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HomeMy WebLinkAboutPB-11/01/1999PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Cha/r KENNETH L. EDWARDS MARTIN H. SIDOR OEOROE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCAT/ON: Town Hall Annex 54375 Sta~e Route 25 (c~or. Main Rd. & Youngs Ave,) Southold, NY Telephone: 631 765-1638 Fax: 631 765-3136 MINUTES November 1, 1999 7:30 p.m. Present were; Bennett Odowski, Jr., Chairman William Cremers, Member Kenneth Edwards, Member George Ritchie Latham, Jr., Member Richard Ward, Member Martha Jones, Secretary SETTING OF THE NEXT PLANNING BOARD MEETING Chairman Orlowski: I would like to call this meeting to order. The first order of business is for the Board to set Monday, November 22, 1999 at 7:30 p.m. at the Southold Town Hall as the time and place for the next regular Planning Board Meeting. Mr. Cremers: So moved. Mr. Latham: Second. Chairman Odowski: Motion made and seconded. All those in favor?. Ayes: Mr. Orlowski, Mr. Cremers, Mr. Edwards, Mr. Latham, Mr. Ward Chairman Orlowskk Opposed? The motion carries. Before I start the public headngs tonight, just to let you know, I know a lot of you people are here for Rock Cove Estates. The applicant has sent in a letter saying they have not completed the Traffic Study. The Traffic Study is the one thing we are waiting for. We are going to hold the hearing open when we get to it on the agenda, just in case you want to leave early or, if you want to hang around, that is o.k., too. O.K. Moving on to the first order of business. Southold Town Plannin.q Board Pa.qe Two November 1, 1999 PUBLIC HEARINGS Chairman Orlowski: 7:30 p.m. - Morton-Gemma - This lot line change between Keith Scott Morton and Pasquale Anthony Gemma is to subtract 0.15 acres from a 17.5912 acre parcel and to add it to a 0.48 acre parcel. The properties are located on the northwest corner of King Street and Old Farm Road and the south side of Orchard Street in Orient. SCTM#1000-25-4-11.4 and 1000-26-1-31 I will ask if there are any comments on this lot line change? Hearing none, any questions from the Board? (There were no questions from the Board.) Hearing no further questions, I will entertain a motion to close the hearing. Mr. Cremers: So moved. Mr. Ward: Second. Chairman Orlowski: Motion made and seconded. All those in favor? Ayes: Mr. Orlowski, Mr. Cremers, Mr. Edwards, Mr. Latham, Mr. Ward Chairman Orlowski: Opposed? The motion carries. Does the Board have any pleasure? Mr. Ward: Mr. Chairman, I would like to offer the following resolution: WHEREAS, Keith Scott Morton and Pasquale Anthony Gemma are the owners of the property known and designated as SCTM#1000-25-4-11.4 & 1000-26-1-31, located on the northwest corner of King Street and Old Farm Road and the south side of Orchard Street, in Orient; and WHEREAS, this proposed lot line change is to subtract 0.15 acres from a 17.5912-acre parcel and add it to a 0.48-acre parcel; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, declared itself lead agency and issued a Negative Declaration on October 18, 1999; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on November 1, 1999; and WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has received affidavits that the applicant has complied with the notification provisions; and Southold Town Plannin.q Board Pa.qe Three November 1, 1999 WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; be it therefore RESOLVED, that the Southold Town Planning Board grant conditional final approval on the surveys, dated October 31, 1999, and authorize the Chairman to endorse the final surveys subject to fulfillment of the following condition. All conditions must be met within six (6) months of the date of this resolution: 1. New deeds reflecting the lot line change must be filed for each parcel. Copies of the recorded deeds must be submitted to this office. Mr. Cremers: Second the motion. Chairman Orlowski: Motion made and seconded. All those in favor? Ayes: Mr. Orlowski, Mr. Cremers, Mr. Edwards, Mr. Latham, Mr. Ward Chairman Orlowski: Opposed? The motion carries. Chairman Orlowski: 7:35 p.m. - Richard B. Thatcher & M. Llewellyn Thatcher - This lot line change is to subtract 0.37 acres from a 4.48-acre parcel and add it to a 1.49- acre parcel. The property is located off a private road off East End Road on Fishers Island. SCTM#1000-3-3-7 FIDCO Lots #19-1A, plo 19.2 & 19-1B Would anyone here like to be heard regarding this application? Steven Ham, Esq., 45 Hampton Road, Southampton for the applicant: I have the Affidavits of Posting and Mailing. If you have any questions, I will try to answer them. Otherwise, I will just ask if you could approve this. It appears to be fairly straightforward. Chairman Orlowski: O.K. Any other comments or questions on this? Hearing none, I will entertain a motion to close the hearing. Mr. Edwards: So moved. Mr. Ward: Second. Chairman Orlowski: Motion made and seconded. All those in favor? Ayes: Mr. Orlowski, Mr. Cremers, Mr. Edwards, Mr. Latham, Mr. Ward Chairman Orlowski: Opposed? The motion carries. What is the pleasure of the Board? Southold Town Plannin.q Board Pa.qe Four November 1, 1999 Mr. Edwards: Mr. Chairman, I'd like to entertain the following motion: WHEREAS, Richard B. Thatcher and M. Llewellyn Thatcher are the owners of the property known and designated as SCTM#1000-3-3-7 (FIDCO Lots #19-1A plo 19.2 & 19-1B), located off a private road off East End Road on Fishers Island; and WHEREAS, this proposed lot line change is to subtract 0.37 acres from a 4.48 acre parcel and to add it to a 1.49 acre parcel; and WHEREAS, the subject properties are shown on the approved FIDCO subdivision plat as two lots (Lot #19-1A together with part of Lot #2 and Lot #19-1B); and WHEREAS, Lot #19-1B is a non-conforming lot due to the fact that it is a 1.49 acre lot located within the R-120 Zoning District; and WHEREAS, as per Section 100-25C (1) of the Town Code, Lot #19-1B is exempt from the merger provision since it has minimum size of 40,000 square feet; and WHEREAS, The Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, declared itself lead agency and issued a Negative Declaration on October 18, 1999; and WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has received affidavits that the applicant has complied with the notification provisions; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on November 1, 1999; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; be it therefore RESOLVED, that the Southold Town Planning Board grant conditional final approval on the surveys, dated September 6, 1999, and authorize the Chairman to endorse the final surveys subject to fulfillment of the following condition. The condition must be met within six (6) months of the date of this resolution: 1) New deeds reflecting the lot line change must be filed for each parcel. Copies of the recorded deeds must be submitted to this office. Mr. Cremers: Second the motion. Chairman Orlowski: Motion made and seconded. All those in favor? Ayes: Mr. Orlowski, Mr. Cremers, Mr. Edwards, Mr. Latham, Mr. Ward Chairman Orlowski: Opposed? The motion carries. Southold Town Planning Board Page Five November 1, 1999 ********** 7:40 p.m. - Roy LoCascio Chairman Orlowski: - This amended site plan is to re-open a former restaurant and tavern as a restaurant only. SCTM#1000-62-3-7 I will ask if there are any comments on this site plan? Eric J. Bressler, Esq., Wickham, Wickham and Bressler, PC, Main Road, Mattituck, New York, representing Thomas Talbot. Mr. Chairman, I must confess that I am here this evening somewhat surprised by these proceedings. This Board is aware that Mr. Talbot had previously commenced an action against this Board with respect to a site plan waiver which had been presented to the Board and had been approved and which was subsequently the subject of an Article 78 Proceeding which eventually made its way to the Appellate Division. As the Board will recall, in the Appellate Division, basically, the matter was reversed and remanded and sent back to the Planning Board for further determination and record be made with respect to the site plan waiver. At the time, we were in contact with the Town Attorney and advised him that as a litigant we were requesting and expected to get notice of anything that was going to come before the Board in respect to that application or this parcel. It was our understanding that that was to be the case. Between that time and the present time, neither our firm nor Mr. Talbot was given any notice of proceedings before this Board with respect to the parcel in question. It came to Mr. Talbot’s attention several days ago when he was at the Town Hall on another matter. This afternoon, Janet Geasa of my office contacted Mr. Yakaboski and asked him what was going on, what was on the calendar, and what was going to happen - how come we had not been given notice. He advised that he, himself, had not been given notice or, if he had, he was not aware of it and he was sorry we had not been given notice. He suggested we come down here and make an application to the Board. Ms. Geasa also contacted Mr. Kassner and told him of our concern, the fact that we have not been involved in this on-going - apparently on going - application before the Board. Thus, Mr. Chairman, when you asked does anyone have any comments on this particular application, given an opportunity, I think my answer would certainly be yes but this is the first time we are aware that this thing has come before the Board. We don’t know what has been submitted before the Board. We don’t know what stage of the proceeding this is but, as the Board is well aware from the prior litigation, we certainly have an interest in what has been going on down there. We were unable to obtain an answer from either Mr. Kassner or Mr. Yakaboski as to what the Board was going to do this evening with respect to this particular situation. So, before I comment on something that I don’t know much about, I would like to hear from the Board exactly where this is and what opportunity that we are going to have to have some meaningful input into this application. Chairman Orlowski: O.K. Well, I think everything is in order with the applicant for the approval of the site plan. The notification - I am sorry about that but I thjnk that was between you and the attorney and that has nothing to do with this Board. But taking into consideration Mr. Talbot's concerns, the last time when we went through this process, it was the bar room that he was most concerned about and Mr. LoCascio has guaranteed us that the bar is coming out and it will be strictly a restaurant and I know, Mr. Talbot, at Southold Town Planning Board Page Six November 1, 1999 the other hearings, has said that a restaurant is fine; he just did not want to see a bar. There will be no bar in this facility; it will just be a restaurant. Eric Bressler, Esq.: So, what is the Board prepared to do tonight? Chairman Orlowski: Probably approve the site plan. Eric Bressler, Esq.: You are prepared to approve the site plan with no notice, not withstanding the fact that we were litigants and we were promised an opportunity for some meaningful input in to this. I would suggest Mr. Chairman, respectfully, that we be given an opportunity to review this file and make some comment. With all due respect, I think your characterization of Mr. Talbot's concerns, while certainly true to the extent stated, do not go all the way. Mr. Talbot was extremely concerned about the parking situation on his street and it is my understanding, from what little I have been told about the file, that based upon the proposed usage, the parking still does not measure up to the standards of the Code. I am told that the Board is still considering some sort of a letter from the people at Wayside, which are cattycorner across Main Road, and the problems involved with that. I don’t know what the Board has done. I don’t know what parking arrangements have been made but I do think that, given Mr. Talbot's interest, that this calls for some meaningful opportunity to put some input into this process. I don’t want to be put in the situation, quite frankly, of looking at this file over the next thirty days after the Board takes action and then doing whatever it is I have to do. I would much prefer to have an opportunity to sit, look at this file, have Mr. Talbot discuss with the applicant, on some sort a non-litigated basis, what his concerns, if any, are and thereby avoid any further difficulty on everyone’s part. That is what my application is tonight. Chairman Orlowski: Any other comments on this site plan? Dan Wilcenski: Hello. I live in the house right behind the place in question. The last time I talked to the Board about a restaurant and a bar, you guys could not even come up with what a restaurant and what a bar is, o.k.? Before this takes place, I hope you know what a restaurant and a bar is because, what is going to happen with this place is, it is going to turn into a bar again. I would guarantee that. All right? They are going to sell alcohol. They are not going to sell food. It is going to turn into a bar again and the neighborhood is going to go to ____(curse word). All right? So, I think you guys should have a little bit of consideration about that. Roy LoCascio: I just gave the Board the letters of notification that went out to the area residents. For the past three and a half months, I have worked with the Town Attorney and the Town Building Department, and the Town Planning Board to open a restaurant on a piece of property that has been a tavern and a restaurant for more than sixty years. I have agreed to remove - completely remove - the sit-down bar. There will be absolutely no bar on the premises including a service bar. There will be no bar. That bar has been in operation, by the way, for as many years as the property is there other than the fact it was a hook and ladder fire house at one time in the early, early nineteen hundreds. I have agreed to off-site parking for my employees even though it is clear that Southold Town Planning Board Page Seven November 1, 1999 between the private parking lot and the immediate street parking that there was more than enough. I have also agreed to restore the outside of the building to a more conducive color that can match the heritage of this town. I have agreed to decrease the use of the property by accepting a C.O. as a restaurant only instead of a tavern/restaurant C.O. that already exists. Some of these things were done because it's the rule of law for the Town. Others were done to avoid a confrontation with the Board and try to meet the things that they ask me for instead of me making demands on the Board. We went over the parking situation and the Town made its recommendations under the Town's legal guidelines. I gave them what they asked for and went beyond this by obtaining even more off-street parking for my patrons which I have another letter of agreement for more off-street parking for over-flow parking on top of the agreement with Wayside. I have done this for my future patrons as much as for the Town. Other food establishments in the Town do not meet the same standards that are put on me. They use street parking and I have made every attempt to meet and exceed what the Board has asked me for in parking. I want the neighbors to know that I don’t want the area to go to ____(curse word). No, I really want the neighbors to know that I understand that they are nervous because they had a bad experience with the property in the past. I, like you, like to sleep at night. I live in this town. I have a nine-year-old child that goes to school in this town and I like to tuck him in at night. So, this place will not be run as a bar and it will definitely, without a doubt, be normal restaurant hours. This restaurant will be a family-run restaurant, not just for tourists, but for families that live in the Town. In closing, let me say I can’t wait to get started. This building has an enormous amount of heritage in the Town. It looks like hell now and it is slowly going to join the other historic sites on the endangered species list. It has been in the past for a very long time a wonderful addition to the Town and will be in the future. It has been a restaurant not only longer than the homes that stand near it but older than most who walk past it. Thank you. Chairman Orlowski: Any other comments? Robert LaDuca: I am a local business owner. I own Jubilee Outlet, next door to the property where he is looking to open up a restaurant. I am a business owner in Southold and, at the point now, the building now does look abandoned. I believe that it would be an improvement to the Town. It would also generate some business for the local businesses. I believe that it would also spruce up the Town and I also think that it would - if you try to get into a restaurant in Southold in the summertime, you usually have to wait an hour so I think it would actually take the pressure off of local residents trying to get into a restaurant to have breakfast and waiting for an hour. I think it would balance it all out and I think it would also be a good thing for the Town because it's going to be a family-oriented business. As Roy has stated to me, he is taking out the bar and that it is just going to be a place to eat. That is it. Thank you. Chairman Orlowski: O.K. Thank you. Any other comments? Hearing no comments, I will entertain a motion to close the hearing. Mr. Ward: Second. Southold Town Planning Board Page Eight November 1, 1999 Chairman Orlowski: Motion made and seconded. All those in favor? Ayes: Mr. Orlowski, Mr. Cremers, Mr. Edwards, Mr. Latham, Mr. Ward Chairman Orlowski: Opposed? The motion carries. What is the pleasure of the Board? Mr. Cremers: Mr. Chairman, I will offer the following resolution: WHEREAS, this proposed amended site plan, to be known as site plan for Roy LoCascio, is to re-open an existing restaurant and bar as a restaurant only; and WHEREAS, Roy LoCascio is the contract vendee of the property known and designated as Roy LoCascio Restaurant, Main Road, Southold, SCTM#1000-62-3-7; and WHEREAS, a formal application for the approval of this site plan was submitted on September 30, 1999; and WHEREAS, the Southold Town Planning Board, acting under the State Environmental Quality Review Act, (6NYCRR), Part 617, makes a determination that this project is a Type II Action and not subject to the provisions of the State Environmental Quality Review Act, (SEQRA); and WHEREAS, this site plan, last revised September 29, 1999, was certified by the Building Inspector on October 7, 1999; and WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has received affidavits that the applicant has complied with the notification provisions; and WHEREAS, all the requirements of the Site Plan Regulations of the Town of Southold have been met; therefore BE IT RESOLVED, that the Southold Town Planning Board authorizes the Chairman to endorse the final surveys, dated September 29, 1999, with Suffolk County Department of Health Services approval stamp, subject to a one-year review from date of building permit. Mr. Ward: Second. Chairman Orlowski: Motion made and seconded. All those in favor? Ayes: Mr. Orlowski, Mr. Cremers, Mr. Edwards, Mr. Latham, Mr. Ward Chairman Orlowski: Opposed? The motion carries. Southold Town Planning Board Page Nine November 1, 1999 ********** 7:45 p.m. - Broadwaters Cove Marina Chairman Orlowski: - This site plan is for a 108 square foot addition to an existing tool building and for a 900 square foot proposed storage building at an existing marina located on Skunk Lane (Bay Avenue) in Cutchogue. SCTM#1000-104-8-2.5 I will ask if there are any comments on this site plan? Violet Romeril: I live on Vanston Road in Cutchogue. I am the past President of the Nassau Point Property Owners Association and three years ago the property owners objected to an increased usage of the very small lot on which Mr. Zito is conducting business based on environmental questions and problems and also the expanded use and the unsightliness of it. Yesterday I received a call from Elsie Jerred who lives directly across from Mr. Zito's marina. She has written a letter which she faxed to me this morning. She is in South Carolina at the moment and is not able to be here. I would like to read that letter to you and I have a copy for you as well. “To the Southold Town Planning Board Members from Elsie Jerred at 7625 Skunk Lane, dated November 1, 1999 and the subject is the Amended Site Plan for Frank and Carol Zito residing at 8000 Skunk Lane. On October 29, 1999, I received a certified letter notifying me of Mr. and Mrs. Zito’s application for an amended site plan on their property on 8000 Skunk Lane. I am presently in South Carolina and will be unable to attend the hearing on November 1st. Therefore, I want to make my objections known to the Planning Board as I live across from the property in question. When the previous owner had the business, he lived in his house and maintained a quiet, well-managed marina on his adjacent property. Today, Mr. Zito is living on the property and has the marina but he also repairs boats and engines, sells boats and has winter storage on his 2.5-acre property, which is unsightly. At a previous hearing of the Zoning Board, it was stated that Mr. Zito would need 5 acres to comply with these five uses he now engages in. As I see it, he is not complying with the law. Now he wants to build a 900 square foot storage building plus a 108 square foot addition to a tool shed. Nassau Farms is a community of dedicated families and their children and now we have a commercial operation in a residential area and Mr. Zito wants to make it more commercial by adding two unsightly buildings. His whole operation is adding to the pollution in our creek and bay, damaging our wildlife and destroying the area for recreational fisherman. I am appealing to the Members of this Board, who are all local residents, to think seriously about maintaining the pristine quality of this neighborhood by not granting Mr. Zito his request. Sincerely, Elsie Jerred" I might add that Elsie told me that, since Mr. Zito has expanded his business, that the property values of the homes right across the street have diminished as well as the tax revenues to the Town. Thank you. Southold Town Planning Board Page Ten November 1, 1999 William J. Breen: Hi. I am president of Broadwaters Cove Association. I have a statement I would like to read. Nick Bonae, the only resident of Broadwaters Cove to receive a notice of October 24 that Frank Zito had submitted an amended site plan for th Broadwaters Cove Marina. I have before me his original site plan, dated July 24 1996. We, of Broadwater Cove Association Nassau Farms and Nassau Point, objected then and now. I have before me the exact same plan, dated 10/23/99, showing the addition of a 900 square foot storage space and I don’t even know what that means. If we objected in 1996, we sure as – we are cursing tonight - hell are going to object in 1999, three years and three months later. The Broad Waters Cove Association is strongly opposed to any change, expansion or extension of the existing permitted usage and structures which would result in any additional intrusion upon the quiet residential nature of the neighbor- hood and we can talk about fifteen other things, but that's the point I want to make. We have a nice quiet neighborhood. I am not going to talk about taxes. I am not going to talk about usage but this is, or would definitely be, a mass intrusion upon us and our nice, quiet residential neighborhood and I’ve got people who border on this property. If you would like to hear from him, I think we are well represented tonight to show our disapproval of any expansion. In fact, we would like to see the place cleaned up and made more attractive rather than the direction it is going in. Thank you very much. Roger Johnson: I live across the street from Broadwater Cove Marina. I previously lived in the Broadwaters Cove area on Mason Drive and was part of the objections three years ago because of the increased traffic and the fact that the marina itself is really situated in the worse possible place you could put a marina which is at the very end of the creek where the water simply won't drain out very well. But, on top of that, right across the street now I'm being confronted with an 18-foot high building which seems a bit excessive for a tiny little lot that is there. The tool shed addition, as far as I understand, is a trade-off for him to fix up a violation that has been a violation for three years and does not seem to be a proper way of doing business. If he has been in violation, why hasn’t he corrected the violation before he gets additional rights? It is a very small lot. As you know, the parking is very limited. Living across the street, I get to see many, how shall we say, unusual traffic incidents where people are backing up trying to get boats in and out of that slot and people are racing back and forth to Nassau Point and it is just a bad spot for increasing the business both in the environmental sense for the creek and the traffic situation that is there and it just seems like the wrong idea for the wrong place. Thank you. Chairman Orlowski: Any other comments? Christine Vaccari: Hi. I have actually been working on this for a number of years. Mr. Kassner, as you know, we have had many conversations with regard to Mr. Zito and I th have a letter which was sent to you, Mr. Orlowski, on May 19 from Xavier Fleming, Nassau Point Property Owners, and I also have a letter that I sent on April 2nd and, for the past three years, our community association has written letters and appeared before the Planning Board concerning this Broad Waters Cove Marina. Mr. Zito has not adhered to bring forth a site plan in compliance with the Town Code. In the mean time, he has continued to operate. He has continued to expand. It is very loud. It is very Southold Town Planning Board Page Eleven November 1, 1999 unsightly. I have photographs. I have submitted photographs to you. I have photographs in my possession right now. There are so many things that he could do just as a good neighbor to make this area better. The simple thing as planting the trees that he was supposed to plant, he never did. I have also a letter from August 16, 1996 - the Planning Board sent Mr. Zito a letter requiring him to - a 15-foot deep buffer must be planted with double rows – this came from you - staggered six feet. He never did that. Both storage areas must be shown. I don’t know. I have not seen the site plan. Drainage calculations, recessed bumper stops to define parking spaces, handicap parking, outdoor lighting. It is a very sad state of affairs and he's - Chairman Orlowski: Well, those elements are on the site plan and, until we approve the site plan, there are no grounds for enforcement. Do you still live across the street? Christine Vaccari: No, I am not living across the street but I have a vested interest here, and before I sold my house, I had a conversation with Mr. Forrester; I have a letter from th, the Planning Board from April 19 1999, this year, and it says - it is from you, actually - and it says that "this issue has been discussed with Mr. Edward Forrester, Director of Code Enforcement, who has been in touch with Mr. Zito regarding his lack of compliance with the site plan requirements of the Town Code". When I talked to Mr. Forrester, Mr. Forrester said that everything was at a stand still. Chairman Orlowski: Until we adopt the site plan. Christine Vaccari: I can only say that he is very loud and he has not complied up until this point. The trust factor is not there in the community. Uwe Petersen: I am the Treasurer of the Nassau Point Property Owners Association and I would like to make two comments. Comment number one is I took my canoe out and canoed every inch of the area of Mr. Zito's place this summer and what is a very pristine area but, what you get when you are really in it, is it permeates the smell of spilled gasoline, of spilled oil, in this area. The second point I want to make is my son Benjamin, who graduated from Mattituck High School this year and is attending college now - three years ago, Mattituck High School had a program for their students to submit photographs of the most pristine areas in our area and he made one photo of the marina - but off set, not showing the marina, just the space where the boats are and then the open space behind it - and it won one of the prizes. Now, there's a big tool shed and a big storage shed on this area. It would eliminate this pristine area. It would eliminate the beautiful view of when we come to Nassau Point. Also, we have to look at it from an ecological viewpoint. I mean, there are Piping Plovers nesting in the area. There are all kinds of sea birds and, if they fly at night into the tool shed, we will have a big problem from that viewpoint as well. Thank you. Chairman Orlowski: Any other comments on this site plan? Dale McShane: I am the current President of the Nassau Point Property Owners Association. You would be pleased to know that I spent about seventeen years on a Planning Board in the State of New Jersey so I understand where you are coming from Southold Town Planning Board Page Twelve November 1, 1999 and my comments will really be addressed from a planning prospective. We have 255 members in our association. We had a board meeting on Saturday where this issue of Mr. Zito's application was raised and we all agreed that we were opposed to any expansion of that existing use. We have about 350 homes on Nassau Point and I did a little math - picked up Broadwaters Cove, Nassau Farms - and I think we've got probably - this is rough - about a hundred million dollars worth of real estate, all residential. Right in the middle of that residential real estate is this boating complex where your application is for the expansion of basically industrial use which is a storage shed and a warehouse. Now, my experience in planning and in real estate tells me you don’t drop industrial uses in the middle of real estate that’s zoned Residential. The rough estimate of taxes that are paid by these residences is about two million dollars per year. The impact of increased usage of commercial or industrial use in the middle of that is adverse which leads you to the prospect of people coming before the Appeals Board for reduction in taxes. I know for sure that the people in Nassau Point, all of whom pass this facility and who have bought real estate in Nassau Point, buy it because of its quiet residential use. They don’t want to drive down Bay Avenue and bump into a delivery truck or tractor-trailer or boats that are blocking the road on their way. Nassau Point grew probably about 4 percent last year - that’s about thirteen homes. Now, if you project that out over a period of time, I'd say we probably got another sixty or seventy lots that could be developed. The area is growing. There is no reason to be increasing industrial use and that is exactly what we have. The other issue that I think is very important and nobody has really talked about it - you have a public beach right down the road from this facility. There are walkers that come from these various communities - Broadwaters Cove, Nassau Farms - that walk past this commercial facility. That beach is a growing facility and, if you project it out over a ten or fifteen or twenty-year period, you’ll find that usage is going to increase. You don’t want to mix industrial commercial use with residential use. The traffic alone today is serious. It is growing and it is growing and, in spite of all of the restrictions of speed and so forth, we still have policemen posted to regulate people who are driving in that area. So, there are conflicts of usage by increasing this, what I consider, basically a nonconforming type of a use. I think there is an important lesson that I have learned over the years sitting on a Planning Board and that is, if you approve a building whether it is conforming or nonconforming, that building doesn’t go away. That building sits for forty or fifty years. If someday boat yards are not so popular in this area, we are sitting with this big storage facility and it is going to be used as a warehouse and it makes no planning sense to put a warehouse in the middle of a residential area and extend it out for a forty or fifty year period. Those are my comments. Thank you. Michael Jordan: I live down Broadwaters - excuse me - Nassau Farms. I live on Pine Tree Road. I dock my boat at Frank’s Marina. When he brought it from Norman Boos(sp.?), I believe it had 49 slips. It now has something like 47 to conform to certain standards to make them happy whoever they might be. If you have 49 boats – or 47 boats - you have to work on them. It is the cleanest marina I have ever seen. That is why I dock my boat there. I actually got a slip there before I bought my home there. Some of the comments tonight seem to be more of a jealousy thing or spite. They have been after Frank for years and gave Norman a hard time as well. He has kept that place Southold Town Planning Board Page Thirteen November 1, 1999 very clean. I don’t know - if you go down there, I don’t know what this ugliness is; I can’t see it. People come out and visit me. People in the neighborhood say it is a beautiful residential marina. He wants to get a shed. He is getting swamped every time the tide comes up. He needs a bigger facility to store his tools and what-not. I just don’t understand what the problem is. It is beyond me. I don’t think - you folks must have been up there to take a look at it. You might as well close the farm stands as far as parking and people pulling out and backing out. This is a residential marina. Most of the traffic that goes up there is for Nassau Point. I am scared to go walking to that beach. My nephew and niece come out and they come flying off of Nassau Point going fifty miles an hour. I am not that good of a speaker but it seems to be out of spite. I don’t know why. Thank you. David Cichanowicz: I have known Frank Zito for some time. I stopped up this afternoon to take a look at what he is proposing in doing and the shed that he is planning on putting up is, for the most part, in order to hide and/or get rid of any unsightliness that is on the property at this point. A lot of the stuff that is outside is exposed to the elements. I think it would be an improvement for the passingbyers, the neighborhood itself. You have all the facts in front of you, I am sure, as far the square footage and what the building is going to look like. Screening - whatever needs to be done to conform - I am sure Frank will be happy to comply with. As far as an extension to a tool shed that he has that's - on any full moon, on any high tide - is underwater, it just makes common sense that you allow the man to raise it enough so that he can get it out of the water so he can protect his interest as an investment. The property is zoned Marine I. The facts stand for themselves. You know what he can do and what he can’t do. I think allowing this will actually help clean the area for those who think that it is unsightly. I think, myself, it is a pretty nice looking marina when you look at all the marinas around here and, I would have to say, that there is a definite need for marinas in the area. There are no more allowed marinas in the area and one of the gentlemen said there is increased population. Well, who is going to service these marinas? The ones that are here need to service all. The storage facility, again, is a 900 square foot area. Some people's garages are much bigger than that. It is not that large a building and I am sure it will help Frank tremendously in helping improve the neighborhood. Thank you. Chairman Orlowski: Any other comments? Eric Izzo: I am the former Vice-President of Nassau Farms Association and I am a full- time resident on Pine Tree Road. I have family in the Nassau Point area as well. We are all full-time residents. I just want to make a couple points about some things that were said tonight. As far anyone representing the Nassau Farms Association, our President is here tonight but, as far as any of the people that spoke already, I am an active member and I go to the meetings and, other than a few thirty-second comments in the crowd at a meeting, the issue of this marina isn’t addressed really in our association so, for someone to come up here thus far and say they represent the Nassau Farms Association, that is just not true. They speak for themselves because maybe they live in the Nassau Farms' jurisdiction. A lot of us have felt it was almost hypocritical because most of the people that keep boats at the marina belong to one of the local associations. So, unless someone really had a real problem with it, there was nothing for us to Southold Town Planning Board Page Fourteen November 1, 1999 address. It was more on a personal level at people wanted to oppose the changes at the marina. As far as someone made a comment about home values decreasing, that is just not true. As a matter of fact, the house that sold across the street from the marina probably sold about forty percent higher than the original buyer paid for it so, for someone to make that comment, I think that was off-the-cuff and was really unfounded. That’s really all I have to say about it. Thank you. Chairman Orlowski: Any other comments? …(inaudible): I am a professional engineer licensed in the State of New York. At the beginning of this session, you mentioned something in reference to Rockcove Estates - Chairman Orlowski: Well, I mentioned that so you would all know that we are going to hold the hearing open. The hearing will still be open tonight. If you did not want to hang around, this is probably going to be a long meeting. We are waiting for the Traffic Report. Traffic seems to be the biggest problem down there. The applicant is doing a Traffic Study. When it comes in, our Consultant will review it. So, I am not sure when it will be on - if it will be on the next meeting or the meeting after. But the hearing will be held open. O.K. Back to Mr. Zito. Dick Noncarrow: I am the President of the Cutchogue/New Suffolk Chamber of Commerce. I am not representing the Chamber tonight. Don’t worry. I am a friend of Frank. I am a neighbor of Frank. I live on Nassau Farms. I am an ex-officer of Nassau Farms. I have lived here twenty years. The marina has been there forty years. It was started by Mr. Petrucci(sp.?) back in 1957 or '58. It is zoned for what it is and the comments were made that Mr. Zito has put his shrubs along the road there. I walk there every day with my dog. I see how nicely it is kept there. Everything is well hidden back there so, if he does put up this building, it will not be seen very well form the road. I mean, people ride by there and you cannot see the boats where he has them stored. So, I don’t think that is going to create a problem. Frank, as I’ve said, I have known for fifteen-twenty years and he is a good member of the community. He is a member of our Chamber of Commerce. Each year - I just want to say a few good things about Frank - each year, he plays Santa Claus for the children in Cutchogue at the local library and he arrives by helicopter. So he does - and his wife plays Mrs. Santa Claus so they are very active in the community and I feel we should grant what they want. One other comment was made about the value of the property and I would like to pick up with what Eric said. There is a piece of property right across from the marina that just sold for two hundred and sixty thousand dollars. The property, even say four or five years ago, maybe was a hundred and eighty thousand dollars so that property has not gone down along Bay Avenue, Skunk Lane. Thank you. Chairman Orlowski: Any other comments? Charles Lindski(sp.?): Good evening. I am in the marine business. I am a competitor of Frank's, actually. I know from my experience in the marine business, one of the problems we are running into is an environmental problem. And they are stressing that Southold Town Planning Board Page Fifteen November 1, 1999 we should, if at all possible, keep everything off the ground, keep it inside - gas cans, batteries, you name it. You have to have a place to put these things. When a customer asks for an item, it has to be kept inside - either theft or environmentally. As far as the marina's operation, it complies with public access. We have to have these things for the public - not only for locally but for the tourists that come in from out of town. He does need this storage building. He needs a storeroom. I, myself, if I could put up more buildings to comply, I would. I just hope you approve Frank. Thanks. Chairman Orlowski: Any other comments? Frank Zito: My name is Frank Zito. Chairman Orlowski: Not Santa Claus? Frank Zito: Not Santa Claus, but sometimes I am, yes, I can’t help it. I am here for the neighborhood. I am not here for myself. All the people in my marina come from Nassau Point, Broadwaters Cove, and Nassau Farms. Nobody comes from New Jersey to keep their boat in my marina. They are all neighbors so I don’t know what the problem is. And like Charlie Lindski(sp.?) said, I have to put my waste oil inside of a building. I can’t put it outside and I am getting - I have to have someplace to put my stuff. The more stuff you have, the more coverage you need. I have no storage there whatsoever. The only storage I do have is underwater half the time. So, please help me with this site plan. That’s all I have to say. Thank you. Chairman Orlowski: Anyone else? Hearing no further comments, I will entertain a motion to close the hearing. Mr. Latham: So moved. Mr. Ward: Second. Chairman Orlowski: Motion made and seconded. All those in favor? Ayes: Mr. Orlowski, Mr. Cremers, Mr. Edwards, Mr. Latham, Mr. Ward Chairman Orlowski: Opposed? The motion carries. I know it is tough sometimes when you live in a neighborhood that has a marina. I mean, it is an existing marina. It's conforming in every way. It has DEC permits, Trustees permits; it has Architectural Review approval. Everything is in order. I know that you people are concerned in the neighborhood and things always happen like this but Mr. Zito has been here for a long time and has done every single thing that we have asked and so far I have not seen anything wrong. So, with that I will make the following motion: Southold Town Planning Board Page Sixteen November 1, 1999 WHEREAS, Frank and Carol Ann Zito are the owners of the property known and designated as Broadwaters Cove Marina, SCTM# 1000-104-8-2.5, located on Bay Avenue in Cutchogue; and WHEREAS, a formal application for the approval of this amended site plan was submitted on August 9, 1996; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, declared itself lead agency and issued a Negative Declaration on October 21, 1996; and WHEREAS, a final public hearing was closed on said site plan application at the Town Hall, Southold, New York, on November 1, 1999; and WHEREAS, boats for storage or sale will not be placed in the parking area north of the basin; and WHEREAS, this site plan was certified by the Building Inspector on October 6, 1999; and WHEREAS, Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has received affidavits that the applicant has complied with the notification provisions; and WHEREAS, all the requirements of the Site Plan Regulations of the Town of Southold have been met; be it therefore RESOLVED, that the Southold Town Planning Board grant final approval on the surveys dated August 25, 1999, and authorize the Chairman to endorse the final surveys subject to a one year review from date of building permit. Mr. Ward: Second the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Cremers, Mr. Edwards, Mr. Latham, Mr. Ward Chairman Orlowski: Opposed? Motion carries. ********** Hearings Held Over From Previous Meeting: Ginsberg Family Chairman Orlowski: - This proposal is to set off a 3.8-acre parcel from a 52.27-acre parcel. The 3.8-acre parcel is proposed to be donated to the Peconic Land Trust and the remaining 48.47-acre parcel is pending the sale of development rights to Southold Town Planning Board Page Seventeen November 1, 1999 Suffolk County. The property is located on the south side of Main Road (S.R. 25) and the north side of New Suffolk Avenue, in Cutchogue. SCTM# 1000-116-1-2 Chairman Orlowski: Would anyone here like to make a comment while the hearing is still open? Tim Caufield: My name is Tim Caufield I am here on behalf of the Ginsberg Family and Peconic Land Trust. The hearing was held open from the last meeting. I think the only piece of business that was outstanding was the Health Department stamp and we since then have gotten everything squared away at the Health Department so I think all is in order on the application. We would just like to urge the Planning Board to close the hearing. Thank you. Chairman Orlowski: Any other comments? Hearing none, I would like to entertain a motion to close the hearing. Mr. Cremers: So move. Mr. Edwards: Second. Chairman Orlowski: Motion made and seconded. All those in favor? Ayes: Mr. Orlowski, Mr. Cremers, Mr. Edwards, Mr. Latham, Mr. Ward Chairman Orlowski: Opposed? Motion carries. What is the pleasure of the Board? Mr. Ward: Mr. Chairman, I'd like to offer the following resolution: WHEREAS, Richard Ginsberg and Marvin Brown are the owners of the property known and designated as SCTM#1000-116-1-2, located on the south side of Main Road (State Route 25) and the north side of New Suffolk Avenue in Cutchogue; and WHEREAS, this proposed set off, to be known as set off for the Ginsberg Family, is to set off a 3.8 acre parcel from a 52.27 acre parcel; and WHEREAS, the 3.8 acre parcel is proposed to be donated to the Peconic Land Trust; and WHEREAS, the remaining 48.47 acre parcel is pending the sale of development rights to Suffolk County; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, declared itself lead agency and issued a Negative Declaration on September 27, 1999; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on November 1, 1999; and Southold Town Planning Board Page Eighteen November 1, 1999 WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has received affidavits the applicant has complied with the notification provisions; and WHEREAS, all the requirements of subdivision regulations for the Town of Southold have been met; be it therefore RESOLVED, that the Southold Town Planning Board approve and authorize the Chairman to endorse the final surveys dated October 6, 1999. Mr. Cremers: Second the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Cremers, Mr. Edwards, Mr. Latham, Mr. Ward Chairman Orlowski: Opposed? Motion carries. ********** Summit Estates, Section 4 Chairman Orlowski: - Section 4 of this major subdivision is for one 4.3739 acre lot (Lot #33). The property is located off Shipyard Land in East Marion. SCTM#1000-38-7-p/o 10 (a.k.a. SCTM#1000-35-8-5.3) I am going to entertain a motion to hold the final hearing for Summit Estates, Section 4 open until such time as Conditions Number 3, 4 and 5 of the approval in regard to the public hearing in accordance with Condition Number 11 of the Declaration of Covenants and Restrictions are fulfilled to the satisfaction of the Planning Board. That will be the motion. Is there anyone here who would like to make a comment while the hearing is still open? Hearing none, do I have a second to that motion? Mr. Cremers: Second. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Cremers, Mr. Edwards, Mr. Latham, Mr. Ward Chairman Orlowski: Opposed? Motion carries. ********** Rockcove Estates Chairman Orlowski: - This major subdivision is for 23 lots on 28.315 acres located on the north side of Middle Road (County Route 48), approximately 500 feet west of McCann Lane, in Greenport. SCTM#1000-33-3-19 Southold Town Planning Board Page Nineteen November 1, 1999 We have correspondence from the applicant stating that he has not finished his Traffic Study. The hearing is open. If you would like to make comments, we will listen. Christina Anderson: I am Christina Anderson from Greenport. I have a question with respect to this Traffic Study. Was the notice given to the association - to the tax payers - that this Traffic Study was being done? Chairman Orlowski: No. Christina Anderson: O.K. So, none of us knew here tonight. We all came in expecting to have a hearing. I respectfully request that if, logistically, it can be done with our tax- paying money to send some sort of notice - I imagine this is being done for the courtesy of the applicant and the developer - I am totally speaking impartially but I think that, in the balancing the equities here, that both the residents and the applicants should be taken into consideration. I am not in favor and I think that most of the residents are not in favor of development - against development, rather - if it is done in a considered manner and this Traffic Study - I would requestfully respect when is it being performed? Chairman Orlowski: I would assume right now. Christina Anderson: In the winter? Chairman Orlowski: Right now. Christina Anderson: No, I am not being facetious, please. Some people here are laughing - I am asking this really very sincerely. If we have a Traffic Study in the winter, I don’t know how valuable it really will be in the results of it and I would like the Board to take that into consideration. That is point one. When will it be completed? Do we have any idea? Chairman Orlowski: We thought it would have been this week but we have not received it and when we do receive it, it will have to be reviewed by our Consultant. Christina Anderson: Right. I would also respectfully request on behalf of the residents that it be shared with us ahead of time. Chairman Orlowski: It is a public document so when it comes in, you can come and review it. Christina Anderson: We can review it. I also am very much in favor of lack of repetition, you know, having one resident after another coming up and repeating the same complaints and so, for the next hearing, I would respectfully request that we put a few things into the hopper so to speak. One would be that there is a road, which goes down now; it is illegal, close to the beach, and I would respectfully request that regular steps be put down as everyone else has got to put steps down. This is, of course, to evade the dirt bikes going down there. I understand - I have not seen it recently but there is apparently some construction debris which has been covered over partially with dirt but Southold Town Planning Board Page Twenty November 1, 1999 that that be taken into consideration, to be brought to the attention of the developer to make sure that there is no illegal access to the beach down there and there is a platform apparently which should be attended to. There are other issues with regard to the hydrants, which were raised last time, and I don’t believe they were addressed and I would respectfully request that, when we come next time, that we have answers to those. There is apparently only a proposition now for one hydrant and I would like have answers next time on that. I don’t believe the Association's attorney is here tonight and I am respectfully requesting that these answers be prepared and ready for us next time so we can move forward in a very efficient manner. Thank you. Chairman Orlowski: Thank you. It is going to remain open but your comments that you have, if you would like to put them in writing, we can address them in time instead of here at the meeting. Fausto Simidor(sp.?): My name is Fausto Simidor and I represent Gail Port whose house is 1015 Sound Drive, the dead end of Sound Drive and McCann. I just want to piggyback on this hydrant thing because, at the last session we had, the former recent Fire Chief of Greenport recommended that you have more than one fire hydrant on that parcel, especially with the cul-de-sacs and so forth - the present lay-out. So I would like the Board to consider what the previous speaker said so we don’t repeat and waste a lot of time what the Board's feeling is on how many hydrants should be there and how those hydrants should be activated by individual wells or by attachment to the water main and I would like the Board to consider where they think or recommend or demand that these hydrants be situated on that parcel. Thank you. Chairman Orlowski: In that regard - and I believe the applicant mentioned it at the last meeting - they are going to put dry mains in. The only reason they are not being connected right this second to Suffolk County Water is because we are in a moratorium until we address the Water Study. But they fully intend on being hooked up in the near future and the dry mains are going to go in. I understand that, talking to the applicant, the hydrants will be placed in that line and they will be charged but nothing will be connected until the moratorium is over and the Water Authority and the study is done and they know that they can connect to houses but the hydrants will be there from what I understand. Melanie Norden: I live on McCann Lane. With respect to the Traffic Study - could you back up for a minute and tell us who will be conducting the study and what their credentials are, why it is upon the developer to enact the study as opposed to the Planning Board - whether that is a matter of local law or custom and, in fact, how the Traffic Study came about. Chairman Orlowski: The Traffic Study came about because of the concerns right from this public hearing. There were two major concerns. I believe one was access to the beach, which we addressed by moving it over to the middle of the lot and the beach area. The second major thing that has come out of the public hearing is the traffic. We asked the applicant to do the Traffic Study which we always do because we can never Southold Town Planning Board Page Twenty-One November 1, 1999 afford to do all these traffic studies. It will be done by a professional and it will be signed off on and our professional will review it. Melanie Norden: What kind of professional does this? Chairman Orlowski: Probably a Traffic Engineer. Melanie Norden: What do you mean probably? I mean, have you made it a requirement that a Traffic Engineer actually conduct it? Chairman Orlowski: I am sure that it will be a Traffic Engineer. Melanie Norden: So you have actually asked the developer, at their expense, to hire a Traffic Engineer to conduct a study and can you describe a little bit what kinds of concerns or restrictions you made upon that request? Chairman Orlowski: Made no restrictions. He has to produce the document and we will review it. Melanie Norden: What kind of a document would he produce then if you have not asked for specific information? Chairman Orlowski: A Traffic Study. Melanie Norden: What is a Traffic Study? Chairman Orlowski: It is a study of the traffic and any other things that will be in there - the documents - when it comes in, you will have time to review it. Melanie Norden: I understand that but I really would like - I mean, in other words, without the perimeters of understanding what in fact you requested of the developer, there is no way for us to analyze whether, in fact, you requests of the developer meets our concerns. So the real bottom line question is: a Traffic Study for nine months out of the year, twelve months out of the year, with observation - what kind of a study are we talking about? Please define what you mean by Traffic Study. Richard Ward: Generally speaking, a traffic study will - Melanie Norden: Not generally - I want specifically speaking for this developer and this Traffic Study. Mr. Ward: I can only answer what I can answer and that is - Melanie Norden: What did you ask this particular developer then? I am not talking about generally speaking. I mean was this request made in writing, for example, with certain perimeters fully and clearly defined or was it simply said off the cuff to the developer that we would like you to do a Traffic Study? I want the actual specifics of what was Southold Town Planning Board Page Twenty-Two November 1, 1999 requested of the developer when you talked about a traffic study or did you simply say we would like a traffic study. Do we have a document in writing defining traffic studying for the purposes of what you asked the developer? Mr. Ward: We have a problem - perceived problem - from the neighborhood of traffic the way it's - Melanie Norden: We all understand that. Mr. Ward: You understand that. Obviously, a Traffic Study is going to review that to see whether that perceived problem is a real problem and whether alternative access should be provided. Melanie Norden: I understand that but what, specifically, was asked of the developer - was requested in writing? What do you define as a Planning Board by meaning a traffic study? What does that mean to the Planning Board and did you make the specifics of the study clear to the developer? Or did just simply say guys go get a Traffic Study? I mean, how was this done - did you just make a request in writing to the developer? Mr. Ward: We requested a Traffic Study but not with specifics. Melanie Norden: In writing or just verbally? Chairman Orlowski: In writing. Melanie Norden: O.K. A Traffic Study simply saying let’s have a Traffic Study or did you ask any specifics at all? Richard Ward: No specifics. Melanie Norden: O.K. So how do we know, given the fact that you did not ask for anything specific, whether in fact this Traffic Study is going to study anything this specific? Mr. Ward: Well, it means then if it doesn’t say anything, the hearing is going to stay open longer. Melanie Norden: That does not really answer my concerns. Mr. Ward: Well, I know it does not answer your question but I don’t have an answer. Melanie Norden: My concern is that the Planning Board itself does not seem to have taken a leadership role in defining in some way or another and or representing the concerns of the people who are in this room. We don’t really have a great deal of time to waste and we said last time that we didn’t want to engage in protractive litigation. Now the question is, we raised a lot of very, very real concerns. What you end up coming back and telling us is we asked these guys to do a Traffic Study but we did not in any Southold Town Planning Board Page Twenty-Three November 1, 1999 way innumerate the very serious concerns that we raised over a three hour period at a public hearing. So how are we going to know that those developers, in fact, understand what our concerns were when we as taxpayers came out and spent time at a public hearing? So I ask you again - have you enumerated in any way or made specific to the developer what the concerns are of the tax payers as represented in this room? Mr. Ward: It is obvious to the developer what your concerns are. He knows the concerns - Melanie Norden: Our concerns may be obvious to the developer but the question is, is the developer interested, in any way, in responding to our concerns? Mr. Ward: I think you should wait to see the Traffic Study. Melanie Norden: So what you are really basically saying – let's make this really clear for the record - that the Planning Board asked the developer to conduct a Traffic Study but in no way created, or in any way inferred or specified, any of those concerns visa vie what we raised in the hearing or any other concerns regarding a Traffic Study? Mr. Ward: All those concerns are on the record. Chairman Orlowski: All those concerns are on the record. Melanie Norden: Raised in what way - in writing or in what way? Chairman Orlowski: They are on the public record right here. Mr. Ward: Everything you just said is on the record. Melanie Norden: It is a very disappointing state of affairs. Chairman Orlowski: O.K., any other comments before we move on? Fausto Simidor(sp.?): I understand there were some tests wells and I found out that there were more than one test well. I would like the Board to, in its' file on this matter, find out how many tests wells were dug, were there any dry holes and what was the depths of the wells that produced water and the quality of the water. Thank you. Chairman Orlowski: Again, the applicant has given all of that information to the Health Department. The Health Department has given them approval recommending the connection to Suffolk County water. If the applicant proceeds the way he proceeds now and he does not get connected, he has to put a test well on every single lot and go though the process with the Health Department and he has to meet their criteria. Fausto Simidor(sp.?): Is that before he puts it on the block for sale? Chairman Orlowski: Before he puts it on the block. O.K.? Southold Town Planning Board Page Twenty-Four November 1, 1999 Fausto Simidor(sp.?): Thank you. Chairman Orlowski: I am going to entertain a motion to hold this hearing open. Mr. Markakis(sp.?): Can I have a minute please? Thank you. My name is Markakis from Southold. From listening to the exchange of discussion on the subject of the Traffic Study, I get the feeling that there is certain resentment as to the specifics and some form of impartiality will emerge at some point and my question would be, looking ahead, the group of the association that is concerned with all these matters in the area, including the traffic - what is the practice or any legal requirement to proceed on an individual Traffic Study if they so desire. Is that an acceptable practice or objectional or if they come to challenge the impartiality, then we get into a very peculiar field and I don’t have any proceeding to judge the process but I wonder if the association would have the right, if they feel that there is a matter of impartiality or partiality,to - at their expense and time - obtain a Traffic Study from a credible and acknowledged and certified engineer - unbiased you may call it - but that’s only the extent of my question just in case it comes up later on so we are prepared to give the answer. Chairman Orlowski: As you know, through this whole process, we have decided to do the Traffic Study because of all the comments. All the comments the applicant knows about. Any other comments you may all have, you can address in writing at any time. This hearing is open. The applicant might even have time to address it in his document but he has to produce this document. So, when this document is presented to us, it will be a public document; it will be available to who ever you want to give it to or to review yourself. Our Consultant will also review this document so, you know, as impartial as you can get - I mean, it is going to be reviewed by our Consultant and it can be reviewed by your Consultant. Mr. Markakis: Well, that I understand but what I do not know - again - is the possible right of the association to appoint an independent surveyor if they feel that, in the process, they are not having exactly what they expect to have in terms of accuracy. Sometimes the time of the performance of the survey - I can tell you something between you and me but don’t let the public listen but I can get thirty, forty people to run up and down the road if I can determine when that surveyor is there or even if not. I can do it as sport as I am going fishing with my friend - take a vehicle and go up and down and see if this represents reality, you see, on the one side of the street and the other side of the street. Chairman Orlowski: O.K. I did not hear that and good luck. Mr. Markakis: Well, I did not get my answer but I hope at some point from my own education I will get one because it's sticky. Thank you. Vincent Pappas: My name is Vincent Pappas. I live at 2100 Sound Drive. I am the owner of a house here. The ….(inaudible) of traffic is in the summertime. Like you go now to the Hamptons, it is Paradise. You go in the summertime, it is bumper to bumper. The same thing will come to here. Any traffic now is zero. Come here June, July, August Southold Town Planning Board Page Twenty-Five November 1, 1999 and you will see what is going on. You can not go out. You have to wait five and ten minutes to go out from Moores Lane. Thank you. Chairman Orlowski: Any other comments? I am going to entertain a motion to hold the hearing open. Mr. Cremers: So moved. Mr. Latham: Second. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Cremers, Mr. Edwards, Mr. Latham, Mr. Ward Chairman Orlowski: Opposed? Motion carries. ******************** SITE PLANS – STATE ENVIRONMENTAL QUALITY REVIEW ACT Lead Agency Designation: Premium Wine Group Chairman Orlowski: – This proposed site plan is for a winery consisting of a 7,800 square foot production building, a 10,200 square foot storage building and a 2,400 square foot future tasting building in Mattituck. SCTM#1000-121-6- 1 Mr. Latham: BE IT RESOLVED that the Southold Town Planning Board start the lead agency coordination process on this unlisted action. Mr. Cremers: Second the motion. Chairman Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Cremers, Mr. Edwards, Mr. Latham, Mr. Ward Chairman Orlowski: Opposed? Motion carries. O.K. I have nothing left on my agenda. If anyone would like to put anything on the public record, they can so now otherwise we are going to break and go into a Work Session. So if no one has anything to say, I will entertain a motion to adjourn. Mr. Cremers: So moved. Southold Town Plannina Board Paae Twentv-Six November 1, 1999 Mr. Edwards: Second. Chairman Odowski: Motion made and seconded. All those in favo~ Ayes: Mr. Odowski, Mr. Cremers, Mr. Edwards, Mr. Latham, Mr. Ward Chairman Odowski: Opposed? Motion carries. There being no further business to come before the Board, the meeting was adjourned at 8:55 p.m. Respectfully submitted, /erilyn B~. Woodhouse, Chairperson