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Home My WebLink AboutPB-10/07/2002PLANNING BOARD MEMBERS JERILYN B. WOODHO~JSE Chair RICI4_A~D CAGGIANO WILLIAM J. CREMERS KENNETH L, ~DWAi~DS MARTIN YI S~OR P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631~ 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MINUTES October 7, 2002 6:00 p.m. Present were: Bennett Orlowski, Jr., Chairman Richard Caggiano, Member William Cremers, Member Kenneth Edwards, Member Martin Sidor, Member Mark Terry, Senior Environmental Planner Scott Hughes, Senior Environmental Planner Carol Kalin, Secretary SETTING OF THE NEXT PLANNING BOARD MEETING Chairman Orlowski: Board to set Monday, November 4, 2002 at 6:00 p.m. at the Southold Town Hall, Main Road, Southold, as the time and place for the next regular Planning Board Meeting. Mr, Ca.q.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. - Lewis Marine Supplv- This proposed site plan is for a 1,400 sq, ft. warehouse addition and a 4,992 sq. ft. warehouse replacement on 1.54 acres. The property is located at 230 Corwin Street in Greenport. SCTM#1000-48-2-1 & 44.1 Sodthold Tow~ TPlannin.q BOard Pa.qe Two October 7, 2002 Are there any Comments on this proposed site plan? GarrettStrang: Good evening. I think the application pretty much is straight forward. We have obviously discussed it in presubmission conferences and we have addressed all the issues that the Board and the Town Engineer and the Town Building Inspector may have had but, if there are any q ~estions or comments from the Board at this time,' I wil be happy to entertain th~em. C;h~iCman OrloWski: Garrett, just put your name on the record. Garr~tt Strafl.q: O.K. Garrett Strang, Architect, representing Lewis Marine. Cha]rman Orlowski: O.K. Any Other comments on this proposed site plan? (NO one asked to speak.) Any comments from the Board? Hearing none, I would like to entertain a motion to close the headng. Mr. Edwards: So move. Mr. Cremers: Second. Chairman Odowski: Motion made and seconded. Any questions on the motion? All [hose in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. Chairman Orlowski: Opposed? The motion carries. (The public hearing was closed at 6:03 p.m.) Does the Board have a pleasure? Mr. Edwards: Mr. Chairman, I'll offer the following resolution: WHEREAS, the site plan is for a 1,400 sq. ft. warehouse addition and a 4,992 sq ft. warehouse replacement; and WHEREAS, the Lewis Family Partnership is the owner of the property known and designated as Lewis Marine Supply, located at 230 Corwin Street in Greenport; and WHEREAS, a formal application for approval of this site was submitted on August 8, 2002; and WHEREAS, the Southold Town Planning Board, on September 9, 2002, determinecJ that this action is classified as Type II and not subject to review under the State Environmental Quality Review Act (Article 8), Part 617; and WHEREAS, the Zoning Board of Appeals granted the setbacks variances as requested for an addition to the warehouse building, with alternative relief concerning the total Sodthol~l Town Planning Boarc~ Page Three October 7, 2002 ~: build ng area at 50% of the total lot area, subject to the condition that there be no further '"'~afiances to incrbase 10t coverage greater than 50%, Application No. 5109; and WHEREAS, this site plan was certified by the Building Department on October 7, 2002; and WHEREAS, the Town Engineer has reviewed the drainage calculations and the ~lanning Boated has accepted his recommendation for approval: and WHEREAS, on August 13, 2002, the Architectural Review Committee reviewed and approved the proPoSed site plan application; and WHEREAS, a final public heari'ng was closed on the Lewis Marine Supply application at ~he ToWn Hall, Sou'thOid, New York on October 7, 2002; and WHEREAS, all the requirements of the Site Plan Regulations of the Town of Southold have been met; be it therefore RESOLVED, that the Southold Town Planning Board grant final approval on the surveYs, dated January 3, 2002 anci last revised September 26, 2002, and authorize the Chai~nan to endorse the final surveys subject to a one year review from date of building permit. Mr. Cremers: Second the mOtion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers. Mr. Edwards, Mr. Sidor. Chairman Orlowski: Opposed? The motion cardes. Chairman Orlowski: 6:05 p.m. - BurRer/Kosmynka - This proposed lot line change is to amend the lot line of SCTM#1000-98-1-17 to form two single and separate lots where Lot I equals 22,397 square feet and Lot 2 equals 36,617 square feet. The property is located at 1900 Pine Tree Road in Cutchogue. SCTM#1000-98-1-15, 16 & 17 Are there any comments on this proposed lot line change? William Go.qqins, Esq.: Good evening. I am William Goggins. I represent the applicants. We are here to answer any questions that the Board may have for any kind of informational purposes. Chairman Orlowski: O.K. Thank you. Any other comments? Southold Town Planning Board Page Four October 7, 2002 -Abiqail Wickham Esq.: Good evening. My name is Abiga I Wickham from Mattituck and ] represent Thomas and Jane Cottrell who own the property adjoin ng to the north. I am not here to oppose this atbplication but I do want to make the Board aware of the concern that we have. We have received a letter from the earlier regarding the location Of Some sheds on the property which I understand have been slid across the line onto the other lot, Which I believe i~ Ebt One. Just to givethe Board some background, when eals, the ,.I Mr, ~ha't Zoning Boar~ a@proval wilhOat ur~de~stan~ ng b'uL w~ changed ~n any way. perhaps, just to see~ ngs do n.ot happon ~nd whet ler there shoul(~ a!.eve'r,yoa ~:ee~ ~ppropdate. We .iust ce on ii a~ to what you would like to crea!.ing a sub~t~)isien, which will contain a )le dwolling. I ha~e no!.:hii~g lurther. Chairman Orlc~wski~ You have no prOblems with the one accessoi3, struoture that is there~ t~ow?. Abi.qail Wickham, Esq.: No, we worked that out and that, apparently, it's an old cedar g~rage and, you know, Mr. Kosmynka said he really did not Wantto have to change anythihg. He stores his cars !here and that's fine They are going to put screening up and ~h~t type of thing but th~n all of a sudden, if other things happen, I just want to have s~me clear understanding that issues such as additions, additional structures, accesSOry structures for instance - the Zoning Board decision has limited the amount of sti~rag~ that can ha ppen on the property with res pect to that type of thing. That is in the Zonin~ Boa'rd covenant - conditioni it is not a covenant. Chairman Orlowski: Yes, so you don't have a problem with the ZBA's conditions on this? Abigail Wickham, Esq.: No. Chairman Orlowski: O.K. SOu~hold Town Plar~iiing Board Pa.qe Five October 7, 2002 ~Abigail Wickham, Esq.: I think we do want to clarify that additional accessories '~tructures: or ~dditionS tO the existing accessory structure- not be altowed unless, you know, unless 't is part of an overall plan that they come to the Town for approval on. Chairman Odowski: O.K. wan t I would like to respond. Mr. Kosmynka - he just was not aware 1 removed as soon as we found out about it. He now knows he vacant parcel and, if it does get approved and he property, then, you know, at that time he can put accessory Town Code and he inadvertently did this and he did not ~s with the neighbor. They want to get along with Mr. Cottr~ell in th~ saree direction andMr. Kosmynka has dones~mething he cannot. Thank you. M'a'ttin KoSmynl~a:~May I comment on that? .Chairmaf~ OrloWSki: This is Marry Kosmynka. Martin Kosmynka: It was my fault and I did move them. I had to move them ten feet. I didn't realize it. I had the surveyor come out. We saw where the new property line definitely will be. and they had to be moved ten feet. That's what I did do. I also painted the garage and painted the Shed and I am straightening up the property. It was my fault. Chairman Orlowski: The resolution to be read tonight will state there is no additional structures at this time so that would mean that, in the future, they have to go through the process to obtain more - add on to the structure - or additional structure but our resolution will note that at this time. O.K.? Mr. Go.q.qins: That would be any structure other than a single-family dwelling? Chairman Orlowski: Right. Accessory. Mr. Goq.qins: Once the single-family structure is cut up, they can't sell an accessory shed that meets the Code requirements. I guess they are concerned with that they don't put any more accessory structures until such time that the residence is constructed. Mary Terry: Change that to no accessory structures. Mr. Goq,qins: So, it's no accessory structures until such time as a single-family dwelling is constructed? Then, only within the purview of the Code. Abi.qait Wickham, Esq.: Chairman, would you like Mr. Gogg~ns and I to help you with the language? Sbuthold 1'oWn I~lanning BOard Page Six October 7, 2002 :William Goaains, Esa.: The language that you are drafting is prohibited by the Code ~nyway- accessory strubturb on a vacant parcel - so if Mr. Kosmynka were to put his ~l~ed there and leave it the¢e, he' would be violating the Town Code. Abiqa I Wickham, Esq.: Yes, but he did and we are just asking, therefore, that it be :clarified. Chairman Odowski: While we are thinking, anybody have any other comments? William Goggins, Esq.: Well, you are talking about a covenant on the property. It is just a covenarit that is already codified in the Southold Town Code. The Town Code says no accessory structures on vacant parcels of~ land. Chairman Odowski: Yes, I just want to put it in a resolution so that everybody here .agrees to it. Abigail Wickham, Esq.: That's like what you said earlier. .Chairman Orlowski: Well- William Goggins, Esq.: I think it is just, basically, no accessory structures shall be erected on the premises until after a single-family residence has been constructed and then there is no problem with accessory structure provided that it meets the Code. Chairman Orlowski: Does anybody have a problem with whereas no additional structure is proposea at this time and, therefore, Suffolk County Department of Health and/or Suffolk County Water AuthOrity approval of permits are not required? Abigail Wickham, Esq.: In a subdivision - Chairman Orlowski: Well, that's kind of saying that, you know, it's not a residential - for that lot - no addition structures at this time. Abiqail Wickham, Esq.: Can you read it again? Chairman Orlowski: Whereas, no additional structure is proposed at this time and, therefore, Suffolk County Department of Health and/or Suffolk County Water Authority approval or permits are not required. Abigail Wickham, Esq.: That's a different question I am talking about. William Goqgins, Esq.: I think the language is very simple that just no accessory structures may be erected on the premises until such time that a single-family dwelling is erected - because you can't do a single-family dwelling without Health Department approval, without a building permit so, if that simple language would cover, I think, everything that we are all concerned about. South01d Town Planning Board Page Seven October 7, 2002 Chairman Orlowski: No accessory structure other than the existing garage is permitted ih Parcel 1 until a Sir~gle-familyresidence is constructed? Is that o.k.? Mn Go.q.qins: Gall, is that o.k.? Abigail Wickham, Esq.: Yes. Is that Parcel I or Parcel 2? JMr. Terry: Parcel 1. ;Chairman Odowski: Parcel 1. .Mr. Terry: Pa'reel 2 is larger. MS. Wickham: O.K. Chairman Odowski: Is that o.k.? Ms. Wicktiam: Yes. Chairman Odowski: We're all happy?, like that. O.K. MS. Wickham: Thank you Chairman Orlowski: You're welcome. Any other comments? Hearing none, any comments from the Board? Hearing none, would like to 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 [hose in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. Chairman Odowski: Opposed? The motion carries. (The public hearing was closed at 6:19 p.m.) Would somebody read this? Mr. Ca.qgiano: Mr. Chairman, I'll offer the following: WHEREAS, the tots 1000-98-1-15 and 1000-98-1-16 merged pursuant to Article I Section 100-25A; and SOuthold ToWn Planning Boiard Pa.qe Eight October 7, 2002 WHEREAS, the applicant proposes to amend the lot line of SCTM#1000-98-1-17 where Parcel i equals 22,397 squai~e feet and Parcel 2 equals 36, 617 square feet; and WHEREAS, The ToWn of SouthoId Zoning Board of Appeals granted an area vadance for the non-conforming lots (Appl. No. 5058), with conditions, on July 25, 2002; and WHEREAS, the Planning Board acknowledges that the area variance does not ~uthOriZe or condorre any curre'nt or future use, setback or other fea~re of,the subject ~i'operty, and WHEREAS, no accessory Structure other than the existing garage is permitted on Parcel 1 udtil:a single family residence is constructed; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have bben met; be it. therefore RESOLVED that the Southold Town Planning Board grant conditional final approval on the surveys, dated August 28, 2002, and authorize the Chairman to endorse the final surVeyS subject to fulfillment of the following condition. This condition must be met within six (6) months of the resolution: 1. The filing of new deeds pertaining to the amendment of the lot line of SCTM#1000-98-1-17 where Parcel 1 equals 22,397 square feet and Parcel 2 equals 36, 617 square feet. Mr. Cre'mers: Second the motion. Chairman Odowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Odowski Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. Chairman Orlowski: Opposed? The motion carries. Hearings Held Over From Previous Meetings: Chairman Orlowsld: 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 I guess we still need a curb cut permit. It is coming so I will entertain a motion to hold this public hearing open. Mr. Edwards: So move. Southold Town Planninq B~ard pa,qe Nine October 7, 2002 Mr. Cremers: Second. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Odowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. Chairi'nan~OrloWski: Opposed? The rhotion carries. Chairman Orlewski: Perino, Joseph - This proposed major subdivision is for 7 lots on 20:8211 acres. The property is located on the south side of Main Road, 150' west of Sigsbee Road in Mattituck. SCTM#1000-122-7-9. This, too, will stay open while we are in the middle of the moratorium. I believe that they have made an appeal. We will have to wait and see what happens. I will entertain a motion to keep tiiis open. Mr. Edwards: So move. Mr. Cremers: Second. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor?. Ayes: Mr. Orlowski Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. .Chairman Odowski: Opposed? The motion carries. Chairman Odowski: Island Health Project, Inc, - This proposed lot line change is to merge a 10,890 sq. ft. parcel, SCTM#1000-9-2-6.2, with a 12,565 sq. ft. parcel, SCTM#1000-9-2-8. creating a 23,455 sq. ft. parcel. The properties are located at the north corner of Oriental Avenue and Crescent Avenue on Fishers Island. This, too - have no idea what's going on. I will entertain a motion to keep this hearing open Mr. Ca.q.qiano: So move. Mr. Cremers: Second. SoUthOId TOwn Plantiinq Board Page Ten October 7, 2002 :Chairman Odowski: Motion made and seconded. Any questions on the motion? All those in favor?. -Ayes: Mr. O'rlowski, Mr. Caggiano, Mr. Cremers, Mr. Sidor. :Mr, Edwards: I abstain for reasons previously stated. '.Chairman Orlowski: Opposed? The motion carries. ;"MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES AND SET OFF APPLICATION S Setting of Final Hearings: Chairman Odowski: Bruce Isaacs - This proposal is to cluster set-off a 1.37 acre improved lot from a 5.94 acre pamel located in the A-C Zoning District. The property is located on the north corner Of Alvah's Lane and the Long Island Railroad in Cutchogue. SCTM#1000-101-2-19 Mr. Cremers: Mr. Chairman, I'll offer the following: BE IT RESOLVED that the Southold Town Planning Board set Monday, November 4, 2002, at 6:00 p.m. for a final public hearing on the maps, dated March 6. 2002. Mr. Edwards: Second the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. Chairman Orlowski: OPposed? The motion carries, Chairman Orlowski: Persistence Properties - This proposal is to set off a 1.99 acre parcel from an existing 7.87 acre parcel. The property is located on the north side of CR 48, 941' northeast of Cox's Lane in Cutchogue. SCTM#1000-84-1-10.1 WHEREAS, the applicant proposes to set off 1.99 acres (Lot 1) from 7.87 acres ILot 2) in the A-C Zoning District; and WHEREAS, the Southold Town Planning Board granted sketch plan approval on April 16, 2001 on the map dated March 19, 2001, which has previously been extended; be it therefore Southold ToWn Planninq Board Pa.qe Eleven October 7, 2002 RE?.O .L.. VED, to grant an additional six (6) month extension of sketch plan approval from July, 16; 2002 to January t6, 2003 as.requested by Richard Lark, Esq. in correspondeiice dated Odf~Ober 3, 2002, Mr. Edwards: Second the mObon. Chairman Odowski: Motion made and seconded. Any questions on the motion? All thoSe-in favor?. Ayes: Mr. 'Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. Chairman Odowski: Opposed? The motion carries. Mr. Cremers: In addition - BE IT FURTHER RESOLVED that the Southold Town Planning Board set Monday, November 4, 2002, at 6:05 p,m. for a final public hearing on the maps, dated March 8, 2001, last'revised March 19, 2001 Mr. Edwards: Second the motion. Chairman Odowski: Motion made and seconded. Any questions on the motion? All those in favor?. Ayes: Mr. Odowski Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. Chairman Orlowski: OppOsed? The motion carries. Chairman Orlowski: Stavrinos~ James - This proposal is to modify the Covenants & Restrictions to build a 36' x 70' pro-fabricated barn structure outside of the building envelope on Lot #7 and within the Agricultural Reserve Easement Area. The parcel is located on the west side of West Mill Road, 1,102' south of Naugles Drive in Mattituck. SCTM#1000-106-9-4.9 Mr. Edwards: Mr. Chairman, I'll offer the following resolution: BE IT RESOLVED that the Southold Town Planning Board set Monday, November 4, 2002, at 6:10 p.m. for a final public hearing to amend the Declaration of Covenants and Restrictions, dated February 4, 1994, to construct a 36' x 70' pre-fabricated barn structure outside of the buildingen'velope on Lot #7 (Agricultural Reserve Easement Aroa). Mr. Cromers: Second the motion. SouthOld Town Planning Bbard Pa.qe Twelve OCtober 7, 2002 Chairman Odowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orl0Wski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. Chairman Orlowski: Opposed? The motion carries. :Sketch Determinations~ Chairman Orlows~i: Cove Beach Estates - This proposed lot line will transfer 1.1 acres from'Parcel B to Parcel A including a cul-de-sac at the termination ora 50' right-of-way. The property is located north of NYS Route 25 in East Marion. SCTM#1000-22-3-18.1 Mr. Ca.q,qiano Mr. Chairman, I'll offer the following: WHEREAS, the applicant proposes to adjust the lot line between Parce{ B and Parcel A equal.in area to 1.1 acres; be it therefore RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, do an uncoordinated review of this unlisted action. The Planning Board establishes itself as lead agency, and as lead agency, makes a determination of non-significance and grants a Negative Declaration. Mr. Cremers: Second the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor?. Ayes: Mr. Odowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. Chairman Orlowski: Opposed? The motion carries. Mr. Ca,q.q ~ano BE IT FURTHER RESOLVED, that the Southold Town Planning Board grant sketch plan approval on the maps dated February 5, 2002. rv]r. Cremers: Second the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor?. Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Sidor. Chairman Orlowski: Opposed? The motion carries. Southold Town Planninq B6ard Paqe Thirteen October 7, 2002 ~Sketch Extensions: Cha ~man Orlowski: Pu.qliese, RalPh - This proposed minor subdivision is for 3 lots on ;;22~76 a~res. Dbvelopment Rights have been sold on 14.81 acres. There is an existing house and winery on one lot. The property is located on Main Road, west of Bridge Lane in Cutch:ogue. SCTM#1000-97-1-12.6, 12.7 & 12.9 Mi'. Edwards: Mr. Chairman, I'll offer the following resolution: BElT RESOLVED that the Southold Town Planning Board grant a retro-active e×te'nsion dY conditional sketch plan approval from April 16, 2002 to October 16, 2002 Conditio'n'al'gketCh plan approval was granted by the Planning Board on April 16, 2001 Mr: Crerhers: Second the mbtion. Chairman Odowski: Motion made and seconded. Any questions on the motion? All tho~e in favor? Ayes: Mr. Odowski, Mr. Caggiano, Mr. Cremers Mr. Edwards, Mr. Sidor. Chairman Orlowski: Opposed? The motion carries. APPROVAL OF PLANNING BOARD MINUTES Chairman Orlowski: Board to approve the June 11 2001 minutes. Mr. Ca.q.qiano: 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. There is nothing left on the agenda. If anybody would like to spread something on the minutes, they can. Other than that, we'll entertain a motion to close. Mr. Edwards: I'd just like to make a comment that it's great to see our Chairman up and around and giving us a little scare. He looks fine to me and I understand he's feeling well. It's great to have you back. Southold Town Plannin.q Board Pa.qe Fourteen October 7, 2002 . 'Chairman Odowskl: Thank you. :iMf: Oremers: I'll secbnd that motion. ;iCh'airman Odowski: O.K. 'Thank you very much. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All "tho~:ii~ 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, [he meeting was adjourned at 6:30 p.m. Respectfully submitted, Ca r~,, Kalin ~ Barbara Rudder ~ilyn B.'~/Voodhouse, Chairperson