HomeMy WebLinkAboutPB-05/12/2003MINUTES
May 12, 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, June 9, 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. - Omnipoint Communications, Inc. - 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 Two May 12, 2003
Jacqueline Caputi, Esq.: I am here if you have any questions. I am Jacqueline Caputi. I
represent Omnipoint Communications. We also have the engineer here who prepared
the - architect, rather - who prepared the site plan, if you have any questions.
Chairman Orlowski: O.K.
Jacqueline Caputi, Esq.: I don't know if you want me - I figured you did not really want
me to make a presentation. I did speak to Victor about the application.
Chairman Orlowski: I don't have any questions right now. I don't know if the Board does.
(There were no questions from the Board Members.)
Ms. Caputi: O.K. Thank you very much.
Chairman Orlowski: Would anyone else like to make a comment? O.K. Hearing none,
are there any questions from the Board? (There were no questions from the Board.)
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 6:08
p.m.)
What is the pleasure of the Board?
Mr. Cremers: Mr. Chairman, I'll offer the following:
WHEREAS, Omnipoint Communications, Inc. is the lease holder and Arthur Junge is
the owner of the property known and designated as Omnipoint Communications, Inc.
Antenna Site, located on the north side of CR 48 in Cutchogue; SCTM 1000-96-1-19.1;
and
WHEREAS, this site plan for Omnipoint Communications, Inc. is to affix up to twelve
wireless telecommunications antennas to an existing monopole and install a related
equipment shelter; and
WHEREAS, this site plan was certified by the Building Department on May 10, 2003;
and
Southold Town Planninq Board Pa.qe Three May 12, 2003
WHEREAS, the Town Engineer has reviewed the drainage calculations and the
Planning Board has accepted his recommendation for approval; and
WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental
Quality Review Act, (Article 8), Part 617, declared itself lead agency and issued a
Negative Declaration on January 13, 2003; and
WHEREAS, a variance was granted by the Zoning Board of Appeals (Application No.
5232) on March 20, 2003 to allow the placement of an equipment building at less than
the required 70 feet from the rear property line and further required additional landscape
buffering on the west and southwest side fence area; and
WHEREAS, a final public hearing was closed on said application at Town Hall,
Southold, New York on May 12, 2003; and
WHEREAS, all the requirements of the Site Plan Regulations of the Town of Southold
have been met; be it therefore
RESOLVED, that the Southold Town Planning Board grant final approval on the
surveys, dated August 16, 2002 and last revised January 16, 2003, and authorize the
Chairman to endorse the final surveys subject to a one year review from the date of the
building permit.
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. - 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
Valerie Marvin, Esq.: Hi. I am Valerie Marvin and I represent Edgar and Arlene Marvin
and I also am just here for questions. I don't really have a comment except to return
your posting and the last green card which came in on Saturday. I'm here for any
questions.
Chairman Orlowski: O.K. Is that the last card - all of them have been out?
Valerie Marvin, Esq.: The rest were returned to the Planning Board Office last week.
Would you like me to bring them forward?
Southold Town Planninq Board Pa,qe Four May 12, 2003
Chairman Orlowski: O.K. Any other comments on this subdivision? Hearing none, any
questions from the Board? (There were no questions from the Board Members.)
O.K. I will entertain a motion to close the hearing.
Mr. Edwards: Second the motion.
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. (The hearing was closed at 6:11
p.m.)
What is the pleasure of the Board?
Mr. Cremers: Mr. Chairman, I'll offer the following:
WHEREAS, the Southold Town Planning Board has accepted the yield map, dated
November 18, 1998, showing a total of 2 lots; and
WHEREAS, the proposed minor subdivision is a clustered subdivision of 2 lots on 2.081
acres in the R-40 Zoning District; and
WHEREAS, the Southold Town Planning Board granted sketch plan approval on June
14, 1999 on the map dated May 26, 1999; and
WHEREAS, the Southold Town Planning Board, acting under the State Environmental
Quality Review Act, performed an coordinated review of this Unlisted Action and
granted a Negative Declaration; and
WHEREAS, the Cutchogue Fire District released the applicant of the firewell
requirement on April 4, 2003; and
WHEREAS, the Suffolk County Department of Health issued a permit for the action on
November 2, 2002; and
WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of
Public Hearing, has received affidavits that the applicant has complied with the
notification provisions; and
WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold
have been met; be it therefore
RESOLVED, that the Southold Town Planning Board grant conditional final approval on
the maps, dated as revised September 25, 2002, subject to the following condition.
This condition must be met within six (6) months of the resolution:
Southold Town Planninq Board Pa,qe Five May 12, 2003
The Planning Board reviewed the park and playground requirement. As per
Section 106-38 of the Subdivision Regulations, the amount to be deposited with
the Town for park and playground services is now $5,000 per lot for each vacant
lot in the subdivision. A Park and Playground Fee of $5,000 will be required prior
to any endorsement of the subdivision by the Planning Board.
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: 6:10 p.m. - 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
Are there any comments or questions on this proposed set-off?
Abi,qail Wickham, Esq.: Good evening. My name is Abigail Wickham on behalf of the
applicant. I think you've heard from the applicant over the past several months on this. If
there are any further questions, I would be glad to try to answer them.
Chairman Orlowski: O.K. Do you want to step up and give your name please?
Geor,qe Barry: My property is adjacent to this property that wants to be subdivided. If
this goes through, my question is: Is he eligible to have two subdivisions now - like if he
busts off this eight acres for a division and there are still sixteen acres left, is he entitled
to two subdivisions?
Chairman Orlowski: The eight acres is not to be subdivided in perpetuity.
Geor,qe Barry: It is undevelopable land, right?
Chairman Orlowski: It is already done. It will not even be entertained.
Geor,qe Barry: That's what I thought but I just wanted to clarify that.
Chairman Orlowski: The other part could be - the other section.
Geor,qe Barry: Because that is still a major subdivision, right? So, that is still under the
moratorium?
Southold Town Planninq Board Pa.qe Six May 12, 2003
Chairman Orlowski: Yes.
Geor.qe Barry: O.K. That's why I asked.
Tracy Orlando: Mr. Chairman, I would like to read into the record the letter from Vincent
Orlando that you received, I believe, this morning.
Chairman Orlowski: Could I have your name, please?
Tracy Orlando: His wife, Tracy Orlando.
Chairman Orlowski: Tracy - O.K.
Tracy Orlando: "As per the above-mentioned application, which is located directly east
of Brook Estates, I, Vincent Orlando, was authorized as Vice-President of Brooks
Estates to respond to this matter. Brook Estates does not have a particular problem with
the eight-acre set-off as long as the following conditions are applied to the proposed
set-off: As highlighted on the attached tax map, you can see that Brook Estates is
surrounded by a beautiful wooded green belting which supplies us with privacy as well
as enjoying the natural wildlife of our community. Brook Estates requests a 100'
conservation easement or "non-disturbance" buffer zone to be implemented to the set-
off application. The proposed property set-off is a R-40 Zone, which requires a 50' front
and back yard setback. The approximate 400' wide lot is more than adequate to support
a large house or homes with a large back and front yard and still have a 100'
conservation easement along the westerly property line running north and south. The
reason for this request is that if they build to the property line, people historically will
encroach on open unmaintained wooded lots, so the homeowner would encroach on
Brook Estates green belting. We feel we need to protect our greenbelt with another
green belting. If the above condition is applied to the application for the eight-acre set-
off, Brook Estates will not opposed this request." Thank you.
Chairman Orlowski: O.K. Thank you. Are there any more comments on this?
Pat Boyle: My name is Pat Boyle and I am adjacent to the eight acres. I just have a
question because there seems to be some confusion, at least on my part. The eight
acres - now that's across the private road from where I am? He knows where the
property is. It's across from Berrys, Rocchettas, Boyles -
Mr. Hurtado (Owner, Bayview Overlook): Right.
Ms. Boyle: So, now you said that eight acres is not developable?
Chairman Orlowski: No, that eight acres will not be subdivided in perpetuity.
Pat Boyle: What's in perpetuity mean?
Chairman Orlowski: As long as life goes - as time goes on.
Southold Town Planninq Board Pa.qe Seven May 12, 2003
Pat Boyle: So, that eight acres will stay the way it is.
Chairman Orlowski: Yes.
(Simultaneous discussion.)
Pat Boyle: So, now that leaves that other sixteen acres up for development.
Chairman Orlowski: But we have a moratorium going on right now so nothing is
happening.
Pat Boyle: For how long?
Chairman Orlowski: You will have to ask the Town Board that.
Pat Boyle: I mean when is it set to expire? Wasn't it set six months or twelve months
when it was originally put in?
Chairman Orlowski: Middle of August.
Pat Boyle: Middle of August and then it could go longer or it could just end.
Chairman Orlowski: It could.
Pat Boyle: We don't know.
Chairman Orlowski: We do know that we are creating an eight acre lot with a house
already existing on it which is what we are looking at tonight and to be covered in
perpetuity never to be subdivided no matter what happens.
Pat Boyle: O.K. Thank you.
Chairman Orlowski: O.K. Anybody else have any comments?
Alan Wexler: My name is Alan Wexler. I live at 10900 North Bayview, across the street
from the property. I'm not really prepared - I would like to also propose a hundred foot of
treed, undisturbed forest across the street from that property. So that - because your
talking about adjacent to Brook Estates only - in that proposal, there would be one
hundred feet along the road front also on North Bayview.
Unidentified Speaker: I believe the proposal only addresses the west side.
Alan Wexler: I am proposing that it also - that the proposal extends along North Bayview
Road also.
Chairman Orlowski: Well, as it exists right now, I mean we are looking to create this
eight acre lot in perpetuity and what happens later on, I mean, that could be tied up in
Southold Town Planninq Board Pa.qe Ei.qht May 12, 2003
SEQRA, in whatever they do in the Town. The code is changed to allow that type of a
buffer but right now we can't address that or put it into a resolution in this hearing. O.K.?
Alan Wexler: O.K.
Chairman Orlowski: Any other comments? (There were no further comments.)
I will entertain a motion to close the hearing.
Mr. Edwards: So move.
Mr. Cremers: Second.
Chairman Orlowski: Motion made and seconded. Any questions on the motion? All
those in favor?
Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor.
Chairman Orlowski: Opposed? The motion carries. (The hearing was closed at 6:20
p.m.)
Does the Board have a pleasure?
Mr. Ca,q,qiano: Mr. Chairman, I'll offer the following:
WHEREAS, the applicant proposes to set off an 8 acre improved parcel (2), located
within the R-40 Zoning District, from a 24.04 acre parcel (1), located within the R-40/A-C
Zoning Districts; and
WHEREAS, a Stage I Archival Search and Archeological Survey and Natural Resource
Survey has been conducted by the applicant for the property; and
WHEREAS, the Southold Town Planning Board, acting under the State Environmental
Quality Review Act, performed a review of this Unlisted Action, established itself as lead
agency, and as lead agency, made a determination of non-significance and granted a
Negative Declaration on November 4, 2002; and
WHEREAS, as a condition of approval for the proposed application, the applicant has
executed and filed a covenant on Parcel 2 (8 acres) stating that "no further subdivision
of Parcel 2 into perpetuity is permitted" with the Suffolk County Clerk's Office on
February 4, 2003; and
WHEREAS, the Southold Town Planning Board granted conditional sketch plan
approval on February 10, 2003 and all conditions have been met; and
WHEREAS, the Suffolk County Department of Health Services approved the action on
February 7, 2003; and
Southold Town Planninq Board Pa.qe Nine May 12, 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 July 9, 2002, subject to the following conditions. These
conditions must be met within six (6) months of the resolution:
1. The map, dated as revised July 9, 2002, shows proposed accessory structures
within the Town of Southold Town Trustees and New York State Department of
Environmental Conservation jurisdictions. Please submit all applicable permits or
letters of non-jurisdiction for the proposed accessory structures or submit final &
mylar maps without the proposed accessory structures.
2. The Planning Board reviewed the park and playground requirement. As per
Section 106-38 of the Subdivision Regulations, the amount to be deposited with
the Town for park and playground services is now $5,000 per lot for each vacant
lot in the subdivision. A Park and Playground Fee of $5,000 will be required prior
to any endorsement of the subdivision by the Planning Board.
3. The submittal of 3 paper and 3 mylar maps approved by the Suffolk County
Department of Health.
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: 6:15 p.m. - 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
Are there any questions or comments on this site plan?
Patricia Moore, Esq., 51020 Main Road, Southold, attorney for the applicant: Mr.
Chairman, Breezy Sound has obtained special permits, obtained a wetland permit from
the Trustees. I think you now have in your files a DEC permit for the stairway down to
the beach which is also included in your site plan. We have a letter of non-jurisdiction
Southold Town Planninq Board Pa.qe Ten May 12, 2003
based on the fact that anything above the ten foot contour is not in the jurisdiction of the
DEC. You have that in your file as well. We have a letter from the DOT. The permit is
sitting on Mr. Cappenello's (sp.?) desk at DPW for him to return on Wednesday from a
Florida vacation. You have a letter stating that the permit is to be issued. I think you
have everything you need. We are awaiting the Health Department and their review and
they are very backed up. So, as soon as we have that, then we hope that the final
approval can be granted. Thank you.
Chairman Orlowski: Any other comments on this site plan?
Don Henry: My name is Don Henry and I am here on behalf of San Simeon and I am
just curious as to how the berm that exists now will be maintained or restored and also
what the potential height of the buildings in this development would be?
Chairman Orlowski: Did you see the plan out there?
Don Henry: I saw the plan but I did not have much time to study it.
Patricia Moore, Esq.: The elevations would not be up there. I have them if you would
like to take a look. The elevations will meet the Code which does not allow anything
exceeding - 35 feet is the maximum height. There are two stories. As far as the berm,
we have a planting plan that has actually been prepared and we can show that to you, if
you like, in the hallway. There is - the berm - it's a natural berm that's going to be
maintained and just improved with a landscape plan.
Don Henry: O.K. Thank you.
Chairman Orlowski: O.K. Are there any other comments? (There were no further
comments.) Any questions from the Board? (There were none.)
Irene O'Brien: I wonder if there is going to be a traffic light up there? I am a sister of
Rose McCann. She has a piece of property to the west. Is there going to be a traffic
light going on up there or anything?
Ms. Moore: It hasn't been recommended by the DOT; I would assume not.
Irene O' Brien: Because you can't see. If she builds a house there, you still can't see
coming around that corner too good and I was just wondering.
Chairman Orlowski: They have a DOT curb cut.
Irene O' Brien: And I would like some papers on it about the construction because she
lives right nextdoor.
Ms. Moore: We can show you whatever you want.
Irene O' Brien: O.K. That's all I just wanted to know.
Southold Town Planninq Board Pa.qe Eleven May 12, 2003
Chairman Orlowski: O.K. Any other comments? Hearing none, any questions from the
Board? (There were no questions from the Board.)
I will entertain a motion to close the hearing.
Mr. Edwards: So move.
Mr. Cremers: Second.
Chairman Orlowski: Motion made and seconded. Any questions on the motion? All
those in favor?
Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor.
Chairman Orlowski: Opposed? The motion carries. (The hearing was closed at 6:27
p.m.)
Want to do one, Marty?
Mr. Sidor: Yes.
WHEREAS, this proposed site plan, to be known as site plan for Breezy Sound Motel in
Greenport, is to construct a new 68 unit motel with a pool house for motel guests and a
manager's apartment unit, located on 7.13 acres on the north side of CR 48; and
WHEREAS, Breezy Sound Corp. is the owner of the property known and designated as
Breezy Sound Motel, CR 48, Greenport, SCTM # 1000-45-1-2.1; and
WHEREAS, a formal application for the approval of this site plan was submitted on
December 1, 2000; and
WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental
Quality Review Act (Article 8), Part 617, declared itself lead agency and issued a
Negative Declaration on July 8, 2002; and
WHEREAS, the Zoning Board of Appeals granted a Special Exception (Application No.
4942) on March 20, 2003 to establish a 69 unit motel with kitchenettes for rental on a
daily or weekly basis and required that the resort motel be closed from January 15th
through March 15th of each year; and
WHEREAS, the Southold Town Board of Trustees approved a Wetlands Permit on
November 27, 2001, and revised on January 7, 2002, identifying a freshwater area and
establishing a 50 foot non-disturbance area from the flagged area, and a 50' non-
disturbance buffer on top of the bluff line; and
WHEREAS, on March 20, 2001, the Architectural Review Committee reviewed and
approved the proposed site plan design elements; and
Southold Town Planninq Board Pa.qe Twelve May 12, 2003
WHEREAS, the Town Engineer has reviewed the drainage calculations and the
Planning Board has accepted his recommendation for approval, including the
requirement that the Town Engineer perform a final inspection of the interior roads and
parking areas prior to issuance of the final Certificate of Occupancy; and
WHEREAS, this site plan, dated October 3, 2001, and last revised August 2, 2002, was
certified by the Building Inspector on May 10, 2003; and
WHEREAS, the applicant hereby agrees and understands that if the site plan which
receives stamped Health Department approval differs in any way from the proposed
conditional site plan on which the Planning Board held a public hearing and voted on,
then the Planning Board has the right and option, if the change is material to any of the
issues properly before the Planning Board, to hold a public hearing on this "revised "site
plan application and review its conditional approval; and
WHEREAS, on May 1, 2003, the applicant signed a statement agreeing not to object to
a new public hearing and Planning Board review of the revised application; 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 Site Plan 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 surveys, dated October 3, 2001, and last revised August 2, 2002, subject to
fulfillment of the following condition. This condition must be met within six (6) months of
the resolution:
1. Review by the Suffolk County Department of Health Services.
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: 6:20 p.m. - Morton, Keith S./Gemma, Pasquale A. - This
proposed lot line change will transfer. 15 acres from a 17.60 acre improved lot
(SCTM#1000-26-1-32.1 ) to a .48 improved lot (SCTM#1000-25-4-11.6). The property is
Southold Town Planninq Board Pa,qe Thirteen May 12, 2003
located north of King Street, 320+' west of the intersection of King Street and Old Farm
Road in Orient.
This is a lot line change basically. Any comments?
Charles Cuddy, Esq., for the applicant: It is just what you said - it is 6,400 square feet,
going from the seventeen acre lot to the half acre lot and I believe it is appropriate and I
would ask that the Board grant approval.
Chairman Orlowski: Any other comments? (There were no further comments.) Hearing
none, any questions from the Board? (There were none.)
Mark Terry: Were the affidavits submitted?
Charles Cuddy, Esq.: Yes.
Mark Terry: And did Mr. Gemma contact your office?
Charles Cuddy, Esq.: Yes. He is perfectly satisfied.
Chairman Orlowski: O.K. Any other comments? (There were none.)
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 6:32
p.m.)
Does the Board have a pleasure on this?
Mr. Edwards: Mr. Chairman, I'd like to offer the following resolution:
WHEREAS, the applicant proposes to transfer. 15 acres from a 17.6 acre improved
parcel (SCTM#1000-26-1-32.1 ) to a .48 acre improved parcel (SCTM# 1000-25-4-11.6)
north of King Street; and
WHEREAS, following the transfer, SCTM#1000-26-1-32.1 would equal .63 acres; and
Southold Town Planninq Board Pa.qe Fourteen May 12, 2003
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 February 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
RESOLVED that the Southold Town Planning Board grant conditional final approval on
the surveys and authorize the Chairman to endorse the final surveys, dated December
12, 2002 and received by this office on December 17, 2002, subject to fulfillment of the
following conditions. This condition must be met within six (6) months of the resolution:
The filing of new deeds with the Office of the Suffolk County Clerk pertaining to
the amendment of the lot line and upon filing submittal of the documents to this
office.
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: 6:25 p.m. - Raake, Robert & Barbara - 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.
Are there any comments on this?
Richard Lark, Esq., Main Road, Cutcho.que, New York: As you say, it is nothing more
than a swap of the 2,211 from the right to the left. That's it.
Chairman Orlowski: Any other comments? (There were no further comments.) Any
questions from the Board? Hearing none, I'll entertain a motion to close the hearing.
Mr. Edwards: So move.
Mr. Cremers: Second.
Southold Town Planninq Board Pa.qe Fifteen May 12, 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. (The hearing was closed at 6:35
p.m.)
Does the Board have a pleasure?
Mr. Cremers: Mr. Chairman, I'll offer the following:
WHEREAS, the applicant proposes to 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; and
WHEREAS, following the transfer, Lot 1 will equal 38,387.92 square feet and Lot 2 will equal
59,220 square feet and no reduction in lot area will occur as a result of the action; 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 March 10, 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
RESOLVED that the Southold Town Planning Board grant conditional final approval on the
surveys, dated January 30, 2003, and authorize the Chairman to endorse the final surveys
subject to fulfillment of the following conditions. These conditions must be met within six (6)
months of the resolution:
1. Add the title Lot Line Change for Raacke and Raacke to the survey.
2. Correct the tax map numbers upon the individual lots.
3. Add the zoning district to the map.
4. The filing of new deeds with the Office of the Suffolk County Clerk pertaining to the
amendment of the lot line and upon filing submittal of the documents to this 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.
Southold Town Planninq Board Pa.qe Sixteen May 12, 2003
Chairman Orlowski: Opposed? The motion carries.
Hearings Held Over From Previous Meetings:
Chairman Orlowski: Reflectinq Nature Landscapin,q - 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 have to hold this open because they are at the ZBA. Does anybody want to say
anything? (No one wished to speak.)
Mr. Edwards: I will make a motion to hold it open.
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.
Chairman Orlowski: 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)
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.
Southold Town Planninq Board Pa.qe Seventeen May 12, 2003
Chairman Orlowski: Island Health Project, Inc. Lot Line Change - 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, too, is somewhere and we will still hold this open. I will entertain a motion to do so.
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.
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
The hearing was open but everything has come in now so we can entertain a motion to
close the hearing unless anyone would like to say anything. (No one wished to be
heard.)
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.
Does the Board have any pleasure?
Mr. Edwards: Mr. Chairman, I'd like to offer the following resolution:
Southold Town Planninq Board Pa,qe Ei,qhteen May 12, 2003
WHEREAS, this proposed site plan, to be known as site plan for Fishers Island Club, is
to construct a 3,200 square foot maintenance/storage building and adjacent covered
washdown area on an existing golf course, located on East End Road; and
WHEREAS, the Fishers Island Development Corp., is the owner of the property known
and designated as Fishers Island Golf Club, Inc., SCTM#1000-1-1-3.13; and
WHEREAS, a formal application for the approval of this site plan was submitted on
October 21, 2002; and
WHEREAS, the Southold Town Planning Board has determined that this action is a
Type II Action and not subject to review under the State Environmental Quality Review
Act, (Article 8), Part 617; and
WHEREAS, the Zoning Board of Appeals granted a Special Exception (Application No.
5290) on May 1, 2003 to allow a maintenance building on a golf course within an R-120
Zone; and
WHEREAS, on November 19, 2002, the Architectural Review Committee reviewed and
approved the design elements of the proposed site plan; and
WHEREAS, the Town Engineer has reviewed the drainage calculations and the
Planning Board has accepted his recommendation for approval; and
WHEREAS, this site plan, dated July 18, 2000 and last revised September 18, 2002,
was certified by the Building Inspector on May 10, 2003; and
WHEREAS, a final public hearing was closed on said application at Town Hall,
Southold, New York on May 12, 2003; and
WHEREAS, all the requirements of the Site Plan Regulations of the Town of Southold
have been met; be it therefore
RESOLVED, that the Southold Town Planning Board grant final approval on the
surveys, dated July 18, 2000 and last revised on September 18, 2002, and authorize
the Chairman to endorse the final surveys subject to a one year review from the date of
the building permit.
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
Pa,qe Nineteen
May 12,2003
Chairman Orlowski: Perino, Joseph - This proposed major subdivision is for 7 lots on
20.8211 acres. The property is located on the south side of Main Road, 150' west of
Sigsbee Road in Mattituck. SCTM#1000-122-7-9.
This has been affected by the moratorium and we'll hold this open. I'll entertain a motion
to do so.
Mr. Edwards: So move.
Mr. Cremers: Second.
Chairman Orlowski: Motion made and seconded. Any questions on the motion? All
those in favor?
Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor.
Chairman Orlowski: Opposed? The motion carries.
MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES AND SET
OFF APPLICATIONS
Final Determinations:
Chairman Orlowski: McNulty, 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.
Would you like to read this one, Marty?
Mr. Sidor:
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; 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 March 11, 2003; and
Southold Town Planninq Board Pa.qe Twenty May 12, 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 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 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 and upon filing submittal of the documents to this
office.
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.
We have to apologize, Mr. McNulty, because we got a curve ball handed to us the last
time. We're sorry for that but, I think you understand what happened.
Mr. McNulty: I understand.
Chairman Orlowski: Thank you.
Chairman Orlowski: Burqer/Kosmynka - This proposed lot line change is to amend the
lot line of SCTM#1000-98-1-17 to form two single and separate lots where Lot 1 equals
22,397 square feet and Lot 2 equals 36,617 square feet. The property is located at 1900
Pine Tree Road in Cutchogue. SCTM#1000-98-1-15, 16 & 17
Mr. Cremers: Mr. Chairman, I'll offer the following:
WHEREAS, the applicant proposes to amend the lot line of SCTM#1000-98-1-17 where
Parcel 1 equals 22,397 square feet and Parcel 2 equals 36,617 square feet; and
WHEREAS, all the conditions required in conditional final approval, granted on October
8, 2002, have been met; be it therefore
Southold Town Planninq Board Pa.qe Twenty-One May 12, 2003
RESOLVED that the Southold Town Planning Board grant final approval on the surveys,
dated as revised, August 28, 2002, and authorize the Chairman to endorse the final
surveys.
Mr. Edwards: Second the motion.
Chairman Orlowski: Motion made and seconded. Any questions on the motion? All
those in favor?
Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor.
Chairman Orlowski: Opposed? The motion carries.
Chairman Orlowski: 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
The Town Board has granted a waiver and everything is in order to approve. I'll
entertain that resolution.
Mr. Ca.q.qiano: Mr. Chairman, I'll offer the following:
WHEREAS, the applicant proposes to set off a 1.47 acre unimproved lot, located within the R-
80 Zoning District, from a 2.42 acre parcel with proposed right-of-way access from Boisseau
Avenue, in Southold; and
WHEREAS, the Zoning Board of Appeals has approved a variance (Appeal No. 4991) for the
proposed 1.47 acre lot set-off granting relief from the R-80 Zoning District Regulations; and
WHEREAS, all conditions of conditional final approval and the requirements of the Subdivision
Regulations of the Town of Southold have been met; be it therefore
RESOLVED, that the Southold Town Planning Board grant final approval on the maps, dated as
revised January 2003, and authorize the Chairman to endorse the maps.
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 Pa.qe Twenty-Two May 12, 2003
Setting of Final Hearings:
Chairman Orlowski: Ghassemi, S¥ & Catherine - This proposal is for a cluster set-off
of a 1.087 acre lot from a 32.8503 acre parcel. The property is located on the north side
of Main Road, 831.67' west of the intersection of Main Road and Rocky Point Road in
East Marion. SCTM#1000-31-1-1.
Mr. Cremers: Mr. Chairman, I'll offer the following:
RESOLVED that the Southold Town Planning Board set Monday, June 9, 2003, at
6:00 p.m. for a final public hearing on the maps, dated as revised March 31, 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: Smith, Diane Alec- This proposed application is for a minor
subdivision on 3.915 acres. The property is located on the north side of SR 25, 2426.68'
west of its intersection with Elijah's Lane in Cutchogue. SCTM#1000-109-1-7
Mr. Edwards: Mr. Chairman, I'll offer the following resolution:
WHEREAS, On May 6, 2003, The Town of Southold Town Board granted the applicant
a waiver from the provisions of Local Law #3, 2002 (and extended by Local Law #3,
2003) entitled "Temporary Moratorium on the Processing, Review of, and Making
Decisions on Applications for Major and Minor Subdivisions, Minor Subdivisions and
Special Exemption Use Permits and Site Plans containing Dwelling Units(s) in the Town
of Southold" and, therefore, the Southold Town Planning Board is processing the minor
subdivision application; therefore, be it
RESOLVED that the Southold Town Planning Board set Monday, June 9, 2003, at
6:05 p.m. for a final public hearing on the maps, dated as revised September 27, 2002.
Mr. Cremers: Second the motion.
Chairman Orlowski: Motion made and seconded. Any questions on the motion? All
those in favor?
Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor.
Southold Town Planninq Board Pa.qe Twenty-Three May 12, 2003
Chairman Orlowski: Opposed? The motion carries.
Chairman Orlowski: Dayton Farms - This proposal is to set-off a 1.757 acre improved
lot from a 13.44 acre parcel. The property is located 372+ ft. northeast of Main Bayview
Road, southeast of Jacob's Lane in Southold. SCTM#1000-88-1-10
Mr. Cremers: Mr. Chairman, I'll offer the following:
RESOLVED that the Southold Town Planning Board set Monday, June 9, 2003, at
6:10 p.m. for a final public hearing on the maps, dated as revised April 17, 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: East Marion Fire District - This proposal is for a cluster set-off of a
30,000 sq. ft. parcel from an existing 163,229 sq. ft. parcel. The property is located on
the Main Road 367 feet west of Stars Road in East Marion. SCTM#1000-31-3-11.30
What is the Board's pleasure?
Mr. Ca.q.qiano: Mr. Chairman, I'll offer the following:
WHEREAS, this proposal is for a cluster set-off of a 30,000 square feet parcel from an
existing 163,229 square feet parcel located on the Main Road, approximately 367' west
of Stars Road in East Marion (SCTM#1000-31-3-11.30); and
WHEREAS, following the transfer, Lot 1 will equal 133,229 square feet and Lot 2 will
equal 30,000 square feet, pursuant to Article XVlll Cluster Development (100-180) of
the Town of Southold Town Code, whereby the 10,000 square feet normally required for
Lot 2 is being left with Lot 1; 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.
Southold Town Planninq Board Pa,qe Twenty-Four May 12, 2003
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 map, dated May 9, 2003, subject to the following condition:
The 2 story framed house structure located on Lot 1 be moved within twelve (12)
months of the date of this resolution unless an extension of time is requested by
the applicant and granted by the Planning Board. The new location of the structure
must be within the building envelope of Lot 2 and conform to all applicable
setbacks as defined by Section 100-31 as required by the Town Code of the
Town of Southold.
The final map of the Clustered Set-Off for East Marion Fire District conform and
comply with to Article XVIII section 100-181 of the Southold Town Code as
required.
The final map be revised to include proper size of Lot 1 & Lot 2 and state that in
the event of future subdivision of Lot 1, the yield calculation of Lot 1 must deduct
10,000 square feet of Lot 2 permanent cluster open space.
The submittal of eight (8) paper prints and three (3) mylars maps, must contain a
current stamp of Health Department approval and must be submitted before a final
public hearing will be set.
5. Please submit a New York State Department of Transportation curb cut permit as
required.
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 Pa,qe Twenty-Five May 12, 2003
MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES, SET OFF
APPLICATIONS - STATE ENVIRONMENTAL QUALITY REVIEW ACT
Determinations:
Chairman Orlowski: Nicokim - This proposed minor subdivision is for 3 lots on 27.2
acres located on Little Neck Road, 92.76' south of Eugene's Road, with 201.78' of
frontage on Skunk Lane in Cutchogue. SCTM#1000-97-8-(31.2-31.4)
Does the Board have any pleasure?
Mr. Ca,q,qiano: Mr. Chairman, I'll offer the following:
WHEREAS, this proposed subdivision is for three lots on 27.2 acres located in the R-80
Zoning District; and
WHEREAS, two of the lots are greater than 80,000 sq. ft. and the third is improved and
contains an 80,095 sq. ft. building envelope exclusive of a larger lot from which 21.235
acres of Development Rights have been sold to the Town of Southold; and
WHEREAS, the Town of Southold Board of Trustees issued a letter of non-jurisdiction
for the proposed action on October 23, 2001; therefore
BE IT RESOLVED that the Southold Town Planning Board, acting under the State
Environmental Quality Review Act, 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.
The agenda is done. Is there anyone who would like to make a comment for the record?
(No one wished to speak.)
I'll entertain a motion to adjourn.
Mr. Ca,q,qiano: So move.
Mr. Cremers: Second.
Southold Town Planninq Board Pa.qe Twenty-Six May 12, 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.
There being no further business to come before the Board, the meeting was adjourned
at 6:55 p.m.
Respectfully submitted,
Carol Kalin