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HomeMy WebLinkAboutPB-09/09/2002PLANNING:BOARD MEMBERS J~RILY~ 13. WOODI~OUSE ~h~ir RICHARD CAGG-IANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN ti. SIDOR P.O. Box 1179 Tovra Hall. 53095 State Route 25 Southold, New York 11971-0959 Telephone 631) 765-1938 Fax C631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MINUTES SePtember 9, 2002 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, Sr. Environmental Planner ScOtt Hughes, Sr. Environmental Planner Victor L'E plattenier, Senior Planner Carol Kalin, Secretary Chairman Orlowski: Good evening. I'd like to call this meeting to order. The first order of buSinesS is for the Board to set Monday, October 7, 2002, at 6:00 p.m. at the Southold Town Hall, Main Road, Southold as the time and place for the next regular Planning B0afd Meeting. Mr. Caq.qiano: So move. Mr. Cremers: 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. PUBLIC HEARINGS Chairman Orlowski:. 6:00 p.m. - Hart's Hardware - This proposed site plan is for a 1000 sq. ft. addition to an existing hardware store. The property is located on SR 25, 95' west of Jockey Creek Drive in Southold. SCTM#1000-70-5-6.2 Southold Town Platining Board Pa.qe Two September 9, 2002 I will ask if there are any comments on this site plan? Patricia Moore, Esq.: I am here, if there are any questions. I have the elevations. Everything is ready but, unfortunately, the ARC could not meet until Wednesday so, we are scheduled to be there for a Wednesday meeting. So, this will have to remain open, I guess, until we get their comments which we hope will finish it. The DOT - we have the approVa by Way of a!etter W~ are in the process of getting the bond to comply with the DOT, requirements ,of~tb~ m:surance at~d the bond. East End Insurance wdl be getting the 5ohd: It WaS. ~UpI~0S~ to b~ today but it hasri~t come yet. S0 tha~ too, will be 'fot~farded 0'n -eV~hing, is r~dy; th~ package is dong, am just waitir~ for the bond. Chairman Orlowski: O.K. Any other comments on this site plan? Patricia Moore, Esq.: Did you want to look at the elevations? If you want, I have them here. If not, then - Chairman Orlowski: No, Pat, you'll do fine at the Architectural Review, I am sure. We will wait for their report. Hearing no further comments, any questions from the Board? Hearing none, I will make a motion to hold this hearing open. Mr. Edwards: Second. Mr. 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. Sider. Mr. Odowski: Opposed? The motion carnes. Chairman Odowski: 6:05 p.m. - Aliano, Nicholas - These amendments modify the Declaration of Covenants and Restrictions, dated March 31 1993, as they pertain to Lots 7 & 8 of this approved subdivision. These amendments affect the proposed Grace's Place Nursery School common curb cut requirement on CR 48, and the relocation of the common driveway which provides access to the subdivision lots. The subdivision is located on CR 48 in Peconic. SCTM#1000-74-4-(4.1-4.6) Are there any questions on these amendments, modifying these amendments? John Skabry: Chairman Orlowski and Members, thank you very much for giving me the opportunity to speak to you tonight. Let me preface this by saying that, once again, reiterating there is absolutely no need for this project in this Town. Already we have 52 openings for child care ~n this Town and, at a sliding scale, migrant farm worker's children would have to pay nothing for that service. This is nothing but greed we're talking out - to build something and to buy something. The driveway that we're talking about ...(inaudible tape) which exists now on paper - and, stop me if I'm wrong - was Sduthold ToWn Planning Board Page Three September 9, 2002 Sold to the Town. The building rights were sold when they sold it for Four Hundred Thousand Dollars in' Development Rights to the land so the property cannot be developed. It can o¢ily be farmland .... (inaudible tape) to Peconic Land Trust ...(inaudible taPe) the,figu, re, but it;s close to One Million Dollars. That's one Million Four Hundred Thousand DO[Iars for the prope'r[¥ which can only be farmed on. ' six hundred feet closer to the i.ntersecti0n which · is a dangerbus She makes nts to here nakes the 'PieCe .:.(tape inCudible) 150' from Henry's is ~ i£'s .tHe only g~ls station f¢oCn Riverhoad, some sbluti0ns: M~ve tO anoth?r area where a commercial operation isviable. That's why We h*a've zo. pigg; teat s ~/hy we have Agncultqral D~st.r¢;ts. Ashlar'as the property l~'eing lan~d]oo~, ~ belJ'bve~th~t,it% [andlocked right now. T~eYe is rio'driueway for it. Am Chairman. Orlowski: Well, there is access over the Aliano property. That's what these amendments are changing right now. Mr. Skabry: All these Development Rights were sold to the Town - Chairman Orlowski: Yes. Mr. Skabry: Including the driveway? Chairman Orlowski: The driveway goes with it but Mr. Aliano is changing that right now to amend those covenants, allowing access to the last two lots - offthe ast two lots - to the last two lots. John Skabrv: So the lot is landlocked now ...(inaudible) where the Development Rights have been sold, right? Chairman Orlowski: This won't be on that. This wil De on those two lots that are left. John Skabry: I am talking about the existing subdivision driveway is six hundred feet to the west. Chairman Orlowski: Right. Mr. Skabry: And it no longer exists because it can't be built on. SOuthold Town Planning Board Pa.qe Four September 9, 2002 Chairman Odowski; Well, that driveway will exist for the other six lots. That driveway is .~till ther~e, but these six lots - you are right - have been pumhased through the Town and I don't know how that was do-ne but it has nothing to do with this Board. O.K.? We are just looking at two lots there now and this amendment change, changes the access giving right bf access to Route 48 for lots, I believe it is Lots 7 & 8. Th s s an am~nd~e~nt~ ~hange. T'h!s ha~ also been ~'eviewed by our Consultant and approved by bur Con~i~t :and i~;s ~r~¥ ur~de~standing they have a So gotten permiss oh from the C~at~ty f~r.t~e cu~'bcut a.r~ that.~s already ~amped and put on. tl~e. map. ~ohn Skabry:,Are they looking at other ac. cess points for this~ Project? Have they come td YOU witE~6y, ~"iCtOr, o~ ~6Od~ on ~he Board? Have theY pr(~osed any Other access to'~t-fe ¢~-(~je~t~) Chai~rman Orlowski: There's not many other places you can go. John Skabry: There certainly are. I've walked the whole area I have lived there for thirty-two years; I know how to get around the back of Peconic. Present~y, Morris' Cesspool service - he, is in the back o~ Brower's lsp?) barn - o.k. - and he has access from Pecor~ ~c Lane. He is less than 150' from their property line. All they have to do is e~en~ that L RR ~'ight~of;way where the old section used to be and the siding [o the railroad -'.o.~. ~ right along the railroad tracks, you can drive on a public right-of-way from Peconfc L~ine We;s~ to.150' of theirpr roperty line. There's nothina but ...(tape inaudible) ir~ {here right noW...(tape ina~dil~le) 'weeds. All that woul(~ have t~) I:;e done is clear itout. That WOuld put,ail the traffic out on Peconic.Lane, which is shortly goin~ to have a traffic ght I hope you're not §o:in§ to approve this project in the first place. You see, I don't eveh thir~k;they'.ve g ven much thought about wh~re it's going to be ...(tape inaudible~ d~iveway or,anything . .(taPe inaudible) thirty.two years and I'm the guy who's go n'g to have to~:try to get out on that corner after that UdVeway is in place. The Second'chOice would be Horton's Lane which is another road that is marked right adjacent ju:st to,the east Of !he Amoco Gas Station. Paul's LaRe goes south from 48 and it's beyond Hen)-y's Lahe intersect on and it meets up w~th that right-of-way that I'm taikin~ abou!, ..~.(tape inaudible) right-of'Way through that proper~y ...(tape inaudible) Henry's Lane intersection. Chairman Orlowski: Well, this is one thing you have to understand. They have gotten [he use for what they have applied for. They're coming in. They've gotten the use to access onto County Road 48 from the County. So they can do that. And they have it. Our Consultant has reviewed it and our Traffic Consultant has rewewed it and he said there isn't a problem. There's not much else left for us to do. You can't say that now you'd rather we come from the Railroad side. They've gotten their approvals and their permits and everything they need. Unidentified Speaker: So Benny, in other words, this is a done deal? Chairman Orlowski: All I'm saying is that they've gotten all the approvals they need an(~ this is all we can do. You've got to understand that this Board - you have the right to do Southold Town Planninq Board Page Five September 9, 2002 certain things with your land, This Board is here to ap .p, rove the site plan. The book that We ~e~d has certain elements in (he site p an and the~/ve ~eta of thoSe e ements, 'ifTclUding the (~urb cut f¢em the County which they nOw have. They have the Health DiePart~ent aPprOval. The; use was granted Th s Board did not grant that use but we ha e to look at ~t with that use on it and that s it. We can t do anything else here. John~Skabry: So,.the curb cut is the only thing they needed from the County and then [h:e ~lann~g Bdard has to a~ptbve their site plan.~ Chair,man~Orlowsld: ,Well, theyYe allowed that use so, yes, I mean - you know - we Can't ;ai-Ditrad y Soy~that jUSt b~cause we may not like it, y~u know: joe Betty: 'I've li~,ed on Hen .W's.Lane for twenty-seven yesrs and I m against Grace's P'lace. Do yo~u people real[zb What that corner is like? iDoes a,nYbody go over there betWeen 7:,30 and 8:~0 ih,.the mornin.,g, and 4;30 and 5:00 at night w th that gas station the Way it is? Do you know what it's hke - you have two signs on either s de of those entrances-~ ;"bo ~6t En{er" MOst'of these people go in heading west in the eastbound lan? ~'0 g¢~.intOth~at ~tat'o~, and vice versa on the other one. How there hasn't been any acc dents s b, eyohd me. It s a bad a Cea and you re going tO go widen that. You're going tO have acc'd~.~t~,there. YoU ) ng to have t~ t's go ng to you've got a side of it. These east in that )se calls, it's pathetic. I you guyS, yo~'re to make it'worse. Chairm~in;Orlewsld: Aga!n, you know, we aren't the Traffic Experts. We have a ffi~(; Expert. Joe Betty: Well, who's the Consultant? Chairman Orlowski: The County - it's the County's road. The County has no problem with it and it's their road Joe Betty: How can that be? Chairman Orlowski: They granted it. Again, you're actually talking to the wrong Board. Joe Betty: Unless they change that median where they widened it, maybe it will work out different, but it's not. When you've got people heading westbound in the eastbound lane to get into those driveways, you're going to have head-ohs. As sure as I'm standing here, it's going to happen. God, I wish you guys would wake up. Chairman Orlowski: Again, it's not us. The County granted it. Southold Town Planninq Board Pa.qe Six September 9, 2002 Joe Betty: It's always somebody putt ng the b ame on somebody else. This is the Town. Why can't'you Say no, we can't put it there - lik~ Mr. Skabry just explained. You've got So Other Outlets - you've got that back road and you've got the ro~d alongside the ~as station that they could use. Why the hell do you go put it where you've got a bad spot in the first place. It's beyond me. I don't Understand you people'S th nk!ng. Can't you tell the~ Count, ,-look, you're mai< ng ~ mistake. Are you going to,wa tunt somebo(~y gets later ito are s0rryto say I'm C~hairma'n)Orlows~ki: Any oth'b~t COmments? .John Bokina: 1 live on Henry's Lane across the street from the Amoco Gas Station. Everything. that was said.at ail these previous meetings, from all of our econtc res~dents~ dldn t matter. Th~s ~s a done deal. We all know ~t. We were against G.race's N~rsery. SctiboI frOth'the start don't know who was the b rd bra n that even thoUght Of som, eth~ng ]~ke th~s for these kids, migrant people, which our kids cannot go ~e!thi~ sc§~o,. ~e'W~ gding t0 pay- our taxes - gon'tog pya for th s'~ Who. s gong to PaY for tE~, care of th s' p ace?: You know, th s p ace has got to run just like this place - got to be ~owed, got to be swapt cleaned. I don't know what these people are th nking of; I'm suri~ {hot'ail of~ou P'ianhing Board Members have nothing to do with this but I'm sure all of ~,.u Would not like t0, pl. unk th's thing in back Of your yard. We elect public officials te i1~]I 3w, here we are, fight ng amongst you, the ZBA - C~)dhcilmen- all of them. I called them all up about this deal. Here we are. ~oilig tO be a memory. But no, now we want to move the driveway, g problem. You know this road as well as I do. Saturday and. come into that gas station - go on. their bicycles. Have you ever been in ...(i~ a dde over there atthe 7-11. At every corner, Mr. Chairman, this is not a smart situation - a smart idea for everybody. And I'm serious about that. This is going to bite somebody in the butt. Really. When this thing gets all said and done, this is going to be a big issue for this whole Town. Remember that. This is going to cause a lot of problems and people are going to get hurt. The bottom line is - we do not want this day care center at all .... (inaudible) the last day it's open space. That's what we want ~his for. Take the grant and put it towards our school taxes so our taxes go down Our taxes are definitely going to go up on this. There's no ifs, ands, and buts about thiS. South01dTown' Plannin.q Board PaRe Seven September 9, 2002 Mr. Chairman and Board Members, t would be apprec ated if you people wou d reject this GracO s Place Nursery' School and put the m~ney to good use fo'r bur taxpayers. 1'hank you. Unident fed. Speaker: I live on Henry's Lane. I'm concerned about this situation. I'm opposed to it frOm the beginning. Chairnlan Orlowski: Can we have your name for the record, please? Lori Kalinke: Members of the Board, I would like you to all be aware of how the use of this inte~se~Ction of this. ?cation of the proposed new driveway site, 600' next to the gas station, cib~er to Hehry s Lathe will be: 1) Due' to Safety MySelf and my six and a half year old"son did a isurvey of cars that have entered into this gas statiOn -to the "Do Not Entbr" - where it says, "Do Not Enter" in a forty mi.nute time zone. Six mOtorcycles and thirtly~five cars have ~ntered i~nto this illegal side saying "Do Not Enter". Does anyone Other than!hiysel~ addrmy so~t taken'the lime to do the coun;t on~ a busy day?. This is a danger f~ n - for cars coming oLlt.of the, gas station - for ry'S.Lanb. There are days ~Wh:en I ~yait fifteen minutes at the :an t get a,c,r~s~si I have to wai~ arid wa~t. ev~r~ ~orsel I~0w, did the Survey on a - when did :lay?. "and ~g, I'd just opposed from the ; is going Count how into a c/ho lives AlsO, I just want to let you knew again that I'm opposedi to this from the beginning because rri~,self canr~o~: use this typ9 of facility. It's only for immigrant:farm wOrkers and [heir familie~ andr l'ml not able to usethis facility. I have [o find child care elsewhere. Maybe it w~uld be if you plan on bui ding something like thi~, have it for everyone so fa~ilit~like that and then I wouldn't mind having my that the whole Town could use the tax dollar, s going to s.bmething like this. Iti~ just - I mean you're forc~g me out of th s Town. I don?t even wa,t to live here any more beCause, this is a disg race and that's all have to say. Thank you. Chairman Orlowski: Thank you. Any other comments? Gary Rempe Good evening, Board Members. Myself and everybody that's speaking here is going to have to deal with this danger zone every day. I know I've been to Southold Town Planning Board Pa.qe Eight September 9, 2002 different Town meetings in the last several months and I see at times that they'll eritertain to go look at bluffs or other sites. I'm just wondering - have any of you actually went down there, spent a half hSur of your time and looked at this danger zone? You're ~gbing to be votin~ ~n it. I mean you'll ~ant to have a crystal clear view. Not just something on paper. Have you? Have you taken, that time? Mr. Odowski; I've been there. I think the rest of the whole Board is familiar with the area 0f'~he~'p~E we have 10oked ~at it. Mr, Rempel~ What do you think? Chairman Orlowski: What do I think?. Mr. Rempeh Yes, just your opinion. Chairman O dowski: Traffic is a problem everywhere in this Town. I can't make those decisions .because I"m not a Traffic Expert. (simultaneous discussion) Mr. Rempel: If they had this Traffic Expert - I know if you go to different areas and I see - don't know the exact terminology they call it but it's a traffic counter. I live - you know, I've been there the last month. This decision was made since we met last month. I didn't see nothing (]own there. Wouldn't that at least make sense if they put that thing down there by that island, you would see how many people are making those turns. If you had that thing down there, you've seen all these people making these illegal turns, how COuld you turn around and justify something like that? Chairman Odowski: Illegal turns is a police issue. I mean, that's illegal. You keep saying that. That's a police issue. Unidentified Speaker: NObody gives them tickets. You never see any cops there. In fact. the ce ps do the same thing. They go through the sign. Chairman Orlowski: Well, they can't do that. (simultaneous discussion) One at a time. Gary Rempel: But you don't want to add to the situation and, by doing that, that's what you're doing. You're just flaming it - flaming the fire. When the decision was made, I'm just curious because I know Route 48 has become part of the Scenic Byways. Now, I know this proposed curb cut certainly isn't going to unlock the world of scenic beauty. If anything, you're going to make it look like up island. More congestion, more traffic and more accidents. So, l don't know how that decision was made. Now, the Aliano Subdivision was designed to have a driveway access m a much less conspicuous place, much further west where it was safe from the intersection, safe from the gas station and safe from Henry's Lane. So why is that conception being changed? Why are you taking this thing and putting it into an unsafe situation? · .Southold Town Planning Board Page Nine September 9, 2002 At Grace'S Place inception, they .applied for a Special Exception. The public was provided with a site plan to examine before the meeting, the Board of Appeals used these pla'ns to render their vote for the decision. The plans did not show a ddveway that would be: placed across frbm my home with street lamps on all hours and lights and hussars and cars shining in thy bedroom, Changing the Curb cut changes the entire p~ickage - chatigesthe safety issue. It changes the conception. Changes everything. This iS not who[the pu'bliC w~ ,Showr~ and this s not What [he Boa, r'd cJf Appeals voted On', SO, the curb cuftreallY sh~ul~t ~y tho same. The people Of the:com~u;n[tY feel that the ~B~'.F~ 6f Appe~tl~ ..(fl;aLibiS[e), Grac~ s Place to v~ola~ the T°wd Co, de th~t~says a 'Sbhooi~ ~'ho[ b~e built, ci~~'e to ~ i§~s Statioti .... (inaudible') ~a~th~' Pla.~ir~g ~'d ...!U nfrl~[lgE)[b) fu'~,her m0~en~ert~ 0fthe d?ive~'~ ~a[ p~ts b~sses'w~ y~ng, school ch~ildren '(~i~e[:;~', a.~.e:xti'e~ly d~hgpjrOus ¢~andifi~. I appreciate the:Board listbni~.g, tb our,comments Over the last several months, but, once ~gaJn, We; the~cbrd~unity wii]~ha,ve t~ deal With this issue ~-this dangerous issue every day. We W0UI~ hop'e~that the ~lb~n~ing Board W0uid take Our thoughts and comments into coti~id~a~i~n and will: take th~firiie to meet as a group at the site after this meet ng tonight ~hd'th~e ~leci~ioh will be held: open for a future date. Thank you. Paula Daniels: Good evening. Hello, Chairman and Board, I'm a little new to this community. I ~oved'hete from a place that I find is a little bit ike this, I moved here from H wa, and Hawa~ Was ~ke our area - beaatiful and gtowng very qu ck y We had a et of preblems',hke thrs w~th trafflcand new lots and so forth and we eft that area because Of what had 'happeh~d to the i~a'nds. I'm here tOnight to speak ~- I live off of Henry's on a very smalli roa~ ca!!ed :Sound View Avenu6 West and I did nat do the scientif c survey that my rlei~hbor did:but, on the way over here, I COunted the number of directions that go through :th? isJand. P~'esen~ly, there are ...(f~aqdible,) directions of traffic all heading through a ye;~sma l~iS'land that one carw fit through -tWo if you do it correctly. When you a~ld ;thisl d~'ivew~y, you'¢ei now. going! to have t~r{ differen,t ~litections of cars ail heading'a! ~,~i'ch ~)th~r ,at e~(abtly the same time. N~ow, I know yOU're supposed to use your turn sisals an'd I usuaJ!y d~o but, a i0t of tl~e I~eople cpming through, don't and so, you don'¥knOW rea'ily which way they're going. Yob've got ten directi0n~s and you're guessing anU: hoping Which way they're going. I de respect that you had an expert study this. I might ~0pder hC~w much ~me you,studied; th~S. It's been ment~oned,that there might be,a t¢~ffic light o, ln P~nic Large. I think that peopl~ W It, UnfOrtunately, use this little isladd a~s a c~u.t,-'thrbagh to ~e whatever thre~e fecon~ls thby thihk they're going to save on the light. Se, you can ad, d maybe ,tWelve dit'edtfon~ oftr~if~ic. I Understand your constraints of the Board and their rules and t,h_eir jurisd!btidn but, I wanted .to speal~ to this. My husband, also agrees. He s at work o'n Shelter fslahd tonight and cou~ldn't make it. I thank you for listening to me. Chairman Orlowski: Thank you. Anyone else? Val Pust: I live on Route 48, very close to the intersection that they're talking about and, over the years, 've seen so many accidents on Peconic Lane and Route 48. I've called the fire department and police myself many times. You're just making this thing worse than it is now. We've had - actually I'm getting tired of having the police helicopter land Southold Town Planning Board Page Ten September 9, 2002 in front of my house to pick up the injured people. They blow everything; they destroy everything With t.h,.at wind but, that's beside th'e point. Why are you doing this in a nice community? YOu re going to turn it into a zoo. Is there any ether way, as Skabry says, to i!go Out ~h~ bac ,k. wa~? There are other ways to get out of this thing and you people ~ave :!~to giv~ per~isbion sorflewhete. Why don't you just stop and anything they want in the iwa~, of vadadceS, jUSt don't give'them anything, Just don't let ~em - put ~p your obj~ecti?s to'~hese '~hiiigs. it's ridiculous; I'm f~d up. I'm almost ready to m~ve out of this ,~area myself: t~s-tum;!!Tg nto a.- a beautifu httle co~munlty~ Pecon[c - arid r~ow ~tucning (nto a I'~:~!ind'~stdal park You guys should do son~ethin~ to stop ali of this, .(inauaib e~b, ~ng,a~i ~this pf~p~rt~ and: the ~enic Z°nes are disappeari'ng - selling us dO~ the;.r'~er~ ~f~atCS ali f'Ve got to say. G~0rqe VioJa: I li~/e on He,nCy~s Eane. I remember at the last meeting that th ere was a request fro~'~br.gt~0~'~ she whetl~er the Zoning Board of Appeals would hear - and think that td'e'Bbard W~g;oing to ~sk the Town Attorney whether that was possible. I don t knowwhat happened ~th that. Chairman Odowski; Well, the question was - Victor L'Eplattenier: He said that it wasn't necessary to go back. George Viola: It wasn't necessary. O.K. I still stand opposed to this and, basically, that's all I have to say. Thank you. Margaret Skabry: I live on Henry's Lane. I don't have anything written down. You don't really want to hear what I'm thinking right now so I'm going to try to keep it a little nicer than what I'm feeling. Every time we come to Town Hall about anything, we have to hear about it's not that person's fault, it was the one before us. It takes a lot for us to come down here. We know we can be misquoted, if we come down very often about the same thing. We're coming down here because we live here; we care about here and we're not making a penny off of this. The more people that you can run out of this Town by allowing the things that you are doing, the more money for the real estate people- and we know who they are - make. We don't get much out of it. We lose our families; we lose our friends all the time to the garbage that goes on in this Town. We come here to you because the Zoning Board of Appeals held a meeting at 11:00 at night the first time without notifying everybody they were supposed to. That was not the way it was supposed to be done. Being that they did it that way, they should have, when it came to you and that was brought to your attention, they should have been made to start from Square One with everybody notified that should have been notified but, it wasn't done. You went back and asked them if they thought maybe it wasn't such a great idea to build a school next to a gas station and highway and railroad tracks. They said sure, it's a g teat idea and you're powerless. We're told you're powerless to do anything. Mr. Goehdnger - or whatever his name is - it's just my opinion, I don't need a lawsuit or anything. This is my opinion Mr. Goehnnger is like Adolph Hitler. He makes the rules and everybody suffers. There are people in this Town who have had legitimate things SOuthold Town Planning Board Page Eleven September 9, 2002 come up before the Zoning Board and been put 0fl for years, fthey are lucky, only 'once. This thing - I'm not quite Sure how long it took from the time Mr. Murphy p esented it untd now. [ m not clear on dates but I know this fast tracked. Your Consultant should, be ast~amed of h rose ffor saying that he Studied th,a_t curb cut and it's fine; '~hat the six year 0Id and his mommy can count cars and realize it s not fine. The OoDsu tant Shou!d apo 0gize to every c t zen of th s Town for takinav a .Davcheckz . I don't ,~tnow why we ha'Ye so ¢nan Boards 'f on one cai s the shots The ne' t uess ~ ,.~ ~ . ,.~,., Y_ . y, ~. , , , xt hng, g , it 9oe~ to the ~i~dJ."hg,~a~nt' ;nd they don't even hf31d me~fings jke this where we °Sa~ be ~ld'.Wb,~e;..re~it~;~Si--~' But We have {0 Shove it tO. you When Mr. Beth for want to do Wf who are not c an ha~e this di inau~di th~ from it- that ~ tape was, in m) ~ have to sleep with what you do, I feel bad, in a way, md you're good people and you [ doing er~ough, You're not doing anything. this Town to turn around to the Zoning Board and say do th~s. You can't stick kids in a school next to The supreme part goes And I'm very sorry; .~ considered agd- people little citizen bom in give, us the cheap ~. their p~Oflts. I can't fund )ther party dinners. I .be in if they're honest ~nt. Not. t~is privilege but you could the Fei'son who presented Lhat there was a time constraint .... (tape people who don't live age~nt to purchase ~ther towns to three, houses away not. the metal ;. You h~ar ittime should be tax money, All of the time e) an~th ng out of ~t (lnaud ble given to someone wi~o he d a public off[ce, ~t go get this ball Coiling. In the years that we've ~ved here, S<)uthold has ~)een really proud of itself. Southold was above so many other th, ings, litt!e things. Well, guess what? We were above the other places; we were above Greenp0rt and a I of the pr0b ems that they have with their drugs. I was tbld bythe Principal and the Superintendent,one time, Southold kids couldn't get head lice because they, were Southold students. Mattituck could get them; Greenport could get them. Our kids couldn't get them. That's the attitude that went Southold ToWn Plannin.q Board Pa.qe Twelve September 9, 2002 around in Southold but guess what?. The Riverhead kids got the head lice; the ~Greenport. kids g~t the head lice Greenport is moving up. Riverhead was into erant ~nough fo ~top ~race's Disgrace .... (inaudible tape) in their tOwn .... (inaudible tape) the ~Pportun ty to move in with an0th'er church and share the facilities and they wouldn't do i~ becau~ theY could only do it if they build a new bu ding. So, they come out here. don't kriow how som'ebody can get the ear of a Zoning Board (inaudible tape) playing field ... ever since to If bb going to be sub.'d. Well. guess what? You're going to you want to be suod by al~ ouLside interest o~.~lo, yOut, vant to 5e Sued. b,y,l.~ro people you go tO church with. ydu.r kids go to school with. you march iA p~'ade~ wiLh,? Who are you representing? Wi~'o is th.~L Zoning Board representing? Yg~ .Lh;ir~k of tho people you've driven.out~ol I. hi~:TOwn b~ net ~ettirtg ~;ont'rol ol [hat Zon~g.~e.. ard o[ Appeals; it's somebody;pullin, g'th.b rings up short. ¥0u'ro going,to 'roll 'r~e at the end of this, it's a done dbal. You ex~laii~ tO me ho~¥ r~y tax mOn6y again go,es tb buy ..(t~pe inaudible) lots v~ith those.ror~ds. Uut no~ il.'s agriculLutal so tl~Os.'e, roads s, hb~l:dn~t counL But Mr. Aliano · ,(.tape distu'rba:.hce~ put'a~otllor cur. b;,cut'in. Sp'nfi.ebo~/'.~ g~t tg h~'ve some.chutzpah arour~d here..M?. Mu'rl:ihy appears fo be thee orily o'n~ ~t~e.c~g~ - Mrs. Sl~abry chose to continub~si)eakih~i' wl~ile:l.l~ tape ~h~ge toor~ pl~'ce.) :..M.d,'~e are going u,p. fo~ sale if this goos thr'dug:h, r,;,llo[e .mbrley I:or'tl~e rbal estates. ~lp~e, djs.'g, race for aur Town. You dr~ve" our y~ung!peoplo, o?Jt ~/ith. your t~x~s, a ready., ahd...y,ou .Ibt,g~.i~a~]e, ,, , hap.plJn. I nover thought I v~o~Jld~thinl~ !.h~t Ri~/erhoad was better t~n So,,tt~ld, but they. ye get a Iii.lie more going. Th~y'~/o got ~oniO Chutzp~}h I'm really so?y for tlie poslti~ you,re ir~ but, you've got ne idea the position we're in. Do something~aDou,t it. Ti~nk yOU. Unidentified Speaker: moved out here about thirty years ago - Chairman Orlowski: I need to get your name again. Joe Betty: I moved out here about thirty-five years ago. It was potato farms, cauliflower. Little by little, it seems, the vineyards moved in. More and more, you see the high-priced houses go up. Now, you've got the high-powered realtors that are over here now. Now, I'm not the only one that feels this way. From everybody that I talked to: I get the same answers. Well, maybe it's different - no, it's not. I can see. What it is now is the vineyards with their money, the high-powered realtors who are pulling the strings and you've got individuals like that who are past Town Supervisors getting away with a lot of it. People are seeing this; they're not that dumb. Believe me. More and more, the money is moving out here. The money is pulling the strings and you know the same old saying - money talks but what walks and that's what's going on in this Town. God, I hope you guys wake up. Southold Town Planning Board Paqe Thirteen September 9, 2002 ,L0ri Kalinke: I just wanted to say again - I just was a little bit confused. I guess you have determined,, except for this curb cut, decided - this is the firstthat I'm hearing of it but, I would really like to know still: is this a nursery school or is this a day care center because, we as the citizens here, still: have not been explained to what exactly is going fo be located here - if it is goihg to be a d:ay care or if it is a nursery school because :ithey are as we ti pr'or meet'ngs, ~¢/o d'fferent 'ssues. So; I would still iii of the other an t we have. not still known should children. M~ybe thaL's.a g.reat idea. This l,ha!, we doh:t neet'J..hOrb bet:a'us~ you. have that has fi~ty-t~yo availaUle slots that l,hose children' center insl.oad? Why do they have to,have Peconic and ruin O~ir Eoautiful acreag'o'that w6're trying,l,O preserve:? [L's a disgrace; it really'.is arid I jp.$!, v~ant tb 'say agai~ tb'a~ I'h~ opIbose~l to it" and Fm mostly appalled bec~au.s~ I can't uso the ce'ntbr. You db.n't want.to ha.~e segre"g~rLion go. ir~,g on in this communiZ~v b~t yo[~'ro c~lling for il.. I ca'n't u.§e., l,ho center. It's only going t.o be tor l,hese people Lhat a~e~low'inco~me. W~II. guess wha~..?. I'm:.lew incorh~, toq, bull still, can't use Lho :cen.!.er. ha~/e tO Lra~O[ west to ha~e a job and Lhi~ is. where,.my children go - up west Wi~ me 5'ocause. I ca'n't,a([ord d,~y, car~) ou.t her~. Mayl~o.il: I ;,,/as Icw income like these;~o'~.ople. I wo.uld ~ha.ve.' day care, out h~i:,d. Bu.t th~; as~osse~s out hero have smarts. Rivb, rb.o,~d was sr'qa~t!enb~uj]b to den..y;'il,. ¥~'hy,. Can.'t, v~d,'? ~h,y ~ln't we I.e~k at other issueS. Therr~wete o~l~eris'su'es from l,He be~inni~a. I cann:obb~,lie~/e I. ha~ now vou're com~d'.g:~own t~ j.us'l.'d.ec,d.~hg tha~ ~1. s~,go~ng to .iao. a',n tssue~,[~ei:'aus~ of a curb cut What about~tl'~e cemmun~;t~,?'\A)!)'al.'about t~: @'el,l~p'/-~s tl~at we .b.?Oa:~jht to yon. Nohe of thai. .. , , ~" · . . .. . ,~ .. . ,~, , .~.;. ~.~ - ,, ,., .. ,. ., . , matterS....,. I d~d a ~et!t~:qn. ~¢~ bre. ught [bq p~[lt~on te. you. 'l[l~re,wer.,~) many people opposea l,o it a~d I'kn'ow: i'l: ;,,~e I~r0ugl~.' !. [q t,~,' pa~b c kRd~,~lge I',h~ sure t'h'ore wou d be mbr~ Lhar~ e~0u~jti, ¢ii.i~ns 'n th's'~,~-own ~ht3. ~.zould' be'.¢~!e's~),~ a' tlae way from Jame~p.,prt ou,t to Or~erl!..I.l~:it do nol, ~t~aqt ti~i:s, de.n'~or here. I 'it~ I. s'aJd, I hq jusL opposed to it and I wish you w~eu[d, ret~onsider. Th~]nk you. Chairman Orlowski: TO a~swer your questio9, it is a nursery schoo and the gas station isSUe W~'t~.e'n' off'~e l~le b~caus~ a g~s ~tation cannot build next to a school but it d0estl'~:~r0i-i~bit'a sb~0i~m; I~ui dng ri~{ t(~ a gas stat on. Gary RemPel: A nursery school is under three hours. A day care is over three. That's a New York State Law. So; this is go ng to be open for more than three hours so t s a day care center. You might e ect to label t - you know, it's ke labeling someth ng an app e but, 'f 't's an orange, ts an orange. So, there s an ssue there - it is a day care center, riot a nursery school. There is no Special Exception for a day care center. Out of curiosity, explain to me the mechanisms of how this works. Curb cut, Department of Highway. How does that work? Do they send you something? Chairman Orlowski: No. Southold Town Planninq Board Ra.qe Fourteen September 9, 2002 Gary Rempel: How does that go? Chairman Orlowski: They make a separate application to the County Department of Transportatiof~, then (hey review it and send their engineers out or whatever they do but they come bal;k and they get a map stamped with a curb cut on it. It's their role. To have access to any property, ,to have access to any commercial property, they have to get it from ~e Town, the County or the State. Gary Rempel: It's amazing how they Sent somebody out there and you can have all these peeple com'e u-p there that live there and tell you that it's a real issue and you ha~'e somebody that - almost, in my opinion - rubber-stamper a report and is telling you that' ('s ¢'.k. It's I!ke y0iJ're standing there and somebody's bering somebody ove~the head 'and ~lie'y~J'¢ telling you it% o.k. I~t's not- someb0dy's getting beat over the head afl-d, in tills ~:~tse, ii's us gettlr~g beat Over the head with, this tl~ing. Now, you sam you ~iaS. bne.bf your e×p~t~ - Son~eb0dy on your end - review it?. Chairman Odowski: iOur Consultant and his traffic person reviewed it. GaryRemPel; O.K. Just within the last month? Chairman Odowski: Well, it's in the file, yes. It was done after the - Gary Rempel: Can I ask, is it all right to ask - did you experience the same situation 'that all of us did when you see what's going on with the traffic or didn't you - I don't · knoW. Chairman Orlowski: He's not the expert (Mr. Rempel thought Senior Planner Victor L'Eplattenier was the Traffic Expert.) I'm not the expert. Gary Rempel: Oh, I thought he was the expert. Oh, o.k. Victor L'Eplattenier: If I just - could I just explain? Chairman Orlowski: Yes. Victor L'Eplattenier: We have consultants who look at environmental stuff, including traffic. We i nquired, after the last hearing, what the impact would be about moving the driveway to line up with the proposed nursery school and the answer was that there would be no new traffic impacts because of that move. In fact, there would probably be /ess because the subdivision had eight lots; now six of them are never going to be developed so the total potential traffic impact would be diminished and the fact that you move it to line up with the school did not create any new hazard. That was their report. Gary Rempel: thought I read in the papers that there was actually a higher impact due to Grace's Place than the subdivisions - higher traffic impact. Do you have a copy of it? Is it possible to read part of it? mean, we're here. Just to satisfy us, what the person : Southold Town Planning Board Page Fifteen September 9, 2002 said. You're telling us no, but this is like the man behind the curtain. We're just being told no and :coh~e in aniJ read it, Chairman Orlowski: It's in the file. I mean, it's been there. Gary Rempel: Yes, I just haven't had time to get down there. Like I say, we have other things in our lives and stuff. So, is it possible? Could you? Would you? No or- Chairman OrlowskJ: We're not making it up, I mean, it's in the file. Gary Rempel: I know. Victor L'Eplattenier: You're welcome to come take a look. Gary Rempel: Alright. You don't want me to read it now? Part of it? Chairman Odowski: What is it - Victor L'Eplattenier: I think it's actually in the file - a one page report from Nelson and Pope which talks about the impact and it basically says what I said. Chairman Orlowski: Can you find it? Victor L'Eplattenier: I'll show it to him Gary Rempel: Alright. Thank you. John Scabry: It just comes to my mind that, within thirty days of the last meeting, this Consultant has studied the intersection of Henry's Lane and the proximity of the new driveway coming in within one hundred feet of it and he's able to ascertain what's go~ng to happen over the next eleven months of the year?. He knows what happens in the snow. Did he make a visual inspection? We live in this Town. I don't know where the Consultant is from. I know that the owners of Grace's Place, Agri-Business Development, is a corporation in Schenectedy, New York. Their representative is here. Their attorney is from out of town. I'm not sure where in Nassau County. These people wil build what they want to build and then they're gone. I'm not sure where their consultant is from Does he have to travel on 48 every day to work? I csn't understand how within thirty days ...(tape disturbance) perhaps within thirty days. Maybe he knows this area real well and he can ascertain what's going to happen over the next eleven months or the next ten years, as long as I hope to live here. But, that's not what I got up for really .... (tape disturbance) he didn't have the contents of my letter so he gave it to the New York State Office of Children and Family Services ...(tape disturbance) is the Commissioner. This letter is from Suzanne ...(tape disturbance) who is the Director of the Bureau of Eady Childhood Services up in Albany. The reason I brought...(tape inaudible) if it's going to be a nursery school which was presented to the Zoning Board of Appeals and to you folks ...(tape inaudible) Eady Childhood Services licenses all day care and nursery schools in New York State. She told me that a nursery school is three SoUthold Town Planning Board Page Sixtee~ September 9, 2002 hours or less a day. You ¢night call yourself whatever you want to. If you have children n more than three hours a day, you are a day care center as per the licensing of New York State .... (tape inaudible) I didn't get an answer if this is going to be a nursery school or it's going to be a day care center .... (tape disturbance) build a hardware stere and then build a ...(tape disturbance) in this Town ...(tape disturbance) build a nursery schoo. I and...(ta?,e disturbance) build a day care center .... (inaudible tape) build a nursery school. Its goin~ to turn: out to be a day care center .... (tape dJsturbar~ce) recent cOrreS~ndeng-'e :of GovernOr Patakj .,.(lengthy period, of inaud~ible tape) t,o observe ~hat i~s,beingib.uilt ~roperly irt ~'e'p~'oper ar~a, Is it a nursery school or is it aday care oent:~r?. ~an I ~et an ~il~Ver fro~ somebody on [he Board? · Cl~airman Orlo,wski: Nursery school. JOhii Skabry: So, it's going to be three hours or less a day? Chairman Odowski: That I'm not familiar with. I don't know if anybody here is. The way our Code reads - Victor. L'Eplattenier: The Code deals with children six and under. That's the definition of nursery school, That's what they got the Special Exception for and that's what the use will be limited to. It's not the hours that define it in the Code; it's the age. John Skabry: It's not clear to me. Is it a nursery school or a day care center?. Chairman Orlowski: Nursery school. Victor L'Eplattenier: We're looking at this as a nursery school. John Skabry: The State Code says that a nursery school has to be three hours or less a day. VictOr L'Eptattenier: They have to meet the license requirements. I'm just saying what the Code says. John Skabry: ...(tape disturbance) sixty-five miles an hour... {inaudible tape) that this is going to be a nursery school. You and I know what a nursery school is and we know what a day care center and a social service center is .... (inaudible tape) day care center. Am I right or not, Victor? There is nothing in the Zoning Code that you can apply fo~' a day care center in this Town? Victor L'Eplattenier: Ben, do you want me to respond? Chairman Orlowski: Yes, please. Victor L'Eplattenier: The Code is silent on the definition of a day care center. It does have a clear definition of a nursery school Southo d Town Plannin.q Board Page Seventeen September 9, 2002 John Skabrv: ...(tape inaudible) turned into a comprehensive social services center for migrant farm worker'S (~hildren ..... (tape inaudible) whole project being approved ...(tape inaudible) nursery scho01? Chairman Odowski: This won't be operated at night. I believe that's put in the covenants. go' You can't pick up these children at 8:00 in hour the County that they're going to bdng just the Town. We could never support it. Seventy-six tape inaudible) leaving the pr?.perty at 5:00 in the 3e headlig.h,.ts gofng into, as Mr. Rempel ~doWs beCauSe ...(tape inaudible) farm ~) 9:00 in the ; children ... until, I ...(Lapo int'er[erence) for a Lof'i-Kalinke: I'm sorW. I'm Still a li'~tle bit confused. So, weYe still ~aYing that this is going to be eno ~stead of a ;day care center So ...(anintelligible) misled from the b~gm~ ~/as pmp~)sed for a day care center that wou d be operating, day from 6:0Q a.m. to 6:0;0 p.m. If this is g~ing to be a at, [was told from NeW York Stye, they dot]t need to a3/care center does and J W0:uld: ik~ to know where, 'ovides bussing for a nu~e~ school. I've ne'er heard of Such a,~,h providing for ~ nurSery ~ch(~bl bussing [or children get ena bus? i don'[ understand, how that's going to be If it's a I can understand why YOU ~ .~. But, if you're having a nut ~sed come screel going for all nurse ¢ s ;ir ';iri~rtg; they need is t~fs wh~t you're )[.- if ~h'Js is What it's a nursery scheol where to six or · gpilig to be wes misled, ga and front df'th)is. If Som'eene could just answer Southo d Town Plannin.q Board Pa.qe Eiqhteen September 9, 2002 Chairman Odowski: You ask a lot of professional questions that this Board does not address. Lori Kalinka: O.K. Well, no one seems to have my answers and that's why I'm getting very discouraged. Chairman Odowski: Right. Lori Kalihke: I"~e been to many numerous meetings. We don't get any answers. It gets passed fi'om this person, tO this person, to this person, before the Planning Board. Now, you're telling me that all these other things have approved except for a proposed site plan for a, Curb cut; that's the reason why we're here this evening. When did they decide that all tlte~e other~things had been d,e, cided upon because the public hasn't known about it, not to my knowledge. It hasn t been published in the paper, nor has it been ~se. Am I going to just wake up one morning ar~o see a brand new I don't understand. I don't want to wa~ke up one day and j~. I like to know because, 5eiieve me, I~i-n looking to get ~ going to be he're becau:Se, first of all- lille I said before ~-I would Iwant to stay in a ne[ghborho~)d that's going to plan for a citizen:and a taxpayer. I pay any money or Wha~ver but, ~ute to r/M job ul~ westbecause ~ local here so I c0mmg~e:'~My children go ,st want so~e a'n~W~rs and .fib ~)ne seems to I need thirst. I~'1 did:n~[ I~ay (ny !aztes, o k., you: h:a¥~b~t p~d' ~/durtaxes so have you ean~l James Matthews, Ese..: I'r~ from MattheWs ~ind Matthews, attorneys for Grace's Place. because they were properly brought u ~ )recess which deals with the use and what I can tell you is that ( defined under the Southold Town Code. loard; That's a use issue. We can ~liance with what the Town of ;s and gave all the notice. I respect ~ a democratic society and ules, law and' complied with every letter of"~h;e intend to be a good neighbor, a welcome give us the chance to you. Unidentified Speaker: I'm sorry, Benny. I didn't hear - Mr. Matthew's is from what town? James Matthews, Esq.: I am a life-long resident of the County of Suffolk. I do live in the Town of Huntington Southold Town Planninq Board Pa,qe Nineteen September 9, 2002 Unidentified speaker: I'm confused. I still haven't got a squared-away answer. We still 'don't know if it's a nursery school ora day care center. Chairman Orlowski: It's a nursery school. This hearing is for the changing of the covenants, amending the covenants. Maraaret SkabrV: I have a couple more questions. One time I said if it's duck, it's a duck, O:K.? If it's,a nursery school, ft's a nursery school. If it's a d~iy school, it's a day 'SChooL Who i~ going to s~nd there and make sure hoW many hours those kids are in ~he buil;di.ng? Which or~e of you ~edple are going to deal' with it?. Or the Zoning Board of ~Ppeals~'~ho ii VOlL~nt~e~ ri~j? Ctiafrmar~ Orlowski; It won't be us. Mar.qaret, SkabrY: I know. An'd guess who is going to end up doing it? I know that the fJ rst time that the nOtiCeS went out from the Zoning Board of Appeals, not all of the people were notified. I challenge you now to turn it back to the Zoning Board of Appeals and hav~ them go I~ack to square one, have them send out the not c~ of a meet ng about thi,~. A~ybody got the chutzpah? Mr. Ca.q.q,ano: Can I just make a comment? Mar.qaret Skabry: Please, Mr. Ca,q,qlano: I hope no one takes personal offense to this but, we've been listening to a lot of things thrown at us and I just want to make a comment that I don't think it's a matter of chutzpah or not chutzpah - it's a matter of law. We were appointed to this Board and sworn in. I will stand behind the Constitution of the State of New York and the Laws of the ToWn of Southold. That's what we have to do. Margaret Skabry: Right. Mr. Ca,q,qiano: We have books that Victor has copies of that are this thick. People have individual property rights to do what they want with their property within the confines of that book. Once a decision is made, that this is what you can do with your property according to a Board, that has nothing to do with this Board, has nothing to do with the Town Board. It's set up by the State - the Zoning Board of Appeals is a State Agency, a State set up agency; it's a State Law - Mar.qaret Skabry: Right. Mr. Ca.q.qiano: We have no control over them. Once they make a decision - and I will take Mr1 Matthew's word and I will take Gerry Goehdnger's word - that the property public notices were sent out, Otherwise, it wouldn't be here, Now, what you may think is proper pubiic notice and what is legally required may be two different things, I won't argue that point but I'm sure they met the letter of the law. The sign on the road - there's a s~gn on every piece of property - it's posted, This big. I have one down in front S0uthold Town Planning Board Page Twenty September 9, 2002 Of my house on some property that's being developed. The s gn is this big. That's what -:it is. So,.0.ur job is to take a look at what we have in front of us from point of view of site -plan. we have consultants We ask to look at it, from environmental, traffic, safety points of view. We have the Building Department who looks at it and certifies it that, yes, it meets the COde: We. have our own Site Plan Reviewer who look at it for set-backs, yes -we have landscaping, .yes - we have this, yes - we have that. We have the State DOT who says this is ~ Jrb cut. We have the Department Of Health who says, fop ,~ law ] I'm sure 1 about to follow r' appointed - 18 guys may ab~at this issue - Mamare~ Skabrv: Well, yes it's our wallets. Mr. Ca(~qiano: It's my wallet, too. I'm going to pay for it. Margaret Skabry: ...(tape interference) Murphy's tax .... (tape interference) Chairman Orlowski: Hold it. Hold it. Margaret Skabry: ...(tape interference) Now, I shouldn't say that. O.K. I'll apologize. I don't mean it but I will apologize because that wasn't a nice thing to say. Mr. Cagq~ano: Can I finish? Margaret Skabry: Sure. Mr. Cag.qiano: So, the bottom line is, we have to look at what they proposed to us as an applicant, compare it to what they're required to do in terms of what they proposed and make a decision. And, according to the people we rely upon to make those decisions - our professional staff and our consultants - they have said that they have met all of the requirements that are in that little book that we need to follow. So, I don't think we have a choice, legally, to say no. That's because we live in a society that's based on rules and codes and we follow the rules and the codes. Margaret Skabry: We use them. They are used. Mr. Cag,qiano: Of course. Mar.qaret Skabry: They're not followed. They are used and abused. Southold Town Planning Board PaRe Twenty-One September 9, 2002 Mr. Ca'qoiano: I'm not going to get into a debate about - Margaret/Skabry: From our perspective, my question is: when they sent out the first notification, they put the board up in theweeds and they sent the letters out to the people. The peOple that are supposed to be notified - it's like within certain distances or Something - on:e of them wasn't notified. Chairman Odowski: were you notified? Mar.qaret~$kabry: No. We wouldn't have to be. We're doWn Henry's Lane. These are people UpOn the high:Way th~at were hot notified. One person was not notified. That was a!the getgo, it n'eyet should have gone through and that meeting was h.e. ld at 11:00 at r~g§t. Obly o'ne 'pet~On sh0wed~ up and they were new in town and they didn't know wh,~[ wa~'~oi'~g Oi~',:Th~y got it ~)lind sided. So, if proper nOtification isn't given out at the b~gi~nitigi anf;l the~eiare laws that you have to follow and ru!es you have to follow, woald it' i5-e,~oo :rflu'~h to agE- we've waited this long - to wa~t anotEer month to have th'~ chock the files to see if there was.proper notification of all the neighbors the first ~i~? I mo~in, ifs only anotl)e¢ month .... (tape interference) put up a pr~:fab building in no'tithe. Chairman Orlowski: That was looked at and I did talk to the Zoning Board and, as far as they're concerned, there was proper notification and I did mention to John that that's What you halve to look into and go find out - my question to them and they gave me the ~nswer they did. MarRaret SKabry: We tried asking the Town Attorney. Of course, there was no feed- back, It is our opinion that there is a family that was not notified and, therefore, all of this is wrong. And, I don't really think that if all the people were notified and understood what was going on - you can imagine the Zoning Board of Appeals would be having the fun that you are having with the past couple of meetings with us up here. There would have been a lot more input for them and they might have actually listened a little bit, for a change, to the people - being that it is, according to the State, up to the Town to go with what the people wartt. I don't think it's too much to ask for another month. Look what happened in one month. YOu got the whole thing approved. Your driveway was approved we came ,h, ere, tonight to be told. The laws are there. Is it too much to ask for you to go b~cklanptt~er ¢nonth? I'm go ng to be here for another month. Anybody leaving bet~veen now and'then? What's the rush? Chairman Orlowski: How many months has this hearing been open? Margaret Skabry: I have no idea. I've only been out, what, three months or so? I didn't have an interest in it because that's all I ~new about it. A year ago I didn't know. Chairman Odowski: It's been four months. I think we've reviewed a lot of these things. We've discussecJ it. John personally called me and I've talked to you about it. It's an emotional issue. Like Mr. Caggiano says, it's a tough issue. Unfortunately, if you believe that the other Board did something wrong, then it's your option to challenge that. Southold Town Plannin.q Board Paqe Twenty-Two September 9, 2002 '~MarRaret~Skabry:...(inaudible tape) through, Benny, before we challenge and it's that much harder. Chairman Orlowski: It's not ours. Everybody gets the wrong idea. We're looking at a site plan. We can't look at the use. We can't challenge the use. It's not our job. It never has been. I've never done it in the twenty some years that I've been here. It would be a waste of my time and your time if we did something like that because once you lose, you lose forever. I mean, you just, you don't - it's, ne way to w n something It's the ~vrong BOard. We have to 10o1~ at the site. We're looking at the site plan. Our 'COns~ltants'liave spoken. (Unidentified manmade a comment from the audience.) Chairman Orlowski: If you're talking about something illegal, then that's an enforcement issue, The County - it's their road and they own it. They have said it's o.k. with them. They're th'e traffic people. It's like pulling into somebody's back yard - it's their back ya:r(J; ri~'s ~heir property and they"ye got the right to use it. Margaret Skabry: That's not what I was talking about. I wasn't talking about your driveway, I was talking about the first legal notices that went out to the people. There's question as to whether they were done properly. Mr. Caggiano: Did you address that with the Zoning Board? Margaret Skabty: How? Yes. He went down ant looked through the letters. Mr. Caggiano: And? I'm .ust curious. John Skabry: The fOllowing people got letters from the ZBA: J. P. Krupski, B. J. Realty, Damianos. Rempel and Aliano. The following people got letters from the Planning Board: J. P. KrUpski, B. J. Realty, Damianos, Rempel and Aliano as well as Wicks, R. & S. Feaker, K. & P. Homan and Tartan Oil. Neither party- neither organizations - Planning or ZBA - notified the LJ. Railroad who are property owners adjacent to that property which is a failure on the part of the Planning Board, in my opinion. So. we have four additional people that were notified by Planning Board in certified letters than were notified by the ZBA. But,, as I said nobody was -the L.I. Railroad never was asked if they thought it was a proper zone change or Planning Board approval for their property to speak tonight. They are not here tonight to speak because nobody ever did send them a letter. Chairman Orlowski: Hold on one second. (Mr. Skabry continued talking as the tape was changed.) Margaret Skabry: My question remains being that there is a question about the notification process that was done by the Zoning Board of Appeals at the get go. It shouldn't even be here at the point of curb cut. It should have 9een returned to the Zoning Board of Appeals where they have to deal with this in person and answer our Sodthold Town Plannin,q Board Pa.qe Twenty-Three September 9, 2002 Cluestions and I really don't thinkat this point - you know, we have waited four months ~oo but it.waS a year before tha~ when he was at that eleven o'clock meetin~ at the other Boai-d, ...(inaudible) Build hg Department. I don't think they have meetings like this where w'e could say to them;what are you crazy so I just want to know why can't you wait ar~dther month, if'you had wait,ed this long? Wh~.,t. would happen if I go down to HelieniC P, estaurarlt ..~(i~audible~, there s a sign that they ve been waiting for approval since 98 for bu!ldjng down t~ere~ what iS another month f0r sqmethmg that the people of.the-t'own don ~; wa~ht but othe[' p :.co...Pie fi'om outs~de the T0wt~ wan~ us to have for ~hem? Thirty stihkin'g days that is~all ~t is: Chairman Od0Wsk[; What w;oUld happen in that month? Mar.qa~re[ Skabry:i'lf w~ can fir~d ou~ that the notification was done incorrectly, then you would,have to rett~rn i~t te the Zoning I~oard of Appeals. They would have to list it in the paper. FrOm Square One, we,start all over. Chairman Orlowski: That's something that you would have to pursue. Mar.qaret Skabry: Why do I have to do it if you say that they can go put the shovels in the ground, Benny? It comes to you and it is not supposed to be here. So, you turn it 'back to them. Are you afraid of them? Chairma~ Odowski: NO, but four months ago when John called me, that is the first thing I looked into and I was told that they notified properly. Now, if you don't think they notified properly, it seems like you are on your way to an Article 78 and you can pursue. c~nnot challenge something that I have already been told is o.k. Mar.qaret Skabry: Who told you that it is o.k.? Chairman Odowski: The Zoning Board Mr. L'Eplattenier: They also sent a memo. Chairman Orlowski: And they sent a memo - ] mean, it came in a memo. Margaret Skabry: I didn't get it. My point is how can you go ahead and vote on something if there is a question about? If you have a question about the gas station and you send it back to them, and they say, oh yeah, that's fine to stick kids next to the gas station - no sweat- then, why can't you send it back for this? Thirty days - what is the problem? Chairman Orlowski: We did. Margaret Skabry: Send it back and ask them if this is correct. Chairman Orlowski: We did and it came back that the notification was proper. SOuthold Town Planning Board Pa.qe Twenty-Four September 9, 2002 :;:.Margaret. Skabry: So what do we have to do? What do we h ave to do now, Benny, to :get ~l~em not to ~o to the point of getting a shovel in the grOund? Chairman Odowsk[: You always have the option of filing an Article 78. Ma(qaret Skabry: So, what is that?. Cl~aii-m~in Orlo~vski: You need an attorney. i!M~r.~a~ SkabrY: So, We have to spend m'ore money because some people get an 'nside ii~e to the people '~hat want this? -~Chairm~.n Odowski: What you're asking this Board is to make a decision that it can't. Margaret Skabry: No, I am not. I am asking you to look and say o.k., this was done inOor~'edtly. It should never have been brought to us. ~Chairman Orlowski: It was done cOrrectly, as far as we know. Margaret Skabry: As far as they are telling you. Chairman Orlowski: Yes. Margaret Skabry: No. You are going ahead and you are going to do it tonight, Benny, and you are wrong doing that if we know that they did not notify the same people both times. Then what - did you do it wrong? Did this Board do it wrong? Did they notify too many people? Is that the problem? Somebody was wrong and, if you are not wrong, then they were wrong and it shouldn't go forward tonight. It should go back to them again. Mr. Cagg~ano: If I am not mistaken, in the notification there is a minimum amount of people you must require. You can notify the whole town if you wanted to, but there is a minimum you must require, but you can notify as many people as you want. Mar.qaret Skabry: The one they did not notify is directly across from the lots. rVIr. Cagg~ano: I don't know about that. Margaret Skabry: I am telling you. Mr. Caggiano: We have a situation here where the Zoning E3oard has given us an official resolution saying that they approved a certain use and that's the official resolution that we have. We have someone coming up and saying they did it wrong. Well, so we have this. Technically, we have to abide by official resolution of the Zoning Board of Appeals. If you think that is improper, then you have the option of going and appealing to the Zoning Board and saying we think you did it wrong, And that goes back to what Benny said - yo,~ have an Article 78; you are in Court and it goes on forever. SbutholcJ Tdwn F~lannin.q Board Page Twenty-Five September 9, 2002 :Mar.qaret Skabry: Isn't it kind of like the Zoning Board is a closed book? Can people approach it? Mr. Ca.qgiano: I try not to get involved in the Zoning Board. 'Mar.qaret Skabry: And there's a reason for that. !'Mr~ Ca~iano: They ace a separate, individual, independent body created by the State that we have r~Othing to do with except we have - there are many times when ~hey do ~[hings-~that this'whole Board 5-0 would have said absolutely n'o way, Margaret Skabry: Well, power corrupts. It does, especially when you have exclusive power. Mr. Caaaiano: I don't want to get into stuff like that. This is not the place for that. Margaret Skabry: I know that you have held this over other times when you have had questions .... (inaudible) you, being that we are raising these questions, if you hold it over until we look into it - until we get a lawyer or until we can ask the Town Attorney and we can have him show us Where it says who has to be notified. Mr. Caggiano: Well, I don't want to be facetious, or make your argument seem not to be as important as it really is, but it has been four months and when Benny spoke with John, you could have done that four months ago. Margaret Skabry: So, what? ...(inaudible) thirty years big deal .. :(inaudible) Mr, Caggia'no: I am not trying to argue with you. All I am trying to say is government is difficult, as you know. processes get involved and convoluted and we have to do what the book says or else we are not upholding our obligations to the office we swore that we will Uphold. Margaret Skabry: E:)oes it go back to what I said before - somebody is going to get sued and you don't want to be the ones? Mr. Edwards: We have been sued many times. Margaret Skabry: know. I know but it hurts after a while. It is kind of like giving yourself shots for diabetes and stuff. It hurts like - Mr. Caq.qiano: No, it's just another one on the list. That does not phase any of us anymore. I am just speaking for myself. It is just another one on the list. Margaret Skabry: Just because, basically, you don't give a damn anymore. Mr. Ca.qgiano: That's not a fair statement. SouthoId Town Planninq ~B0ard Pa.qe Twenty-Six September 9, 2002 ,.Chairman Orlowski: That's not so. Mar,qaret S~kabry: Yeah, I think it is. At this point, that is the way I feel but, you know, ... (inaudi'blel it's been nice talking to you. I'm sure you're a n ice bunch of people and 'stUff but, you know, I Sure hope I never get on a Board and have people coming to me feeling de§perately that you could have given another month and I just have to tell you, uh. :Chairman Qdowski: I don't think you would want to be in our position at all. .Margaret Skabry: No, I would want nothing to do with politics - nothing. It is not a good place to be. .c~hairman OdOwski: It is not politics; it is a code. It is your code; it's your rules. It is your 'laws. You can come and change them. You can talk to the Town Board and do it. We have to go by the book. Margaret Skabry: I can't change them in this town. Real estate can change them in this town. Chairman Odowski: You can change them. You have to go there and, yes, you have to put in time to do it but everybody can. That's why we vote and that is why we are here. I don't agree with a lot Of things and maybe I don't agree with a lot of things going on here tonight and it is a sensitive issue and maybe I feel just like you do, but I just - when we are just looking at the site plan, we can't sit here and make things up to knock things over and throw things out because, if we could do that, everybody would be scared to come here or we would be locked up somewhere. Margaret Skabry: I can't believe it has reached a point where you are go~ng to go ahead with it tonight. .Chairman Orlowski: It has been four months. It's not a point; it's been four months, it's been four monthS and I have had discussions with your husband - Mrs. Skabry: If it was one hundred years, I would still be disappointed [n you. Chairman Orlowski: - and we have talked about it and you have had as much time to work on this as the applicant has almost Mar,qaret Skabry: I'm not a lawyer. I don't have the money to hire the lawyers. ... (inaudible) counted on and 1 am not getting paid to do this either. This is not my career; it is just my life. Well, thanks for your time. Don't want you to lose too much sleep tonight but I really don't appreciate what you are going to do. Thanks. John Skabry: Benny, the attorney, Mr. Matthews from Huntington, said that he wanted to work with the community. Nobody has looked at this right-of-way issue. I ... (inaudible) at the get go. It is about the right-of-way issue. It is a hundred and fifty SbU'~hold ToWn Planninq Board Paqe Twenty-Seven September 9, 2002 That is all they need - that right-of-way along the railroad and they are on to a 'public right-of-way. Chairman OrloWski: John, you are going to be sending the traffic somewhere. I mean, ithe traffic - What you are talking about - you have to send it somewhere. We do not condone right-of-Ways and right-of-ways are tough to get public access to different right- of~ways. One point four million dollars that they got for selling the Development the prop"ed:y - Peconic Land Trust - they got one point four million need a huhdred and fifty.feet of right-of-way along the railroad. If we is. senseless to have a Planning! Board because that is part to be, how th(~ ~ te S go ng to 'be designed, ~e can, funnel the traffic to Pe'conic Lane, which is t~affic light according to the County because of'all the. deaths the Children Will be safer. The' children ...(inaudible) traffic light. Chairman Oflowski: O.K. Any other new comments? Headng none, I will entertain a motion to OleSe the headng. Mr. Ca,q,q~ano: So moved. Mr. Crenlers~ Second. .Chairman O'rlOwski: 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 Orl0wski: Opposed? The motion carries. (The hearing was closed at 7:30 p.m.) Marqaret Skabry: What was the motion? Chairman Orlowski: To close the hearing. I will make a motion: WHEREAS, Agri-Business Child Development, a division of New York State Federation of Growers & Processors Association, Inc. (referred to as ABCD) are the owners of the property known and designated as "Grace's Place", located on County Route 48, 1307' west of Paul's Lane in Peconic; and WHEREAS, ABCD is the owner of the premises more fully described in the annexed Schedule "A" (hereinafter sometimes referred to as the "subject premises"), and has submitted an application to the Planning Board for the Town of Southold for site plan approval for a nursery school on the subject premises situated in the Town of Southold, Southold Town Planninq Board F'aqe Twenty-Eight September 9, 2002 ~ t ::.-..~;Coun y of Suffolk, state of New York, which property is further described on the Suffolk 'County TaX Map as District 1000-74-4-4.7 & 4.8; and i i..,~WHEREAS the subject premises are two lots of an eight lot subdivision previously ~pproved by the P!,~nning Board of the Town of Southold (hereinafter referred to as "the 'cAll,nb SubdiviSion ), all of which lots are subject to a Declaration of Covenants and Restrk;ti0ns dated March 31, 1993, and recorded in the Suffolk County Clerk's Office ~)n June 4, 1993 a~ liber 1,1.63t, page 638 (hereinafter referred to as the "Covenants and Re~tridti~df~s"i; WhiCh Cbv~bar~ts an~l J~estdbtion& provide that there shall, be one ;born~0n. curb ?t On Co~ty Road' 48 as, shown 0n. the approved map for all eight lots ~ith on~ cdrn~riion dJiveWay'fot al eight lots [Worry feet in width as shown on the :appr?,ov .eL:l. rh~p'to be rttai!rita~ned in equal propbrt rns. by all [0t owrLers a~d f~rther that said' ¢o~¢e.n.~tnts a~d,~rJct~n~ can .b.e.. m0dlfl~ qn!y at t.~e request, of the.then owner ~vith?t~e ~p~'e~l ~6f ~a ;~j~orit;y ~l~s ohe bf the ~[~tlhin9 B~afd Of'the Town o'f Southold after,, ,a public h~¥mg 'eCl ,ffotice tO adjo~mng properly owners, whos~ co~sent to such ~d.,fi~f.[0~ ¢~,lJ h'~-~' ~,¢d; and r WHERBAS, the AI~O'D is the owner of Lots 7 and 8 of the Aliano Subdivision, and on AU~IuSt 22, 200:~ ~h,'e Town Of Southold purchased the Development Rights to Lots 1 ~h~gh 6 of tl~e, A jane Subdi~is ,on, knoWn as Suffolk County Tax Map Nos. 1000-74-4- 4.1! t~ro~gh 4.8 a-ndl m0re'fully d:escribed in the annexed Schredu e "B"; and WHEREAS, the subject premises, Lots 7 and 8 of the Aliano Subdivision, have been merged 'into one lot; and WHEREAS, due to the Sale of the Development Rights to the Town of Southold, Lots 1 through 6 of the Aliano Subdivision have also merged under separate ownership from Lots 7 & 8; and WHEREAS, in recognition of the aforesaid Sale of Development Rights to the Town of Southold, the existing curb cu~ in the Aliano Subdivision shall be reserved solely for the use of Lots 1 through 6, now merged into one lot, and that there now will be a separate curb cut solely for use of merged Lots 7 & 8; and WHEREAS, ABCD as owner of merged Lots 7 & 8 requests that the Covenants and Restrictions be so modified, conditioned upon the issuance of a curb cut permit from the Suffolk County Department of Public Works and all other required permits and further conditioned on ABCD receiving final site plan approval; and WHEREAS. ABCD for the'purpose of carrying out the intentions above expressed does hereby make known, admit, publish, covenant and agree that said subject premises described herein in the annexed Schedules "A" and "B" shall hereinafter and forever be subject to the following Covenants and Restrictions, which shall run with the land and shall be binding upon all pumhasers and holders of said premises, their heirs, executors, legal representatives, distdbutees, successors and assigns, as more fully set forth below and which constitute modifications to the Covenants and Restrictions, dated SoUthold Town Plannin.q Board Page Twenty-Nine September 9, 2002 ;.March 31, 1993, and filed in the Suffolk County Clerk's Office on June 4, 1993 at liber 11631, page 638: 1) There shall be one curb cut on Route 48 for the exclusive use Of previous Lots 1 through 6 of the Aliano Subdivision, which have been merged into a single 12.25 acre agricultural parcel. There shall be a second curb cut on Route 48 for the exclusive use Of previous Lots 7 and 8 of the Aliano Subdivision, w,hicl! lots we're merged as requifed by the Iblantiiiig Boai-d aS part Of the site plan approval for a I~r0pOs~e~. n~ur{e~-~, School, a use previously approved by ~?ei,a}, Pi~rthil~bt~the Zoning Board of App~al~ of ;~he Town of S~Old~r; Ai~l~[i~at~ior~ No. 4969. 2) O'~her,th~aa as set forth in paragraph "1" herein, the common driveway sh(~w~ on the approved Aliano Subdivision app!i~;able to all lots shall be abandoned; there shall be a con~on d'dveWay required only for Lots 7 & 8 in a separate curb cut. 3) These Covenants and Restrictions can be modified only at the request of the then owner of the premises with the approval of ~he majority plus one of the Southold Town Planning BOard after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing, but their cohsent to such modifications shall not be required; and WHEREAS, as a cOnditio~ of final approval of the Grace's Place Site Plan, these amended De(~laration of Covenants and RestrictionS must be recorded with the COunty Clerk's Office and the liber and page number of the recorded document must be noted on the final subdivision plan; be it therefore RESOLVED, that the Southold TOwn Planning Board approve the amended Declaration of Covenants and Restrictions and authorize the Chairman to endorse these modifications. 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. Edwar(ds, Mr. Sidor. .Chairman Orlowski: Opposed? The motion carries. Southold Town Planninq Board Pa.qe Thirty September 9, 2002 :,,;Chairman Orlowski: 6:'10 p.m. - Floyd F. Kin.q~ Jr. Revocable Trust - Th~s proposed lot tract 2,699 Sq. ft. from an 8,745 sq. ft. parcel, SCTM#1000-24-2- :26.3, and add it to a 7,750 sq. ff. parcel, SCTM#1000-24-2-26.2. The property is located at 225 Private Road #14 in Orient. Marqaret Skabry: I just want to say thank you for your time. ~!Chairma~ Orldwski; You're welcome. I just want to note that the applicant sent a letter- i -'~ ~ot the app ~cant sot~ebody ~hat lives down them - sent a letter - William S. Kostasoni ?!(~P;?)'and i~am~ela ~/ale~tihe It Will be p aced in the record so we'l put that. in the file. ,Now, w ]. ask f there are any new comments on this ot ne change. Unidentified Speaker: I just want to say that I'm so proud of my neighbors. God bless them and God bless AmeriCa. Thank you. Chairman Orlowski: Thank you F~ichard L, ark,.Esq., Main Road, Cutcho.que, for the applicant: This has been before the .Board. before with the prior attorney who you then requested due to the size of the prOpOsed two lots'involved in the property - in the Floyd King Trust - to get a variance due to the area. And, of course there are, as you know, two existing buildings on there. .The application waS'made and the Board of Appeals did- and know you have a copy of it -did grant it back in May - did grant a variance approving the lot line change. Just .by way Of background, the applicant who is the Trustee, is just carrying out the 'prbvisions of the TrUst where the Grantor, Mr. King - Floyd King -wanted these two lots separated for two members of his family, each with 85 feet of waterl:ront and that's what the Surveyor, Mr. Lewindowski, did with the lot line changes there. So, I'm here .prirharily to answer any questions since the ZBA did grant the area thing which you needed done before you could look at it. Chairman OrlOwski: Any other comments? Hearing none, any questions from the Board? Hearing none, I'll 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. Mr. Cremers: Mr. Chairman, I'll offer the following: Southo]d Town Plannin.q Board Pa.qe Thirty-One September 9, 2002 (WHEREAS, the applican,t proposes to amegd the lot line between two improved lots Tax Map Numbers1'000-24-2-26.2 and 1000.24-2-26.3) where Lot 1 equals '10~449 square fee[ and Lot 2 equals 6,046 square feet, as depicted on the surcey dated June 7, 2001; ancl WHEREAS, The Town of Southold Zoning Board of Appeals granted an area variance fo~ the non-conforming 10ts (ApPL No. 5054) without conditions on May 2, 2002; and WHEREAS, the Planning Board acknowledges that the area variance does not a~thorize Or~ condOne any current or future use, setback or other feature of the subject property; and WHEREAS, the lots are improved and therefore Suffolk COunty Department of Health a'r~d~'O~ Suffolk County Water Authority approval or permits are not required; and WHEREAS, the requirements of the Subdivision Regulations of the Town of Southold have be~rl met; be it therefore RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, do an uncoordinated review of this unlisted action. The Planning Board establishes itself as lead agency, and as lead agency, makes a determination of non-significance and grants a Negative Declaration. Mr. Edwards: Second the motion. Chairman Orl0wski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Odowski, rVIr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. Chairman Orlowski: Opposed? The motion carnes. Mr. Cremers: FURTHER RESOLVED, that the Southold Town Planning Board grant final approval on the maps, dated June 7, 2001, and authorize the Chairman to endorse the maps. 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. SotJthold Town Plannin~ Board Page Thirty-Two September 9, 2002 Hearings Held Over From Previous Meetings: Chairman Odowski: 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 Sigsbe'e Road ih Mattituck. SCTM#1000-122-7-9. This ~_as. a piece of property where the hearing was opened but they could not close it ahd its ¢i~oI~ tied u p in the temporary mo'ratorium that is now going on. I would like to entertain, a motion that we keep this in abeyance. Mr. Cremers: WHEREAS. the above application is a major subdivision without an executed Conservation component; be it therefore RESOLVED that Local Law Number 3 was adopted at the regular meeting of the Southold Town Board on August 13, 2002 entitled "Local Law in relation to a Temporary Moratorium on Processing, RevieW of, and making decisions on applications for Major Subdivisions, Minor Subdivisions and Special Use Permits containing Dwelling Units in the Town of Southold" and, therefore, no comment can be accepted or action can be made on this application. Mr. Ca.q.qiano: Second the motion. Chairman Orlo~vski: Motion made and seconded. Any questions on the motion? All those in favor?. Ayes: Mr. Odowski, Mr. Cagg~ano, Mr. Cremers, Mr. Edwards, Mr. Sider. Chairman Odewski: Opposed? The motion carnes. Chairman Odowski: Island Health Proiect, 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. ff. 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. Again, the applicant is requesting to keep this hearing open. So, ['11 entertain that motion. Mr. Cremers: So move. Mr. Ca.q.qiano: Second. SOuthOId :Town Planninq Board Paqe Thirty-Three September 9, 2002 i~Chairman!Orlowski: Motion made and seconded. Any questions on the motion? All Ayes: Mr. Or[owski Mr. Caggiano, Mr. Cremers, Mr. Sidor. Mr. Edwards: Mr. Chairman, I'd like the record to state that I abstain for reasons previously stated. .Chairman .Orlowski: Let it be so noted in the record that Mr. Edwards abstained for :rea~;onS previously stated, Opposed? The nlotion 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 I'll ask if there are any new comments on this site plan. Gary Rem'pel: A little while ago I had asked if you had that survey. Chairman Orlowski: The letter, yes. Vic, do you want to show Mr. Rempel the letter? We have to leave it in the file. Gary Rempel: Can I ask you a question? I don't know if it's - Chairman Orlowski: Is it a new one? Gary Rempel: It is anew one. I've got to keep you awake and give you a new one. I don't know if this is under your jurisdiction. I am just reading in the local paper today and it was an issue in Greenport about variance approval and one of the things they were saying, of course, was any building plan that falls within five hundred feet of a recreation area or state highway or bay has to be approved by the Suffolk County Planning Board. Was that done to Grace's Place? Chairman Orlowski: Yes. Gary Rempel: Was that a separate paper that was in there? Chairman Odowski: That's separate. That is the Suffolk County Planning Commission. Gary Rempel: Is it in the file? I did not see it when I had looked. Chairman Orlowski: Yes, it is in the file. Southold ToWn Plannin.q Board Pa.qe Thirty-Four September 9, 2002 ;Gary Rernpeh It was in there. O.K. Thank you Chairman Odow~ki: Any other comments? Unidentified Speaker: All I've got to say is if you guys approve this, you just approved anOther death trap On that highway with that curb cut. It is so simple to go ~n the back. pbople are gOing to get killed. It is a shame. It really is. What people will do for money. I · )~now beca~'~e I see it eve~ry dar~n day. ~Margaret Skabry'. Fli. I am Margaret Skabry, again I do have a quest on. heard at the end of what.you were reading Jn that already prepared th~ng that the lawyers for Grace s ~lace had:~rid it Said, if they look for access or e~it from it, they w0uid have to notify twehty peeple? Chairman Odowski: Adjoining people. M~ii~garet Skabry: Yes. Where are you going to find twenty adjoining people? That's a stretch. Cllairman OdOwski: I don't believe I said twenty. I meant - Margaret Skabry: It was the number twenty, yes. i'm pretty sure - twenty. Chairman Orlowski: Adjoining property owners. That's all I said. Margaret Skabry: Was there twenty - do you have Pindar, gas station, railroad? Chairman Odowski: I did not say twenty. Margaret Skabry: Yes, there was a twenty said there. Absolutely. Chairman Orlowski: I'm sorry but it is not even written. Marqaret Skabry; You said it. t came out of your mouth. I was sitting right there in the front. Twenty people notified. If they decided to seek for a different exit. .Chairman Odowski: Well, if I did, it will come out in the minutes and it will have to be changed but I don't believe I said that. Richard Caq.qiano: I think, the point is, if he did say twenty, he meant to say adjoining. Because in this entire resolution, there is no number twenty. Marqaret Skabry: mean, how come, you know, we get like six one time, twelve another time, and then they make it twenty and there are not twenty. I thought you said there were rules about how many had to be notified Southold Town Planninq Board Paqe Thirty-Five SePtember 9, 2002 ,Chairman Orlowski: The rule is, since I have been here, is just the adjoining properties. .We extend OurselVes and send it across the street and maybe directly across the street ~)ut I believe the Code just says adjoining. Margaret SkabrY: Does the Zoning Board have different rules? Chairman Orlowski: Same rules. And that's probably why we sent out more than they 'did so - Margaret Skabry: Because they seem - Chaii'man Ordowski: And another thing - we do not send them, the applicant does. Margaret Skabry: O.K. Just interesting the way it was changed. Thank you. John Skabry: You said that you have waited four months for the final approval but the date of this letter is Only August 29~n from the Engineer and that's not four months. That's less than thirty days the way I figure it. This engineer sent you this letter - Chairman Odowski: No, John. That was the start of the hearing process. John Skabn¢: I am only talking about the resolution that you passed giving them the new curb cut closer to Henry's Lane. You had mentioned, under that discussion, that it was four months that they have been waiting but they have been waiting only one month - or less than one month - for the curb cut for the driveway closer to Henry's Lane, not four months. And this is one paragraph which says nothing about Henry's Lane or the gas Station. As Gary said, nobody has been out there to look at it, to count the cars or to see how many accidents occur'there and what is going to happen in the future. I can't believe that this Nelson, Pope - this planning and consulting company - can sign their name to something like that - this Shanna Lacey. Chairman Odowski: You have to remember, John, they reviewed everything. John Skabry: They reviewed a piece of paper - that is all they looked at was a piece of paper. They probably have not even been into town. Chairman Odowski: They reviewed everything, as they have in the past for us, and it is a lot of information that they had in front of them from before because they have been doing work for use for years. John Skabry: Could you make a survey of this of East Meadow - if you were an engineer? They just get a piece of paper out of the file. They look at a ma p - a Hagstrom or whatever they want to look at - and they say we're going to move the driveway six hundred feet. That map does not show the gas station; it doesn't show the number of accidents. How could they possibly, within thirty days, say that they have these engineers - this company from - where are they from, Victor?.- from Melville, NY - understand what happens at that corner and what this site plan is all about? Southold Town Planhing Board Page Thirty-Six September 9, 2002 :VictOr L'Eplattenien Could we keep that file up at this desk? John Skabry: Sorry, Victor. Chairman Odowski: O.K. Any other comments? Lori K_alinke: I am just going to comment on the letter myself because I just did a survey O~Jt there for thirty-five minutes of time and there were almost forty ;ars that went in the wrong way and I am a my child, I am standing there wondering when this person actually Physically came out survey and did he actually stCdd there and count the amount of cars at a piece of paper and say, O.k., that looks gbod? lets s . rmeari, I live there. I see wh. at goes on.. 1 can t pull out of my ~Street e~e~?da¥,,a?, based on ~ survey I just did myself - I mean, mayl~e you, don't think the fiu~mDe~S r~ter, but I do. I' have children growing up i~n this area who sOmeday I W°u ~ l~e tb ra ~eoat here: ~ a'rfd h~veto try t° biross ~J~is., r6ad and ,..th S is wh;at~.yoa know, theyiwa~ to prOPOse. If,'th~m~' put a light thOr, e, that is ~0mething 'els~ 5ut'l haVe net ~e,~i'd ~a~hirig.:~U~a,t,tl~a~,y~t.. Bdt; ~gh~ n~)~v, it i~ e d~nger so J am'j~st~Wo~i~eJ'ing when tffi~ Cei~s~h might' t~a~e dohe that. Chairman Odowski: A~y Other comments? Hearing none - Gary Re~pel: I read the letter but it doesn't explain anything how it was done. how they arnved at the numbers. I mean, it is a shame, when you see a letter like this, it really doesti't explain how anything was done and it's going dictate to us - the local community - who spehtl~e tirhe to goout there and live it every day and know that th s is wrong could'ta~,e you ou~ th'ere right new, after this meeting, and we stand out there and you would know that itjs.wi~0ng - the traffic. I am not lying; am not manufacturing this. It's real. So, I don't kdbw how something like that can dictal~e what is going to happen John Skabw: I would like to refleCt back - I know you were on the Planning Board in the 80's when they wanted to build an airport in this Town, when there were proponents of an a~rport and they got engineering studies. They spent fifty thousand dollars on engineering studies to come before this Plannin~ Board, and the Town Board and explained how poor thi!s Town was going to be without an a~rport. They predicted dire economic disaster for this Town if we could, not become, part of the nationa~ air transportation system. Directly opposite has happened and the communities with the airports are suffering now economically. It is the same exact thing - if I want to hire an engineering firm to find out the best pi-ace.to build a nuclear bomb factory, and 1 paid him well, hewill say PeconiC. You and I know what the intersection is like. We have to vote our conscience tonight. We know what this intersection is like. These people are not politicians. They are 0nly looking out f0¢ their own welfare and their aeighbors. I ask you to vote your conscience tonight. Chairman Odowski: O.K. Any other comments? Hearing none, will entertain a motion to close the headng. SoUthold Town Planhinq Board Pa,qe Thirty-Seven September 9, 2002 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. Chaiti~an OrlOwski: OppoSed? The motion carries. Uni~10n!irio. d...S. Doakc'r~ I hope you people sleep good tonight. Somebody's going to get killed on that highway. You, too, Murphy. Chairman Orlowski: What is the. pleasure of the Board? rVIr. Caqq~ano: Mr. Chairman, I'll offer the following: WHEREAS, this proposed site plan, to be known as Grace's Place, is to construct a 7,000 sq. ft. nursery school on a 4.6 acre parcel on County Route 48 in Peconic; and WHEREAS, Agri-Business Child Development, a division of New York State Federation of Growers and Processors Association, Inc. (referred to as ABCD), are the owners of the property known and designated as "Graces Place", SCTM#1000-74-4-4.7 and 4.8; and WHEREAS, a formal application for approval of this site was submitted on June 29, 2001; 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 April 18, 2002; and WHEREAS, the Zoning Board of Appeals granted a Special Exception for a nursery school for up to 76 students in an A-C zone on July 12, 2001, Application No. 4969; and WHEREAS, the site plan, dated 5/9/01 and last revised 8/25/02, was certified by the Building Inspector on September 6, 2002; and WHEREAS, the Town Engineer has reviewed the drainage calculations and the Planning Board has accepted his recommendation for approval; and WHEREAS, on December 18, 2001, the Architectural Review Committee reviewed and approved the proposed site plan application; and Southold Town Planninq Board Page Thirty-Eight September 9, 2002 :iWHEREAS., the Southold Town Planning Board, pursuant to Chapter 58~ Notice of :~i~Ublic Hearing has received affidavits that the application has complied with the ~;tiotification provisions; and WHEREAS, the applicant has requested an amendment to the Declaration of ~ovenants and Restrictions, datedMarch 3, 1993, as a consequence of the Sale of th e Development R, ighis On [Jots 1 - 6 of the Aliano subdivision in Peconic, which is ~¢!jac6~Cit tb,~h~i~-p~plicants~pa~el andrthis change in 0wnership~caused the common ~dt;iVeway af~0 C~tD"c:dt per~ainlhg'*to Grace's Place (Lots 7& 8 of the subdivision) to be :~elocated~tb provide c~i~ct accesS, to ~he nursery school; and i~,~VHEREAS,'the ame,ndment to.the Declaration of Covenants and Restrictions was '~ppceVbd: idy'.the S0u(hb'ld '~0wn ~lanning BOard on September 9, 2002; and WHEREAS, asa condition of final site, plan approval, the amended Declaration of Covenants a~nd Restrictions must be recorded in the Cou'nty Clerk's Office and the liber and page number of t~e recorded document must be noted on the deeds for Lots 7 & 8; and WHEREAS, an additional Declaration of Covenants and Restrictions pertaining to the Gl"ace's Place Site Plan (Lots 7 and 8) was offered by the applicant to further restrict oi~erational elements of'the nursery school proposed for the site and these have been aCcePted by the Southold Town Planning Board as a condition of final site plan approval, and must be noted on the final site plan; BE IT THEREFORE RESOLVED. that the Southold Town Planning Board grant final approval on the site plan, dated Apdl 20, 2001 and last revised August 25, 2002, and authorize the Chairman to endorse the final site plan, subject to the following conditions, which must be met prior to the issuance Of any building permits: 1. ReCording of the amen'ded Declaration of Covenants and Restrictions pertaining to the access to Lots 7 & 8 (SCTM# 1000-74-4-4.7 & 4.8). 2. Recording of the second set of Declaration of Covenants and Restrictions pertaining to the use of Grace's Place site (SCTM#1000-74-4-4.7), and noted on the final site plan. 3. Notation of the iiber and page number of recorded Declaration of Covenants and Restrictions on the final site plan. Mr. Cremers: Second the motion. 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. South01d Town Planninq Boa'rd Page Thirty-Nine September 9, 2002 Chairrhan Orlowski: Opposed? The motion carries. , MAJOR AN'D MINOR SUBDIVISIONS, LOT LINE CHANGES AND SET OFF APPLICATIONS -~Settlng of Final Hearings: , Chairman Orlowski: Bur.qer/Kosmynka - This proposed lot line change is to amend the lot line of SCTM#1.000-98-17 to form two single and separate lots where Lot 1 equals 22 297 squaYe feet a hd Lot 2 equals 36,617 square feet. The property is located at 1900 Pine T~ee ROad in Cutchogue. SCTM#1000-98-1-15, 16 & 17 Mr. Cremers: Mr. Chairman, I'll offer the following: WHEREAS, the lots 1000-98-1-15 and 1000-98-1-16 merged pursuant to Article II Section 100-25A; and WHEREAS,ithe applicant proposes to amend the lot line Of SCTM#1000-98-17 to form two single and separate lots where Lot 1 equals 22,297 square feet and Lot 2 equals 36, 617 square feet; and WHEREAS, The Town of Southold Zoning Board of Appeals granted an area variance for the non-conforming lots (Appl. No. 5058), with conditions, on July 25, 2002; and WHEREAS, all of the conditions have been met as outlined on the map revised on August 28, 2002; and WHEREAS, the Planning Board acknowledges that the area variance does not ,authorize or condone any cuCrent or future use, setback or other feature of the subject property; ahd WHEREAS, no structure is proposed at this time and therefore Suffolk County Departm'ent of Health and/or Suffolk County Water Authority approval or permits are not required; be it therefore RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, do an uncoordinated review of this unlisted action. The Planning Board establishes itself as lead agency, and as lead agency, makes a determination of non-significance and grants a Negative Declaration. Mr. Edwards: Second the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? S0uthold Town Planninq Board Paqe Forty September 9, 2002 'Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. _Chairman Odowski: Opposed? The motion carnes. Mr. Cremers: In addition - ;BE IT FURTHER RESOLVED, that the Southold Town Planning E~oard set Monday, ib~tober ?~ 2O02~at~ 6:05 p.m. for a final public hearing on the maps, dated August 28, '2002. Mr. Edwards: Second the mOtiOn. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. Chairman Orlowski: Opposed? The motion carnes. SITE PLANS setting of Final Hearings: Chairman Orlowski: Lewis Marine Supply - This proposed site plan is for a 1,400 sq. ft. warehouse addition and a 4,992 sc~ ft. warehouse replacement on 1.54 acres. The ~)roperty is located at 230 Corwin Street in Greenport. SCTM#1000-48-2-1 & 44.1 Mr. Cremers: Mr. Chairman, I'll offer the following: E~E 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 that this is a Type I[ Action requiring no further review. Mr. Caq.qiano: Second the motion. Chairman Odowski: Motion made and seconded. Any ~ uestions on the motion? Al those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. Chairman Orlowski: Opposed? The motion carries. Mr. Cremers: In addition - E~E IT FURTHER RESOLVED that the Southold Towi~ Planning Board set Monday, October 7, 2002, at 6:00 p.m. for a final public hearing on the maps, dated May 31, 2002 and,last revised July 31, 2002. SbUt~iold Town Planninq Board Page Forty-One September 9, 2002 Mr. :Caa~i~no: Second the motion. Ch"airman 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. .there is. nothing left on my agenda. There will not be a Work Session tonight because we halve nothing for the Work Session. If anybody wants to put anything on the record, '~hey can ~ so now oi' we'll just adjourn the meeting. 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. Caggiano, Mr. Cremers, Mr. Edwards Mr. Sidor. Chairman Odowski: Opposed? The motion carries. There being no further business to come before the Board, the meeting was adjourned at 8:10 p.m. ~/~ rilyn 1~. Woodhouse, Chairperson Respectfully submitted, Carol Kalin / ~ B~rbara Rudder ~