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HomeMy WebLinkAboutPB-01/08/2001PLANNING BOARD I~/iE3/IBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCI-IIE LATHAM, JR. RICHARD CAGGIAN© Town Hall, 53095 State Route 25 P.O. Box 1279 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN- OF SOUTHOLD MINUTES January 8, 2001 6:00 p.m. Present were: Bennett Orlowski, Jr., Chairman Richard Caggiano William J. Cremers Kenneth L. Edwards George Ritchie Latham, Jr. Craig Turner, Planner Robert G. Kassner, Site Plan Reviewer Carol Kalin, Secretary Mr. Orlowski: Good evening. I'd like to call this meeting to order. The first order of business is for the Board to set Monday, February 12, 2001, 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 move. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Mr. Orlowski: Opposed? Motion carried. Southold Town Planning Board Pa,qe Two Janua~ 8,2001 PUBLIC HEARINGS Site Plans: Mr. Orlowski: 6:00 p.m.: VanDuzer Appliance Co. -This proposed site plan is to aCld a 1,800 square foot addition to an existing building. The property is located on CR 48 in Southold. SCTM#1000-55-2-24.4 Are there any comments on this proposed site plan? Hearing none, are there any questions from the Board? Hearing none, at this point in time, we really can't close the hearing because the applicant has not done everything he's supposed to do in regards to notification. I'd like to entertain a motion to hold this hearing open. Mr. Ca.q.qiano: So move. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Mr. Orlowski: Opposed? Motion carries. Subdivisions: Mr. Orlowski: 6:05 p.m.: Davis/Gerhard-McAIlister- This proposed lot line change will eliminate a 41,552 sq. ft. lot, SCTM#1000-109-3-2.26.20,364 sq. ft. will be added to .a 41,997 sq. ft. lot, SCTM#1000-109-3-2.27, and 21,188 sq. ft. will be added to a 43,200 sq. ft. lot, SCTM#1000-109-3-2.25. The property is located on Linden Avenue in Cutchogue. Are there any comments? James Spiess, Esq.: Good evening. I represent the applicants. I have the Affidavit of Posting along with the certified cards for the mailings to the adjacent owners. I also have an additional affidavit for personal service on one of the adjacent owners. He apparently had a mailing to a post office box and we sent the mail to the street address and it came back undelivered so I served him personally so that's why the extra affidavit is there. One of the adjacent property owners has an address in Malibu, California. That certified mailing was sent on, I believe, December 26th. We do not have that return receipt card back yet. Southold Town Planning Board Page Three January 8, 2001 Mr. Orlowski: O.K. Mr. Spiess: It's a simple application. It's going to convert three lots into two. The property is located on Moores Lane in County Club Estates. I don't know what else I can say about it. Mr. Orlowski: Right. Does the Board have any questions? (There were none.) Thank you. Are there any other questions or comments? Hearing none, I'll entertain a motion to close the hearing. Mr. Cremers: So move. Mr. Edwards: Second. Mr. Odowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Odowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Mr. Orlowski: Opposed? Motion carries. (The hearing was closed at 6:08 p.m.) Mr. Spiess: Thank you. Mr. Cremers: Mr. Chairman, I'll offer the following: WHEREAS, Jane Gerhard and Barbara Davis are the owners of two parcels, SCTM # 1000-109-3-2.26 & 2.27, and Donald and Susan McAIlister are the owners of a parcel, SCTM # 1000-109-3-2.25, all located on the west side of Linden Avenue in Cutchogue; and WHEREAS, this proposed lot line change is to merge the one vacant parcel, SCTM # 1000-109-3-2.26, into the two residential parcels; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, did an uncoordinated review of this unlisted action, made a determination of non-significance, and granted a Negative Declaration on December 18, 2000; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on January 8, 2001; 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 Planning Board .Page Four January 8, 2001 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 18, 2000, subject to fulfillment of the following condition. This condition must be met within six (6) months of the resolution: The filing of new deeds pertaining to the merger of a vacant parcel, SCTM # 1000-109-3-2.26, into two residential parcels, SCTM # 1000-109-3-2.25 & 2.27. Mr. Latham: Second the motion. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Mr. Orlowski: Opposed? Motion carries. MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES AND SET OFF APPLICATIONS Setting of Final Hearings: Mr. Orlowski: North Bayview Associate-~ - This minor subdivision is for 4 lots on 15.973 acres located on the south side of North Bayview Road, approximately 150' east of Seawood Drive, in Southold. SCTM#1000-79-8-12 Mr. Edwards: Mr. Chairman, I'll offer the following resolution: BE IT RESOLVED, that the Southold Town Planning Board set Monday, February 12, 2001, at 6:00 p.m. for a final public hearing on the maps dated November 16, 2000. Mr. Cremers: Second the motion. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Mr. Orlowski: Opposed? Motion carries. Southold Town Plannin,q Board Pa,qe Five January 8, 2001 Mr. Edwards: BE IT FURTHER RESOLVED to adopt the Trustees' Report, dated December 20, 2000. Mr. Cremers: Second the motion. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Mr. Orlowski: Opposed? Motion carries. Sketch Extensions: Mr. Orlowski: Orchard Acres (a.k.a. Keith Scott Morton) - This minor subdivision is for 4 lots on 17.59 acres 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 Mr. Latham: Mr. Chairman, i'11 offer this resolution: BE IT RESOLVED that the Southold Town Planning Board grant a six month extension of sketch plan approval from January 19, 2001 to July 19, 2001. Sketch plan approval was granted on July 19, 1999. Mr. Cremers: Second the motion. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Mr. Orlowski: Opposed? Motion carries. MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES, SET OFF APPLICATIONS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Determinations: Mr. 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 Oregon Road in Mattituck, SCTM#1000-95-1-4 Southold Town Planning Board Page Six January 8, 2001 Mr. Ca.q.qiano: Mr. Chairman, I'H offer the following: WHEREAS, no other agencies have asked to be granted lead agency status; be it RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, assumes lead agency, and as lead agency makes a determination of non-significance and grants a Negative Declaration. Mr. Edwards: Second the motion. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Mr. Orlowski: Opposed? Motion carries. Mr. Ca.~iano: And be it- FURTHER RESOLVED, that the Southold Town Planning Board adopt the request of the Cutchogue Fire District for a fire well near the residential lots on the property. Mr. Cremers: Second the motion. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Mr. Orlowski: Opposed? Motion carries. SITE PLANS Set Final Hearings: Mr. Orlowski: Sprint Spectrum - This proposed site plan is to replace an existing 100' monopole with a new 110' monopole, replace all existing antennas, affix 9 additional wireless telecommunication antennas and install related equipment cabinets at the base of the pole. The property is located on Rt. 25 & Elijah's Lane in Mattituck. SCTM#1000- 108-4-11.3 Mr. Edwards: Mr. Chairman, I'll offer the following resolution: Southold Town Planning Board Page Seven January 8, 2001 BE IT RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, establishes itself as lead agency, and as lead agency, makes a determination of non-significance and grants a Negative Declaration. Mr. Cremers: Second the motion. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Mr. Orlowski: Opposed? Motion carries. Mr. Edwards: And, Mr. Chairman ~ BE IT FURTHER RESOLVED that the Southold Town Planning Board set Monday, February 12, 2001 at 6:10 p.m. for a final public hearing on the maps dated July 12, 2000. Mr. Cremers: Second the motion. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Mr. Orlowski: Opposed? Motion carries. Mr. Orlowski: Stephen Pawlik - This proposed site plan is for a 1,200 sq. ft. storage building. The property is located on Sound Avenue in Mattituck. SCTM#1000-141-3-40 Mr. Cremers: Mr. Chairman, I'll offer the following: BE IT RESOLVED that the Southold Town Planning Board has determined that this action is a Type II Action and not subject to review under the State Environmental Quality Review Act, (Article 8), Part 617. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Mr. Orlowski: Opposed? Motion carries. Southold Town Planning Board Pa.qe Eight January 8, 2001 Mr. Cremers: BE IT FURTHER RESOLVED that the Southold Town Planning Board set Monday, February 12, 2001 at 6:05 p.m. for a final public hearing on the maps dated November 10, 2000. Mr. Ca.~iano: Second the motion. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Mr. Orlowski: Opposed? Motion carries. Mr. Orlowski: Gulf Service Station - This proposed site plan is for a 135 sq. ft. addition to an existing service station. The property is located on the Main Road in Southold. SCTM#1000-70-7-4 Mr. Ca.q.qiano: Mr. Chairman, I'll offer the following: BE IT RESOLVED that the Southold Town Planning Board has determined that this action is a Type II Action and not subject to review under the State Environmental Quality Review Act, (Article 8), Part 617. Mr. Cremers: Second the motion. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Mr. Orlowski: Opposed? Motion carries. Mr. Ca.q.qiano: BE IT FURTHER RESOLVED that the Southold Town Planning Board set Monday, February 12, 2001 at 6:15 p.m. for a final public hearing on the maps dated November 27, 2000. Mr. Cremers: Second the motion. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Southold Town Planning Board Pa,qe Nine Januaw 8,2001 Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Mr. Orlowski: Opposed? Motion carries.. OTHER Mr. Orlowski: Terry-Wysocki - This proposal is to set-off a 1.84 acre parcel (Lot #1) from a 32.33 acre parcel. The remaining parcel (Lot #2) is 30.49 acres on which the Town has purchased the development rights on 28.65 acres. The property is located on the north side of Main Road in Orient. SCTM#1000-20-1-(3.2-3.4) Mr. Latham: Mr. Chairman, I'll offer this: WHEREAS, this subdivision was approved by the Planning Board on November 13, 2000; and WHEREAS, the Suffolk County Clerk requested that certain technical changes be made to the map, which did not affect the set-off; be it therefore RESOLVED, that the Southold Town Planning Board authorize the Chairman to endorse the final surveys dated November 10, 2000. Mr. Cremers: Second the motion. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Mr. Orlowski: Opposed? Motion carries. Mr. Orlowski: That is the end of our agenda. I'll ask if anybody would like to make any comments? Thor Hanson, Southold Citizens for Safe Roads: I think, as you know, I sent you a letter and I sent copies to all of the other Board Members on the 27th of December that has to do with - I'd like to give to you this evening letters representing about 570 signatures~ There won't be 570 letters because a good number of them have two names on them. But, it's 570 people about right now and I picked up 20 of them today - no, 10 today. What they're asking in these letters - and I sent you copies of them as well as a sample, Southold Town Planning Board Page Ten January 8, 2001 is that the Planning Board take very seriously as a Type I Positive Declaration matter, the site concept, site plan that Cross Sound Ferry has submitted more recently, I guess a few months ago by now. We would say it should be a Type I because essentially the same kind of plan was determined by this Board to be a Type I Positive Declaration about four years ago. And when you look at it, not much has changed really. They dropped the Trust Territory, the Trust Property, but it appears that they want to jam about the same number of cars into the three lots that are already there, that they ha,~l all along. It's hard to tell that because the concept that we see has hardly any numbers in it at all. There are not total numbers but we see in the Cross Sound Ferry recent newsletter that they're asking essentially, as they put it, to "sustain present operations as they are". And they say that they want to, this should replace the two site plans, 1984 and 1995 - if I read it right, what they said in their newsletter and they would like to get those put into concrete, I guess, and approved. But, it's our opinion that they're trying to do this without having a SEQRA Review and that troubles us a great deal. And the reason it does is that there's never been any SEQRA Review on any part of that operation since the beginning as far as I can find out. Never. The other point is that the two site plans that had been approved in '84 and '95 are being violated every day by Cross Sound Ferry and when they state in their newsletter that all they want to do, in their words, is to get those confirmed - that troubles us too because the violations that are taking place, and are being allowed to take place, seem to us to be not good at all. One of them allows the ferries to off-load coming out Route 25 immediately, the extension of Route 25, instead of using the road that they were required to build in '84 and did build that parallels that extension of Route 25 and runs up close to, right along side of the terminal there. They're supposed to come out that way; they're not. And the reason they aren't, I guess, is that they can put a lot more cars on the apron to load onto the ferry if they do it that way. But, in our opinion, it creates a dangerous situation when cars coming off the ferry turn over into that Route 25 where people are coming in and Route 25 originally was put that way, as I understand it, to have parking places at the end of it and the ferry is violating those. They're allowing those parking places to be used for long-term parking. Those were supposed to be for local people who wanted to go down and stop to pick up people or go walk on the beach. But they want to take that, I would assume, because they're doing it now. They want to continue doing that. It's that kind of thing, those violations that are allowed to continue, that the Ferry apparently wants to get approved in the new site plan and, apparently, without a SEQRA Review and a Positive Declaration. So, we feel very strongly and that's the tenor of the letter that the people signed to send to you which I'll deliver tonight that says please don't allow that. Let's make it a Type ! Positive Declaration as it should be because we need, I think very strongly and our group, that we've got to get this as a guide post for any future expansions and so forth. There's just never been, as I said - you know there's only been, up to now, 73 parking spaces ever approved in a site plan for out there. 69 in the West Lot in the '95 site plan and they've got 4 out in front. Then you've got the apron for loading. But none of the parking spaces that have been used in the Snack Bar Lot Southold Town Planning Board Pa,qe Eleven January 8, 2001 have ever been approved by and never been submitted as a site plan or approved as a site plan. There's only 73 spaces out there that have ever been approved and they're putting all kinds of cars in, as you know. And some of that is called pre-existing, nonconforming, and we believe some of that is based on, I guess it is based on, the fact that people used to park out there - some, a few cars and trucks - before there was a Zoning Board, before we had a Zoning Law and that supposedly gives authority for 250 or 260 cars that are jamming in over there now. Now they say that there will be fewer. In fact, Benny, you told me once there would be some fewer because they're going to outline that area better. But, there's no way to know that at all from anything that's been submitted that we've seen to date. No way at all. Because they don't have any total on there. So, when they say they're going to reduce the numbers, how do you know? You don't know what they're reducing them from because there aren't any numbers there now. That's our plea, that you do take this seriously and that when this does come and that it should be - I don't know where it's beenl It's been, what? Five or six months now since they set the concept and said they'd be sending in a site plan. As you recall, the first time, when you gave the Positive Declaration, the Ferry sued the Town - the Planning Board and the Town and said that you had exceeded your authority, that the section of the Code, the Town Code, that applied to give the Positive Declaration was unconstitutional. As you know, that sat in the Courts for about a year, mostly I think because your lawyer didn't ever respond. Just didn't respond and he kept asking for two week extensions over and over and over. Any finally he responded. We never saw a copy of that but he did respond and the Judge said, well, he didn't think it was valid but, on the other hand, he would now decide it on the merits. When he decided on the merits, he threw both of Cross Sound's Article 58 suits out. And it's troubled us that that was a victory, I thought, for the Planning Board, for the Town. It was a victory. But then, since then for some reason, you've allowed the Ferry to come in with a concept that's supposed to become a plan and you've had a hearing on it. A public hearing that's still open as I understand it. ! guess it's suspended now until they submit something. Mr. Orlowski: It's adjourned. Mr. Hanson: But why? Supposedly so that there could be public comment on the concept before it became a plan but the concept had nothing in it that you could comment on hardly. It was bereft of detail. Nothing there. So, we haven't had meaningful comment. There's been a lot of sort of yelling back and forth but there's been no meaningful comment. And there can't be because there's nothing to comment on that's subsitive and that's been troubling to us. So, the bottom line is - please take heed and let me bring them up now. Each one of these is an individual letter. We cut them down so they're small in height and all that. But everyone of those is at least one signature and quite a few are for more than that. So, there's a lot of feeling out there. And, by the way, about 210 people sent money because they felt that it was important and the individual things range from $5.00 to $1,500. So, there's a lot of feeling out there on this. And if this is part of public comment, that's what I'd like to make. Thank you. Southold Town Planning Board Page Twelve January 8, 2001 Mr. Orlowski: O.K., Thor. Thank you. The hearing is adjourned right now, just like you said. We are disappointed with Cross Sound in not presenting a site plan, a full blown site plan, to us a little sooner. But, we keep getting the same answer, that it's coming. When the site plan does arrive, everybody will get to see it - yourself and everyone here. You can take a look at it then. At that time, Chic Voorhis will review the SEQRA and the Traffic Study and we'll bring it back on for public hearing after all that's done. Mr. Hanson: Well, you know it's been going on for five years now, six years. Mr. Orlowski: I tried to speed it up by starting with the conceptual plan so that everybody knows what's going on but it didn't seem to work for Cross Sound. They're still taking their time and we are disappointed with that. Mr. Hanson: Four years ago they put in a plan that was a concept and nothing happened. Mr. Orlowski: So, we're still waiting. Mr. Hanson: It looks like we're spending another winter sitting around so that they can operate for the seventh summer without a site plan on this high speed boat. Thank you very much for your time. Mr. Orlowski: Thank you, Thor. Would anyone else like to make a comment? Hearing none, I will entertain a motion to adjourn. Mr. Cremers: So move. Mr. Ca,q,qiano: Second. Mr. Orlowski: Motion made and seconded. All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Mr. Orlowski: Opposed? Motion carries. There being no further business to come before the Board, the meeting was adjourned at 6:26 p.m. Respectfully submitted, ennett Or(d'~,"Jr ,' Chairman Carol Kalin, Secretary