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HomeMy WebLinkAboutPB-07/08/2002BENNETT ORLOWSKt~ Chairman RICHARD CAGGI2kNO WILLIA1VI'J. CRE~ ~ L~ ~D~DS PLANNING BOARD OFFICE TOWN OF SOUTHOLD P.O. Box 1179 Town Hall, 53095 Sta~e Route 25 Southold, New York 11971-0959 Telephone [631) 765-1938 Fax ~631) 765-3136 MINUTES PUBLIC MEETING July 8, 2002 6:00 p.m. present were: Bennett Orlowski, Jr., Chairman Richard Caggiano William J. Cremers Kenneth L. Edwards Martin H. Sidor Mark Terry, Sr. Environmental Planner Scott Hughes, Sr. Environmental Planner Victor L'E plattenier, Senior Planner Carol Kalin, Secretary SETTING OF THE NEXT PLANNING BOARD MEETING Chairman Odowski: Good evening. I'd like to call this meeting to order. The first order of business is for the Board to set Monday, August 12, 2002 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. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those ~n favor? Ayes: Mr. Odowski Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. Mr. Orlowski: Opposed? The motion carries. Si3dthoid Town Pla~ininq Boai'd Pa,qe Two July 8, 2002 ;~t'~th ~ time, I Woud ke to we Come Mart n Sider, our newest Planning Board Member. !~a~in we. all Wish you luck and if anybody has any questions they want to ask the : :Board,'give hima ~11, - PUBLIC HEARINGS .~. ~ Cha'rman~Orlbw~ki, 6:00 p.m.., Niamonitak,s - Th~s proposed set-off's to set off a ' - i ~l.253~acre, o~ f~Om an 18.756 acre parce; the proposed lot n~9 change between M. ;,Niah~bnltaIds ah:d I~.~,Ross iS to subtract 2.524 acres from the 18.756 acre parce and to me~'a~ it with an e×i~ing 0.688 acre lot, resulting in one 3.2'12 acre lot and '~he re~i~ir~l ~ba Wl~1ch is p~A of the set-off application. SCTM#~ 000-31-6-28:1 & 29 I wil~l ~sk if. there areany comments or questions on this set-off applicatton. George Peter: WOuld you define set-off quickly, please? Chairman Odowski: It is a subdivision; it sets off, in this case - Georqe Peters: BaCk to Mr. Niamonitakis or to Ross? Chairman Orlowski: Can you g~ve your name? Geor.qe Peter: George Peter, I am a resid ant of Gardiner's Bay Estates. Patricia Moore, Esq.: This is a large oversized lot, which is - we have an existing property owner, Mrs. Ross. Mrs. Ross is going to be getting additional acreage to make her lot larger. Then, what is being done on this larger piece, is the creation of one lot. Right now, you could put One house on this entire properly. So, there is a recognition that you could put one house on the larger acreage. One lot - a set-off - is a one lot subdivision. It is turning one into two. They are creating one additional lot, which is the acreage of 1.25, which Will be one house. Then, the remaining parcel allows for a house to be built in the reserved area and north of the - adjacent to it - obtaining its own access from the Ma,in Road, over a right-of-way. This is the road. Correct? The remaining parcel is actually being - the Development Rights of it are being sold to.the County and there will be no further subdivision or development of this parcel because 'under the County Sale of Development Rights, agricultural or other permitted use by the Development Rights Sale - George Peters: You talking about all of this and that? Ms. Moore: Correct. Geor,qe Peters: Except for that. Ms. Moore: Correct. SouthOld TOwn Pla;r~hin.q Board Page Three July 8, 2002 Mr. Peters: O.K. Sc the maximum 2 houses right there. MS. Moore: Correct. That's right. Mr. peters: Thank you Ms. Moore: Aisc, for clarification, there is an access. Mrs. Ross - the Ross property ~ictUa y has. access over a nglit-of-way to Cedar Lane. That right-of-way ~s, by deed, a ~ei~in d ~iensiOfi but by use, it kind of meanders outside of that di'mension. :A' iig,h?~-of-.way - cOi'recti0n of that right-of'way - is being done as well which is going to b~ locating t~b r gh~t~.o,f-'wayon paper within the area of the right~Of-Way that is used so ~[hafthe= ~0'uh~ ~'~ I'Jave a double right-of-way- a Wid'~h of a right-of-v~ey that is fifty- ~ive 0¢ s5 feet'. It: i~,;actuafl~ being placed w th n the area of the right-of-way and it wirf be by'de~d ' ~o,, ii, at. ~ a cbr~r"ect, ive '~easure that Mrs. ROSs - Mrrs. ~,oss is here, 'right there: .Mrs.. Ross: Actually, the right-of-way on the deed is not actually the right-of-way that has ibeen used, Patdcia Moore, Esq.: Correct. That is what I have been saying. We are working those details out but, essentially, there will be one access for the ROss', continuing the access for the Ross property. I'll step down for the next q ~estion and I will try to answer. Chairman Orlowski: All questions have to be addressed to the Board. It is not a debate. O.K. Any other questions? Joan Egan: Good afternoon, everybody. And, Mrs. Moore, how are you, dading? I don't quite understand any clarification on what now Suffolk County is going to be taking over. They ain't getting any of our land, that's for sure. Chairman Orlowski: Can we have your name for the record please? Joan Egan: Yes, Joan Egan, President of Gardiner's Bay Estates since 1964. Patdcia Moore, Esq.: May I answer?. Joan E.qan: Yes, you can - carefully. Ms. Moore: Very briefly, the County only buys the Development Rights of property that is under contract and is owned bythe property owner. They do a title search before they agree on a contract and they will only buy what we actually own and Gardiner's Bay has nothing - there is no purchasing of any of Gardiner's Bay property. Soutl~01d T6wn Planning Board Pa,qe Four July 8, 2002 ,~a_Qn: Clarification - why does the Suffolk County have to be invo ved n this at all "Other. than th(~y"h~'~e to.make a road from the property? They are not going to go over a'n'y of our - notre bf thei'r tr'ucks will go over any of Cedar Lane. Is that what you are telling me? Patdcia MoOre, Esq.: What am saying is that the County Development Rights Program isa prograni Where they buy up the Development Rights. In other words, instead of the ~riurht~r 0f' ots that, ecu d b~deve o. · p ed on thS p ace', the C0un ty ~)ffer's the' farmer or the~ ~¢r0perty bwher the ~Sa b dC the Development R~ghts which is What a house Wou d be ;WO'rth tO Cut'0n 'he?~iJeavirig behindthe property so ihat the und'er ying owner or the fa~rhe~,~ br Wh'Oeh/~r~,t.'~ ~lti:mate owne~' ofthis property- can continu~ to use the property a~:a~ agti~ultdr~il u~e. d0~n;E.qan: No'w, wh'y,wo :~ld .Suffolk County need to get involved in this - they are going to but d'their own roa~ fifty feet wide? Ms. Moore: It has nothing to do with the County. Chairman Orlowski: No. Joan E.qan: HOW are they going to get access to their property - from the Main Road and their property. So, they would have to have a road Ms. Moore: O.K. I can try, If you want. (simultaneous discussion) I can explain it another time. Go ahead. You try. Chairman Od0wski: Address the Board, please. Joan Eqan: I don't understand. It is very ~mportant because I think they have to go over our roads and we have to repair them; we have to clean them out from all the snow and repair them. Don't tell me that Suffolk County can't get involved. Suffolk County is buying up too much property that belongs to private property. Chairman Orlowski: Does anybody else have any comments? Larry Madison: Larry Madison, Gardiner's Bay Estates. Just real quick - I think everybody can hear me. I came in one minute late. It's only going to be one, one and a quarter acre lot besides an addition to Ross' property? Chairman Orlowski: Could you address the Board, please? Larry Madison: I'm Sorry. Chairman Odowski: This is not a question and answer. Yes. SOuthold Town Plan'hin.q Board Paqe Five July 8, 2002 ~.,Patricia Moore, Esq.: It is one additional lot in addition to a house that could b'e built on ';.:the arge~' eighteemac~'e riamaining parcel. And that is it. The RoSs' land remains but it is larger. iLarry Madison: And that parcel is just north of Ross on the east side? I never saw the plans. And a road going n - a fifty-foot road? M{: Moore: Yes, a.,fifty foot ~ no (simultaneous discussion) - a twenty-five foot right-of- way. Larry Madison: That's all you need is a twenty-five foot right-of-way? That's all. Thank yOU. Mary Ann Dzenkowski: Hi, my name is Mary Ann Dzenkowski. I live on Old Orchard Lane. According to these plans, these houses are going to be built facing my property facing e~ast - going this road, down, like this. I don't understand why they couldn't put the houseS on the other side, facing Cedar Lane. You already have two houses on Cedar and they would have access to the water and everything. They are going to put them on a 'new rbad, as you can see in the plans. It is going to be a twenty-five foot road? How are they going to get their water and, not only that, but I really am not crazy about having a house facing' my yard. There is Only going to be two houses on that street. To me, it just doesn't make sense. Do you see what I am talking about? Chairman Odowski: O.K. Any other comments? Any other comments on Niamonitakis? O.K. No other comments, any questions from the Board? Barbara Caldaleni(sp.?): I have a comment. I am Barbara Caldaleni, President of Gardiner's Bay Estates. Chairman OrlowSki.' Please step up to the microphone. We have to get it on tape. Barbara Caldaleni: Mrs. Dzenkowski just said that she doesn't see why the houses can't be built On the other road. When we were dealing with them, these people who own the land now - going back two or three years ago - and they asked for access onto 'Cedar or else other roads of ours that are in the association, we said we did not want any of their houses or driveways to access our road. That is my on ~y comment. Chairman Odowski: Any more questions? Joan E.qan: Yes, there is believe, there is a moratorium - correct me if I am wrong - also on water, for Suffolk water, in existence - is that correct? Unidentified Speaker: Yes. Joan E.qan: I also believe there is a moratorium on any building, right now, any changes in the land - is that correct? Southold Town Plan'niti.q Board Pa.qe Six July 8, 2002 Chairman Odowski: No. Joan E,qan: Itis not - you're sure of that? Chairman Odowski: Yes. Joan E.qan: You have that in black and white? Chairman Odowski: Yes, I do. It is not in black and white at all yet. Joan E.qan: It is not? But the moratorium, as far as I know, is on for Suffolk County. Now, I go out every morning: I go to mass every morning. I can give any of you a ride if you need it. Now, I se'e thenew owner's trucks going on Cedar Lane. When are they going to have this accesS? They are using our roads now which is wrong - W R O N G. When will that be correc[ed? They are already using our roads without paying us anything and we OWn those roads. We own what is it, Barbara, twelve or eighteen inches on either side? Barbara? Barbara Caldaleni: Unpaved? Mrs. EClan: Yes. Barbara Caidaleni: Well, it varies with each, you know. I think our roads up there on Cedar are thirty feet. Joan E.qan: No, I mean what we own if anybody has go over those roads at our permission. We have twelve inches on either side of Cedar Lane, all the way out to the North Road and is that correct? Barbara Caldaleni: No. that is not correct. Joan E,qan: Yes, it is. Now, when are they going to stop using our road? Unidentified Speaker: Who? Mrs. Eqan: The new owner who has already started to do things there. That's who I am talking about. They are using our road. Chairman Orlowski: I can't get into that because it is a road and it is there. We haven't stopped people from using roads and, if it is a private road, then somebody else will have to stop them. Joan E.qan: Oh, it's a private road. It says right there - Gardiner's Bay Estates Only. It is a very important issue. It's an issue that we have to - we have a road committee; we have a clean up from snoW. Yes, they are using our roads and this is important. When will they have their own access to the North Road? You're their lawyer. You should Know that. South'old Town Pla'n'nin.q Board Pa.qe Seven July 8,2002 PatdCia Moore, Esq.: I am not going to engage in a debate. Chairman Odowsld: No, address the Board. They have the right to use the road for access. I mean- Joan E.qan: No, they don't. They have a right to use the road but not the right to go over . ~vhat we own which was deeded to us from 1928 on. No, they don't and I don't want to ?have.to dali Sbut~liold F'01i~e Department and have them tag them for going over private ip~op~'rty, dO I? The anSWer ~ that is yes or no. So~ What ~re we g~)ing to do about this? ~;~la'ybe ~e Sh0Old ~l~ive a moratorium on all of this planning uhtil i~ has been reviewed P~bp~rly by. a,goo~d 'lawyer. Chairman .Odowski: OK. Getting back to this - any other comments or questions? Mr. Edwards: Yes, you have several. Chris Konan(sp.?): I am Chris Konan, Paul Kielo's(sp.?) son. Just a clarification - with the two plots - Or the two pieces of land - that are being built on, does that preserve the rest of the farm then? Is that indefinitely? Chairman Orlowski: Forever. Chds Konan: Forever. Whether agriculturally they do something on it or it is just left as a field? Patricia Moore, Esq.: Well, the purchase of the Development Rights assures that it will not be used for any other purpose other than whatever the statute allows under the Purchase of the Development Rights Program which is under the Ag. and Markets Law Agricultural Use. So, that's - Chris Konan: Thank you. That clarifies it. Thank you. Connie Konan: I am Connie Konan. I am on the Board also of Gardiner's Bay Estates and I would like to know - these homes that are being built, regardless of the site- where are they going to access their water?. Chairman Orlowski: Could be wells, They still have the right to drive their own wells. Connie Konan: Absolutely. But we paid collectively as an association to have pipes run in our development and I want to make sure that nobody is assuming that they are going to be able to tap into our pipes. Ms. Moore: Mr. Chairman, I think what she is asking ~s our access for water is through the Main ROad, which is through the right-of-way. I believe that is where the access is. Connie Konan: And that's assuming that the homes are where you are proposing - up on the north - Southold'ToWn Pl~'nnin~l Board Paqe Eight July 8, 2002 .M~ Moore:. if the Planr~ing Board approves this subdivision, this is where the homes will ~be placed. Connie Konan: Fine. And if the homes are places here - Ms. Moore: Here - where? ~lffid~r~tified Speaker: On' the west side. Patrick,.Moore, Esq.: No; they are not. The proposal is to place the homes on the northea'~terly side of the p~ope~ty. Connie Konan: Then th'eir Water ~vill be from the main or from their own wells? Ms. MOOre: CorreCt. Connie KOnan: Not anything to do with what the association has already paid for. I just wanted that clarified. Chairman Orlowski: Any other comments? Mary Ann Dzenkowski: am not sure - excuse me, just one more thing about the water issue. If those houses are put on those two lots, how can they access the Main Road for the water supply? Chairman Odowski: I'm not sure. They are showing a Suffolk County easement here for Suffolk County Water to put in a two-inch water supply line. Mary Ann Dzenkowski: But, how is it going to go up? Chairman Orlowski: Up the right-of-way. P~tricia Moore, Esq.: Because the County is buying the Development Rights, you have to reserve the area that is not being sold which is the right-of-way area. So, on the map, it is very - it has to be really specifically identified where the right-of-way is. If you come over, I will show you. It is along the east northeasterly side of the property. They are creating - (simultaneous discussion) Chairman Odowski; (Chairman called for order with gavel.1 Excuse me. Any other comments? Joan E.qan: I would like to see this tabled for at least another six weeks so we can all review it. I don't think anything should be granted at this point. Rosa Ross: May I address the hearing, please? am Rosa Ross and I live on Cedar Lane, dght in the middle of those fields and I think that this debate of what's going to happen to the property has been go~ng on for a long time and, under the circumstances South01d Town Planning Board Pa.qe N ne July 8, 2002 [hat we could not afford to buy it all and leave it farmland, this is the best solution .. Jj,n'aud[ble)'to ~ell the preperty. The present buyer of what is going to remain farmland fore;vern~ore is intending Simply to plant a field of lavender so, rather than hav ng .?getables right now~ we are go ng to be surrounded w~th sweet smelhng avender and, 'althoUgh t~e~ aretwO lo~s that he is allowed to bu id on, it is my understanding that he does not intend.t,.o bud at all. He has a house in SOuthold and he simply wants to plant lavender S°, th n y sol~ a lot of - ; id!eal the ~ · vog be a gOOd And wo are no[ going to build on our lot. I say. here. MadanSumner: H~ll~3, Marian Sumner from PeconJc Land Trust. I jus~ wanted to say ~~d'~.ith this 'Plan. As you know, when we first 'rriet Mr Nia~monitakis he wanted to d'eve op the erttire ~arcel. So, we are really pleased ti-iat another- farm was able to I~e, Saved. Chairman Orlowski: Anyone else? Joan E.qan: When will you make a decision on this? Chairman Orlowski: Well, I will ask the Board what they would like to do, but did anybody have any more comments or questions? (There were none.) Any comments from the Board? (There were no comments from the Board.) Hearing no further comments, I will make a motion to close the hearing. Mr. Ca.q.qiano So moved. Mr. Cremers: Second. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor?. Ayes: Mr. Orlowski, Mr. Cagg~ano, Mr. Cremers, Mr. Edwards, Mr. Sidor. Cha rman Orlowski: Opposed? The motion carries. (The hearing was closed at 6:24 p.m.) I would .~ust ~ike to say that this is a conservation subdivision; this is not a full-blown subdivision. It's eighteen plus acres. It Could have been a lot of building lots; it is not. The Board always supports conservation subdivisions because of, basically, the density Southold Town Plan'nin.q Board Pa.qe Ten July 8, 2002 we are getting here. The density is going to be eight or nine .acres. That's pretty good. We did' lo0k at layout df the prOperty and the 10ts and this is the best way to lay it out and preserve what We thought would be the best farmland. We Worked' diligently With the, appli'c~r~ to accomplish this. We try to do this all (he time throughout the Town to ~vork on these conSer~ati'On SubdiViSions because they come out much better and it just helps the overall density in the whole town. So, that is'my opinion. What is t~e pleasure oflhe Board? MC: Caq.qiano: Mr. Chairman, I'll offer the following: WHEREAS, this proposed set-off is to set off a 1.253 acre lot from a 18.756 acre parcel; and WHEREAS, this proposed lot line change between M. Niamonitakis and R. Ross is to subtract 2.524acres from the 18:756 acre parcel and to merge it with an existing 0.688 acre let, resulting in one 3.212 acre lot and the remaining area which is part of the set- off applica~tion; and WHEREAS, the Development Rights will be purchased by the County on approximately 12.9 acres of the 18.756 acre lot; and WHEREAS, the applicant has received approval from the Suffolk County Department of Health; be it therefore RESOLVED that the Southold Town Planning Board grant conditional final approval on the surveys, dated March 29, 2002, received by the Planning Board on June 19, 2002, subject to the following conditions. The conditions must be met within six (6) months of the resolution: 1. The submittal of a New York State Department of Transportation Curb Cut Permit for the common driveway on Main Road. 2. The graphical representation of the Lot Line as outlined in The Planning Board's October 16, 2001 letter must be shown on the map. The language to "not separate the area in perpetuity" for the Lot 1 area not subject to Development Right purchase must be noted on the map and Covenants & Restrictions as outlined in The Planning Board's October 16, 2001 letter. 4. The submittal of the $5,000.00 Park and Playground Fee. 5. The submittal of (2) mylar maps and (5) paper copies with Suffolk County Department of Health Services approval. Mr. Cremers: Second the motion. South01d Town Plannin.q Board Page Eleven July 8, 2002 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. Cllairman.Odowski: Opposed? The motion carries. Chairman Odowski: premium Wine Group - This amended site plan is for a 3,945 square foot open roof addition to the Production Building. The property is located at the intersection of COx Neck Lane and County Route 48 in Mattituck. SCTM#1000-121-6-1 I'll ask if there are any comm"ents on this amended site plan? Hearing none, any questions from the Board? Headng no further questions~ I'll entertain a motion to close ~he heai;ing. Mr. Caqqiano: So move. Mr. Crenlers: Second. Chairman Odowski: Motion made and seconded. Any questions on the motion? Al those in favor?. Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. Chairman Orlowski: Opposed? The motion carnes. (The hearing was closed at 6:28 p.m.) Does the Board have any pleasure? Mr. Cremers: Mr. Chairman, '11 offer the following: WHEREAS, Premium Wine Holding LLC is the owner of the property known and designated as Premium Wine Grou p, located at 35 Cox Neck Road in Matfituck; and WHEREAS, this amended site plan is for an open roof addition; and WHEREAS, this amended site plan was certified by the Building Department on July 5, 2002; and 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, on June 24, 2002, determined that this acfior is classified as Type II and not subject to review under the State Environmental Quality Review Act (Article 8), Part 617; and SoUthe d Town Planninq Board Pa.qe Twelve July 8, 2002 WHEREAS~ a final public hearing was closed on the Premium Wine Group application ,at the Town Hall, South01d, NewrYork on July 8, 2002; and WHEREAS all the reqUirements of the Site Plan Regulations of the Town of Southold have been ri'let be it the~e~'ore RESOLVED, that the Sou'thold Town Planning E~oard grant final approval on the ~u~b~'SLdated Obtbber 6~ 1~)99' and last revised June ;12, 2002, and authorize the C[~airma~n ~0 ~dor'se the~f~ina] 'surveys subject to a'one year review from date of building peri-hit. Mr., Edwards: Second the motion. Chairman Orlowski: MOtion made and seconded. Any questions on the motion? All [hose in favor?. Ayes: Mr. Odowski, Mr. Caggiano, Mr. Cremers. Mr. Edwards, Mr. Sidor. Chairman Orlowski: Opposed? The motion carries. Chairman Odowski: Osprey Dominion - This amended site plan is for a new 8,000 square foot farm building for equipment storage. The property is located at 44075 Main Road in Peconic. SCTM#1000-75-1-20.2 Are there any comments on this amended site plan? The Building Department did not certify this plan here today so we will be holding this hearing open. Any other comments? (There were no comments.) Does the Board have any questions? (The Board had no questions.) I will entertain a motion to hold this hearing open. Mr. Edwards: So move. Mr. Cremers: Second. Chairman Orl0Wski: Motion made and seconded. Any questions on the motion? Al those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. Chairman Orlowski: Opposed? The motion carries. Hearings Held Over From Previous Meetings: Southold TOWn Planning Board Pa,qe Thirteen July 8, 2002 C. hairman Orlowski: Ann Marie Goerler Revocable Living Trust - This proposal is for both a sci-off and a lot line change. The proposed set-off is [o set off an 80,000 sq. ft. parcel from an approximately 38,7 acre parcel on which the Development Rights have 'been 'purchased by the Town of Southold on 36.39501 acres. The proposed lot line chan{)~e is to subtract 21,597 sq. ft. from the 38.7 acre parcerand to add it to an adjacent 1,641 acre pa~rcel. The parcels are located on the southwes[ corne~ of Cox's Lane &~ t~e LIRR Property in Cutbhogue. SCTM#1000-96-3-3.1 & 4.1 ~Again, we are mist~in~l, sdi-ne items from the applicant. We will be holding this hearing o~en. DOes anyon:e~i~ve-a~Y cot-nments While the hear~ngJs0pen? He~ring none I will entefta n a mot on to hold h s hear ng open. 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 Odowski: Opposed? The motion carries. Robert Schreiber - This minor subdivision is for 4 lots on 47.4 acres. Development Rights will be sold on 32.27 acres. The property is located on the north side of Oregon Road, west of AIvah's Lane in Mattituck. SCTM#1000-95-1-4 This, too, will be held open because we have not gotten everything from the applicant. This is a conservation subdivision. We have a few things missing so, therefore, we cannot do anything on this tonight. O.K? Marian Sumner, Peconic Land Trust: No problem with the moratorium? Chairman Orlowsld: No, it is a conservation subdivision so it will be exempt - it should be exempt. We are not proposing a moratorium - adopting it - we're proposing it. Any comments while it'S open? If not, I will entertain a motion to hold this hearing open. Mr. EdWards: So move. Mr. Cremers: Second. Chairman Odowski: Motion made and seconded. Any questions on the motion? All those in favor?. Ayes: Mr. OdoWski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. S0uthold Town Plannin.q Board Page Fourteen July 8, 2002 Chairman Odowski: Opposed? The motion cai'des. .Chairman Odowski: NexteI.Communications - This proposed site plan amendment is to affix a new wireless antenna to an existing monopole and install a related equipment shelter on 1.05 acres of property located on the north side of CR 48, 750' west of Cox's Lane in Cutchogue. SCTM#1000-96-1~19.1 This, too, is missing ,some items while we are waiting for the applicant. We will hold this 'hearing o'pen. If anyDbdyWould like to make a comment while it is open they may do so ,now. If not, I will en~ertaiti a motion to hold the hearing open. .Mr. Edwards: So move. .Mr. Cremer~s: Second. .Chairman Odowski: 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 Odowski: Opposed? The motion carries. Chairman Orlowski: Island Health Project, Inc. - 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 waiting for something. We are going to hold this open. I will entertain a mOtion to hold this hearing open. 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. Sidor. Kenneth Edwards: I abstain for reasons previously stated. Chairman Odowski: Opposed? The motion carries. 'Sou'thOId Town Planning BOard Page Fifteen duly 8, 2002 Chairman Orlowski: Baxter Sound Estates - This proposed minor subdivision is for 2 lots on 4.65 acres. The ProPerty is located on Oregon Road, west of Bridge Lane in Cutchogue. SCTM#1000-72-2-2.1 This too; is missing a coupleitems and we will be holding this hearing open If anyone Would like to make a comment now while the hearing is open, they may do so. bi,iqa W ckham, .Esq~ In speak ng to Mark Terry regarding the questions that were S~d ~bout Sol cond t o, ns and buff stab ty be eve you have n your file a letter from !mulls atrd Ste?lman which addresses that and includes a soil test on Lot.1 which s .;.6a.'S[Sriy lot,- the ¢~)II te~'~l~ta. I also have f°r the ~oa~d and Would like to ~bm t to ~, ~SChe~dd~tl~nal irifbrtnabbn which I, unfortunately, d~d not have untd late th~s ~elp address whatever concerns~/~liere may be. One is a sabdMsiOn map that you have in your f e fi-om severa,.years ago One Which- than the. sand very deep hole I have in ppeared fu'rther west the at the last not the ,the Chairman Orlowski: Gall. you know, unfortunately, it just came in and none of the Board rha!s had a Chance to review it. Abi,qail Wickham, Esq.: I understand. I did not know until this afternoon that you needed that inf~ormation. I also understand that there was a request by the Gallaghers' engineer to look'this over because he wanted more time to submit a report and, I would like to say, I ddn't see why a report could not have been submitted by him. Is that the item that you were waiting for?. Chairman Orlowski: No. I th ink we were waiting for your report, which did come in about four o'clock, and none of the Board Members have seen it. So, I can't put them on that kind of a spot. We will have to review it at a Work Session Abigail W ckham, Esq.: Is there anything else that you are waiting for? Mr. Cremers: Not waiting for but I have a question. I just looked at the picture very quickly. It shows a four-foot fence going all the way down to the high water mark. Is that what is being proposed? Southold Town Planninq Board Pa.qe Sixteen July 8, 2002 Abfqail Wickham,.Esq.: On which map? Mr.. Cremers: On the one we ju'st got today. If you would like to look at the letter - it says four foot and shows it going all the way down. Abigail Wickham~ Esq.: If I could ask Mr. Samuels - that was on his map. Samuels: NO, if there is a fence it would just be to here to enclose the poo I know theft dOes point to tt~at;'lt WOuld just be to enclose this pool, no other fences. Nothing '~ithih'a I1:Ondred' feet Of the line, as per the Trustees. Mr. C. FeVers: .The only other question I have is - the pool in the - I think it is considered the front yard on the bluff parcel. I am not sure because we just received the letter, l .didn't loOk,at it. Rb may need a variance forthe pool in the front yard. Tom Sam,aels: Not on a waterfront parcel, though. Mr. Cremers: I think there is a definition that, on a waterfront parcel, the water side is the front yard. Ann, if that is the front yard, you can't have a pool in the front yard. Tom .Samuels: on a waterfront parcel, you are allowed to have a pool in either the front or rear yard. Mr. Cremers: have not reviewed the Code. Tom Samuels: It had been a variance matter in the past and the Town Board changed our Code to allow a pool on the water side. Mr. Cremers: We will look at it. Tom Samuels: And it is a hundred feet back even though it was really - the Trustees gave us a Letter of Non-jUrisdiction because we are one hundred feet back from the coastal erosion line and we are out of the DEC's jurisdiction. Abigail Wickham, Esq.: Those are both very good questions. I would like to comment that those are both issues as to the buildin§ permit, I think, once the subdivision is granted and, certainly, those questions have to be answered. I really don't think the Planning Board need take its time on wh ether the applicant on a particular lot is doing it right. I would hope that we could get beyond that unless they do, obviously, have to address it and request it. And you are absolutely right about the fence. That is not on our subdivision map and it is not intended to be part of the subdivision. Anything else that - .Chairman Orlowski: Getting back, that's all we are waiting for is to review the information that came in but it came in so late today. Abi.qail Wickham, Esq.: understand that. O.K. Thank you very much. Southold Town Planning Board Page Seventeen July 8, 2002 Chairman Orlowski: Any other comments or questions? 'Kathy Galla,qher Stuber: just want to know if you are going to guarantee that we are not going to have a blow out like Duck Pond. Can you make a guarantee that if we go ahead with this .subdivision, and these huge houses are built there, that we're not going To blow out in the middle? .Ch'airman Orlowski: We ca'n't guarantee that. ~Kathy Gal aqher Sta'ber: Well, you know, it's a question. The SEQRA report that I saw only addressed asmall bluff and hardly any of the questions were even answered and e asked for the so I test ng to be a little late. You said that you ...(inaudible) it to the n,e?.t, meetihg, Which.~vas August 12th' So that we could get the testing done and I hope th~t'~ What yOu're p!ann ng to do. Chairman Orlowski: Well, they have supplied the soil test and we are going to review that af~d - Kathy. Galla,qher Stuber: Well, we have our soil test and, since we are in the middle like the cr~me in the oreo cracker, you should know that we are going to get, you know, like Duck Pond. We don't want to have a deep crevice there. We have already lost 50 some odd feet since we moved our house back ...(inaudible) Chairman Orlowski! Any information - while this hearing is open, you can submit any information including your soil test. That would be fine. They submitted theirs today. We have not reViewed it. O.K.? Kathy Galla,qher Stuber: O.K. Abigail Wickham, Esq.: Mr. OrlOwski, I would like to request if it is possible to consider 'conditional final, subject to your review of conditional items. When is your next meeting - August? Mr. Edwards: August 12% Chairman Orlowski: I am not going to get a majority on that. As a matter of fact, I don't think I have any vote on that. We are going to hold the hearing open I will entertain a motiOn to hold the hearing open. Mr. Edwards: So move. Mr. Cremers: Second. Chairman OrlowSki: Motion made and seconded. Any questions on the motion? All those in favor?. Ayes: Mr. Odowski, Mr. Caggiano, Mr. Cremers, Mr. EdWards, Mr. Sider. SouthO d Town P annin.q Board Pa.qe Eighteen July 8, 2002 ;Chairman Odowski; OppoSed? The motion carries. Chairman Orlowski: Grace~s Place - This proposed site plan is to construct a 7,000 sq. ft. nursery school facility on a 4.6 acre parcel. The property is located on CR 48 in Peconic. SCTM#1000-74--4-4.7 & 4.8 This, too, will be. herd open because it has not been certified. SO, we are going to have to hold this I~'Sarlng open, f there are any comments, I would like you to keep them to ~he site pith. We have.heard many, many comments last month, think we have hea~'d tlier~ ali. There. mere alt.l(indS of reasons. If there is anything pertaining directly to the site plain i 4Will ehtert~iin it~ John Skabr~: Chaitman Orlowski, Board Members: Thank you very much for giving me this opportuOity tb speak to you this evening· My name is John Skabry and I live on Hen,s L~ine. 'My p=rope~ is thirty;two years directly across from this property - within eyesight, of it. There are just a couple of documents that I want to let you have for the record ahd then ~euld I ke to speak on them and they all pertain to the site plan itself· Number One - ahd probably most ~mportant to all of us - is that these applicants have applied for a durSery sch'bol - keep in mind and these documents will uphold that - a comm~rCial'op.e(ati~n; I( is riot a daycare center· it is a social services center which is nOt pe¢~ t{-~d;iri' ~ r~bsider~tial area .... (inaudible) There is no need for this to be built· · ..(inaudible) ~fe~Pa~ri~g,food there which means that their sewage and water use is goin§ to be;,~idcl~ g~reat~r than is written ...(ina'udible)) that this i~ not'the appropriate place for it: ~l~a~fk you ~/ery much for giving me this opportunity to speak to you tonight· Thank you. Chairman OrloWski: Anyone else like to make a comment? And I would like to keep it to the Site plan. I knew; John, you had a lot of comments there but there were you know - the one about the Health Department and that will be taken care of by the Health Department - none of them actually pertained to the site plan approval which is all we can do. We have to look at this as conforming and allowed use and all we are looking al is the s~te plan elements - this board is. I mean, you know, it was granted at the variances at the ZBA and creates a whole different piece of property and that's the way we have ttd look. at it. Gary Rempel: Good evening, my name is Gary Rempel I know last month several issues were brought to you - several concerns. Hopefully, some of them are being investigated and, hopefully, some of them are being addressed. One of the issues I would like to refer back to is the Zoning Code 100-101 which is no gasoline service or repair shops or similar businesses will be located within 300' from a church, public school, library, hospital, orphanage or rest home. That's obvious that this Code tries to deal with the safety, the health and the welfare of our children. I took the time to look through wh~t is called the Fire Protection Handbook. It is, basically, the Bible of fire prevention. It is a two thousand page handbook that deals with every issue and one of the issues that they deal with (J am just going to read a small excerpt from it) is reaching Southold Town Planninq Board Page Nineteen July 8, 2002 highr-risk groups, pre-school children. Child ten, ages five and younger, and adults, ages ~ixty-fiVe and. older, have the highest f re death rates in the United States Pre-scheel chil~lren have a fire death rate (~f forty-fobr fire deaths per miIl'ion or more than twice the national average. Children, ages five and younger, are also less able than older children rte contrOl their envir6nments. They are more dependent on adults and less likely tO have received Or uriderstand information about fire sa[ety. In a Federal Emergency investigation to see how children respond to t~ , of ~nd w, elll one now ; are spent Chairrrian ',Orlowski:; I.think there will be an agreement to take out that single entrance an~l they W~[I access ~t Tro~ the front of their property. Gary Rernpel: My ~ther question would be are they going to add a curb cut which is even ad'ding more danger to an area that you already ha:ye Henry's Lane coming through; you already have the traffic of the gas station which elevated it even to a high level by putting a curb cut which would even propose more danger than you have right now? Chairman Orlowski: There is one curb cut there and our Traffic Report said everything was O.K. Gary Rempel: Well, know there are several existing mechanisms that demonstrate why Grace's Place shouldn't be built whether it is the Town Law, State Statutes, Southold Town Code or perhaps even your own conscience. Grace's Place should not be built. Thank you. Chairman Orlowski: Unfortunately, my conscience can think anything it Wants but we do have a Code Book th'al we have to go by and people have the use of their land and this use with their variance is conforming and, right now, what is holding it up is certification from the Building Department. am not exactly sure what the Building Department is looking for but I guess the applicant is working with them so we cannot go on with this until we get that. We will hold this hearing open until we get that and that is the best this Board can do right now. I will entertain a motion to - unless there are any other comments - to hold this hearing open Mr. Edwards: So move. SOuthold ToWn Pl'anninq Board Pa.qe Twenty July 8, 2002 -::,:Mr. Cremers: Second. iOhairman..Odd~/ski: Motion made and seconded. Any questions on the motion? All ?those in favor? Ayes: Mr. Orlowski, Mr..Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. ::Ch~irm~in O~lowski: Opposed? The motion carries. :MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES AND SET ~OFF APPLICATIONS Final Determinations: Chairman Odowski: Raymond J. Akscin - This proposed minor subdivision is for 4 lots on 9.77 acres located on the noah side of Main Bayv~ew Road in Southold. SCTM#1000-88-2-17 What's the Boards pleasure? Mr. Edwards: Mr. Chairman, I'll entertain the following motion: WHEREAS, Raymond J. Akscin is the owner of the property known and designated as SCTM#1000-88-2-17 on Bayview Road, Southold; and WHEREAS, the applicant proposes to subdivide a 9,77 acre parcel into 4 lots where Lot 1 is equal to 3,32 acres; Lot 2 is equal to 2.16 acres; Lot 3 is equal to 2,07 acres and Lot 4 is equal to 2.22 acres; and WHEREAS, on December 19,1999 the Planning Board granted conditional sketch plan approval on the map, dated November 27, 1999; and WHEREAS, the applicant has met all the conditions outlined in the sketch plan approval; and WHEREAS, the Suffolk County Water Authority issued a letter of water availability for Lots 1,2, 3, and 4; and WHEREAS, the Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617 performed a review of this unlisted action, made a determination of non-significance and granted a Negative Declaration on January 24, 2000; and WHEREAS, on July 2, 2002, the Southold Town Board approved the Letter of Credit No. 020522 in the amount of $35,200.00 dated May 22, 2002; and SoUt~l~old Town Planning Board Paqe Twenty-One July 8, 2002 WHEREAS, the applicant has paid the Park and Playground Fee in the amount of :$15,000.00 and an Administrative Fee ir~ the amount of $2,112.00; 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 approva on the maps, dated June 13,~2,001, add the ,Road and Drainage Plan, dated March 4, 2002, ahd ~uthorize the CIi~iir~ant~'rerldbrse, the maPs. Mr. CremCrs: Second the motion. Chairman .0 rlowski: Motion made and seconded. Any questions on the motion? All those in fa¥or?. Ayes: Mr. Orlowski, Mr. Caggiano, Mi'. Cremers Mr. EdwardS, Mr. Sidor. Chairman Orlowski: Opposed? The motion carries. Setting of Final Hearings: Chairman Orlowski: Paradise Isles - This proposed minor subdivision is for 4 lots on 30.619 acres located on the north side of Island View Lane, 234.18 feet west of Bayshore Road and on the south side of August Lane in Green port. SCTM#1000-53-6- 46.2 and 57-2-1.1 Mr. Cremers: Mr. Chairman, I'll Offer the following: BE IT RESOLVED that the Southold Town Planning Board set Monday, August 12, 2002, at 6:00 p.m. for a final public hearing on the maps, dated December 16, 1997, and last revised on May 14, 2002. Mi'. 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 Qrlowski: JOhn J. Koroleski - This proposal is to set off a 1.988 acre parcel from an existing 69.964 acre parcel. The Town of Southold has purchased the Development Rights on 63.976 acres of the 69.964 acre parcel. The property is located Southold Town Planninq Board Pa.qe Twenty-TwO July 8, 2002 --on the north side of Sound Avenue in Mattituck. SCTM#1000-112-1-9.1 ;120-2-4 and 12'0_6_1 Mr. Edwards: Mi'. Chairman; I'll offer the following resolution: BE IT RESOLVED that the Southold Town Planning Board set Monday, August 12, 2002~ at 6:10 p.ni. for a final public hearing on the maps, dated March 25, 1996 and la'~t revised Nbvember 11, 1999. · 'Mr. Cremers: Sedond the motion. Chairmafi Orlowski: Motion made and seconded. Any questiens on the motion? All those in f~iVor?. Ayes: Mr. Orlowski Mr. Caggiane, Mr. Cremers, Mr. Edwards, Mr. Sider. Chairman Orlowski: Opposed? The motion carries. 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. Mr. Cremers: Mr. Chairman, I'll offer the following: BE IT RESOLVED that the Southold Town Planning Board set Monday, August 12, 2002, at 6:05 p.m. fora final public hearing on the maps, dated April 14, 1997, and last revised on April 23, 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. Sider. Chairman Orlowski: Opposed? The motion carries. MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES, SET-OFF APPLICATIONS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Lead Agency Coordination: S0u~hold Town Plann nq Board Pa.qe Twehty-Three July 8, 2002 Chairman .Orlowski: BCB Realty Holdinq Corp. - This proposed minor subdivision is ~or 4 lots on ~14.174 acres. The property is loCated on the north side of Main Bayview ROad, +600' eas[ of Midland Parkway in Southold, SCTM#1000-88-2-15 Mr. Ca.q.qiano: Mr. Chairman, I'll offer the following: ~H,EREAS, this subdivision is for 4 !ots on 14,174 acres located on the north side of h Bayview R0ad~,_+ 600' ea'st of Midland Parkway in S0uthold; and .WHEREAS~ prior to issUiflg any approva s for any proposed subdivision located on the i~log N~CI~ Penihsula~ [he Plan ning E3oard is requiring tl~at a SEQR determination be issued; tl~brefore BE IT RESOLVED that the Southold Town Planning Board, pursuant to Part 617, Article 6 oft'he En~/ironmental Conservation Law acting under the State Environmental Quality RevieW'Act, initiate the SEQR coordination process for 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. Chairman Orlowski: Doroski Family Ltd. Partnership - This proposed m~nor 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. Cremers: Mr. Chairman, I'll offer the following: WHEREAS, this subdivision is for 4 lots on 40.56 acres located south of Sound View Avenue, + 170' west of Hope Lane, Southold; and WHEREAS, the Town of Southold has purchased Development Rights on 33.16 acres; therefore BE IT RESOLVED that the Southold Town Planning Board, pursuant to Part 617, Article 6 of the Environmental Conservation Law acting under the State Environmental Quality Review Act, in itiate the SEQ F~ coordination process for this unlisted action. Mr. Ca.q.qiano: Second the motion. Southold TownPlannin.q Board PaRe Twenty-Four July 8, 2002 Cha?man.Odowski: 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 Odowski: Opposed? The motion carries. ~SiTE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Determir~ations: ChairmanOrlowski: Hellenic Hotel 8, Restaurant - This proposed site plan is for the demolition Of existing cabins and construction of 12 duplex hotel Units. SCTM#1000-35- 2-14 & 15.1 Mr. EdWards: Mr. Chairman, I'll Offer the following resolution: 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-s~gnificance 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 carnes. Chairman Orlowski: Breezy Sound Corp. - This proposed site plan is for a 68-unit motel corn plex. The property is located on CR 48 in Greenport. SCTM#1000-45-1-2.1 Mr. Cremers: Mr. Chairman, I'll offer the following: 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 Odowski: Motion made and seconded. Any questions on the motion? All those in favor?. Southbld Town Plannin.q Board Paqe Twenty-Five July 8, 2002 Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. Chairman Orlowski: Opposed? The motion carries. OTHER ,~Chairn~an Orlbwski: HoGS Neck Peninsula.. SEQR Draft Scope Meeting Mr. Caq.qiano: Mr. Chairman, I'll offer the follOWing resolution: WHEREAS, that [he Planning Board finds that a Generic Environmental Impact Ststement (GELS) iS appropriate and intends to issue the appropriate determination to requi're such document for the Hog Neck peninsula, considering the current p, en(Jing applications which are expected to result in cumulative and generic impaCts, therefore BE IT RESOLVED, that the Planning Board set Thursday, August 15, 2002 at 3:00 p.m. to conduct the Scoping Session for the Draft Genedc Environmental mpact S~atement for the Hog's Neck Peninsula at the Town of Southold Town Hall. Mr. Cremers:~Second the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All [hose 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 Planning Board authorizes the Secretary to the Board to file this notice with the following parties: New York state Department of Environmental Conservation, Albany New York State Department of Environmental Conservation, Stony Brook Suffolk County Department of Health Services, Riverhead Town of Southold Trustees Ms. Betsey Dickers0n, Applicant Patricia Moore, Esq., Applicant Agent Abigail Wickham. Esq., Applicant Agent Richard Lark, Esq., Applicant Agent Cathy Mesiano, Expeditor, Applicant Agent Mr. Cremers: Second the motion. Southold ToWn Plarininq Board Pa.qe Twenty-Six July 8, 2002 ..:Chairman Odowski:~ Motion made and seconded. Any questions on the motion? All .~those in favor?. Ayes: Mr. Odowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. .Chairman Odowski: Opposed? The motion carries. Chairman Orlewski: John Milazzo- SEQR Draft Scope Meetin,q Mr. Cremets: Mr. Chairman, I'll 0~er the following: WHEREAS, this proposal is to subdivide a 12.54 acre parcel into 3 single family lots; and WHEREAS, prior to issuing any approvals for the proposed subdivision, the Planning Board is-requiring that the concept be subject to SEQRA review; and WHEREAS, the Planning Board adopted the Environmental Assessment Review Report for MilaZZo at Greenport, dated Ap'ril 11, 2002, prepared by NelSon Pope and Voorhis LLC; 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, established itself as lead agency, and as lead agency has determined that the proposed action may havea significant impact on the environment and adopted a Positive Declaration for the proposed action; be it therefore RESOLVED, that the Planning Board set Thursday, August 15, 2002 at 4:00 p.m. to conduct the Scoping Session for the Draft Environmental Impact Statement for the proposed MinOr Subdivision of John and Rose Milazzo at the Town of Southold Town Hall. 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 ©dowski: Opposed? The motion carries. Mr. Cremers: BE IT FURTHER RESOLVED, that the Planning Board authorizes the Secretary to the Board to file this notice with the following parties noted below: So~thOId Town Plannin.q BOard Paqe Twenty-Seven July 8, 2002 Joshua T. Horton, Supervisor Southold Town Board Greg Yakaboski, ToWn Attorney Board of Trustees Building Depa'rtment Southold Conservation Advisory Committee Meliss'a.Spiro, Land Preservation Coordinator NYS Dept.. of Transportation John Milazzo, Applicant NYS DEC -,St~)ny Brook Sharon Gustafson, MTA-LIRR sbffolk ¢ouln~y Water AuthoritySuffolk County Dept. of Health Services Suffbtk ;coun~ty Dept. Of Public Works · Mr. Ed~ar~ds: Second the motion, ..Chaitmah Odowski: Motion made and seconded. Any questions on the motion? All those infaVor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. Chairman Orlowski: Opposed? The motion carries, Chairman Odowski: Proposed Local Law on Moratorium The Town Board has requested of this Board a type of report which we can send over to them and think we'll do a small resolution supporting it. Since we proposed it, guess it's a good idea to support it. Mr. Cremers: I'll offer the following: WHEREAS the Southold Town F'lanning Board has recommended to the Town Board that a Moratorium be adopted on the processing, review and approval of major and minor subdivisions, special use permits and site plans with dwelling units, and WHEREAS the purpose of the Moratorium is to develop a sustainable growth strategy through the careful consideration and implementation of specific elements of the Town's comprehehsive plan, otherwise known as the Local Waterfront Revitalization Program; such elements to include but not be limited to: the best techniques for protecting its environmental resources; the land preservation recommendations of the Blue Ribbon Commission; the development of a sound strategy for maintaining a stable supply of affordable housing; the definition of the hamlet areas, the protection of the Town's sole source aquifer; BE IT HEREBY RESOLVED, that the Southold Town Planning Board votes to support the proposed Moratorium. Mr. Edwards: Second the motion. Chairman Odowski: Motion made and seconded. Any questions on the motion? All those in favor? SouthOld Town Pl~n'nin~t BOai'd Page Twenty-Ei.qht July 8, 2002 ~Ayes: Mr. Orlowski, Mr. Oaggiano, Mr. CremerS, Mr. Edwards, Mr. Sider. Chairman OrloWski: Opposed? The motion carries. I have nothing left on this agenda If anybody would like to put anything on the record, you may Stahd'up and do so. We're going to adjourn and go into a Work Session. Would you like to put something on the record? :.Patricia Moore, Esq.: Just a very brief statement on the record. I thank you for putting '~he~hearing for Paradise Isles on for a Public Hearing. We truly appreciate it. I hope that you will convey to the ToWn Board that [h~e moratorium should not bring into the moratorium p'r'ocess this type of subdivision. 'It's very diStreSsfUl to the families that are involved here. Half Of them are local people; the Other half want to be local people. There a~e.people wh'o are iflvolved in agriculture with 'respa_ct to this property. They have'been, urifottun~te!y, caught in every motatori :urn tfi~at s been proposed and, while ?etybedy c~n agree th'at the moratoriums did not ir~tend -both the wa~e~ moratorium - the mot~t'Orium that SuffOlk County Water ~uthorit~, impo~ed when they acquired the system from GreenpOht.- nonetheless, it'has always delayed' this process andthe reasdn that I~ ¢eq'u~t~cl that the hearing ,be eadier [~an the'August date, was the impending mor~to?iui-n. So, I would hope you would 'paSs ~n'tQat this parcel b~ exempt an~t I kn~ ~hat 1~h~r~e issome discussion ev~ minors and which Will b'e e×em~t and Which wdl not.. 1 hope that you w~il keep t'h~s one. ~n mind because othet~se you re going to have a very upset'group df People ~fld (he bottom line [s~that ever1 if up'-~oning Occurred, yob could :e. nd up'with two add"[tiohal Iots'here,be~causb you have s~'v,e, n acre lots - assure'lng that~th~ Ql~-zOnirig occurs. So, I hope tha'[ you' w~'l :'Keep, this pFbject in mind. Chairman Orlowski: thinkwe could assume that since it's four lots on thirty acres, it might fit under the conservation subdivision. We probably will support it since it's been around for such a long time. I'm only speaking for myself at this minute. Four lots on thirty acres isn't bad. Patricia Moore, Esq.: No, it's not and it's frustrating to them. Chairman Orlowski: Yes. O.K. Patricia Moore, Esq.: Thank you Mr. Cremers: Or you may have to write a letter saying it's a hardship or something also because that's supposed to be exempt, I think, too - right, hardship? Ms. Moore: Well, they haven't yet prepared the law. It's very difficult for me to go to the Town Board and ask for an exemption. And, even Cathy Mesiano - certainly, Bill would recuse himself from voting on any kind of decision but, again, you're putting people that have already spent an awful lot of money - I mean: it's like seeing the end of the process being yanked away from you. So, rather than put them through the burden of asking for relief, keep in mind the relief mechanism right from the beginning because, SouthoId TOwn Planning Board Page Twenty-Nine July 8, 2002 again, you keep putting the burden on them to ask why this project shouldn't be included in the moratorium. It ~vorke, d with water. We thank you for your suppor~ on the rnoi-atOdtim for Water as wbll as thefr Continued behavior with respect to water connections, Ybu~ve .been ve~ suppo~ive and sometimes it feels like you're not on their side. I just want them to ~o~ that it's a pro,ess that, un~unately, they keep being thrown iffto a Prooess = ~a'ught into the flap because of timing and it's usu~!ly within just a' ~th differe~ betwee~ bein~ ih the trap and outside the trap and that~ why the ffdstt~on ~h~ d~KAi~ly; ~ h~d a'~d I 'eXpressed ~'rMa~ ~hd Why I b~ged, [he Board t0 pleas~,sc~edule.~,f0r t~e July hearing 'and, for some. reason, ~t d~dn t. get on. Its Ch'airman Orlo~ski: We'll t~ to suppo~ that in any way we can. Please don't be mad at US; Ms. Moore: It's not me; it's going to be the four families - screaming and yelling at the ne~ moratorium meeting. Chairman Orlowski: We have such a list like that that those people don't scare us or bother us. Ms. Moore: You don't want to be blamed for- Chairman Orlowski: That's right. We are. but- Ms. Moore: You are but, you know. Chairman Orlowski: You tell them it's not true. An~hing else? Ms. Moore: That's it. Chairman Orlowski: I'll ente~ain a motion to adjourn. Mr. Caqg,ano: So move. Mr. Cremers: Second. Chairman Orlowski: Motion made and seconded. All those in favo~ Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. Chairman Odowski: Opposed? The motion carries. SouthoId ToWn Piarininq Board Paqeq'h rty July 8, 2002 Th~.r~ being no further business to come before the Board, the meeting was adjourned at ?'.13 p.m Respectfully submitted, Carol Kalin Barbara Rudder RECEIVED /~P, '~-',,.¢ .~ NOV ~ 9 2003