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HomeMy WebLinkAboutPB-04/14/2003MINUTES April 14, 2003 6:00 p.m. Present were: Bennett Orlowski, Jr., Chairman Richard Caggiano, Member William J. Cremers, Member Kenneth L. Edwards, Member Martin H. Sidor, Member Mark Terry, Senior Environmental Planner Bruno Semon, Senior Site Plan Reviewer Victor L'Eplattenier, Site Plan Reviewer Carol Kalin, Secretary Chairman Orlowski: Good evening. I would like to call this meeting to order. The first order of business is to set Monday, May 12, 2003, at 6:00 p.m. at the Southold Town Hall, Main Road, Southold as the time and place for the next regular Planning Board Meeting. Mr. Cremers: So moved. Mr. Edwards: Second. Chairman Orlowski: Motion made and seconded. All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. Chairman Orlowski: Opposed? The motion carries. PUBLIC HEARINGS Chairman Orlowski: 6:00 p.m.: Martin, Diane - This proposal is to set off a 1.47 acre unimproved lot from a 2.42 acre parcel located on the west side of Boisseau Avenue, opposite Lisa Drive, in Southold. SCTM#1000-55-5-15 Southold Town Planninq Board Pa.qe Two April 14, 2003 Are there any comments or questions on this set-off? Hearing none, are there any questions from the Board? (There were none.) Chairman Orlowski: Hearing none, I will entertain a motion to close the hearing. Mr. Edwards: So moved. Mr. Cremers: Second. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. Chairman Orlowski: Opposed? The motion carries. (The hearing was closed at 6:04 p.m.) Does the Board have any pleasure? Mr. Cremers: Mr. Chairman, I'll offer the following: WHEREAS, the applicant proposes to set off a 1.47 acre unimproved flag lot, located within the R-80 Zoning District, from a 2.42 acre parcel with access from Boisseau Avenue in Southold; and WHEREAS, the Zoning Board of Appeals has approved an area variance (Appeal No. 4991) for the proposed 1.47 acre lot set-off, granting relief from the R-80 Zoning District Regulations; and WHEREAS, the Southold Town Planning Board, acting under the State Environmental Quality Review Act, performed an uncoordinated review of this Unlisted Action and issued a Negative Declaration on April 9, 2002; and WHEREAS, the Southold Town Planning Board granted sketch plan approval on April 2, 2002 on the maps dated December 10, 2001; and WHEREAS, the Southold Fire District has determined in an April 2, 2003 letter that no firewell is required; and WHEREAS, the Suffolk County Department of Health granted approval of the action on February 7, 2003; and WHEREAS, the Suffolk County Water Authority issued a Letter of Water Availability, dated November 26, 2002; and Southold Town Planninq Board Pa,qe Three April 14, 2003 WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has received affidavits that the applicant has complied with the notification provisions; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; be it therefore RESOLVED, that the Southold Town Planning Board grant conditional final approval on the maps, dated as revised April 2002, subject to the following condition: 1. The submittal of the $5,000.00 Park & Playground Fee to the Planning Board Office. Mr. Edwards: Second the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. Chairman Orlowski: Opposed? The motion carries. Chairman Orlowski: 6:05 p.m.: Cove Beach Estates Lot Line Chanqe - This proposed lot line change will transfer 1.1 acres from Parcel A (SCTM#1000-22-3-18.7) to Parcel B (SCTM#1000-22-3-18.1) to amend the location of a right-of-way described in a deed, Liber 8717, Page 267, recorded in the Suffolk County Clerk's Office. The property is located north of NYS Route 25 in East Marion. SCTM#1000-22-3-18.1 & 18.7 Charles Cuddy, Esq.: Mr. Chairman, Board Members: The good news is I have laryngitis so I can't talk. Howard Young is here with me and would be glad to answer any questions. This is an old map that has been before you a number of times. I have the original cards here. Chairman Orlowski: O.K. Any other comments? Wayne Rock, East Marion, NY: Good evening. What's exactly going on with parcel A and B regarding the right-of-way? Chairman Orlowski: The right-of-way is being moved to the west 50'. It is an agreement by the landowner. There is a lot of land preserved in this area. They wanted to move it over and Howard could probably give a better reason for why they moved it over but, it's like I said again, everything is in a preservation mode down there so it's just moving the right-of-way. Wayne Rock: Why are they moving the right-of-way? Southold Town Planninq Board Pa,qe Four April 14, 2003 Chairman Orlowski: Do you want to explain it a little better, Howard? Howard Younq, 400 Ostrander Avenue, Riverhead, New York: I am the land surveyor on the job. Without going into long detail, the lay-out of the lots on the Cove Beach part of this property work a little bit better with setbacks from the bluff by moving this right-of- way over fifty feet. It gave us a better building envelope on Lots One and Two, I believe, the numbers are. Chairman Orlowski: On the top where the cul-de-sac is. Howard Younq: Yes. I don't know if you can see on this map but we have a subdivision here of ten lots up here along the Sound and the building envelopes on these first two lots, Lots One and Two, were increased by fifty feet by moving this right-of-way over slightly to the west. So, we have taken fifty feet off of this property and added it to this property. We are not creating any new lots or anything. Wayne Rock: Is this also affecting Lots Three, Four, Five, Six, Seven, Eight, Nine, Ten or only Lots One and Two regarding the right-of-way? Chairman Orlowski: I believe it is just Lots One and Two. Howard Younq: There are not any lots until we make this change because this goes first and then we do the lots. I think that is the way the Board set it up. Chairman Orlowski: Yes, but is not really changing it. We haven't gotten to that subdivision yet. Wayne Rock: O.K. Also, again regarding the right-of-way, regarding the acreage which is, basically, 1.1. Is this within a forest area or is this already flat land without any trees? Howard Younq: It's wooded. Wayne Rock: And does the DEC need to approve anything? Mark Terry: No. It is not in their jurisdiction. Wayne Rock: It is not? Chairman Orlowski: No. Wayne Rock: O.K. I am also concerned about another aspect. Is the majority - I don't know what forested - I don't know what rules stand within Southold Town but one of the questions is: Is the majority of the property forested? Now, I don't know what that means. Does that mean a couple of trees? A lot of trees? Because they indicated no and I just wanted to clarify that part also regarding the parcel or regarding the right-of- way - 1.1acres - is it forested or not? Southold Town Planninq Board Pa.qe Five April 14, 2003 Chairman Orlowski: Do you want to answer that, Mark? Charles Cuddy, Esq.: There is some woods on this property but I don't know the gentleman but you should understand that two-thirds of this property is preserved of this hundred acres and so what we are doing is we are taking two pieces that the same entities own - owned by the same principal - we are just trading a small piece on one side for a piece on the other side. That is all we are doing. But, there is some woods as you come up here, yes. Wayne Rock: So, there is woods? Charles Cuddy, Esq.: But, the majority of the woods on this site is being preserved. Wayne Rock: Now, tonight we are not allowed to talk about any of the lots - we just talk about the right-of-way, correct? Chairman Orlowski: This is just the right-of-way tonight. Wayne Rock: All right, then I would like to submit something to the Board. Sorry to be a little bit disorganized. Chairman Orlowski: That's o.k. Wayne Rock: Thank you. I do have a letter to submit to the Board but I also want to indicate that, being an environmentalist, I think it is great that Mr. Raoul Witteveen is protecting as much as he can with what he has to deal with and I understand regarding - I know I am not allowed to discuss any of the lots but we want to preserve as much as we can. Is Mr. Witteveen here tonight? Chairman Orlowski: If you want - this is strictly on the right-of-way - and you have no more questions on this, I am sure that Charlie and Howard will talk to you in the hall about this and give you a better prospective of what's going to happen there. Wayne Rock: All right. I just have to find my letter and I will submit it to you once I find it. Thank you. Chairman Orlowski: O.K. That will be fine. Wayne Rock: Here it is. Chairman Orlowski: O.K. Thank you. Wayne Rock: You're welcome. Chairman Orlowski: Any other comments? Southold Town Planninq Board Pa.qe Six April 14, 2003 Don Cattrone (sp.?), 555 Private Road Number One: I border this project and that area is heavily wooded. It is not wooded; it is heavily wooded. There are also salamanders in that area because my kids had them this weekend; they were playing with them. They are the spotted salamanders and they are all over the place. That's not the issue tonight but the right-of-way - if we decide that that right-of-way move is not acceptable, does the project die in the form that it is in - if they don't move the right-of-way? Chairman Orlowski: It is up to them. We don't make that decision. Don Cattrone: Who makes that decision? Chairman Orlowski: The applicant makes that decision if we do it or we don't do it. Don Cattrone: O.K. What about all the wildlife that is running around in there? What happens to it? Mark Terry: This project has been heavily evaluated in the past. There is an Environmental Impact Statement that has been conducted as well as an Archeological Survey. We are aware that there are endangered and threatened species on site. Those are labeled on what they call a "Circles & Squares Map". We have considered all this at this point. The applicant has put in a Conservation Easement on close to ninety-six acres of this parcel and has included within that ninety-six acres all the areas that are deemed sensitive. We don't release that to the public but we know where these locations are and I do realize that things change and some other things may pop up and, if they do, you should report them to the DEC. Don Cattrone: O.K. To put in the minutes, I'd say that there are no less than fifty deer in there. There are owl in there; there are hawk in there, red fox and, I would say, most of them are living in the area where the subdivision is going to kick them out near the bluffs. Mark Terry: There are actually Conservation Easements on the lots themselves. Don Cattrone: I am not sure if everybody else knew what was in there, you know, even though everything to the east was preserved. Most of these species aren't there because of the winds and what not; they are more west. So, that is an important thing to look at. Mark Terry: O.K. We will note that. Don Cattrone: And I'll talk to him about the map. I haven't seen the lot but that map outside is not up to date. It doesn't have many lots on it. Mark Terry: Once again, this is just for the lot line of the right-of-way. Don Cattrone: O.K. Thanks. Southold Town Planninq Board Pa,qe Seven April 14, 2003 Chairman Orlowski: O.K. Any other comments? Hearing none, any questions from the Board? (There were no questions.) I will entertain a motion to close the hearing. Mr. Cremers: So move. Mr. Edwards: Second. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. Chairman Orlowski: Opposed? The motion carries. (The hearing was closed at 6:17 p.m.) Does the Board have a pleasure? Mr. Ca,q,qiano: Mr. Chairman, I'll offer the following: WHEREAS, the applicant proposes to adjust the lot line between Parcel A (SCTM# 1000-22-3-18.7 and Parcel B (SCTM#1000-22-3-18.1) equal in area to 1.1 acres to amend the location of the right-of-way described in a deed recorded in Liber 8717, Page 267, Office of the Suffolk County Clerk; and WHEREAS, the Southold Town Planning Board, acting under the State Environmental Quality Review Act, performed an uncoordinated review of this Unlisted Action and granted a Negative Declaration; and WHEREAS, the Southold Town Planning Board granted sketch plan approval on the plat dated February 5, 2002; and WHEREAS, all the requirements of the Lot Line Regulations of the Town of Southold have been met; be it therefore RESOLVED that the Southold Town Planning Board grant conditional final approval on the plats, dated February 5, 2002, and authorize the Chairman to endorse the final plat subject to fulfillment of the following conditions. These conditions must be met within six (6) months of the resolution: 1. The filing of new deeds pertaining to the lot line amendment with the Suffolk County Clerk and submittal of the corrected deed to this office. 2. The submittal of 5 paper copies of the plat. Mr. Cremers: Second the motion. Southold Town Planninq Board Pa.qe Ei.qht April 14, 2003 Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. Chairman Orlowski: Opposed? The motion carries. Chairman Orlowski: 6:10 p.m.: McNult¥, John & Frank - This proposed lot line change will transfer 1.567 acres from Parcel 1 (SCTM#1000-129-1-3) to Parcel 2 (SCTM#1000- 129-1-2). The property is located on the north corner of Laurel Lane and Peconic Bay Boulevard in Laurel. Any comments on this? John McNulty: Just that I move the application. John Ehlers: Hello. My name is John Ehlers. My brother, Dick Ehlers, and I own a piece of property across from the proposed action and I just have a couple of questions. The requirements for a lot line change ask for several things. One of them is the existing and proposed lot lines. The lines that are shown on the proposed map as existing lines are different from the existing lines shown on the Real Property Tax Service Map, so it seems interesting or inappropriate, I would think, to be changing lines on lines on the map that don't agree with the current tax map. I can bring this up, if you like. Chairman Orlowski: I think there was a question on it. Mr. Ehlers: The proposed map shows a seven-foot strip behind that piece that does not show up on the tax map. Mr. McNulty: Could we have the first sheet of the tax map offered in evidence as well because that designates on the first sheet of the Suffolk County Tax Map a notation that the maps contained therein are inaccurate and are not to be used for any accurate or legal purpose whatsoever. Whenever I go over to the Tax Service Agency in the County of Suffolk and I try to use a tax map description, they tell me it is not a legal description. Chairman Orlowski: This is pretty good. We have a lawyer against a surveyor here. We are talking about a lot line change. It has been a question, and Mark can tell you, we did look into that because we were not sure what that was but it does come up differently. But the tax maps - Mr. McNulty: They are inaccurate. Chairman Orlowski: They usually are. So, your question is what are we going by - the tax map or the - as a surveyor, would you stamp the plans with a seven foot right-of-way or not? Southold Town Planninq Board Pa.qe Nine April 14, 2003 John Ehlers: I did not survey the property so I don't know the answer to that question. However, I bring it up as a discrepancy in the plan. That is not - that's just an ancillary thing really. Our main concern is more than that. Our main concern is that - again - the requirements for the Town require that the maps show any areas subject to flooding and spot grades, existing spot grades. There is a significant area that handles farm flooding on the property and there are no spot grades that might show you that on the map. I brought a copy of the Five Eastern Towns Tepe. Map - several copies, in fact - that show the depression that is on the property. Our concern is that, if at some future time, the property would again be subdivided or, if at sometime there was a house built across the street, that that property would be raised and the water that comes from the farm would then go across the road and impact our property. It shows up very clearly on the Five Eastern Towns Tepe Map but it does not show up at all on the proposed map. Chairman Orlowski: You know, it is a question for the future. I mean, we are taking one small tiny parcel and making it a little bit larger and the other large parcel, making a little bit smaller. In any future subdivision, in the future, any land subject to flooding would be taken out and there would be a concern. Any water that is on the property has to stay on the property. If they change that grade and take it off, that is a problem you would have with the Building Department or whoever else would allow them to do something like that. To my knowledge, I don't think anybody can do that. That would be something to look for in the future. John Ehlers: Those are our two concerns. Chairman Orlowski: O.K. John Ehlers: Thank you. John McNulty: Now, I have lived on that property for seventy years. I never saw any water on it. I saw water over on the Riverhead side; I have never seen any water down there. I've seen water in the hollow up further north near the railroad. Besides, I was doing nothing except changing the ownership of the land. John Ehlers: If you were to approve this in spite of the fact that the tax map shows differently than the proposed, would it be possible to have a covenant put on the property regarding the Iow area and how that would be handled in the future? Chairman Orlowski: At this point in time, like I said, I have been here for a long time and I don't remember ever putting a covenant about - the applicant gets a building permit, the Building Department is going to review it and anything subject to flooding or creates something for the neighbor, the Building Department would notice that and make that call or make them make that adjustment. With a lot line change like this, I don't think we need to do that here. John Ehlers: O.K. Especially that would be in light of the fact that the applicants have not signed a letter stating that there would be no further subdivision so it is obviously apparent that they intend to subdivide the property. Southold Town Planninq Board Pa.qe Ten April 14, 2003 Mr. McNulty: Nothing is obvious. Chairman Orlowski: Well, we can't have a debate here. The Board is having a hearing. Mr. McNulty: ... (inaudible) confused or something. Chairman Orlowski: Well, then you guys can take it outside. We're just going to have a hearing on this. Are there any other comments? (There were none.) Does the Board have any comments? (There were no comments from the Board.) O.K. I will entertain a motion to close the hearing. Mr. Cremers: So move. Mr. Edwards: Second. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. Chairman Orlowski: Opposed? The motion carries. (The hearing was closed at 6:25 p.m.) Does the Board have any pleasure? Mr. Edwards: Mr. Chairman, I'll offer the following resolution: WHEREAS, the applicant proposes to amend the lot line between parcels SCTM# 1000-129-1-2 (Parcel 1) and SCTM#1000-129-1-3 (Parcel 2) and transfer 1.567 acres from Parcel 1 to Parcel 2 where Parcel 1 would equal 1.567 acres and Parcel 2 would equal 2.011 acres; and WHEREAS, following the transfer, both lots will conform to the R-40 Zoning District; WHEREAS, the Southold Town Planning Board, acting under the State Environmental Quality Review Act, performed an uncoordinated review of this Unlisted Action and issued a Negative Declaration on March 11, 2003; and WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has received affidavits that the applicant has complied with the notification provisions; and WHEREAS, all the requirements of the lot line regulations of the Town of Southold have been met; be it therefore Southold Town Planninq Board Pa.qe Eleven April 14, 2003 RESOLVED that the Southold Town Planning Board grant conditional final approval on the surveys, dated August 28, 2002, and authorize the Chairman to endorse the final surveys subject to fulfillment of the following condition. This condition must be met within six (6) months of the resolution: 1. The filing of new deeds with the Office of the Suffolk County Clerk pertaining to the amendment of the lot line. Mr. Cremers: Second. Chairman Orlowski: Motion made and seconded. Any questions on the motion? John Ehlers: The gentleman said that all requirements were met for the lot line change and there are no spot grades on the property so I don't know see how he can say all the requirements have been met. There are no spot grades on the map. Mark Terry: The difference here is that this is a lot line; this is not a subdivision. A subdivision would require elevations and topography. A lot line change does not actually approve a new lot so, therefore - Mr. Ehlers: The requirement is right here. The lot line change. It's what we go by. One of them, the requirements, is existing spot grades. So now, which - in the future - which one don't I have to adhere to when I submit maps? You know, if you want to be consistent, you have to be consistent. The map doesn't meet your standards. Does that mean anything? Chairman Orlowski: Well- Mark Terry: I could not find them. If he submits that, that is fine. He has conditional final at this point. If something new comes up, we should consider it but, at this point - can you submit that piece of paper? Mr. Ehlers: Sure. Everybody has that. It ask for areas of flooding; it's obviously an area of flooding - and existing spot grades. Mark Terry: I will have to look at this site. Mr. Ehlers: I didn't type it up. Mark Terry: No, I know that. Bruno Semon: Where did the paper come from? Mark Terry: It says the Planning Board. Bruno Semon: It's from the application? Southold Town Planninq Board Pa.qe Twelve April 14, 2003 Mark Terry: 1995. I will research this piece of paper. It is not referenced in The Code that these are requirements. I don't know exactly what weight this paper holds at this point. It is not in the application package, is it Carol? Chairman Orlowski: It has got to be in the application packet. That's not in The Code. John Ehlers: You're all thinking it may or may not be; you're not sure. It is what we have been given any number of times as to how to prepare a lot line change. Chairman Orlowski: You have us on a technicality here and I think that we will probably hold this over until the next meeting and look at this. It is not in The Code. To be honest, I have never seen that. This is not a subdivision; it is a lot line change. If by next month Mr. McNulty puts a spot grade on that, I guess it would be ready to - Mr. Ehlers: And the areas of flooding. Chairman Orlowski: And the areas of flooding. Mr. McNulty: Well, I know no evidence that there are any areas of flooding. Chairman Orlowski: Well, I can't tell you from here so - Mr. McNulty: I can because I have been. I have lived there for seventy years. Chairman Orlowski: O.K. Mr. McNulty: Just because some so called neighbor comes up and wants to ask silly questions - he says it is an area of flooding. I would like to have some documentation of what the proof is on his side and what it is the Board requires. Chairman Orlowski: Well, we have a motion and I think Mr. Edwards is ready to rescind his motion to take a closer look at this. Mr. Edwards: Based on the information that has been received, until it gets further review, I would like to rescind my motion. Chairman Orlowski: And we will take a look at the property again and get back to you next month. I have a motion to rescind. Mr. Cremers: Second. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. Chairman Orlowski: Opposed? The motion carries. Southold Town Planninq Board Pa,qe Thirteen April 14, 2003 Chairman Orlowski: 6:15 p.m.: Reflectinq Nature Landscaping -This proposed site plan is to construct a 2,520 storage building and office in a contractor's yard on a 1.1 acre parcel. The property is located on the north side of CR 48, at 260 Cox's Neck Lane, Mattituck SCTM#1000-113-14-10 We are going to have to hold this hearing open. We had a little discrepancy in the Building Department as far as trying to certify this today. I think the applicant is here. Does he want to make any comments while this is open? Paul Pawlowski: Good afternoon. My only question is: This site plan that I have produced has been circulating for a number of months. I don't even know - nine months. My first question thirteen months ago was about zoning and would a landscaper be approved, would there be any red lights for a landscape warehouse on this location. I was told at that time no and I am wondering how - the reason why this is being held open is for set-offs from the road from 60 to 100 feet and also I was told to go for a variance for special use. My question is: How was this overlooked for this long? Chairman Orlowski: Victor, do you want to - Victor L'Eplattenier: Well, the short answer is that the application was for a warehouse and office which is permitted use in that zone. However, it turns out that the Building Department is looking at this more as a contractor's yard. When it is looked at that way, it requires a Special Exception in that zone for that type of use and that is what the Building Department today decided. So the real referral is for the use, which requires that Special Exception. Then, in addition, the set-back - when you look at it under that use - the set-back requirements then require another look-see so the building may have to be moved back and some additional distance ...(inaudible) Paul Pawlowski: The setbacks are from 60 to 100 and I am just concerned that we have done every possible provision and everything we have been asked to change the site plan. We have done everything and from extreme things to things showing actually where a handicapped sign would be. I am just interested that I wasn't asked to change the site - the set-offs - and the site plan was for the permits for a landscaper's warehouse from Day One. There was no hiding it. It's Reflecting Nature Landscaping. I just - I am shocked the day of the hearing that I am hearing this. That's all. Chairman Orlowski: Well, the Board did try to push this along and get it done. Paul Pawlowski: I appreciate that. It is just that - Chairman Orlowski: I know. It came in as a storage and office and the Building Department did not want it look at it that way. It is more of a contractor's yard which throws it to another use. You are going to have to talk that over with the Building Department as far as what your use is and what you have to get. We only do the certification just before the meeting so we are looking at something - now we come to the meeting, now it's something else and we did not control that. Southold Town Planninq Board Pa,qe Fourteen April 14, 2003 Paul Pawlowski: I understand that. It's just - Chairman Orlowski: So, for that question, you know, you can't get it answered here. You have to get an answer at the Building Department. What we will do is we will hold this hearing open until we can get that question answered and you can find out what it is all about. Paul Pawlowski: O.K. Very good. Thank you. Chairman Orlowski: Any other comments on this? I will entertain a motion to hold this hearing open. Mr. Cremers: So moved. Mr. Edwards: Second. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. Chairman Orlowski: Opposed? The motion carries. Chairman Orlowski: 6:20 p.m.: Island Health Project, Inc. Site Plan - This proposed site plan is for a change to the parking configuration, changes to the access & egress to improve handicap accessibility, & modify the layout of the existing doctor's office & residence. The property is located at the north corner of Oriental Avenue and Crescent Avenue on Fishers Island. SCTM#1000-9-2-8.1 (formerly 1000-9-2-6.2 & 8) Patricia Moore, Esq., Main Road, Southold, attorney for Island Health: Thank you. We finally heard from Richard Mathew. I believe you received a fax letter today. He's not coming. He and I spoke. Mr. Edwards, I know you have recused yourself for the record so thank you. We start off going back to the seventies when this property was originally - it went from Fishers Island Utility Company to half to Anthoine and half to Island Health which was the operator of the existing health center. The Board has consistently asked why haven't we withdrawn our application to merge the property and we come right back to the issue why we have not withdrawn that application by the second paragraph of Mr. Mathew's letter which kind of brings to the forefront the start of his argument which is that right at the beginning, this parcel when it was 9-296(?) as one piece owned by utility company that, at that time when it was split by the deed from the utility company to the two adjacent property owners, that that he has challenged and we have sought to have it legally recognized by the merging of our piece 6.2 to the adjacent piece, 8, so that is why, as part of this site plan, we hope to resolve the entire process by resolution Southold Town Planninq Board Pa.qe Fifteen April 14, 2003 of the Board. So, there would be a chronology in your resolution that would identify right from the beginning how this lot was created and how the ultimate site plan that is before you is being reviewed. That is our goal. We have some time because one of the issues that I know that I raised with the Board was that we have some title issues with respect to deed transfers that occurred many years - in the fifties - that we want to be sure that there is clear title - clean title - so that when the site plan approval is actually obtained, that we can file the deeds right away and we can't do that if we know that there is a title problem so we are trying to resolve that title problem and we thank the Board for your indulgence in keeping these hearings open for as long as you have but it avoids time frames from triggering. So, right from the beginning, we would like the Board to consider that merging so that it resolves the problem once and for all. Interestingly enough, and I keep raising this with Richard Matthew, is that the Anthoine Family - or Windham Resources which is the successor in title LLC - they have applied to the Town Board for a change of zone and they have included this parcel that he has challenged in its inception as part of the zone change application. So, I would suggest that, certainly in your referral to the Town Board as far as the zone change, that maybe you make him or his client acknowledge that this piece is merged to his parcel as well. There, in a sense, you can't ask for a zone change application if he is claiming that this is an illegally created parcel. The argument just does not fly. So, I would hope that that gets cleaned up and we kind of start putting the ducks in order so that if he chooses to appeal in an Article 78 - whatever action that is taken - we have some defenses as well that, you know, their own actions - by their own actions. One of the - something that I just received today from Island Health - from Allie Reardon - is the internal layout of the doctor's office and I'll submit that for the Board for your file. It is the internal that correlates with the site plan that you have before you so that way you can have it in you file for the final approval. One of the other issues that he raises is the use of the property and the Board - the Building Department had recently in the last six months, I would say, had issued a Pre- CO for the structure. We all recognize that this property has been used as a doctor's office as the clinic - centrally the health facility on Fishers Island since the fifties, I believe, there abouts - and one of the issues that he raises toward the bottom of his letter is the fact that we have the doctor's office - that we are relocating the space. It has always been a doctor's office. It will continue to be a doctor's office. From its inception - the time it was constructed - doctors don't live on - few doctors were living on Fishers Island. I don't think there were any. They had to be shipped in so that they would have a residence to live in while they also had the office as part of the doctor's residence. It has never been a home occupancy to the extent that the doctor owned the building and had his office. It was always - whether it is a civic association, thereafter Island Health - the form of health care on Fishers Island was from this building and the residence for the doctor whether it was a visiting physician or one that was contracted that could stay on for longer periods of time. That was their occupancy. So, that has continued. It will continue to this date and long in the future. So, the issue with respect to a change in its use as part of your certification for the site plan, I would hope the Building Department Southold Town Planninq Board Pa.qe Sixteen April 14, 2003 will recognize the fact that they just recently issued a Pre-CO that legally recognizes the fact that this use has existed prior to zoning. So, that was the other issue he raises in his letter and that pretty much covers all of his points. Chairman Orlowski: Well, we are going to entertain a motion to keep this open. We just got that ourselves so you pretty much read it to us, but I haven't even seen it. So, we are going to look at it and go over it and keep this hearing open as we do with other hearings from Fishers Island and go on from there. Does anybody else want to make any comments? Hearing none I will entertain a motion to hold this hearing open. Mr. Cremers: So moved. Mr. Ca,q,qiano: Second. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Sidor. Mr. Edwards: I abstain for reasons previously stated. Chairman Orlowski: Opposed? The motion carries. Hearings Held Over From Previous Meetings: Chairman Orlowski: Fishers Island Club, Inc. - This proposed site plan is for a 3,200 sq. ft. equipment storage building with an attached 800 sq. ft. covered equipment wash pad. The property is located on East End Road on Fishers Island. SCTM#1000-1-1-3.13 This too is, I believe, still at the Zoning Board and we are waiting to hear from them. I will entertain a motion to keep that hearing open. Mr. Edwards: So moved. Mr. Cremers: Second. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. Chairman Orlowski: Opposed? The motion carries. Southold Town Planninq Board Pa.qe Seventeen April 14, 2003 Chairman Orlowski: Perino, Joseph - This proposed major subdivision is for 7 lots on 20.8211acres. The property is located on the south side of Main Road, 150' west of Sigsbee Road in Mattituck. SCTM#1000-122-7-9. This, too, is still held open and it is, basically, because of the moratorium that is in place. It is open if anybody has any comments. Hearing none, I will entertain a motion: WHEREAS, the above application is a major subdivision without an executed conservation component; and WHEREAS, the applicant has requested a waiver from Local Law Number 3; and WHEREAS, the request was denied by the Town Board; be it therefore RESOLVED that Local Law Number 3 was adopted at the regular meeting of the Southold Town Board on August 13, 2002 entitled "Local Law in relation to a Temporary Moratorium on Processing, Review of, and making decisions on applications for Major Subdivisions, Minor Subdivisions and Special Use Permits containing Dwelling Units in the Town of Southold" and therefore no comment can be accepted or action can be made on this application. Mr. Cremers: Second the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. Chairman Orlowski: Opposed? The motion carries. Chairman Orlowski: Island Health Project, Inc. Lot Line ChanRe - This proposed lot line change is to merge a 10,890 sq. ft. parcel, SCTM#1000-9-2-6.2, with a 12,565 sq. ft. parcel, SCTM#1000-9-2-8, creating a 23,455 sq. ft. parcel. The properties are located at the north corner of Oriental Avenue and Crescent Avenue on Fishers Island. This is on the lot line change, not on the site plan. I'll entertain a motion to keep it open, hearing no comments. Mr. Ca,q,qiano: So move. Mr. Cremers: Second. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Southold Town Planninq Board Pa.qe Ei.qhteen April 14, 2003 Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Sidor. Mr. Edwards: I abstain for reasons previously stated. Chairman Orlowski: Opposed? The motion carries. MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES AND SET- OFF APPLICATIONS Final Determinations: Chairman Orlowski: Salzman, Jeffrey & Ammanda - This proposed lot line change will transfer 1.41 acres from Lot #2 (SCTM#1000-4-6-4.2) to Lot #1 (SCTM#1000-4-6-4.1). Following the transfer, Lot #1 would equal 4.29+ acres and Lot #2 would equal 4.32+ acres. The parcels are located south of East End Road on Fishers Island. Mr. Edwards: Mr. Chairman, I'll offer the following resolution: WHEREAS, the applicant proposes to transfer 1.41 acres from SCTM#1000-4-6-4.2 (Lot #2) to SCTM#1000-4-6-4.1 (Lot #1 ); and WHEREAS, following the action, Lot 1 will equal 4.29 acres and Lot 2 will equal 4.32 acres; and WHEREAS, the applicant's agent has informed the Planning Board that the 4.29 acres has been deeded to the Henry L. Ferguson Museum and the tennis court has been removed; and WHEREAS, all the conditions of conditional final approval have been satisfied; be it therefore RESOLVED, that the Southold Town Planning Board grant final approval on the surveys, dated October 10, 2002, and authorize the Chairman to endorse the final surveys. Mr. Cremers: Second the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. Chairman Orlowski: Opposed? The motion carries. Southold Town Planninq Board Setting of Final Hearings: Pa,qe Nineteen April 14, 2003 Chairman Orlowski: Marvin, Edgar & Arlene - This proposal is for a cluster subdivision of 2 lots on 2.081 acres. The subdivision is located on the south side of Jackson Street, 431.57' west of Fifth Street in New Suffolk. SCTM#1000-117-10-9 Mr. Cremers: Mr. Chairman, I'll offer the following: RESOLVED that the Southold Town Planning Board set Monday, May 12, 2003, at 6:05 p.m. for a final public hearing on the maps, dated November 18, 1998, and last revised September 25, 2002. Mr. Edwards: Second the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. Chairman Orlowski: Opposed? The motion carries. Chairman Orlowski: Bayview Overlook at Southold - This proposal is to set off an 8.00 acre parcel from an existing 24.043 acre parcel located on the north side of North Bayview Road, approximately 600' east of Reydon Drive in Southold. SCTM#1000-79- 5-20.13 Mr. Cremers: Mr. Chairman, I'll offer the following: RESOLVED that the Southold Town Planning Board set Monday, May 12, 2003, at 6:10 p.m. for a final public hearing on the maps, dated July 3, 2002, and last revised July 9, 2002. Mr. Edwards: Second the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. Chairman Orlowski: Opposed? The motion carries. Chairman Orlowski: Morton, Keith S./Gemma, Pasquale A. - This proposed lot line change will transfer. 15 acres from a 15.5118 acre improved lot (SCTM#1000-26-1- Southold Town Planninq Board Pa.qe Twenty April 14, 2003 32.1 ) to a .48 improved lot (SCTM#1000-25-4-11.6). The property is located north of King Street, 320+' west of the intersection of King Street and Old Farm Road in Orient. Mr. Cremers: Mr. Chairman, I'll offer the following: RESOLVED that the Southold Town Planning Board set Monday, May 12, 2003, at 6:20 p.m. for a final public hearing on the maps, dated December 15, 2002. Mr. Edwards: Second the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. Chairman Orlowski: Opposed? The motion carries. Chairman Orlowski: Raake, Barbara & Robert - This proposed lot line change will transfer 2,211 sq. ft. from SCTM#1000-113-13-18 to SCTM#1000-113-13-19 and transfer 2,211 sq. ft. from SCTM#1000-113-13-19 to SCTM#1000-113-13-18. The property is located south of Westphalia Avenue in Mattituck. Mr. Cremers: Mr. Chairman, I'll offer the following: RESOLVED that the Southold Town Planning Board set Monday, May 12, 2003, at 6:25 p.m. for a final public hearing on the maps, dated January 30, 2003. Mr. Edwards: Second the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. Chairman Orlowski: Opposed? The motion carries. Sketch Determinations: Chairman Orlowski: Doroski Family Ltd. Partnership - This proposed minor subdivision is for 4 lots on 40.56 acres in Southold. The parcel is located south of Sound View Avenue, 170' west of Hope Lane. The Town of Southold purchased the Development Rights on 33.16 acres. SCTM#1000-69-1-9 Mr. Ca.q.qiano: Mr. Chairman, I'll offer the following: Southold Town Planninq Board Pa.qe Twenty-One April 14, 2003 WHEREAS, this proposed subdivision is for 4 lots on 40.56 acres located south of Sound View Avenue, + 170' west of Hope Lane, Southold where Lot 1 equals 99,316 sq. ft.; Lot 2 equals 103,823 sq. ft.; Lot 3 equals 80,000 sq. ft. and Lot 4 34.06 acres; and WHEREAS, the Town of Southold has purchased Development Rights on 33.16 acres of Lot 4; and WHEREAS, the Southold Town Planning Board, pursuant to Part 617, Article 6 of the Environmental Conservation Law acting under the State Environmental Quality Review Act, initiated the SEQR coordination process for this Unlisted Action; and WHEREAS, the Southold Fire District is not requiring a firewell for the action; and WHEREAS, the Southold Town Board of Trustees issued a letter of non-jurisdiction on July 22, 2002; and WHEREAS, due to a discrepancy between two versions of the survey showing wetlands, the Planning Board required that the wetlands be flagged to better assess any potential adverse impacts; and WHEREAS, the wetlands have been flagged, confirmed and surveyed; therefore be it RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act established itself as lead agency, and as lead agency, makes a determination of non-significance and grants a Negative Declaration. Mr. Cremers: Second the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. Chairman Orlowski: Opposed? The motion carries. Mr. Ca,q,qiano: BE IT FURTHER RESOLVED, that the Southold Town Planning Board grant conditional sketch plan approval on the maps, dated as revised February 6, 2003, subject to the following condition: 1. Add the term "clustered" to the plat title. Mr. Cremers: Second the motion. Southold Town Planninq Board Pa.qe Twenty-Two April 14, 2003 Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. Chairman Orlowski: Opposed? The motion carries. Paradise Point Estates - This proposed lot line change will transfer 1.70 acres from Parcel 2 (SCTM#1000-81-3-25) to Parcel 1 (SCTM#1000-81-3-24) in the R-80 Zoning District. The property is located approximately 680' north of Cedar Beach Road in Southold. Want to do that one, Marty? Mr. Sidor: Sure. WHEREAS, the applicant proposes to amend a lot line and transfer 1.70 acres from Parcel 2 (SCTM#1000-81-3-25) to Parcel 1 (SCTM#1000-81-3-24); and WHEREAS, following the transfer, Parcel 1 will equal 2.347 acres and Parcel 2 will equal 3.107 acres, both conforming to the R-80 Zoning District; be it therefore RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, do an uncoordinated review of this Unlisted Action. The Planning Board establishes itself as lead agency, and as lead agency, makes a determination of non-significance and grants a Negative Declaration. Mr. Cremers: Second the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. Chairman Orlowski: Opposed? The motion carries. Mr. Sidor: FURTHER RESOLVED, that the Southold Town Planning Board grant conditional sketch plan approval on the maps dated as revised, September 15, 2002, subject to the following condition: Southold Town Planninq Board Pa.qe Twenty-Three April 14, 2003 The structure located on SCTM#1000-81-3-24 must be moved prior to issuance of any final approval for the proposed lot line modification. The new location of the structure must conform to all applicable setbacks as defined by Section 100-31 as required by the Town Code of the Town of Southold. Mr. Cremers: Second the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. Chairman Orlowski: Opposed? The motion carries. Chairman Orlowski: Helen Rust Family Partnership - This proposal is to amend the lot line between SCTM#1000-111-14-34 and SCTM#1000-111-14-36.5 by transferring 7,529 sq. ft. from Lot 1 (SCTM#1000-111-14-34)to Lot 2 (SCTM#1000-111-14-36.5). The property is located s/o Wunneweta Road and n/o Bayberry Road in Cutchogue. Mr. Cremers: Mr. Chairman, I'll offer the following: WHEREAS, the applicant proposes to transfer 7,529 sq. ft. from SCTM#1000-111-14- 34 (Lot 1) to SCTM#1000-111-14-36.5 (Lot 2); and WHEREAS, following the transfer, Lot 1 would equal 46,278 sq. ft. and Lot 2 would equal 47,497 sq. ft. and will conform to the R-40 Zoning District; therefore be it RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, do an uncoordinated review of this Unlisted Action. The Planning Board establishes itself as lead agency, and as lead agency, makes a determination of non-significance and grants a Negative Declaration. Mr. Edwards: Second the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. Chairman Orlowski: Opposed? The motion carries. Southold Town Planninq Board Pa.qe Twenty-Four April 14, 2003 Chairman Orlowski: Schneider, Ernest - This proposal is to transfer .313 acres from SCTM#1000-90-4-6 (Lot 2) to SCTM#1000-90-4-5 (Lot 1 ) in the R-40 Zoning District. The parcel is located at 915 Lakeside Drive in Southold. Mr. Edwards: Mr. Chairman, I'll offer the following: WHEREAS, the applicant proposes a lot line adjustment between SCTM#1000-90-4-5 (Lot 1 ) and SCTM#1000-90-4-6 (Lot 2); and WHEREAS, Lot 1 is unimproved and Lot 2 is improved; and WHEREAS, the applicant proposes to transfer .313 acres from Lot 1 to Lot 2; and WHEREAS, following the action, Lot 1 will equal 49,591 sq. ft. and Lot 2 will equal 43,956 sq. ft.; and WHEREAS, the New York State Department of Environmental Protection has issued an Article 25 Tidal Wetlands Permit (1-4738-02919/00001) and the Town of Southold Trustees issued a Chapter 97 Permit (5474) for the proposed action of constructing a single family residence upon Lot 1; and WHEREAS, the permit mandates best management practices to mitigate expected impacts; therefore be it RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, do an uncoordinated review of this Unlisted Action. Mr. Cremers: Second the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. Chairman Orlowski: Opposed? The motion carries. SITE PLANS Setting of Final Hearings: Chairman Orlowski: Omnipoint Communications - This proposed site plan is to co- locate up to twelve communications antennas on an existing monopole and install related equipment and fencing. The property is located on the north side of CR 48, 750' west of Cox's Lane, Cutchogue. SCTM#1000-96-1-19.1 Southold Town Planninq Board Pa.qe Twenty-Five April 14, 2003 Mr. Cremers: Mr. Chairman, I'll offer the following: RESOLVED that the Southold Town Planning Board set Monday, May 12, 2003, at 6:00 p.m. for a final public hearing on the maps, dated August 16, 2002, and last revised January 16, 2003. Mr. Edwards: Second the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. Chairman Orlowski: Opposed? The motion carries. Chairman Orlowski: Breezy Sound Corp. - This proposed site plan is for a 68-unit motel complex. The property is located on CR 48 in Greenport. SCTM#1000-45-1-2.1 Mr. Cremers: Mr. Chairman, I'll offer the following: RESOLVED that the Southold Town Planning Board set Monday, May 12, 2003, at 6:15 p.m. for a final public hearing on the maps, last revised August 2, 2002. Mr. Edwards: Second the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. Chairman Orlowski: Opposed? The motion carries. APPROVAL OF PLANNING BOARD MINUTES Chairman Orlowski: Board to approve the minutes of March 10, 2002. Mr. Edwards: So move. Mr. Cremers: Second. Chairman Orlowski: Motion made and seconded. All those in favor? Southold Town Planninq Board Pa.qe Twenty-Six April 14, 2003 Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. Chairman Orlowski: Opposed? The motion carries. Chairman Orlowski: Board to approve the minutes of June 10, 2002. Mr. Edwards: So move. Mr. Cremers: Second. Chairman Orlowski: Motion made and seconded. All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. Chairman Orlowski: Opposed? The motion carries. Chairman Orlowski: Board to approve the minutes of June 24, 2002. Mr. Edwards: So move. Mr. Cremers: Second. Chairman Orlowski: Motion made and seconded. All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. Chairman Orlowski: Opposed? The motion carries. OTHER Appointment of Vice-Chairman Chairman Orlowski: At this time, I would like to recommend to the Board - we talked about for many years which we've never had - a Vice-Chairman of this Board. We've also talked with the Zoning Board and I think they're doing the same. I'd like to appoint a Vice-Chairman to this Board and I'm asking that this resolution be adopted: BE IT RESOLVED that the Southold Town Planning Board hereby appoints Richard Caggiano as Vice-Chairman to sign office documents and preside over Planning Board Meetings in the absence of the Chairman, Bennett Orlowski, Jr. Southold Town Planninq Board Pa.qe Twenty-Seven April 14, 2003 Mr. Edwards: Second the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sider. Chairman Orlowski: Opposed? The motion carries. There is nothing left on the agenda. There is no Work Session tonight so I will entertain a motion to close the meeting. Mr. Edwards: So move. Mr. Ca.q.qiano: Second. Chairman Orlowski: Motion made and seconded. All those in favor?. Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sider. Chairman Orlowski: Opposed? The motion carries. There being no further business to come before the Board, the meeting was adjourned at 7:04 p.m. Respectfully submitted, Carol Kalin Barbara Rudder Bennett Ol:~wsk~~