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PB-08/12/2002
PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MART~I H. SIDOR 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 Present were: MINUTES PUBLIC MEETING August 12, 2002 6:00 p.m. Bennett Orlowski, Jr., Chairman Richard Caggiano William J. Cremers Kenneth b Edwards Mark Terry, Sr. Environmental Planner Scott Hughes, Sr. Environmental Planner Victor L'Eplattenier, Senior Planner Carol Kalin, Secretary SETTING OF THE NEXT PLANNING BOARD MEETING 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, September 9, 2002 at 6:00 p.m. at the Southold Town Hall, Main Road, Southold, as the time and place for the next regular Planning Board Meeting. Mr. Cremers: So moved. Mr. Edwards: Second the motion. Mr. Orlowski: Motion made and seconded. All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards. Mr. OrlowSki: Opposed? The motion carries. PUBLIC HEARINGS Southold Town Planninq Board PaRe Two AuRust12,2002 Chairman Odowski: 6:00 p.m. - Paradise Isles - This proposed minor subdivision is for 4 lots on 30.619 acres located on the north side of Island View Lane, 234.18 feet west of Bayshore Road and on the south side of August Lane in Greenport. SCTM#1000-53- 6-46.2 and 57-2-1.1 I will ask if thero are any comments on this proposed minor subdivision? Step up to the microphone and state your name please. Joshua Rubin: I live at 1620 August Lane which is contiguous to the proposed subdivision. This kind of took us a little bit by surprise but we're taking a look at some of the materials today and it doesn't appear as though enough consideration has been g~ven to the area as a wildlife habitat. We live there and we have seen fox and lots of animals that live there and we are wondering exactly what is going to happen to them when they get pushed off that area - the peninsula - when we don't know exactly what consideration, I guess, has been given to them. I am also aware that there is going to be a moratorium voted on in a couple of days and this looks like kind of an attempt to get things in there before the moratorium comes into play. And the moratorium, as I understand it, is so that the Town will have the opportunity to kind of slow down and evaluate things like how's it going to - what kind of policies are you going to have to dea] with environmental considerations and, if this is not a perfect example of a place where you want to slow down and take a look, I don't know what is. So, I wanted to voice my concerns about that and I think it would be a good idea if we kind of just slowed down and took a look. Like I said, there are families of fox living up there - red fox, silver fox - which I think are quite a bit rarer. I can't tell you how many birds - my wife wil get up and tell you of the birds that live there. There are deer that are there. I don't know what is going to happen with those deer. Up until now, the hunters have been able to come in there because there is enough room far enough away from the houses to keep the numbers down. So, they are not pests as they are now but if that meadow starts getting cleared and developed, I don't know where those deer are going to be able to go. There is just no way out and we will have a situation where we are going to be calling on the Town some time in the future to come in and start cleaning out the herd. As it is right now, we can have hunters thin out the herd which is a nice way to do it. They come in every fall for the two hunting seasons - the bow hunting season and the gun hunting season - and keep the numbers at a nice manageable number. So, you'll have to tell me whether enough consideration has been given to a lot of these environmental issues. I also understand, from what I have scrambled to read today, that there are a lot of questions about the ground water and about the drainage that goes into a highly sensitive habitat in the cove south of the meadow and the ground water is a maximum of like five feet underneath that meadow. We already have terrible drainage problems in August Acres. Maybe that was rushed in too quick. I don't know. You know, I got my house - I know it sounds awful funny to start protesting new houses - but we do have problems there and I guess I am hoping that we can at least postpone this, look at it in the time afforded us by the moratorium, and come up with some standards by which we can judge what we are going to do with that place rather then slip it in underneath the something. Thank you. Southold Town Planninq Board Page Three August12,2002 Chairman Orlowski: Just to let you know, this has been going on for six years. Joshua Rubin: I am aware. You know, we just saw the sign posted there and got our notice in the mail. Chairman Odowski: You know, being thirty acres in two acre zoning, it could be fifteen houses. Now, it is only going to be four lots so we were sensitive to the fact that there is that up there. We felt that it was a pretty good deal this way. Mr. Rubin: It doesn't seem like a bad idea. I just want to make sure that enough consideration has been given to it. Chairman Odowski: In the last six years, we have given a lot of consideration to it and it appears that this is the best and the most sensitive to the environment. Mn Rubin: Are there no other considerations - I understood that a while back there was a proposal to use it agriculturally for an organic farm or something like that? Chairman Odowski: Not not that I know of. Mr. Rubin: It never made it here? Chairman Odowski: No. Any other comments? William Creutz: My name is Bill Creutz. I live in August Acres, Kerwin Boulevard. I have no qualms at all about this project. As far as seven and a half acres, I think that is great; four houses in there is wonderful than trying to stick us with condos, with everything else in there. My big question is - can this land, once it is sold, be further subdivided? Chairman Odowski: No. Mr. Creutz: Is there a clause to that effect? Chairman Odowski: Yes. Mr. Creutz: O.K. Thank you very much. Chairman Odowski: Any other comments? Melissa Bilirubin(sp.?): My name is Melissa Bilrubin and I am a resident next to land on August Lane and I am also very, very concerned about the environmental issue because it is such a beautiful ecosystem as it stands now with the thirty acres together and I know originally the proposal was to have only five acres cleared out of that thirty. But now, apparently - according to a paper in file on this property- apparently, now the proposal is for two vineyards and four houses which would mean that at least fifteen acres would be cleared of that land. And what I am concerned with is this - and I know that I am only a recent resident of the Town only for the last year - but I know from what Southold Town Planning Board Paqe Four Auqust12,2002 I have read and understand that the envirenmental concerns of Southoid Town have grewn greatly in the last several years and this subdivision was originally preposed before people had become so aware and concerned about the environment. That's why, in particular, it seems to me important to slow this down since this seems such a rere opportunity to maintain the integrity of such fragile ecosystem being only five feet above the greund water. If you are talking about putting vineyards in, you are talking about an increased application of pesticides, herbicides, fungicides and so forth. And, again, I would just like to see if, since standards have changed the Town's ecological awareness, let'S say, or the ecological sensitivity has changed since the subdivision was originally preposed, could we not slow it down and take a good look at this very rere piece before we do anything further with it?. That would be my comment. Thank you. Chairman Orlowski: Thank you. Any other comments? Giovanni Patenier(sp.?): First of ali, my name is Giovanni Patenier. I am an amhitect and I am also the owner of 460 Island View Lane. There should have been a notice sent over to my house but I did not receive notice, think you still have Eugene Mott as the owner of the preperty. I have personally no problems with the subdivision of the property and having four houses in that area there but what I am concerned about is the private read that is now known as Conklin Road and that read is directly adjacent to my preperty which is on the northeast corner of Conklin and Island View Lane. I know that what has been happening to - first of all, have owned the preperty for a period of four and a half years and I have been maintaining the preperty. I have spoken to Mr. Rocher(sp.?). He is a very nice person and he has let me - basically, [et my car be parked there. My children play there and so on and so forth. My concern is - would that road be wide enough; would it be paved? And the other problem is that if it were to be widen and paved, normally there is a right-of-way that exists between a property and a street. Now, if this read is enlarged, what is going to happen is that it will be six foot eight inches away frem my side yard and this is, basically, my main concern - is there a plan to widen it? I also understand there are going to be two ways of entering the site. Basically, one of them is going to be via the street and then goes to a cul-de-sac and from the northerly portion going into the center of this lot. But then there is that other small, as I said, dirt road that goes from the right hand quadrant here - the lower right hand quadrant- through this Conklin Road. How heavily is this going to be used and for what purpose will it be used? And will there be construction vehicles entering the site from this dirt road? Right now, this dirt road, as it exists, it is probably about ten to twelve feet wide. One of the reasons that I came out and bought a property in that particular place is because it does have a unique character in the terms of environmentally. It is a beautiful area and I agree with whoever named this Paradise Isles because it is, you know, and one of the things I am concerned about is to try to maintain it as much as the way it looks today. So, my question is - are there plans to widen that road to make it into a paved road? If there is - if there are going to be plans, are there plans to have a buffer or a right-of-way between the private road and my property and also adjacent properties that lie just north of my property - Miss Hoey and another?. Southold Town Planning Board Paqe Five August12,2002 Mark Terry: Right now, there are no plans to widen Conklin Road. In fact, the covenants and restrictions will state that it is to remain unimproved into perpetuity. The construction access is a good point and the Board may want to require covenants and there are a ~ot of pot holes on the north side. Construction could be going in and out of that road. Probably wouldn't be - Mr. Patenier(sp.?): It's almost impossible. Mr. Terry: Yes, it's very small. Mr. Patenier: Between it and the other road, Island View Lane, it is very narrow and if there were to be trucks going in there, the least of what they are going to do is rip up the road and then they say o.k., now we have ripped up the road, so what do we have to do now? Now we have to pave the road. So, basically, this will pave the road for a paved road. Now, that is what my concern is and, again, Mr. Rocher(sp.?) has been very nice to me and I have no opposition to the subdivision. I think definitely seven and a half acres for one house is more than enough; it is plenty but this is what my concern is. Mark Terry: In regard to his access, the road is being covenanted and restricted for alternative access. Alternative meaning just that - alternative access whereas the main access is going to be off of August Lane. Mr. Patenier: Right, so there will be a covenant and restriction on that road that it can not be improved or widened? Will be paved? Is that what you are saying? Mr. Terry: Yes. Mr. Patenier: That will come out in the minutes, correct? Mr. Terry:Yes. Mr. Patenier: Thank you. Patricia Moore, Esq.: Since you are making these promises without the benefit of the applicant, I want to make a few points for the record. The first is just - for the record, we used the affidavit of mailing and the postings are all here in the file. I want to emphasize that this project has taken six years for its thorough review. We have addressed the wildlife habitant with additional buffers. I know the Board has taken that into consideration and it was something that was added to the map before its final submission. The moratorium - regardless of the end results of the moratorium - it would be a five acre - let's assume that five acre zoning is adopted - we actually exceed five acre zoning. So, this proposal - and I believe that is why the Planning Board felt it was appropriate to finish the public hearing and hopefully adopt it tonight - is that it exceeds the minimum requirements, or the hopes, that the up-zoning could accomplish. With respect to the alternative access, Mr. Rocco really does not want to have it approved to fifty feet. He wants to keep it as just a secondary access. I think his intention really is to just use it to pull his boat out from this side because it is a short cut to the - I guess Southold Town Plannin.q Board Pa.qe Six Au.qust12,2002 Island View Lane - boat dock. So, this is not going to be an improved access. As you pointed out, the primary access is through the cul-de-sac. For that reason, you have im posed all types of restrictions on the improvements as well as the street trees and everything else making that the primary access. As far as unimproved, I think we need clarification on what you mean by unimproved. He would rather not have to pave it but it is the obligation of everybody who has a right-of-way over it to keep it maintained and to keep it accessible for themselves. Mr. Rocco does not intend to do really anything with it other than provide for his own residential use of pulling out, having his kids be able to cross it and having his boat being able to be pulled from the trailer off of that same access. So, again, it is just standard accessory use and that is way we've always maintained that that is fine. We have the primary access but, as far as what language you use for limiting its improvements, we have - it is a fee title to the road - to Island View Lane - it gives up certain legal rights to it. We've acknowledged that. We are going to make our driveway our primary access through the cul-de-sac. It is a lovely entrance and it's going [o be the appropriate access for the site. However, please be careful and conscientious of the limitations you put on this alternative access because we do want to maintain its availability and accessibility. Chairman ©dowski: Any other comments or questions? Melissa Belirubin: This is a specific question having to do with the plan. I know that there are - I'm sorry, I don't know your name - the lawyer just said that there were buffers added to address the wildlife habitat. Right now, we have thirty acres of wildlife habitat and, I believe, there are three fifty foot buffer stdps only figured in for wildlife habitat. The way I see it, that means that you could have, in the most radical scenario, a fifty foot strip around this thirty acres and everything in between taken down. There is also a stdp in the front along August Lane which describes itself as landscape buffer which, I assume, means that you take everything down and then put up trees or schrubs or ornamentals or something like that but that would indicate that, whatever natural habitat is there, is taken down. Can anyone tell me why that is written for this landscape and not natural? Chairman Orlowski: Because the applicant will probably plant something in there to buffer that against the road - August Lane. I don't know if you want to answer that. Patricia Moore, Esq.: Can I help you? It is Patricia Moore. I didn't introduce myself. I apologize. The parcel was previously in agriculture, just for the record. It could have been leased the entire time had they thought it was going to have six years. It probably would have been leased in agricultural use and been productive. However, the only parcel which is identified as Lot #2 has been planted in grapes by the proposed - one of the owners of the property. The one that is actually going to have Lot #2 is an elderly gentleman, Mr. Rocco, who planted the grapes himself. So, that area is already planted and it would not make sense to convert it to a natural buffer. The other areas were retained as natural buffers and the hundred foot set back from the wetlands is also going to add a natural buffer o or a wildlife corddor - for the benefit of the habitat on this property and surroundings. With respect to August Lane, we want to have the option. It maybe that the owner of Lot #4 will keep it natural. On the other hand, because it fronts Southold Town Planning Board Page Seven August12,2002 August Lane, we wanted to have the option of making it a little more aesthetically in merit, in the opinion of Lot #4, a little more aesthetically appealing with some additional landscaping so it somewhat compliments the August Lane development because you have a subdivision of very nice homes with nicely landscaped yards that, to have an adjacent property on August Lane, that would be complimentary to that development. So, that was the reason that we asked that it either be given the option of the landscape buffer or scenic buffer - natural buffer, excuse me for the mistake. And, again, this piece was in agriculture and could have continued to be in agriculture and all of the animals would have been displaced through the agricultural operations so I know that the Board has kept that in mind in apProving this. Chairman Odowski: Any other comments? William Creutz: I know the right-of-way in here is August Lane. I live on Kerwin Boulevard and, if heavy construction starts in there, I don't know what size houses they are going to build. I want to know if these construction vehicles are going to go down August Lane or go down in front of my house on Kerwin Boulevard disturbing the hell out of me. This is something he is doing out back. They use the right-of-way to go in there instead of going on Kerwin Boulvard. Chairman Odowski: They are only allowed access from Bay Shore on August Lane. I believe that is right. Am I, Pat? Patricia Moore, Esq.: Well, Bayshore Road is a Town road, right - down to August Lane? We have legal access. There is no question about that. So, that is the access that is intended. William Cruetz: But the right-of-way is August Lane - down here, getting into it. Patricia Moore, Esq.: No, that is our own - William Cruetz: Yes, but if you look at it, don't tell me that - Chairman Orlowski: Wait. We don't want to have a little debate here. William Cruetz: August Lane runs all the way down through here and this is August Lane. Kerwin Boulevard runs down here and then takes a left. O.K.? I just don't want the trucks coming down past me disturbing me. Patricia Moore, Esq.: Is Kerwin Lane a Town road? William Cruetz: No. Chairman Odowski: Can't go. Patdcia Moore, Esq.: Thank you. Then, I guess we are using Town roads. Southold Town Plannin.q Board Pa.qe Ei.qht August12,2002 Chairman Odowski: Any other comments? (Unidentified speaker in audience asked inaudible question.) Patricia Moore, Esq.: She knows the files even better than I do. Posillico was the prior owner of the entire tract which is also Corwin - the road Corwin - August Lane - we have access through Posillico's agreement to use August Lane. So, that is the access we intend to use. Mark Terry: Only - if you see the attached map, it is only off of Bayshore Road. Patricia Moore, Esq.: Yes, Bayshore Road to August Lane - Mark Terry: They have not permission to go through the development. Patricia Moore, Esq.: No, there is no need to go through the development. We will ask our contractors to use the Town roads - it would be Kerwin Boulevard, down Bayshore Road. That would be the logical entrance. It goes down - you have Main Road, down Kerwin Boulevard and then you take a - go towards the east on Bayshore Road. Chairman ©dowski: O.K. Any other comments? Joshua Rubin: As far as I understand it, the route that is being described here does take you through part of the development. It doesn't take you to the main body of it. It takes you through part of it and that particular road and all the roads in the development, as a matter of fact, don't react very well to heavy machinery. I had thought that they had been taken over by the Town. I guess they haven't been yet - is that right? Patricia Moore, Esq.: They say they haven't been. Joshua Rubin: They haven't been yet. Well, they're really not ready for heavy machinery. You get a truck that goes over there and the thing falls apart so, if you are rolling heavy machinery up from Bayshore along August Lane there, you are driving right into my house there - up that road there. That road will be torn apart by heavy machinery rolling over there. There is no way to avoid it because the stuff just isn't up to heavy machinery. It's not ready yet. Maybe when the Town does take over paving those roads, they can actually put in a surface that holds and can stand up to heavy machinery but there is no way you can do it now. Otto Schoenstein: My name is Otto Schoenstein and my wife and I own a parcel that is on Conklin Lane, to the west of Conklin Lane, opposite where the man spoke about the driveway or the legal right-of-way. Chairman Odowski: Just one second while we change the tapes. O.K. Sorry, go ahead. Otto Schoenstein: My question is about Conklin Lane - the right-of-way going to Lot #3. Who owns that right-of-way? Is that - Southold Town Plannin.q Board Pa.qe Nine August12,2002 Chairman Odowski: It looks like it is part of Lot #3 and I think the people have right of way over it that have properties in the back there. Otto Schoestein: So, actually, it will only be from Lot #3 that use that? Chairman Odowski: That's it. Otto Schoestein: O.K. That was my question. And that belongs to the person who owns - would own - Lot #3? Chairman Odowski: Well, with the deeded rights, whoever else has deeded access over that property. Otto Schoestein: I see. But, it is not really a Town road? Chairman Odowski: Oh, no, and I doubt that it ever will be. Otto Schoestein: But still, to the lots, of course, the right-of-way to those lots - Chairman Odowski: Well, if it was developed at its full potential of fifteen homes, I am sure that would be a fifty foot wide road but since we've cut it down to only four and it is not needed, it will just stay part of Lot #3 with the deeded access by the other lots on there and the lot itself. And Lot #3 will have access off the cul-de-sac and probably will use that. Otto Schoenstein: O.K. Thank you. Chairman Odowski: Any other comments? Cad Spielman: Good evening. My name is Carl Spielman. I live on 1695 August Lane. I have some questions concerning the four lots that are directly across the street from me and one of the questions is exactly how's the traffic going to be accessing the development? I looked at the proposed plan. It shows a road sort of continuing along August Lane into the development but exactly what is the status of August Lane at this point? Is it still considered to be a private road owned by the association or is it a Town road? Chairman Orlowski: I think all the property was owned by Mr. Posillico. Correct me if I am wrong. He owns it all. He owns this parcel. He developed August Acres. August Acres is fairly well developed. He could come in later on and probably put in the other fifteen homes but he is not going to. He is putting in four and people that will be buying this property will still be buying it from the owner who, right now, I guess, has control of the roads and be allowing whatever access they need to get in there and do their work. Cad Spielman: So, you are not sure whether or not August Lane is a Town road or not? Chairman Odowski: It is not a Town road. Southold Town Planninq Board Page Ten August 12, 2002 Cad Spielman: It is not? Because we have had snow plowing done and Town maintenance done on the road. Yet it is still not owned by the Town? Chairman Orlowski: To my knowledge, it is not a Town road unless they handed it over to the Town. I don't know. Carl Spielman: MY question really gets to this - I believe there was an easement given by Mr, Posillico to develop these four lots. Now, if that is, in fact, the case and the roads are now owned by the Town, does the Town now have to consider access or how that access is run into the development? Because as it is shown, it appears that this easement from Mr. Poscillico only allows vehicles to exit east out of August Lane onto Bayshore Road which, in reality, is not going to take place because if that road is op~ned up, you will have people coming all through the August Acres development in every different direction. Chairman Orlowski: Well, if the Town did own it, everybody has access over Town roads - everybody. Carl Spielman: Well, we understand that part. I am just really concerned with how the road access is drawn now. It was really based on the premise that an easement would only be allowed off of Bayshore Road. Chairman Orlowski: And, being as he is the owner of all the properties and if he has control of the road, he would allow that for these lots. If the Town owns that road, you still can go on Town roads to get around town. There is no different control for them. Carl Spielman: The other question I have, really, is on the plan, there no stop sign that is shown coming out of this proposed development, entering on to August Lane. My concern is my living room, basically, is in a straight line from that road and there is nothing that really is go.lng to stop vehicles if they don't stop at the intersection from coming really right into my property. Patricia Moore, Esq.: We can show him the stop sign. Carl Spielman: I see the stop sign I just don't see it as a very safe traffic situation not having people have to stop before they enter that road. Presently, there are no stop signs in that corner area of August Lane. I believe the last thing is this issue of natural versus landscape buffer. You know, just directly across - why is it that there are natural buffers in all the other areas yet there is a landscape buffer only on that one side? Chairman Odowski: The Board thought planting something - that is all scrub vegetation or natural vegetation. This was a farm not too long back. It was all farm land and could be wide open. In the approval of a subdivision like this, we would ask for street trees or something to be planted. In this case, we asked for the buffer around the edges and on the front by the road to be planted and some type of landscaping. We're going to block it off just to make it look better. That's all. Southold Town Planninq Board Page Eleven August 12, 2002 Carl Spielman: Well, it looks fine now, I guess from my standpoint as a personal one, looking out at it as a natural field, actually, it is a quite pleasant sight. I would think landscape buffer means that landscapers will be there cutting the grass and leaf blowers and all the rest of that stuff maintaining that. So, my concern is why can't it remain as a natural buffer. Chairman Odowski: Well, it will be landscaped and should look a Iot better than the way it is right now. I mean I can't - Cad Spielman: I think it looks fine right now. I understand this is rather a sensitive environmental area. If the plan is to try to preserve as much eco system and environment as possible, really putting a landscape buffer there will allow the builders to clear from the road back to where ever the home is and then to come back and to plant. You have, like you said, almost twenty years worth of growth and environment in there now that will be allowed to be torn up and taken out with this landscape buffer. Chairman Orlowski: Well, we will have to see what the owner is going to do there. It is a sensitive environmental area but so is the whole Town of Southold and the Board felt that~ if we Can get thirty plus acres in four lots, that is not a bad density to live with. What coald be there is a lot - it could destroy it. Hopefully, we already have a gentleman that has a small vineyard going in there now and maybe others might want to do the same. But it should stay in a more natural state, I think, but we can't control what a landowner can do with his land. O.K.? Joshua Rubin: Josh Rubin, again, you can't now control what a landowner will do with his land but I think one of the issues that will be looked at through the moratorium, I assume, is whether - just to address that issue - as to how you can restrict what happens to land that's bought by somebody so that's what we ought to be doing. I think everybody agrees that's what we ought to be doing. But I want to talk about - or ask about - this situation with the roads because it seems very unclear. Tony Poscillico has solU most of those homes. He owns only one of them, at this point, and so that deyelopment is sold and those roads, if they are not the Town's roads, are the problems of ~he August Acres Housing Association, right? And the August Acres Housing Association, which has some land that is contiguous to this, as far as I know, did not get any notice of this and maybe it is in your package of certified mail but I didn't get any notice of this. We have August Acres, as an entity, has land that borders on the part that has the pond so I don't believe that they got any, as far as I know, but you can check and see. But, if it is August Acres that has to decide about this easement which was granted by Poscillico when he owned it - if he doesn't own it any more, then that easement is for somebody else to address, dght? It doesn't go down, you know, in pe[petuity does it? If Poscillico doesn't own that anymore and if he is not controlling the roads anymore, that's not his easement to give anymore, is it? Chairman Orlowski: Well, that would be a legal question for your homeowners association. I don't know if there is one yet or there isn't. Southold Town Planninq Board Pa.qe Twelve August 12, 2002 Mr. Rubin: There is a homeowners association but, as I said, I don't believe that they were given notice of this hearing. Chairman Orlowski: DO you pay to maintain those roads? Mr. Rubin: We pay a fee to the association. I have no idea who is maintaining the roads. You see how confused everybody is. We assumed the Town was because, after al!, the Town is sending the plow through and mowing the verges and doing all kinds of thiOgs like that and even repairing the roads which continue to fall apart every time there i~ a rain storm. But whose it is - it could be the association; it could be yours to give that easement or not and have you granted that easement? Chairman Orlowski: No. Mr. Rubin: Well then, I don't know how you could go ahead if you haven't granted the easement Yet. It may not be Tony's to give. Chairman Orlowski: Well, it still comes across as all part of the same land owned bY the same person and - Mr. Rubin: Who? Chairman Odowski: Mr. Poscillico. Mr. Rubin: But, he doesn't own it anymore. That is what I am trying to say. I mean, the place is all sold except for one house. He owns one house. Chairman Orlowski: Well - Mr. Rubin: So, it may be yours. I would guess - if I had to guess - I would say thosel roads are yours and that you would have to give the easement. Patricia Moore, Esq.: Maybe we can clarify some of Poscillico's questions. Poscillico still owns the road. It has not been dedicated to any association. Poscillico granted an easement when the owners bought the property six years ago. He actually had the easement amended to allow them to put a stop sign on his road. That was done. Se, Poscillico is still, to our knowledge, the owner of the road. I know that they have trie,d to dedicate the road to the Town. For some reason, it was not accepted for dedication and I don't know the reason for that. Whether or not the Town has maintained it - somet mes a highway superintendent does that for emergency vehicle access and for the protection of everyone's health and safety. But as far as the Town is concerned, the last time we checked, it had not been dedicated to the Town and not been accepted for dedication to the Town. So, as far as we know, Poscillico is still the owner and we have easements - and continue to have easements - and they run in perpetuity., Mr. Rubin: It's kind of a public question. If those are not public roads, why are they Used as public roads? Southold Town Planning Board Pa.qe Thirteen August 12, 2002 Chairman Orlowski: Usually the developer takes charge of the roads until it is handed over to the Town or the homeowners association takes them over. You don't even know if the homeowners association owns them. We know that Mr. Poscillico still is responsible for them. He has granted access to this piece of property over them. I know you have bought in there. I think that that is a legal question that the homeowners i association can address and Mr. Poscillico sometime but we can't address that on~ here. , Mr. Rubin: Just as a point of fact, was the homeowners association informed of th S headng? Chairman Odowski: Everybody in there was informed. Everybody. Mr. Rubin: What do you mean? Chairman Odowski: All the homeowners. Mr. Rubin: Everybody in August Acres was informed? Chairman Orlowski: Everybody that borders this property here. Mr. Rubin: That border it. Chairman Odowski: Yes. Mr. Rubin: Right but there is actually land held by the homeowners association. Mark Terry: There is a receipt that they received notice. Mr. Rubin: Thank you. Chairman Odowski: Any other questions or comments? Peter Whitney: Thank you. Peter Whitney. I am a homeowner on Bayshore Road, contiguous to the northeast parcel. Quickly, I just was wondering other than the buffers, are there any limitations - I am sorry if this is a basic question - are there any limit~ ~tions on where a house can be and also the size of houses that are on the property?. Chairman Orlowski: No, there aren't. We have the buffers. They will probably be si :ed somewhere on the property. There is not a building envelope on it. Peter Whitney: And size wise - Chairman Orlowski: That is strictly up to the homeowner. Any other comments? Southold Town Planninq Board Page Fourteen Auqust12,2002 Carl Spielman: I just have one last point concerning this issue of exactly who owns what. If all the involved parties were informed, that would mean that Mr. Poscillico still does own the road and he would have been informed referencing that. Do you know? Catherine Mesiano: I am Catherine Mesiano, the applicant's agent. A notice was s.~nt to Poscillico Construction Company who was listed as the owner of Lot 53-4-44.43 which is the tax map number of that property which is known as August Lane. Therefore, that indicates that Mr. Poscillico is the owner of the property that lies under the improved area known as August Lane. A notice was also sent to the August Acres Homeowr~ers Association, Inc. which was listed as the owner of Lot 53-4-44.40. We sent it. We have proof of our mailing. That is as far as our obligation goes. Whether it was picked up~ from a post office box, you know, we can't control that but the mailing was done. So, I do know that the mailing was made to those properties and I would just like to say, in respect to the gentleman in the back who spoke about size and placement, etc., that which will dictate is the Town's own code that sets forth the setbacks from the front, rear and side yards and the size of the improvements is dictated by the lot coverage ratios that are allowed in that zoning. Unidentified Speaker: Is it set back from the line of the property?. Ms. Mesiano: It is set back from the property lines. Unidentified Speaker: The property lines? Ms. Mesiano: Right. So you are going down buffers within the property line, they are going to be a physical barrier, if you will, between this property and the adjacent properties. naudible Comment from Unidentified Speaker Catherine Mesiano: No, the property line is what dictates. That is the point from wh the set back is measured. The buffer area is within that setback line. Are there any gray areas that I can help to clarify? Chairman OrlowSki: Any other comments? ch )ther Carl Spielman: I just want to follow up with this. Really as far as - if the Planning Board is comfortable with whoever it is that is able to grant the easement at this po,nt ~n t~me, that is fine but I just don't feel comfortable with the fact that we are not exactly sureiwho is able to grant this easement at this time. Does the Town own the road? Is it August Acres? Is it just a matter of where this file happens to be in the Town at this point ini time that is allowing it to go at this point? If you're comfortable with who owns the road and who is able to grant the easement, then that's fine because then you can just go aleng with the easement. Chairman Orlowski: Any other comments? Southold Town Plannin.q Board Pa.qe Fifteen Au.qust 12, 2002 Rosalia Joya(sp.?): My name is Rosalia Joya and I live on Island View Lane. The north part of our property abuts the property in question. I am not the original owner. My garage is located three feet from the property line of the new development. I am concerned about the buffer. Does a natural buffer mean that the owner cannot uprOot, mow, cut, trim or do anything fifty yards from the property line - fifty feet? i Chairman Orlowski: Yes. , Rosalia Joya: Suppose there is a disease or a drought that causes all that foliage, ~tc. to die. That means there is no longer a natural boundary and the owner of that property does now have to put uP trees and shrubs to replace it - correct? · Chairman Orlowski: It just stays natural. Rosalia Joya: It stays natural whether it's full grown and thriving or it's faro. Perha ~s we can increase that natural buffer since my garage is three feet from that boundary p~. Three feet is not a lot of - only at one point - but three feet is not a lot of room fror~ he set backs that might develop in that area. Chairman Orlowski: Now you have a total of fifty-three feet. Rosalia Joya: Fifty-three feet is not much. I am requesting an increase in the buffe~ zone. Let me ask the gentleman on Conklin Lane - how far from your property line !s the property line? Where is it divided - two feet? Three feet? Six feet? Unidentified Speaker: The side yard - the side of my house - the side yard is 6.8 f%t away from the property line, Rosalia Joya: He has six feet. I have three feet. Pretty close. Thank you. Chairman Orlowski: Any other comments? Hearing none, any comments from the Board? Mr. Caggiano? Richard Caq.qiano: I would just like to address the comment made by the lady concerned about the environmental issues which we are all concerned about and you are right, initially there was suppose to be a clearing of only five acres and, subsequently, that changed. Well, subsequent to that, we had a review done - an environmental review. The plan was resubmitted and was sent to our consultants to review and they thought that it was in keeping with what we are trying to do and, therefore, that issue had been addressed - the change from 5 acre clearing to wha! it currently is. So, it has been addressed and so that was done in, I believe, May of 2002. So, it was done recently. So, it is not a six-year-old plan that has just been carried ,)ver for six years. I hope that can answer some of your questions. Unidentified Speaker: Thank you. Chairman Orlowski: Mr. Cremers? Southold Town Planninq Board Pa,qe Sixteen August12,2002 Mr. Cremers: None. Chairman Orlowski: Mr. Edwards? Mr. Edwards: None. Chairman Orlowski: Hearing no further questions, I will entertain a motion to close the hearing. Mr. Cremers: So moved. Mr. Edwards: Second. Chairman Orlowski: Motion made and seconded. Any questions on the motion? Alii those in favor?. Ayes: Mr. Odowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards. Chairman Orlowski: Opposed? The motion carries. Does the Board have any pleasure? WHEREAS, this proposal is to subdivide a 30.62 acre parcel into 4 lots; where Lot equals 7.58 acres; Lot 2 equals 7.581; Lot 3 equals 7.884 and Lot 4 equals 7.582 acres; and WHEREAS, the Planning Board had determined that the scope of proposed development as previously submitted had changed; and WHEREAS, the Planning Board has requested that the applicant revise the Long Environmental Assessment Form submitted on December 26, 1996 to incorporate the changes; and WHEREAS, the applicant has submitted a revised Long Environmental Assessmenl Form, dated May 20, 2002; and WHEREAS, the Southold Town Planning Board as lead agency re-initiated the SEQiR coordination process for this amended, Unlisted Action; and WHEREAS, the applicant has amended the application to mitigate most suspected adverse impacts; and WHEREAS, the applicant has provided a valid grant of easement dated July 23, 1997 granting ingess and egress over August Lane from Bay Shore Road; be it therefore I Southold Town P annin.q Board Page Seventeen August 12, 2002 RESOLVED, that the Southold ToWn Planning Board, acting under the State Environmental Quality ReView Act, Part 617, Article 7 makes a determination of non- significance and grants a Negative Declaration on the amended application. 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. Chairman Orlowski: Opposed? The motion carries. Mr. Cremers: BE IT FURTHER RESOLVED, to adopt the revised Bond Estimate in the amount o $47,275.00, dated March 29, 2002, as determined by the Town Engineer, and recommend the same to the Town Board. Mr. Edwards: Second the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? Alii those in favor?. ' Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards. Chairman Odowski: OppOsed? The motion carries. Mr. Cremers: BE IT FURTHER RESOLVED, that the Southold Town Planning Board grant conditional final approval on the maps, dated as revised May 14, 2002, subject to the following conditions. These conditions must be met within six (6) months of the resolution: 1. The submittal of the $20,000.00 Park & Playground Fee ($5,000.00 for each unimProved lot) to the Planning Board Office. 2. The filing the Declaration of Covenants and Restrictions with the County Clerk's Office prior to any endorsement of the final plat. A notation is to be placed on the final plat that a Declaration of Covenants and Restrictions I~as been filed in accordance with the Planning Board's requirements. The notation is to include the liber and page number of the recorded documeOt. 3. The submittal of a performance bond in the amount of $47,275.00 and an Administration Fee of $2,836.50 as determined by the Town Engineer March 29, 2002. 4. Add the lot number to the map following the section and block number. 5. The submittal of the five paper maps and two mylar maps, dated May 14,] 2002, with a valid Department of Health approval stamp. Southold Town Planning Board Page Eighteen August12,2002 6. The deed, dated October 28~h, 1996, has been verified by Tax Assessors Office to match the survey, dated May 14, 2002. The deed, dated Apd111, 2000, does not match the survey. Please verify and submit the applicable deed as surveyed. Mr. Caggiano: 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. Chairman Odowski: Opposed? The motion carries. Sometimes it is not easy sitting here and subdividing land, which I have been here for over twenty years doing. And I was here when it was one acre and then it was two acres. We looked very, very, hard at this property for the last six years that is surrounded by very, very, small lots, that is in a subdivision with one acre lots and the Board thought it was a very good deal to get seven plus acre lots - only four of them in here. We did our best to be sensitive to the environment and I think we have a goo(~ deal as to what it could be and what we got. It is not easy to do it but sometimes we~ have to. I just hope that you all aPpreciate the four lots that you are going to have down there and those neighbors you all get along and have a good time. Thank you. Chairman OrlOwski: 6:05 p.m. - Perino, Joseph - This proposed major subdivision Is for 7 lots on 20.8211 acres. The property is located on the south side of Main RoaS, 150' west of Sigsbee Road in Mattituck. SCTM#1000-122-7-9 Are there any comments on this proposed major subdivision? Charles Cuddy, Esq.: Mr. Chairman, Members of the Board, I am Charles Cuddy; I represent the applicants. Not elaborating to a great deal at this point, I would just like to say that, not only have we complied with the Boards request, but I have here a check for the engineering fees based upon the performance bond estimate by the Town Engineer. The covenants are prepared to be recorded. I believe that we have done everything that the Town has asked us to do. We agreed at the last Work Session t¢ slight modifications that we will put on the map. I would ask that you approve this application. Chairman Orlowski: Any other comments on this subdivision? We have not received any changes on the map that you were going to give us. Charles Cuddy, Esq.: You didn't ask for a map. You said wOuld we agree to such i changes and I said, yes, we would agree to the changes. The changes had to do with a Southold Town Planning Board Paqe Nineteen August 12, 2002 set-back and we said, yes, we would agree to those changes and we did. I don't believe I was aSked for a map. Chairman Odowski: I believe at our Work Session you said you could get that and put it on a map. Charles Cuddy, Esq.: I said we would do that. No one said to us that we had to haye it on there. It simply involved the road that we had already agreed to. Chairman OrlOwski: It is not easy to approve something that is not in front of you wi~h thoSe changes. ; Charles Cuddy, Esq.: Those changes had to do with simply set-back on two lots and you said would we agree to that and I said, yes, we would. Mark Terry: There were some road issues congregating the road. Lot 6 and Lot 7 need to be condensed into one road. Charles Cuddy, Esq.: You asked us if we would do that and I said, yes, there was no problem. Mark Terry: Right, but it is still not on the map. Charles Cuddy, Esq.: If you want it on the map, we will be happy to put it on the maip as well, if it's subject to that. We certainly do not have any problems with it. You asked me and I said yes .... (inaudible). And no one said to me produce a map. And I understood that we would do that and it would be part of our approval. Mr. Caggiano: It is pretty hard - it's difficult - to prove something that is not in front o~ us and I did not know that we would have to explain that something should be on the map before us in Order for it to be approved. , Mr. Cuddy: Mr. Caggiano, if someone had wanted that, it could have been put on, Dut no one said to me this is necessary in the next six days to produce a map with these on it. There were just two set-backs and the question of a common driveway and that Was fine and we did not have any problem with it. Mr. Ca.q.qiano: I guess my response would be, then, why didn't you do it? Mr. Cuddy: Because I did not think it was necessary for tonight. If someone had said to me you wanted that done, it would have been done. I don't have a problem with it. I would have gone to Mr. Young and had it done. That's why we didn't do it. He did not know that we were expected to have this done either. We certainly agree to it; it's not a problem and certainly it can be part of the condition of approval. It is not on there. You just indicated conditions on another map. We are going to put it on. Southold Town Planning Board Page Twenty August 12, 2002 Chairman Orlowski: I kind of thought that, after that Work Session, that's what you Were going to do - go back and change it and bring it in with you. Chades CuddY, Esq.: At the Work Session, I sat there and you said to me there are some things we would like to add and I said fine, we can add those to it and we will!. There was no indication that the map had to be completed. They are very simple things - there two set-backs and you asked that they be increased and we said, yes, they would be increased. And you asked that one drive beCome a common drive and w~ said yes, we would do that. You have a map and subject to those changes...(inaudible). Mr. Chairman, I wOuld also point out that this applicant has been here six years also ar d, as you know .... (inaudible) on this parcel and there is no one opposing this applicatior'. And, certainly after six years, when I have been coming regularly to the Board, ther 9 is nothing that we haven't agreed to and everything we have been asked to do, we hi ve done. Chairman Odowski: YOu still need to clarify that - coming regularly to the Board - we have not seen you in a long, long time. Charles Cuddy, Esq.: No, I have been here the last five months - I have been here on this application many times and, as you know, this applicant had very, very serious ! sickness and bad health problems in his family which deterred him from going ahead for two or three years. Chairman Orlowski: There are not enough votes here to pass this tonight. O.K.? I mean, we have to have a map that's - they are not going to vote on a map with all kinds ofi conditions that we want to see on here. We discussed it and I kind of assumed thatlyou were going to bring it in. ~ Chades Cuddy, Esq.: We discussed it seven days ago and you said to me at that period when I was here at that time that we agreed to these and we went down the list of three things and I said yes, yes, yes. No one, since that time till this very minute, said to me where is the map? No one said to me produce a new map for us because you're going to have two set-back changes and a common driveway. We have no problems doing that. We agreed to it. We agreed to it then; I am on the record now. We are agreeing to it now. There isno significant change to the map, which is this map. The lots stay the same, the setback on two lots changes and the driveway changes. And that is all that changes. The map itself - the design of that map - is essentially the same. Chairman OrloWski: I don't have the vote. Charles Cuddy, Esq.: Mr. Chairman, may I just point out to you that in the prior resolution, we indicated that there was a question as to the survey ...(inaudible), and~ yet, you made it subject to. I can't understand how three minor items cannot be inclUded in the resolution that would be subject to because that map also had a question. If this map had a question and, when there is that serious a problem, I would have thought somebody would have said to me we need the map by next week. There was no indication whatsoever. Southold Town Planninq Board Page Twenty-One August 12, 2002 Chairman Orlowski: I have to tell you, I assumed that that was what you meant when you said yes. Charles Cuddy, Esq.: You asked me Jf I agreed and I said, yes, we agreed and if somebody had said to me better show him on the map by next Monday, we would have done that. We are talking about, from seven lots, two setbacks have changed at your request because the Town Engineer, last Monday, decided after months, that we should be set back further than we were because he viewed it as front yard. And we said, ~es, we will do that. I don't understand how that would stop you from approving this tonight, knowing that we agreed to it. I can't understand how, if it was that important a question, no One said to me at any time, including to this minute, we need that map in front of us or we can't do that. Chairman OrlOwski: Well, I was naturally assuming when you said there is no problem here, that we would be seeing maps. O.K.? That's what I thought. Mr. CuddY: But, since that was an assumption, it's unfair that this is happening. It has been here for six years. You say to him we can't do this now and tomorrow there is! probably going to be a moratorium. This is an applicant who wants to build houses for himself on this parcel and he is trying desperately to get ...(inaudible) to do that and you withhold that. Even months ago. you said that's ...(inaudible). I can't - if that was sdch an issue, it could have been resolved. I could have, I guess, got them to do it in a Week. Maybe I could have gotten them to do it. No one said to me it was very important to get thiS done. And I could not understand that issue stopping you from doing approving tonight because that's all this boils down to -just that the setbacks are moved hereland that there is a common driveway in the last two lots. And that's all there is. Chairman Odowski: There are a lot of marks on this map and I don't have the vote~ to pass this map tonight. Mr. CuddY: I would like to point out to you that are a lot of marks on the map. The map ...(inaudible) to you and maybe somebody should have done that because then Wei could have been aware that there should be things done but things that you askedlme about, were three in nature and I agreed to each one of those and I don't understar~d whY that Can't be part of the resolution. Since we are willing to do it, and since you ! woul,d be voting subject to our subm?ting a map that was acceptable to the Board, i what s the problem doing this? I can t understand why the Board Members would find the reluctance to say, yes, we know you have agreed to it; we have before us what We want and your map must agree to that. We are willing to do that. We have never sa!d no that we know of. ' Chairman Orlowski: I don't have the vote. Charles Cuddy, Esq.: Mr. Chairman, may I ask this Board - because I have been hare many times - why this has become that significant in light of the fact that you have ~ map that shows everything that you want except for those two items really - two set4 Southold Town Planning Board Page Twenty-Two August 12, 2002 back lines and a common driveway. That is what was asked for and that is what was asked for. Why is that so significant that we can't pass it? Chairman Odowskh Well, the Board feels it just has not been a practice to adopt a map that does not have everything on it. I mean, thero is more than just one item on hero and we don't have a map. Thero will De an appeals process if they do anything tomorrow. You can probably fit into it. Charles Cuddy, Esq.: I don't want to be in the appeals process. My client, I believe, has complied with every single request that the board has made. If the Board was that i adamant that we should have a map here today, somebody could have called my office because you knew we did not have a map this morning. And a call was made to my office about other things but they never got this. I think it is unfair to my client and it is unfair to me to not have said this has to be here because we don't have this and we can't do this and we are having a whole public hearing, no one is opposing it and thee opposition becomes the Board, at this point, saying to us you can't do it although we really did not tell you what we meant. Because no one did tell us that. Chairman Orlowski: I think you have been around a long lime knowing that we always use a map to have a public hearing. I think we extended ourselves by going to publico hearing and, when we had our conversation, thought there would be a map here tonight. I think we all thought that. You know that we have never gone into a public hearing without a proper map. Charles Cuddy, Esq.: I have a map that's there that you have that needs three mino~r modifications and I have said it before to you that I don't understand why that presehts this problem. Let me ask you a question - since the map is so important, though I did not know how important until this moment, can I bring that map to you and you will have a Special Meeting to approve this? Because there is no reason not to - all you are saying today is, the reason we can't approve it, is because we physically do not have this map and the three changes. Why can't you then approve it at a meeting where I,can get you that map? That's what you are talking about. You are saying to me this is the problem, there apparently is no other problem. We have not only paid our fees, we Rave put up a bond. We have done every single thing that has been asked of us - ahead of time. We put up a bond ahead of time. We paid the fees ahead of time. I have a chbck for the engineering fees. It was just calculated last week. Every single thing that you have asked us, we've done. We've done that before other people. Vir[ually no conditions are approved and, if this Board got that map, it should be able to approve it. And that has been done before. , Chairman Odowski: I don't have the votes. I am sorry. I do not have the votes. If want me to take a vote, I will take a vote but I don't have the votes. Charles Cuddy, Esq.: The vote would reject the map because those things were not bn it? Is that what it would be based on? Chairman Orlowski: Well, a tie vote would just leave it dead until the next time. Southold Town Plannin.q Board Page Twenty-Three August 12, 2002 Mr. Cuddy: You won't have a meeting to approve this? Chairman Odowski: Not right now, I mean, when we have the maps in. Mr. Cuddy: I can get the maps in probably two or three days. I have to go and say to them produce the maps and then I will hand them to you. Chairman Odowski: I don't know what I can do in two or three days but I will do everything that I can. Mr. Cuddy: This applicant - this is, indeed, a sad moment because if it were so significant to have this, somebody could have said it. To not to have said it and now to assume that we were supposed to do something, is really just unthinkable. And after s~x years, to say we are down at the end, we really did not quite get there because., ...(inaudible) is unfair to any applicant and this one in particular. I will get you the m!aps and I will ask you to meet and approve those maps. Chairman Orlowski: Right now, I will just entertain a motion to hold this hearing ope~ then. Mr. Cuddy: Well, at that point, I will assume that I will get you the maps and you caa approve them. There is no one here opposing this. Chairman Orlowski: I am going to entertain a motion to hold this hearing open. Doe~ anyone else have any comments? Mr. Cuddy: Since you have that map, may I have the map so I can show it to the surveyor?. Chairman Orlowski: Yes, Mark will get that for you probably in the morning. Mr. Cuddy: I am going to have that tomorrow morning? I want the surveyor to put - you are asking the surveyor to do something and I want to be able to be to show him what is on the engineering report. Chairman Odowski: You have the engineering report. Mr. Cudd¥: No, I don't have the engineering report. I haven't gotten the engineeringi report. You read that to me. And, basically, to put anything on a map would have bben somewhat difficult. I don't have the engineers report and I don't have the ...(inaudible). Chairman Orlowski: Weil I can give you this engineering report. That's the one we r~ad to you at the meeting and you said there was no problem so - Chades Cuddy, Esq.: I did and we agreed to make those changes but not having had it makes it a little bit harder to ...(inaudible) on the survey. Southold Town Planninq Board Pa.qe Twenty-Four Auqust 12, 2002 Chairman Odowski: I know. That's why we never have public hearings unless we have a map. Mr. Cuddy: Well, all somebody had to say was that and we would have ...(inaudible). Chairman Orlowski: I assumed that you knew that. I will entertain a motion to hold ~he hearing open. Mr. Edwards: So move. Mr. Cremers: Second. Chairman Odowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards. Chairman Orlowski: Opposed? The motion carries. Chairman Odowski: 6:10 p,m., John J. Koroleski - This proposal is to set off a 1.988 acre parcel from an existing 69.964 acre parcel. The Town of Southold has purchased the Development Rights on 63.976 acres of the 69.964 acre parcel. The property i,,; located on the north side of Sound Avenue in Mattituck. SCTM#1000-112-1-9.1,12 ;)-2-4 and 120-6-1 Are there any comments on this proposed set-off? Charles Cuddy, Esq.: That set-off has also been delayed somewhat. That is because the attorney who has been handling it died burl assume that everything is in order!at this time and that there should not be a problem with this one. Chairman Odowski: Any other comments on this? Hearing none, any questions from the Board? (There were no questions from the Board.) Hearing none, I will entertain a motion to close the hearing. Mr. Edwards: So move. Mr. Cremers: Second. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor?. Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards. Southold Town Planninq Board Paqe Twenty-Five August 12, 2002 Chairman Odowski: Opposed? The motion carries. (The hearing was closed at 7:2:2 p.m.) Mr. Cremers: Mr. Chairman, I'll offer the following: WHEREAS, The Town of Southold purchased Development Rights on 63.976 acres of the 69.964 acre parcel on May 29, 1996; and WHEREAS, the Development Rights were left intact on two separate areas of the parcel (a 4,0 acre area and a 1.98 acre parcel); and WHEREAS, the Town of Southold Planning Board granted sketch plan approval od April 5, 1999 on the map dated March 8, 1999; and WHEREAS, the Planning Board, pursuant to the State Environmental Review Act, (Article 8), Part 617, made a determination of non-significance and granted a Nega~tive Declaration on May 3, 1999; and WHEREAS, the Suffolk County Department of Health granted approval of the ~ application on May 17, 2002 on the maps dated November 11, 1999; be it therefore RESOLVED, that the Southold Town Planning Board grant conditional final approval on the maps, dated November 11, 1999, subject to the following condition: 1. The submittal of the $5,000.00 Park and Playground fee ($5,000.00 per vacant lot). Mr. EdWards: Second. Chairman Orlowski: Motion made and seconded. Any questions on the motion? Ail those in favor? Ayes: Mr. OrloWski, Mr. Caggiano, Mr. Cremers, Mr. Edwards. Chairman Orlowski: Opposed? The motion carries. Chairman Odowski: 6:15 p.m. -A.qnes McGunni.qle- This proposal is to set-off a 3.02 acre lot from an existing 28.54 acre parcel. The Town purchased the fee title to the! remaining 25.52 acres for open space purposes. The property is located on the northeast corner of Bay View Avenue and Cox Neck Road in Mattituck. SCTM#1000- 106-6-14 & 20. Does anyone have any comment? Southold Town Planninq Board Pa.qe Twenty-Six August 12, 2002 David Olsen, Esq.: Good evening, I am David Olsen for the applicant. We have just received our final Health DePartment approval on Friday and we also recorded the covenant that the Planning Board requested on Friday. We are here for final appr°Val and if I can answer any questions, I will be happy to. Chairman Orlowski: O.K. Any other comments? Hearing none, any comments from the Board? (There were no comments from the Board.) Hearing no further questions, I will entertain a motion to close the hearing. 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. Chairman Orlowski: Opposed? The motion carries. (The hearing was closed at 7:24 p.m.) Mr. Edwards: Mr. Chairman, I'll entertain the following motion: WHEREAS, this proposed set-off is to set off a 3.02 acre lot (Lot #1) from a 28.54 parcel; and ~cre WHEREAS, the Town has purchased the Fee Title to the remaining 25.52 acres (Lot #2) for open space purposes; and WHEREAS, this property is located within the Low-Density Residential R-80 Zonin( District; and WHEREAS the Southold Town Planning Board granted sketch plan approval on November 5, 2001; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmer tal Quality Review Act, (Article 8), Part 617, declared itself lead agency and issued a Negative Declaration on November 5, 2002; and WHEREAS, all conditions of sketch plan approval have been met; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of So~thold have been met; be it therefore RESOLVED, that the Southold Town Planning Board grant final approval on the m~ps, dated December 4, 2001, and authorize the Chairman to endorse the final maps. Southold Town Planning Board PaqeTwenty-Seven August12,2002 Mr. Cremers: Second the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor?. Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards. Chairman Odowski: OpPosed? The motion carries. Hearings Held Over From Previous MeetingS: Chairman Orlowski: Ann Marie Goerler Revocable Living Trust - This proposal iS for both a set-off and a lot line change. The propoSed set-off is to set off an 80,000 sql ft. parcel from an approximately 38.7 acre parcel on which the development rights have been purchased by the Town of Southold on 36.39501 acres. The proposed lot line change is to subtract 21,597 sq. ft, from the 38.7acre parcel and to add it to an adjacent 1.641 acre parcel. The parcels are located on the southwest corner of Cox's Lane & the LIRR Property in CutchogUe. SCTM#1000-96-3-3.1 & 4.1 Are there any comments on this set-off proposal? Ron Goerler: I am Ron Goerier, Trustee of the Ann Marie Goerier Trust, Cox Lane Cutchogue. I believe the Board has all the papers necessary to come to a conclusibn on the matter. The maps are finalized, certification, and so on and we look forward to ~a ...(inaudible) conclusion. Chairman Orlowskh Thank you. Any other comments? Hearing none, any questionis from the Board? (There were no questions from the Board.) Chairman Orlowski: Hearing no further questions, I will entertain a motion to close :he hearing. Mr. Edwards: So move. Mr. Cremers: Second. Chairman Orlowski: Motion made and seconded. Any questions on the motion? Ali those in favor?. Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards. Chairman Orlowski: Opposed? The motion carries. Mr. Caqqiano: Mr. Chairman, I'll offer the following: SouthOld TOwn P annin.q Board Page Twenty-Ei.qht August 12, 2002 WHEREAS, Ann Marie Goeder Revocable Living Trust holds title to the property known and designated as SCTM#1000-96-3-3.1 & 4.1 on Cox's Lane, Hamlet of CutchogUe; and WHEREAS, the applicants propose to set off an 80,000 square foot (Lot 2) from an approximately 38.7 acre parcel; and WHEREAS, the proposed lot line change is to subtract 21,597 square feet from a 3,8.7 acre parcel and to add it to a 1.641 acre parcel (SCTM# 1000-96-3-3.1 ); and WHEREAS, the Town of Southold purchased the Development Rights from 36.39~01 acres on Lot 1; and WHEREAS, on July 10, 2000 the Planning Board granted sketch plan approval on ithe map, dated June 28, 2000; and WHEREAS, the Planning Board, pursuant to the State Environmenta Rev'ew Act, i (Article 8), Part 617, made a determination of non-significance and granted a Negative Declaration on July 10, 2000; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of So~ ~thold have been met; be it therefore RESOLVED, that the Southold Town Planning Board grant final approval on the m~ps, dated June 28, 2000, and authorize the Chairman to endorse the final surveys. ~ Mr. Cremers: SeCOnd the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? Al! those in favor?. Ayes: Mr. Odowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards. Chairman Orlowski: OPposed? The motion carries. Chairman Orlowski: Robert Schreiber - This minor subdivision is for 4 lots on 47.4 acres. Development Rights will be sold on 32.27 acres, The property is located on the north side of Oregon Road, west of AIvah's Lane in Mattituck. SCTM#1000-95-1-4 Any questions on this minor subdivision or comments? Hearing none any questions from the Board? (There were no comments or questions from the Board.) I will entertain a motion to close the hearing. Mr. Edwards: So move. Southold Town Planninq Board Paqe Twenty-Nine August12,2002 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. Chairman OrlowSki: Opposed? The motion carries. What is the pleasure of the Board? Mr. Cremers: Mr. Chairman, I'll offer the following: WHEREAS, this proposed subdivision is for 4 lots on 47.4 acres on the north side ef Oregon Road, west of AIvah'S Lane in Mattituck; and ~ WHEREAS, Development Rights on 32.27 acres have been sold to the Town of Southold, and WHEREAS, on December 19,1999 the Planning Board granted conditional sketch plan approval on the map, dated December 5, 2000; and , WHEREAS, the applicant has received approval from the SUffolk County Department of Health; and WHEREAS, the applicant has met all the conditions outlined in the sketch plan approval; and WHEREAS, the Planning Board, pursuant to the State Environmental Quahty Rewew Act, (Article 7), Part 617, performed a review of this unlisted action, made a determination of non-significance and granted a Negative Declaration on January 8, 2001; be it therefore RESOLVED, to adopt the revised Bond Estimate in the amount of $68,590.00, andI the Administration Fee of $4,4115.40, dated August 1,2002, as determined by the Town Engineer, and recommend the same to the Town Board. ~ Mr. Edwards: Second the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? Alli those in favor? Ayes: Mr. OrloWski, Mr. Caggiano, Mr. Cremers, Mr. Edwards. Chairman Odowski: Opposed? The motion carries. Mr. Cremers: Southold Town Planning Board Paqe Thirty August 12, 2002 BE IT FURTHER RESOLVED that the Southold Town Planning Board grant conditional final approval on the surveys, dated July 23, 2002, received by the Planning Board ~n July 31,2002, subject to the following conditions. The conditions must be met with!n six (6) months of the resolution: 1. The Planning Board reviewed the park and playground requirement. As per Section 106-38 of the Subdivision Regulations, the amount to be deposited with the Town for park and playground services is now $5,000 per lot for ~ach vacant lot in the subdivision. A park and playground fee of $15,000 will b~ required prior to any endorsement of the subdivision by the Planning Boalrd. 2. The Town Engineer is requiring a covenant stating that the extension of the road for turmaround purposes that continues onto Lot 1 remain free of obstructions or gates that would infringe upon the use of the road. The filing of the amended Covenants and Restrictions and the Road Agreement with the Suffolk County Clerk. The final map must contain a notation that a Declaration of Covenants and Restrictions as required by ithe Planning Board has been filed. The notation must include the Iiber and p~ge number of the filed document. 4. A copy of the Declaration of Covenants and Restrictions that was recordbd as part of the Health Department approval must be submitted for the Planning Board's records. 5. The acceptance of the bond estimate, dated August 1,2002, by the Towh Board. 6. The submittal of (2) mylar maps and (5) paper copies with Department o' Health Approval. Mr. Edwards: Second the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? Alii those in 'favor?. Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards. Chairman Orlowski: Qpposed? The motion carries. Chairman Orlowski: Nextel Communications - This proposed site plan amendment is to affix a new wireless antenna to an existing monopole and install a related equipment shelter on 1.05 acres of property located on the north side of CR 48, 750' west of Cox's Lane in Cutchogue. SCTM#1000-96-1-19.1 Southold Town Plan'nin.q Board Pa,qe Thirty-One August12,2002 Does anyone have any comment while this hearing is still open? Hearing none, any comments from the BOard? (There were no comments from the Board.) I will entertain a motion to close the hearing. Mr. Edwards: So move. Mr. Cremers: Second. · i Chairman Orlowski: Motion made and seconded. Any questions on the mot,on? AII~ those in favor?. Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards. Chairman Orlowski: Opposed? The motion carries. What is the pleasure of the Board? Mr. Edwards: Mr. Chairman, I'll offer the following resolution: WHEREAS, Nextel Communications is the lease holder and Arthur Junge is the o~ner of the property known and designated as Nextel Antenna Site, located on the north side of CR 48 in Cutchogue; and WHEREAS, this site plan for Nextel Communications is to affix a wireless · i telecommunications antenna to an existing monopole and install a related equipment shelter; and , WHEREAS, this site plan was certified by the Building Department on August 12, 5002; and WHEREAS, the Town Engineer has reviewed the drainage calculations and the Planning Board has accepted his recommendation for approval; and WHEREAS, the Southold Town Planning Board has determined that this action is a Type II Action and not subject to review under the State EnvironmentalQuality' Re¥~ew" Act, (Article 8), Part 617; and I WHEREAS, a variance was granted by the Zoning Board of Appeals on July 25, 2002 to allow the placement of an equipment building at less than the required 70 feet fron the rear property line; and WHEREAS, a final public hearing was closed on said application at Town Hall, Southold, New York on August 12, 2002; and WHEREAS, all the requirements of the Site Plan Regulations of the Town of Soutl ~old have been met; be it therefore Southold Town Plannin.q Board Paqe Thirty-Two August 12, 2002 RESOLVED, that the Southold Town Planning Board grant final approval on the surveys, dated May 22, 2001 and last revised August 22, 2001, and authorize the Chairman to endorse the final surveys subject to a one year review from the date of building permit. 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. Chairman Orlowski: Opposed? The motion carries. Chairman Orlowski: ISland Health Proiect, Inc. - This proposed lot line change is io 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. I will entertain a motion to hold this hearing open because we have heard nothing. Patricia MoOre, Esq.: ...(inaudible). Mr. Cremers: I make a motion to keep this hearing open. Mr. Caq.qiano: Second. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor?. Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers. Mr. Edwards: I abstain for reasons previously stated. Chairman Odowski: Opposed? The motion carries. the Chairman Orlowski: BaXter Sound Estates - This proposed minor subdivision is for 2 lots on 4.65 acres. The property is located on Oregon Road, west of Bridge Lane in Cutchogue. SCTM#1000-72-2-2.1 This hearing was held open a lot of questions have been asked and answered I believe and now we are listening: ' Southold Town Planninq Board Page Thirty-Three Auqust 12, 2002 Abigail Wickham, Esq.: Good evening, Gall Wickham for the applicant. Yes, we have had a lot of discussions regarding the provisions of the covenants and restrictions. trust that they are now to your satisfaction regarding the bluff planting plan and the timing of that. We have, as you know, final Health Department approval. We are prepared to post a bond for road construction as soon as we have a resolution in that regard and we have made application to the DEC to extend our jurisdictional letter with respect to the Article 25 ...(inaudible). If there is anything further, I will be glad to answer any questions. Chairman Odowski: Any other comments on this? Richard Lark, Esq., Main Road, Cutchogue, NY: When I was here in June before the Board, you held this hearing open subject to the neighbor which is in the middle. A~ you know, the Gallagher property is right in the middle. It is like a horseshoe of this two lot subdivision to get an engineering report and I am handing out the engineering repcrt which just was delivered to me the other day. I have never received the report of th ~ covenants and restrictions that the attorney is talking about - Miss Wickham is talki~g about - however, that report is quite simple and direct. He did not make it very complicated or long-winded and the Gallagher family, which is in the middle of the ~orseshoe, is certainly not interested in obstructing or preventing a conditional final approval but that final approval has to be in the covenants and restrictions especia ly in the hundred foot area - hundred foot back from the bluff. The engineer does cover [hat quite extensively. Also, we had a soil boring which the results are in that short repo which you do have. And he found in his report - I will just review it with you briefly- that we all know that the bluff there is excessively steep and he did find active erosion t ~king place as we speak there. He wanted the soil boring test all the way down to ground water for a specific result because he was having difficulty understanding why the erosion was not starting at the top of hill - a lot of the active erosion about eight to ten feet below and the soil boring test bore out that seven to twelve feet below, there i,~ a big clay surface there and what is happening is the water percolates down from the top, which is sand, and it stops at this area. Instead of going down, it goes lateral and eventually it finds its way to the edge of the bluff there. So, he did find this active erosion, which is conclusion that that was a part of the problem. O.K. Now, he made three simple things that should be included in these covenants which would be approved by the Board for the development - for the final approval - of the subdivision. Certainly, the conditional is o.k. The Town's zoning requires the hundred foot set-back s~ that goes without saying. But, he pointed out that the natural vegetation that goes there should be such that does not require watering and, therfffore, the covenants - because of the policing of this thing - the covenants should contaid, say, a list of the various species that could be planted there and that's what would be more or less restricted. The interesting thing is that - and the reason I bring up the police concept of it, of what would be done there - the interesting thing is that, in the contour maps and what he found, there is a slight elevation going to the southeast coming back from the bluff. He insists that, at ali costs, that that be maintained. He points that o~.t in his report so that no water will go over the bluff directly. Because of the sandy so ,I t w come back. He also recommends, which I will get to in a moment, a sand drain. The Southold Town Planning Board Page Thirty-Four Auqust 12, 2002 point being is that this thing should be spelled out because before the Trustees, there was an application, which is what got the Gallagher Family's interest. In that application from the Trustees, they show all sorts of things in that application. The application was made, apparently, in the name of the proposed buyer but they were going to re- landscape the whole thin§ and put grass and, actually, create some swales and when you look at their proposed landscape buffer, which was done by an architect, there was no sense at all of the sensitivity of that which led me to the conclusion that your SEQRA Determination of some eleven years ago was suspect. That is why I requested, and you gave, to get an engineering report to you that could look just specifically at this hundred foot area - not to obstruct the subdivision - because we have to assume that the houses will be built right at the hundred foot. You also have to know, having lived there in that area, that that hundred foot today - no matter what is done - will not be one hundred foot ten years from now. It will be ninety or some other such figure. He did recommend, which is probably a good idea but not unless it is up to the owner of the property, t~ put a bulkhead in at the bottom at the toe to stabilize the bottom and then to get a bench mark because the angle of repose there is quite steep and it is going to go back. SO, the hundred feet today will not be a hundred feet in a few years .... (inaudible) property owners have to take them but the Gallaghers interest is that there not be anythin! further to degrade that situation. Some other examples that we have on the bluff w ~ere they have put sheds, Swimming pools, accessory buildings - everything else that th ey can stick in there, even though the principle house was a hundred feet back. And ~ that proposal before the Trustees - which I know you haven't seen, they proposed cles lng the whole front of the bluff end with heavy machinery. And when you look at the sc boring with the sand level there, that is j,u, St going to aggravate the situation. Now, I know that that is not the applicants. That s who were ~oing to buy the property but, ne point of it is, is that you have to be result odented and thir~k what is going to happe ~. So, the three recommendations that he made, I don't think necessarily they have tc part of the coVenants and restrictions as a condition per se. Like one of the things I recommended there was a sand plug which was a good idea if you know what you doing. Basically, you take a crane and you dig straight doWn to the ground water a~ ~d then fill it With pure sand so that when the water drains, it goes right down tothe be ttom - it does not go laterallY out on the bluff. This has been done successfully in a few areas, I can show you examples of that because I was persOnally involved With it. ~ut, we don't think that the Gallaghers should tell you exactly What should or shouldn't I~e done there even though Mr. Gallagher has lived on the property personally since 1~940 .~.(inaudible) in those covenants and restri~ions. FOr example, they should be apPl.o, ved by somebody who really knows - or an entity that kn°Ws - what they are doing, wh~ther it be soil and water, as to the species and What can be done there, the fact that there should not be heavy machinery runn ng up and down next to the bluff, you know ~Jnd stuff like tliat. A hUndred foot Where they are going to build the house - that is not the issue we are talking about. We are tal,k, ing abOUt what is going to go between the I~ouse and the top of the bluff and, if you don t ~pell it out now - I can give you some exarflples within a mile of the property where it was not sPelled out and what s happen ng. A~d the ...(inaudible) is going to be the answer and I realize the BUilding Department wi be probablY charged With that but they've got to have a guide lihe and I think the guid~ line has to be set by thiS Board and I do think that you need some guidance from specialists be a )e are Southold Town Planning Board Page Thirty-Five August 12, 2002 in just what you have to do. I am not requesting that you hold up the conditional final approval of this. What the final approval should - those covenants and restrictions inthis hundred foot area should be gone over by somebody who is qualified and be amen~led. Now, the proposed covenants that the attorney said that she gave you, I have never seen. They could be wonderful but I wonder if you have had a specialist look at it. The Gallaghers went to the expense of having the soil boring to point out that there is a problem there. Common sense ...(inaudible) is a problem there and it was pointed put the last time because ...(inaudible) from the forties is situated halfway on the bluff and there is a ...(inaudible) covenants and restrictions should be gone over by somebo~ly who is a specialist that has experience in soil, water...(inaudible) and move on with it and it shouldn't hold up their final aPproval because that could be done - I know yoy have this moratorium over your head - that could be done while that is going on because you have given conditional final approval for the two lot subdivision. The rest of it - as to the right-of-way - that is all going to be done according to bond and Town regulatiOns and so on and so forth so that's not an issue. It is just up there what is !loing to happen. It is only going to get worse and all a good set of covenants will do is re1 ard it until the final angle of repose is set ...(i naudible) in the final analysis .... (inaudible) :hat engineer who had found extensive work that there is active erosion going on as we speak there and something really should be done before we start building houses. may ...(inaudible) something should be said so there are the guidelines that will ho up to the future and, of course, the Gallaghers are going to be the direct benefit because it will protect their land and they will have to abide by the same thing if they want to protect their property. That is the bottom line. Thank you for your time. Chairman Odowski: Thank you. Any other comments? Abigail Wickham, Esq.: Briefly, I would like respond because I do think we have already spent a lot of time doing what Mr. Lark is concerned about and asking that we do. We have prowded an eng neer's report, landscaping plan and Mark Terry s env ronme~tal review to address the bluff concerns and we have designed new covenants that, nbt only incorporated, specifically reiterate that the old covenants which restrict clearin,~ and certain activities remain, but further go on to expand on what can and cannot be done and how the timing of the bluff stabilization is to occur. Once - and we are, at this I~oint, at the SUbdiVisiOn stage - what the applicant may do, and may be applying for, is g?ing to haPpen at the next stage but the BOard is, under these covenants, retaining i jurisdiction to make sure that what their covenants require and their planning and t~eir timing mandate will be carried out and, if the applicant is asking for clear cutting and things and in front of the Trustees, I am not aware of it but I guess I will have to Io(,k at the covenants and some of the things that you have required before the Trustees ~)r anyone else gets an aPPlication. That is all I would like to say. Chairman Orlowski: O.K. Richard Lark, Esq.: My only comment on that is that I have no objection to what sh~ said except you have to keep in mind, with that seventy foot bluff that you have there, a mistake is irrevocable. So, that is why I think the time should be considered on thel covenant as to exactly the type of things that can or cannot be done and I don't think Southold Town Planning Board Page Thirty-Six Au.qust 12, 2002 sufficient expertise has been presented before this Board because this guy is a specialist in the area and this was just a quick report so that you would have it as a warning because it is irrevocable and the damage that is caused there due to the peculiarity of the place with the sandy soil and the clay condition mix. Chairman Orlowski: O.K. Any other comments? Hearing none, any questions from the Board? (There were no questions from the Board.) O.K. I will entertain a motion to close the hearing. 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. Chairman Orlowski: Opposed? The motion carries. What is the pleasure of the Board? Mr. Caqqiano: Mr. Chairman, I'll offer the following: WHEREAS, the proposed minor subdivision is for 2 lots on 4.65 acres in the R-80 Zoning District where Lot 1 equals 3.24 acres and Lot 2 equals 1.41 acres; and WHEREAS, this subdivision was granted conditional final approval by the Southold Town Planning Board on February 25, 1991; and ~ WHEREAS, the Planning Board had determined that the prior subdivision approval had expired; and i WHEREAS, a new application has been made; and WHEREAS, the Zoning Board of Appeals determined on January 24, 2001 that thc original variance of September 16, 1988 (Appl. No. 3744) was still valid; and ~ WHEREAS, the Planning Board has determined that since the two applications were identical, and a Declaration of Covenants and Restrictions with development restrictions was filed on March 18, 1991, the Negative Declaration is still valid; and WHEREAS, the Planning Board granted sketch plan approval on the maps dated December 20, 2000; and Southold Town Plannin.q Board Page Thirty-Seven Auqust 12, 2002 WHEREAS, the Planning BOard was concerned about the potential of erosion of the bluff from construction practices; and WHEREAS, Mr, Thomas Samuels, a registered Architect submitted a letter, dated July 8, 2002, to the Planning Board stating that the soil properties are "perfect bearing for typical 16" wide reinforced spread footings". Further, Mr. Joseph Fischetti, PE, submitted a technical report titled Baxter Sound Estates Minor Subdivision Analysis and COnclusions for the Effect of Residential Construction on the Adjacent Bluff which ~oes not identify any potential serious erosion concerns; and WHEREAS, the Planning Board has required that the applicants provide a planting jplan, dated July 17, 2002, for the face of the bluff to further minimize the potential of erosion; and WHEREAS, each owner is responsible for preventing storm-water runoff onto neighboring properties and down the face of the bluff; and WHEREAS, the Declarants shall acknowledge in writing to the Planning Board that'the creation of this subdivision in no way commits either the Town, County of Suffolk o¢ State of New York to any program to protect this property from the bluff and shoreline erosion through the Construction of engineering or other works; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Sodthold have been met; be it therefore RESOLVED, that the Southold Town Planning Board grant conditional final approval on the maps, dated April 10, 2002, subject to the following conditions. These conditions must be met within six (6) months of the resolution: The filing of the Declaration of Covenants and Restrictions outlining erosion; control measures with the County Clerk's Office prior to any endorsement of the final plat dated April 10, 2002. A notation is to be placed on the final plat that a Declaration of Covenants and Restrictions has been filed in accordance with the Planning Board's requirements. The notation is to include the liber and page number of the recorded document. The Planning Board reviewed the park and playground requirement. As perI Section 106-38 of the Subdivision Regulations, the amount to be deposited ~ith the Town for park and playground services is now $5,000 per lot for each vacant lot in the subdivision. A Park and Playground Fee of $10,000 will be i required prior to any endorsement of the subdivision by the Planning Board.~ The submittal of a performance bond in the amount of $60,425.00 and an Administration Fee of $3,625.00 as revised by the Town Engineer on June 2002 and accepted by the Planning Board on June 10, 2002. Southold Town P annin.q Board Page Thirty-Eight August 12, 2002 4: The submittal of a permit or letter of non-jurisdiction from the DePartment of ! Environmental Conservation for any action within their jurisdiction prior to the issuance of a 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. Chairman Orlowski: Opposed? The motion carries. Chairman Odowski: Grace's Place - This proposed site plan is to const-uct a 7,009 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 ' We are 9oing to be holding this hearing again. There are going to be some change~ in the entryway to the proPerty. They will be addressed on the site plan. The applicant has said that that should be done by the next meeting on September the 9th. I will entertain any comments now new to this application. We have heard about everything before but, if there is something new, I will let you speak now. John Skabry: Good evening, Chairman, Board Members. Thank you very much giving me this opportunity to speak to you tonight. I am John Skabry. I live on Henry's Lane in Peconic. My property is catty-corner adjacent to this. It is not clear to me entirely hOw far they are going to move the driveway towards Henry s Lane, toward that intersection. Myself and my neighbors - I explained hereiat other meetings - we make a right turn to make a left turn, then we cut across the slpw lane into the passing lane of the road, and then we make a u-turn at that first turn- I around where the median is broken, then we can go east on CR 48. If this and the~e two lots are between - this driveway that you are proposing - is between that turn- around and Henry's Lane and the gas station. Before, it was west of that turn-around. This is going to be a problem for us. Actually, it is constantly. We have a lot of acci~lents and we all know that. We all live in Town here. You know what it is like getting in and out of that gas station. This is a bad decision to make by the Zoning Board of Appeals and, it is my opinion that as a layman, that this is such a dynamic change in the sit~ plan, that this should really go back to the Zoning Board of Appeals because this i~ a complete change in what they proposed at the Zoning Board of Appeals. We kno~ nothing about that 6 acre - those six lots - being turned over to the Peconic Land T~"ust and the driveWay having to be changed. They must have known about it because in their correspondence to you on the12th - that's today - they talked - the Matthews and Matthews, Attorneys at Law for these people - are talking about this Land Trust taking over the property. I am sure that they were well aware of what their neighbor was § lng Southold Town Planninq Board Pa.qe Thirty-Nine August 12, 2002 to do with the property. My appeal to you is that this goes back to the ZBA so that we can address it at the proper level of government - at the Zoning Board of Appeals. I don't know what more 1 can say. It seems like an honest issue with me. It is a majoi site change plan. The Zoning Board of Appeals didn't approve that. I would like to be able to speak to the ZBA about it. In the original covenants and restrictions, they talked about - and they show on the map - individual driveways. One common curb cut and then individual driveways going to the east and west. Are they going to be eliminated completely?. Chairman Orlowski: Yes, the entryway will probably still be right in the middle but it Will be all one parcel. John Skabry: Well, this originally was - the original driveway was not on Seven andi Eight. Seven and Eight are the most westerly. Chairman Orlowski: Were the end of the driveway, yes. Now, it will be on the prop~ the entrance to that property. John Skabry: It will be further towards Henry's Lane? Chairmen Orlowki: Yes. John Skabry: And the intersection and the gas station. In their correspondence to you, they talk about other Town Officials that they have been talking with on this and I j~st don't know if there is enough daylight on this whole issue. This was just given to m~ today and I didn't have a chance to talk to anybody about it but, it seems as if the re- zoning of the property as a preservation land, is ail part of this deal to build Grace'.~ Place. That is what it seems to be, isn't it? !rty - Chairman Odowski: No, it is a separate deal and the Town is just purchasing the remaining properties. John Skabry: It says that this request of the anticipated - this is a correspondence ~rom Mathews and Matthews to the Planning Board - this request for the anticipated modification of the C and Rs is contingent about our successfully obtaining a curb Cut and the only basis with which a new curb cut is in exchange for the existing curb cut which services the entire subdivision. Obtaining the surrender of the existing curb ~ut is contingent upon acquisition of the remaining six lots. We're informed the closing currently scheduled for August 22nd so, I don't understand how these people own these two lots and what Town Department is involved in the curb cut change. Chairman Odowski: The Land Preservation Department is purchasing the land that will be left and the curb cut, right now, is in the middle of the property and, what we are asking for, is that the curb cut be put on the property where Grace's Place is and n~t be accessed through other property like it is right now, So, that change is going to come into us and we should have it by then and you will have it before the next meeting !o take a look at it and address it. We have not seen it yet either so, we cannot address it. Southold Town Planning Board Page Forty August12,2002 Mr: Ca.qqiano: It is not on the final map so, we cannot approve it tonight. John Skabry: I can't impress upon you the fact that this is a much more hazard thap - and a major dynamic change - in their site plan and I don't know when the change , would go back to the ZBA. When would it go back to the ZBA? I can't Understand this. Chairman Orlowski: I am not sure. A use is a use and when it is granted a use, I guess it is here to stay. That Would be a question to ask our Town Attorney. John Skabry: Will the Planning Board be acceptable to them to write to the Town Attorney and ask him if it would go back to the ZBA? Chairman OdoWski: We can do that. John Skabry: Thank you very much and thank you for hearing me tonight and I alsO want to thank you all for your volunteering service to the Town on the Planning Board. I do appreciate it as a thirty-two year resident of that lot. Thank you very much. Chairman Odowski: We appreciate that. Any other comments? Hearing none, I am going to entertain a motion to hold this hearing open. Mr. Cag,qiano: So moved. Mr. Edwards: Second. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor?. Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards. Chairman Orlowski: Opposed? The motion carries. James Matthews, Esq.: Mr. Chairman, I am sorry to interrupt. My name is Jim Matthews from Matthews and Matthews. I was wondering if it was possible to bringI up to the to the calendar the covenants and restrictions with Aliano - setting the publid hearing on the amendment of that. Is it possible that we can do that now? Chairman Orlowski: I thought that that was discussed with the office that you were going to- James Matthews, Esq.: It is at the end of the agenda to set the hearing. Chairman Orlowski: Yes, that's for discussion at the end of the agenda. You've got to hang around. Southold Town Planninq Board PaRe Forty-One Auqust 12, 2002 Chairman Orlowski: Osprey Dominion - This amended site plan is for a new 8,000 square foot farm building for equipment storage. The property is located at 44075 Main Road in peconic. SCTM#1000-75-1-20.2 I'll ask if there are any comments on this amended site plan? Hearing none, any questions from the BOard? Hearing no questions from the Board, I will entertain a motion to clOse the hearing. Mr. Edwards: So move. Mr. Cremers: Second. Chairman OrlOwski: Motion made and seconded. Any questions on the motion? Ail those in favor?. Ayes: Mr. Orlowski, Mr: Caggiano, Mr. Cremers, Mr. Edwards. Chairman Orlowski: Opposed? The motion carries. What is the pleasure of the Board? Mr. Cremers: Mr. Chairman, I'll offer the following: WHEREAS, Frederick W. Koehler, Jr. is the owner of the property known and designated as Osprey's Dominion Vineyards, located at 44075 Main Road, Peconic; and WHEREAS, this amended site plan is for an agricultural storage building; and WHEREAS, in a letter, dated February 27th, 2002, Suffolk County has granted app for the location of this building on land from which the County purchased the ~ development rights, with the understanding that it will used for equipment storage and not be used for wine storage, and further, will be subject to local ordinances; and oval WHEREAS, this amended site plan was certified as an agricultural storage buildin~ by the Building Department on June 24th, 2002; and i WHEREAS, the Planning Board has accepted the Town Engineer's recommendations and as a term of this conditional approval require the applicant to conform to the r~port dated July 30th, 2002; and WHEREAS, the Southold Town Planning Board, on June 24th, 2002, determined 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, a final public hearing was closed on the Osprey's Dominion application the Town Hall, Southold, New York on August 12th, 2002; be it therefore at Southold Town Planninq Board PaRe Forty-Two Auqust 12, 2002 RESOLVED that the SouthOld Town Planning Board ~rant final approval on the su~eys, dated January 31st, 1996, and last revised on May 17u', 2002, subject to fulfillment Of the following condition: ' All requirements of the Town Engineer's report, dated July 30th, 2002, must be satisfied before the Building Department can issue a building Permit. Mr. Edwards: Second the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? Alii those in favor? Ayes: Mr. OrlOwSki, Mr. Caggiano, Mr. Cremers, Mr. Edwards. Chairman Orlowski: OppOsed? The motion carries. MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES AND SE OFF APPLICATIONS Chairman Orlowski: John Tuthill - This proposal is for a clustered set-off of a 0.57. acre lot from an existing 35.918 acre parcel. The parcel is located on the southwes corner of the intersection of Main Road & Rackett's Court in Orient. SCTM#1000-1 14.1 What is the pleasure of the Board? Mr. Edwards: Mr. Chairman, I'll offer the following resolution: T WHEREAS, a Term Scenic and Conservation Easement for the 35.92 parcel was recorded on December 31, 2001, filed as Liber D0012160 Page 868 with the Suffolk County Clerk; and WHEREAS, the Southold ToWn Planning Board, granted Conditional final approval on August 13, 2001 on the map dated April 26, 2001; and WHEREAS, the conditions ef conditional final approval have been met; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of So~thold have been met; be it therefore RESOLVED, that the Southold Town Planning Board grant final approval on the mips, dated April 26, 2001, and authorize the Chairman to endorse the final map. Mr. Cremers: Second the motion. Southold Town P anninq Board Page Forty-Three August 12, 2002 Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor?. Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards. Chairman Orlowski: Opposed? The motion carries. SketCh Extensions: Chairman Odowsk_i: MarVin, Ed.qar & Arlene - This proposal is for a duster subdivi~sion of 2 lots on 2.081 acres The subd v s on s ocated on the south side of Jackson Stt'eet, 431.57' west of Fifth Street in New Suffolk. SCTM#1000-117-10-9 Mr. Cremers: Mr. Chairman, I'll offer the following: WHEREAS, the Southofd Town Planning Board has accepted the yield map, dated Noverr ~er 18, 1998, showing a total of 2 lots; and WHEREAS, the proposed minor subdivision is a clustered subdivision of 2 lots on 2.081 acres in the R-40 Zoning District; and WHEREAS, the Southold Town Planning Board granted sketch plan approval on June 14,1999 on the map dated May 26, 1999; and WHEREAS, sketch approval was valid until December 14,1999; and WHEREAS~ the applicant is requeSting a second retroactive extension; and WHEREAS, the applicant is in the process of securing the Suffolk County Department of Health permits for the action; be it therefore RESOLVED, to grant a retroactive extension of sketch plan approval from August 11, 2002 to February 11, 2003. ' Mr. Edwards: Second the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? Alii those in favor?. Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards. Chairman Odowski: Opposed? The motion carries. MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES, SET OF 'F APPLICATIONS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Southold Town Planninq Board Pa.qe Forty-Four August 12, 2002 Determinations: Chairman Orlowski: BCB Realty Holdin,q Corp. - This proposed minor subdivision js for4 lots on 14.474 acres. The property is located on the north side of Main Bayview Road, +300' east of Midland Parkway in Southold. SCTM#1000-88-2~15 Mr. Cag.qiano: Mr. Chairman, I'll offer the following: WHEREAS, this subdivision is for 4 lots on 14.174 acres located on the north side ~f Main Bayview Road, + 300' east of Midland Parkway in Southold; and WHEREAS, prior to issuing any approvals for any proposed subdivision located on !the Great Hog Neck Peninsula, the Planning Board is requiring that a Generic , Environmental impact Statement be prepared for the Great Hog Neck Peninsula; ahd WHEREAS, pursuant to Article 617.13 of the State Environmental Quality Review Act, the applicant will be financially responsible for costs of preparing the Generic Environmental Impact Statement; therefore BE IT RESOLVED that the Southold Town Planning Board, pursuant to Part 617, Article 7 of the Environmental Conservation Law acting under the State Environmental Quality Review Act, establishes itself as the lead agency, and as lead agency has determir~ed that the proposed action may have significant impact on the environment when cumulatively assessed with all other proposed development on the Great Hog Neck Peninsula and adopts a Positive Declaration for the action. Mr. Cremers: 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. C. rai.q Arm: Craig Arm, for the applicant. I just wanted to state, for the record, just s'ifew things about the property. It is a minor subdivision as opposed to many of the othe' majors that are about the Board for the Hogs Neck area. All things considered, all are looking for is for fifty-seven percent build-out of what could be done on four ou of the seven lots that, considering it is agricultural, what could be done with the prope{rty per the regular use that only having four lets really is not a major impact comparedlto what could be done, if necessary, just used as agricultural uses for the area requirements. So, all things considered, if there is a way to take that into considera~tion even though I know it is for the whole entire area, it would be nice Jf you could Iookiat it as individual subject properties instead of just a whole area because sometimes wb really don't apply ...(inaudible). Chairman Orlowski: We will find that out when we do the generic impact for all of Hogs Neck. Southold Town Planninq Board Pa.qe Forty-Five Auqust12,2002 Crai.q Arm! Thank you. Chairman Orlowski: Motion made and seconded. All those in favor?. Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards. Chairman Orlowski: Opposed? The motion carries. Chairman Orlowski: Southview Custom Homes - This proposed minor subdivision is for four lots on 13.3 acres. The property is located opposite Victoria Drive in Southold. SCTM# 1000-87-5~21.4 & 21-7-21.11 Mr. Cremers: Mr. Chairman, I'll offer the following: WHEREAS, this subdivision is for 4 lots on 13.3 acres; and WHEREAS, prior to issuing any approvals for any proposed subdivision located onithe Great Hog Neck Peninsula, the Planning Board is requiring that a Generic Environmental Impact Statement be prepared for the Great Hog Neck Peninsula; ahd WHEREAS, pursuant to Article §617.13 of the State Environmental Quality Rewew Act the applicant will be financially responsible for costs of preparing the Generic Environmental Impact Statement; therefore BElT RESOLVED that the Southold ToWn Planning Board, pursuant to Part 617, Article 6 of the Environmental Conservation Law acting under the State Environmental Quality Review Act, establishes itself as lead agency, and as lead agency has determined that the proposed action may have a significant impact on the environment when ' cumulatively assessed with all proposed development and adopts a Positive Decla~ation for the proposed action. Mr. Edwards: 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. Chairman Orlowski: Opposed? The motion carries. Chairman Orlowski: Gerard Neumann - This proposal is for a clustered set-off of ~ 1.57 acre unimproved lot from a 24.9 acre lot with proposed right-of-way access from Mill Southold Town Plannin.q Board Paqe Forty-Six Auqust12,2002 Road. The property is located approximately 810' southwest of the intersection of Reeve Road and Mill Road, on the south Side of Mill Road in Mattituck. SCTM#1000-107-~-1 Mr. Edwards: Mr. Chairman, I'll offer the following resolution: WHEREAS, the applicant proposes to set off a 1.57 acre unimproved, clustered lot from a 24.9 acre lot with proposed right-of-way access from Mill Road, in Mattituck; and WHEREAS, the Southold Town Planning Board granted conditional sketch plan approval on March 11, 2002; and WHEREAS, the Southold Town Planning Board started the SEQR lead agency coordination process on March 11, 2002, and WHEREAS, the NYS Department of Environmental Conservation extended the Article 25 Permit (#1-4738-01545/0001) expiration date to May 29, 2007; therefore BE IT RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, Part 617, Article 7 makes a determination of non- significance and grants a Negative Declaration on the application. Mr. Cremers: Second the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor?. Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards. Chairman Orlowski: Opposed? The motion carries. SITE PLANS Final Determinations: Mr. Cremers: Mr. Chairman, I'll offer the following: BE IT RESOLVED that the Southold Town Planning Board authorize the Chairman to endorse the final surveys, dated January 15, 2002, and last revised July 8, 2002. i Conditional final approval was granted on May 13, 2002. All conditions have been fulfilled. Chairman Orlowski: First Baptist Church of Cutcho.que - This proposed site plan is for a new 9,630 sq. ff. chumh on 3.68 acres. The property is located on CR 48, 750' west of AIvah's Lane in Cutchogue. SCTM#1000-101-1-14.5 Southold Town Planninq Board Pa.qe Forty-Seven Au.qust 12, 2002 Mr. Ca.q.qiano: 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. Chairman Odowski: Opposed? The motion carries. Setting of Final Hearings: Chairman Orlowski: 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 c Jockey Creek Drive in Southold. SCTM#1000-70-5-6.2 Mr. Ca.q.qiano: Mr. Chairman, I'll offer the following: BE IT RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, establishes itself as lead agency, and as lead agency, makes a determination of non-significance and grants a Negative Declaration; and Mr. Cremers: 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. Chairman Orlowski: Opposed? The motion carries. Mr. Caq.qiano: BE IT FURTHER RESOLVED that the Southold Town Planning Board set Monday, September 9, 2002, at 6:00 p.m. for a final public hearing on the maps, dated February 1@, 1999 and I~st revised July 12, 2002. Mr. Cremers: Second the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor?. Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards. Chairman Orlowski: Opposed? The motion carries. Southold Town Planninq Board Pa.qe Forty-Eight Au.qust12,2002 Conditional Final Approval Extension Chairman Orlowski: Pelle~lrini Vineyards - This proposed site plan is for a 3,780 s'q. ft. addition to the tasting room, storage area, production area & exterior patio. The property is located at 23005 Main Road in Cutchogue. SCTM#1000-109-1-8.7 Mr. Cremers: Mr. Chairman, I'll offer the following: RESOLVED that the Southold Town Planning Board grant a retroactive six-month i extension of conditional site plan approval from July 14, 2002 to January 14, 2003. Conditional site plan approval was granted on January 14, 2002. Mr. Ca.q.qiano: Second. Chairman OrlOwski: Motion made and seconded. Any questions on the motion? Al those in favor?. Ayes: Mr. Odowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards. Chairman Orlowski: Opposed? The motion carries. OTHER Chairman Odowski: Milazzo, John & Rose - This proposed minor subdivision is f~)r 3 lots on 12.5253 acres located on Pipes Creek and bordered on the north by the LIRR track and on the west by Pipes Neck Road. Retain Nelson, Pope & Voorhis for scolping session services for review of Draft Environmental Impact Statement. SCTM#1000~53- Mr. Caqg an.o: Mr. Chairman, I'll offer the following: WHEREAS, this preposal is to Subdivide a 12.54 acre parcel into 3 single family lois; and . WHEREAS, due to the sensitivity of the parcel, the Planning Board adopted a Positive Declaration for the action on July 8, 2002 and is requiring the preparation of a Draft Environmental Impact Statement; and ' WHEREAS, the Planning Board, in order to ensure the expeditious completion of this project in a manner that will not cause undue delay to pending applications, seeksl assistance on a consulting basis to advance this project in a timely fashion; and , WHEREAS, the Planning Board seeks to retain the services of Nelson, Pope & Voorhis,LLC, in this regard due to their familiarity with the Town, track record in Southold Town Planninq Board Page Forty-Nine August12,2002 assisting with project review and special projects over a fourteen (14) year pedod (with the predecessor firm Charles Voorhis & Associates), recent completion of the Water Supply Management & Water Protection Strategy document, geographic information system capabilities for regional land use and environmental impact analysis, and their ability to interact and integrate with Town Staffto achieve the desired results in a colst effective timely basis; NOW THEREFORE BE iT RESOLVED, that the Planning Board hereby retains Nel: ;on, Pope & Voorhis, LLC to assist with SEQRA administration, scoping, review and find rigs of the Draft and Final Environmental Impact Statements for the above action. Mr. Cremers: Second the motion. Chairman Odowskh Motion made and seconded. Any questions on the motion? All those in favor?. Ayes: Mr. Odowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards. Chairman Orlowski: Opposed? The motion carries. Chairman Odowski: Aliano, Nicholas - Set public hearing to amend the Declaratior 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 Nurseiry School common curb cut requirement on CR 48, and the relocation of the common i driveway which provides access to the subdivision lots. The subdivision is located on CR 48 in Peconic. SCTM#1000-74-4-4 Mr. Cremers: Mr. Chairman, I'll offer the following: BE IT RESOLVED that the Southold Town Planning Board set Monday, September 9, 2002, at 6:05 p.rn. for a final public hearing to amend 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 requireml;nt on CR 48 and the relocation of the common driveway which provides access to the subdivision lots. Mr. Cag.qiano: 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. Chairman Odowski: Opposed? The motion carries. Southold Town P annin.q Board Pa.qe Fifty August12,2002 There is nothing left on the agenda. I don't know if you want to discuss the C & Rs. We are going to adjourn and go into a Work Session. I don't believe we have anything for the Work Session tonight because it was a busy day in the office. If anyone has any questions or comments, they can make them now. (No one asked to be heard.) I'll entertain a motion to adjourn. Mr. Edwards: So move. Mr. Cremers: Second. Chairman Odowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. OdowSki, Mr. Caggiano, Mr. Cremers, Mr. Edwards. Chairman OrloWski: OPposed? The motion carries. There being no further business to come before the Board, the meeting was adjourned at 6:22 p.m. Ben-'~$tt Orlo-~., Chairm~n~'~ Respectfully submitted, Carol Kalin Barbara Rudder