MINUTES OF THE MONTHLY MEETING OF THE BOARD OF TRUSTEES OF THE VILLAGE OF SAGAPONACK December 14, 2015

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1 MINUTES OF THE MONTHLY MEETING OF THE BOARD OF TRUSTEES OF THE VILLAGE OF SAGAPONACK December 14, 2015 A duly held meeting of the Board of Trustees was held at the Village Hall at 3:00 PM on Monday, December 14, 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 William Barbour. Also present were Village Engineer Drew Bennett, Village Planner Richard Warren and Village Clerk Rosemarie Cary Winchell. Absent was Village Attorney Anthony Tohill. LAND PLANNING ITEMS OLD BUSINESS Subdivision Rainer Schoenbach 361 Sagaponack Road Final subdivision application submission for a 2 lot subdivision of a acre property located along the southerly side of Sagaponack Road John Bennett of Bennett and Read, Esq. represented the applicant. He thanked the Board for all their work on this application noting that it was a long journey but believed that everyone got it right. The following resolution was offered by Deputy Mayor Foster and seconded by Trustee Duryea Thayer: WHEREAS, Rainer Schoenbach (applicant) has submitted an application to subdivide into two (2) parcels a 9.9 acre parcel bearing SCTM and located in the R-120 Zoning District on the southwest side of Sagaponack Road distant 1,036± feet from Sagaponack Main Street, and WHEREAS, the proposed subdivision is depicted on a plat prepared by David L. Saskas dated February 7, 2008 and last dated May 22, 2015, and WHEREAS, said plat depicts a proposed Lot 1 consisting of 62,762 square feet, and WHEREAS, said plat depicts a proposed Lot 2 consisting of 370,411 square feet, and VB Plan.WS mtg

2 WHEREAS, excepting a common entry for Lots 1 and 2 on Sagaponack Road, said plat depicts the entire street frontage on said plat as either Agricultural Open Space or Wetland Preservation Area, and WHEREAS, the Board has reviewed a proposed Declaration providing among other things that on Lot 1 any structure other than a tennis court shall be limited to a residence not to exceed 2,000 square feet with habitable space, all contiguous, not to exceed 1,200 square feet, any such habitable space shall be limited in use and occupancy to guests, invitees, staff and family members of the occupants of Lot 2 and in no event shall be used or occupied on a rental basis by persons other than the foregoing, Lot 1 shall be deemed a subordinate use to Lot 2 and any transfer or conveyance of either shall include the other, any improvement of Lot 1 shall be subject to site plan review and approval, areas designated Agricultural Open Space shall be maintained as active agricultural use, the elevations of any residential structure on Lot 1 shall be consistent with elevation drawings annexed to the Declaration and shall not maintain a ridgeline in excess of 32 feet measured from existing natural grade, any ownership of either parcel as subject to at least a 51% co-ownership of each lot, the subject Declaration shall encumber both Lots 1 and 2, access to each lot shall be subject to a Common Access Easement, hedges and/or trees along the southwest boundary of Sagaponack Road shall be restricted as provided in said Declaration, any bridge connecting the driveway from Lot 1 to Lot 2 shall not be lighted and shall not exceed 4 feet height measured from existing natural grade at the travel surface and an additional 2 feet 6 inches at the top of railings except as mandated by an Agency authorized to regulate this structure, and in the event the Village is required to enforce this Declaration any municipal legal fees shall be a lien on Lots 1 and 2 collectible as a real property tax, and WHEREAS, the Board has reviewed a proposed Agricultural Easement providing among other things that the use of the Agricultural Open Space areas depicted on the aforesaid David L. Saskas plat shall be limited to farming or left fallow, and WHEREAS, neither recreational use nor structures is permitted within the Agricultural Open Space, and any such Easement shall so state, and WHEREAS, the Board has reviewed a proposed Driveway and Utility Easement providing among other things that access to Lots 1 and 2 as aforesaid shall be by means of a single driveway as depicted on the aforesaid David L. Saskas plat, all utilities shall be within said easement and underground and the easement shall run with the land, and VB Plan.WS mtg

3 WHEREAS, the Board has reviewed a proposed Declaration of Covenants and Restrictions providing among other things that on-site wetlands shall be preserved in natural state and shall be subject to a non-disturbance, non-fertilization and wetlands preservation area all as depicted on a Proposed Open Space Plan of Rainer Schoenbach annexed to said Declaration of Covenants and Restrictions, and WHEREAS, the Board has approved the substance of each aforesaid document and the Village Attorney has approved the form of each said document, and WHEREAS, the subject plat proposed 78.3 percent open space reservation and therefore complies with the 65% open space requirement under Village Code (B)(2), and WHEREAS, the Board conducted a pre-application hearing on January 10, 2011 which was closed without any expression of public comment; and WHEREAS, applicant has obtained the approvals of the New York State Department of Environmental Conservation, the Suffolk County Department of Health Services and the Town of Southampton Conservation Board, and WHEREAS, the Board has renewed its 2011 pre-application approval, and WHEREAS, this application qualifies for Minor Review under Village Code 190-5(A)(2), and WHEREAS, this is an Unlisted Action under 6 NYCRR Part 617 and the Board issued a negative declaration on April 14, 2014, and WHEREAS, the Board has considered the comments of the Village Planner, Richard E. Warren AICP, and the Village Engineer, Drew Bennett PE, and WHEREAS, on the basis of the foregoing the Board believes it has considered all matters on its part to be addressed, NOW THEREFORE it is resolved this application is approved subject to the recording of the plat and all documents referenced herein within 60 days of this date with proof of recordation provided to the Village Clerk within 75 days of this date. It was approved unanimously. VB Plan.WS mtg

4 Site Plan 69 Fairfield Pond LLC 67 Fairfield Pond Lane Site plan application for proposed grading change and fill for the construction of a single family residence Note: Village Planner, Rich Warren, had recused himself from this application as his office assisted with the submittal of the application. Village Engineer Drew Bennett reviewed his report of December 10, 2015 with the Board noting that the applicant submitted revised documents which consisted mainly of getting their paperwork consistent. He also noted that Mr. Barylski submitted revised plans showing additional topo information. He explained that the two issues of concern from last month s meeting were the location of the tennis court and the drainage swale that runs from the northeast portion of the property to the south. He stated that the applicant cleaned up the drainage plans and they now conform to Village standards. Mr. Bennett noted that the plan proposes that there will be approximately 1500 cubic yards of fill but none is proposed to be exported but rather distributed around the site including along the property line. However, it does not appear that it is being placed in the drainage swale on the property. He also noted that the proposed tennis court does not meet setbacks and some of the fill is being used to make the tennis court fit. The Board discussed the proposed 2 foot landscape wall in the front yard along with the proposed swimming pool which appears to be on a raised platform. It was explained that the proposed pool area is in an existing sloped area so it is proposed to be flattened out using some of the fill. Mr. Woodward, architect for the applicant, further explained that they are proposing a 2 foot step-up retaining wall to another level area outside the house and at the other end of the pool for the most part, any proposed retaining wall is part of the tennis court. A discussion was held regarding the fact that if the ZBA does not grant the setback relief for the tennis court, it would affect the location of not only the tennis court but possibly the swimming pool as well which would require further site plan review. It was noted that the Board normally will not render a site plan approval until the ZBA decision is made. The Board noted that they do not like to approve a piecemeal application. Ms. Asato explained that even though the site plan application included a comprehensive plan of the property, including the tennis court and swimming pool, the only portion of the project that her client has submitted a building permit for is the house. Ms. Asato acknowledged that her client would have to return to the Board for further site plan approval for the tennis court and swimming pool. The following resolution was offered by Trustee Duryea Thayer and seconded by Trustee Sieger: RESOLVED that the site plan is approved with respect to the house and that any other improvements require further site plan application. VB Plan.WS mtg

5 It was approved unanimously: 612 Sagg Moose LLC 612 Sagg Main Street Site plan application for a property within 400 feet of a body of water and change to the topography for a single family residence Melissa Dedovich of Peconic Environmental presented the application noting that the architect for the applicant was also present. Ms. Dedovich explained that there were three issues that needed to be addressed from last month s meeting. The first concerned the Road Reverter clause on the survey. She stated that she submitted a report from John Bennett explaining that the road reverter should have been expunged when the subject parcel was involved in the subdivision in 2006 and a letter from the title company stating same was also submitted as well as a revised survey showing the road reverter removed. The second issue was that Mr. Bennett required a more detailed cut and fill report which also was submitted which shows a net fill of 2 cubic yards. The third item was the requirement of a SWPPP which is being prepared by The Raynor Group. Mr. Warren noted that they will probably lose the 2 cyds across the four acre lot. He also stated that a wetlands permit would be required for this project and that there is also a wetlands buffer on this property and that before a building permit is issued the wetlands permit and the buffer plan should be submitted to the Building Inspector. Ms. Dedovich agreed and stated that the buffer plan is already noted on the Hollander plan. Mr. Bennett stated that he is satisfied with the information submitted and that there are no major grade changes and, as part of the SWPPP, they are required to provide an erosion control plan. The Board discussed the fact that the driveway traverses over the neighboring property. Ms. Dedovich noted that there is an easement for the placement of the driveway which has been submitted into the record. A motion was offered by Trustee Barbour and seconded by Trustee Duryea Thayer to approve the site plan application for 612 Sagg Moose LLC subject to the inclusion of the wetlands permit and wetlands material to be used for the buffer restoration when submitting the building permit application to the building inspector. It was approved unanimously. NEW BUSINESS Site Plan 138 Sagg Main LLC 138 Sagg Main Street VB Plan.WS mtg

6 Site plan application for proposed grading change, fill and retaining wall for the addition of patio, deck, pergola and retaining wall around new swimming pool Karen Hoeg of Toomey, Latham, Shea, Kelley, et al, LLP and Scot Olsen of Joe W Tyree Landscape Designs LLC were present for the applicant. Rich Warren reviewed his November 30, 2015 report with the Board. He summarized that the lot is located on the west side of Sagg Main Street and that the applicant is proposing to install a pool in the area on the south side of the property. He noted that a building permit had already been issued for the construction but the applicant after beginning the project decided it would be better to raise the grade so that the pool and patio would match the floor plan of the house. He noted that the grade change is proposed to be 2 to 3 feet. Mr. Bennett reviewed his report of December 10, 2016 with the Board. He explained that the applicant is proposing to import approximately 300 cy of fill which would result in an increase to the grade of approximately 2 to 3 feet, concurring with Mr. Warren. He noted that the existing grade in this area is moderately pitched to the southwest with the water table detected at elevation +6ft above mean sea level which means that the 5 to 6 foot proposed pool would need to come out of the ground to avoid the ground water issues. He explained that the proposed drainage controls and calculations for the proposed improvements conform to our standards and that the project as proposed will have no impact to the neighboring properties. Deputy Mayor Foster noted her concern regarding the affect the chlorinated water from the pool would have on the wetlands to the west. Mr. Warren acknowledged her concern and recommended that a cartridge filtration system be used on the pool. He also stated that we should verify that a dewatering permit not be required for this project. Deputy Mayor Foster also stated that applications such as this one should be aware that the animals in the natural wetlands habitats such as frogs will be attracted to the water in the pools and the lightening. A motion was offered by Trustee Barbour and seconded by Deputy Mayor Foster to approve the site plan for 138 Sagg Main LLC based on the December 11, 2015 revised plan as submitted with the proviso that there will be no dewatering as part of the building process. It was approved unanimously. TLDH Co., Inc. 802 Town Line Road Site plan application for proposed grading change for construction of single family residence VB Plan.WS mtg

7 Mayor Louchheim asked the applicant if the Board could hear Under the Dunes LLC first as the Village Planner, Rich Warren, who has recused himself from this application, has to attend another meeting. Mr. Eagan, attorney for the applicant, agreed. Under the Dunes LLC. 35 Gibson Lane Site plan application for proposed grading change and fill for construction of single family residence along with property located within 400 feet of a body of water Mary Jane Asato, Esq. of Bourke, Flanagan and Asato, represented the applicant. Ms. Asato entered into the file a revised survey noting that the only changes on the revised survey were more accurate measurements for the side yard and front yard setbacks. She explained that the project involves the removal of a non-conforming residence and construction of a FEMA compliant one, the removal of a non-compliant septic system and installation of a compliant system and the removal of a non-compliant well and hook up to the SCWA system. She explained that the existing deck and walkway to the beach will remain but be will be repaired as necessary. She also noted that her client will be paying for the SCWA hook up for the western adjourning property which is also currently on well water. Trustee Barbour noted that his family owns the western adjourning property and asked whether he should recuse himself from the application. Ms. Asato noted that she did not see an issue and is not asking Trustee Barbour to recuse himself from hearing or voting on her client s application. The Board agreed. Mr. Warren reviewed his report with the Board. He noted that it is an improvement over what s existing as the applicant will be moving the house further away from the dunes. He noted that they are proposing to bring in approximately 250 cy of fill to level the property as it slopes from east to west which will raise the grade approximately 1 to 1 ½ feet. Drew Bennett reviewed his report with the Board. He explained that the fill they are proposing to bring in is minimal which is necessary to level the property for the installation of the new septic system. He explained that the drainage design conforms to our standards and has no issues with the application. Trustee Duryea Thayer noted that with past building permits in this area, there was substantial damage done to the roads. The Board discussed the construction parking for this project. It was agreed that before a building permit can be issued, the applicant would have to appear before this Board again to present a construction parking plan which the Board will have to approve. VB Plan.WS mtg

8 A motion was offered by Deputy Mayor Foster and seconded by Trustee Sieger to approve the site plan for Under the Dunes LLC with the proviso that before a building permit is issued that a parking plan and a remediation of any damage be agreed to between the Village Board and the applicant. It was approved with 4 votes and one abstention by Trustee Barbour. NOTE: Rich Warren was excused from the meeting at this time: 4:00pm TLDH Co., Inc. 802 Town Line Road David Eagan, Esq. represented the applicant. Mayor Louchheim thanked Mr. Eagan for deferring. Mayor Louchheim explained the history of the property and the uniqueness of it which is that before the Village was incorporated while it was still under the Town s administration, a development right was transferred to this property from the preserved property to the north so it has vested right for two principal dwellings at the same time a foundation was put in which vested them in a house that would not be permitted under our current zoning in terms of size. Two existing structures on site are vested, the school house and what was the existing house which was a 2 family house which will be now converted to a one family but they are vested in that and they are vested in whatever the actual square footage of that foundation is. The site plan application is to finish building the residence on the existing foundation, renovating the existing house within the same footprint, converting the school house building to be a recreational accessory building and the addition of a tennis court, cabana, pergolas and so forth. Mayor Louchheim noted that due to the absence of the Village Attorney and our Village Planner we are relying on the expertise of the Village Engineer, Drew Bennett. However, it is in that area where the building is going to be the most problematic. Mayor Louchheim also noted that Mr. Eagan, is not only the applicant s representative but also a neighbor across the street. Mr. Eagan noted that the Mayor did an excellent job of describing the history and the current application. Mr. Eagan was given a copy of Drew Bennett s December 12, 2015 report and the John Woudsma, Village Building Inspector s, memo of December 14, Mr. Eagan noted that there is an error on the plans that they submitted which is that the tennis court is proposed to be sunken which would then conform to the 30 foot setback. Mr. Bennett reviewed his December 12 th report with the Board. He summarized the proposed project and went through the submission requirements noting that they appear complete for review. Mr. Bennett reviewed his comments noted on pages 3 6 of his report. Some of the points he touched on were the fact that the property is located close to a scenic vista and recommended that the Board require the submittal of a landscape plan and the consideration of reducing the extensive amount of paving being proposed. VB Plan.WS mtg

9 He also noted that the Board should consider the history of the property which contains the old Wainscott School house. Mr. Eagan noted that it is the third Wainscott School house which was moved to the property in A extensive discussion was held regarding the drainage issues with this property. Mr. Bennett explained that this property has a long history of flooding from the agricultural field to the north with the water running through the property and that the proposed development will block this natural flow of the water diverting it around the improvements. Mr. Bennett recommended that a comprehensive drainage plan be submitted. He also noted that a structural inspection should be done on the existing foundation before a building permit is issued as he observed evidence of shifting soils under some of the foundation footings. He also noted that the applicant would need to provide cut & fill calculations. Mr. Eagan noted that they had already provided an engineer s report on the foundation in April of 2015 but would have that updated and submit it to the building inspector. He also noted that they would make all the paved areas permeable where possible. Deputy Mayor Foster asked whether or not the applicant could modify the foundation to better accommodate the drainage issues on the property without losing the vested status. Mayor Louchheim stated that it was his understanding that any modification of what is vested voids the vesting. Trustee Duryea Thayer noted that the location of the school house could affect the placement of the driveways and drainage and perhaps we would need input from the AHRB on the old school house structure before a decision is rendered for the site plan. Ms. Winchell noted that she had forwarded the application to both the Suffolk County Planning Commission and the Town of East Hampton due to its location. The Board reviewed with John Woudsma, Building Inspector, the existing and vested structures and the proposed ones. The Board agreed to continue the application to the January 11, 2016 meeting. Ms. Winchell instructed Mr. Eagan that all new documents need to be submitted to Village Hall by December 28, WORK SESSION The Board discussed with the Drew Bennett the need to revise how the drainage calculations are determined which currently use a 2 inch rainfall and perhaps should use a 3 to 4 inch rainfall. Mr. Bennett noted that it is not uncommon and the Board should consider it. VB Plan.WS mtg

10 SeaScape Lane Mr. Bennett noted that he believed that Mr. Tohill has all the documents he needs to go forward with the revision to the drainage easement on SeaScape. Sagg Bridge Mr. Bennett told the Board that he received the proposal from Greenman Pedersen which increased greatly to approximately $100,00. for the engineering review of the bridge. Mr. Bennett noted that he believes that they want to go back and look at the entire bridge. The Board will discuss this at the January meeting in Executive Session. NOTE: Both Drew Bennett and John Woudsma were excused from the meeting: 4:55pm MINUTES Mayor Louchheim instructed the Board to review the minutes and bring any changes to the meeting next week. CORRESPONDENCE The Board reviewed the Southampton Town Police Dept. monthly report for November 2015 and notification from the East End Supervisors and Mayors Association of their December 16 th meeting. The Board also reviewed a copy of a letter from Assemblyman Thiele to the MTA Long Island Railroad concerning the Sagg Road overpass. Ms. Winchell reminded the Board that Barbara Bornstein had previously asked them if they could consider building a pedestrian walk alongside the road overpass safety reasons at which time the Board told Ms. Bornstein that it was under the jurisdiction of the LI Railroad and that she would have to contact them. Mr. Thiele s letter is a result of that. OLD BUSINESS There was no new items before the Board. NEW BUSINESS Cablevision The Board reviewed the letter of intent from Cablevision to renew the franchise agreement which expires in Mayor Louchheim asked the Clerk to ask the other Villages what they will be asking for in their agreements. Local Law Amending Village Code The Board reviewed a proposed local law to amend Section (E) (1). It will amend a section in the subdivision chapter to clarify the design standard for a flag lot. Ms. Winchell noted that it will be placed on next week s agenda for the Board to set a public hearing. VB Plan.WS mtg

11 Insurance Renewals The Board reviewed the renewals of the Village s insurance policies. The Board discussed the replacement cost of Village Hall and decided that the $759,000 cost that the Insurance was using was adequate. Ms. Winchell noted that some of the policies went up, some went down and some stayed flat which resulted in a net increase of approximately 3%. Special Events Permit The Board reviewed a Special Event Application for the Bridgehampton Marathon to be held on May 7, 2016 from 9:00am until 12:00pm coming into the Village via Bridge Lane traveling up Sagg Main to Parsonage to Town Line to Daniels and back to Bridge Lane. It was noted that there were no issues with this event last year. AHRB Member Mayor Louchheim noted that Gideon Mendelson has resigned from the AHRB and will be recommending Robert Barandes to fill his unexpired term. It will be placed on next week s agenda for the appointment. FINANCIAL Warrant Mayor Louchheim asked the Trustees to review the November financial reports and pose any questions they may have at next week s meeting. The Board reviewed the monthly warrant. BOARD/COMMITTEE REPORTS The Board will give their committee reports at next week s meeting. ADJOURNMENT On the motion of Trustee Duryea Thayer and a second by Deputy Mayor Foster the Board unanimously voted to adjourn the meeting into Executive Session to discuss contracts between the Village and the Town of Southampton. Time Noted: 5:22pm EXECUTIVE SESSION There were no actions taken in Executive Session. Time Noted: 6:00pm Rosemarie Cary Winchell, CMC Village Clerk-Treasurer VB Plan.WS mtg