Trustee Sieger to adjourn the application until the August 11 th meeting which was approved unanimously. NEW BUSINESS Assembly Permit Application 1942 BBQ at The Love Shack VB Monthly Plan.WS Min Page 6of 8

7 Ms. Winchell explained that this event is located at 122 and 110 Sandune Court for approximately 100 people and the parking plan will have guests parking on the White s property on Sagg Main and then will be shuttled to the property. The Board had no issues with the application. Clinton Foundation Trustee Sieger noted that this was a fundraiser for the Clinton Foundation to be held at 3 Holden Court. The Board discussed the proposed parking plan will includes street parking on Ericas Lane and on the south side of Daniels Lane. The Board requested that the parking plan be revised to keep all the cars on the west side of Ericas Lane south to Daniels. Special Permit for the Keeping of Chickens Mr. Edward Lederman of 29 Seascape Lane requested a special permit for the keeping of one bantam and one chicken at his residence. He noted that they will abide by the laws for keeping of the chickens. The Board had no issues with the application. Excavation Permit The Board reviewed an excavation permit from National Grid for the continuation of the installation of the gas line on Scotline Road. The Board directed the Clerk to send letters to property owners who will be impacted by this project. DISCUSSION ITEMS Saturday Construction Mayor Louchheim polled the Board to find out if they wanted to change the current code and if so how. Trustees Foster and Barbour said that they were fine with the way the code was currently written. Deputy Mayor Foster noted that she certainly understand the angst of those who are affected by the construction but that the construction does end and then moves onto another area of the Village. Trustee Duryea Thayer noted that she would like to see a compromise. Trustee Sieger noted that we do not include holidays currently in our code and that a compromise might be to include the holidays. The Board instructed the Village Attorney to draft a local law to include holidays in our code where construction would be prohibited. Ms. Milajec, a Village resident noted that she was disappointed in the Board s decision and was hoping for a complete ban on Saturdays. She was told that the public would have another opportunity to address this issue at the public hearing for this local law. The Board discussed the request of Suzanne and David Reynolds of Daniels Lane to install a stop sign at the northwest corner of the intersection of Daniels Lane and Town Line Road on Town Line. They instructed the Village Attorney to draft a local law to place the stop sign there. Mayor Louchheim stated that he will draft a letter to the East Hampton Town Supervisor to request that the Town Board consider installing one at this intersection on the north bound lane of Town Line. VB Monthly Plan.WS Min Page 7of 8

8 Deputy Mayor Foster noted that the Bridgehampton Fire Department installed a fire well on Town Line Road south of Town Line BBQ and asked how one would go about getting that area designated as a Fire Zone. The Village Clerk was instructed to request a survey from the Bridgehampton Fire Department showing the exact placement of the well and forward that to the Village Attorney. The Board discussed with the Village Attorney the placement of street identification signs being placed on telephone poles by the Town Hwy Superintendent FINANCIAL Mayor Louchheim instructed the Board to review the financial statements and to direct any questions and/or comments to the Clerk-Treasurer before next week s meeting. PUBLIC INPUT There was no public input BOARD/COMMITTEE REPORT The Board will give their committee reports at next week s meeting. ADJOURNMENT On the motion of Trustee Barbour and a second by Trustee Sieger the Board unanimously voted to adjourn the meeting. Time Noted: 7:05 pm Reconvening of the Meeting The Board, except for Trustee Duryea Thayer, reconvened the meeting at 7:10pm. Mayor Louchheim offered the appointment of Emily Aspinall to the Architectural and Historic Review Board for a 3 year term to expire July of A motion to ratify the appointment was offered by Trustee Sieger, seconded by Trustee Barbour and approved unanimously. On the motion of Trustee Barbour and a second by Trustee Sieger the Board unanimously voted to adjourn the meeting. Time Noted: 7:15pm ROSEMARIE CARY WINCHELL VB Monthly Plan.WS Min Page 8of 8 Village Clerk