The URL can be used to link to this page

Home My WebLink AboutPB-03/13/2006 KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND MAIliNG ADDRESS: P.O. Box 1179 SouthoId, NY 11971 PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair OFFICE WCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) SouthoId, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD PUBLIC MEETING MINUTES Monday, March 13, 2006 6:00 p.m. Present were: Jerilyn B. Woodhouse, Chairperson Kenneth L. Edwards, Member Martin H. Sidor, Member George D. Solomon, Member Joseph L. Townsend, Member Victor L'Eplattenier, Planner Amy Ford, Senior Planner Mark Terry, Senior Environmental Planner Anthony Trezza, Senior Planner Bruno Semon, Senior Site Plan Reviewer Linda Randolph, Secretary SETTING OF THE NEXT PLANNING BOARD MEETING Chairperson Woodhouse: Good evening and welcome to the March 13th meeting of the South old Town Planning Board. For our first order of business, I'll entertain a motion to set Monday, April 10, 2006 at 6:00 p.m. here at Southold Town Hall, Main Road, Southold, as the time and the place for the next regular Planning Board Meeting. Mr. Edwards: So moved. Martin Sidor: Second. Chairperson Woodhouse:. All in favor? Aves: Ms. Woodhouse, Townsend, Mr. Edwards, Mr. Sidor, Mr. Solomon. Chairperson Woodhouse: That motion carries. Southold Town Planninq Board Paqe Two March 13. 2006 Chairperson Woodhouse: Tonight we have four public hearings scheduled. There will be opportunities for those of you in the audience to address the Board. I would ask that if you'd like to address the Board, that you step up to either of the two microphones There is a sheet of paper there where you could write your name, print it if possible, so that we can see it clearly when we want to transcribe our meeting notes for the evening. PUBLIC HEARINGS Chairperson Woodhouse: 6:00 p.m. Grattan. Barbara: This proposal is to subdivide a 27.446-acre parcel into two lots where Lot 1 equals 1.838 acres and Lot 2 equals 25.608 acres. The property is located on the wlslo Depot Lane, 147' nlo School House Lane in Cutchogue, SCTM# 1000-102-1-9. Is there anyone here who would like to speak on this application? Patricia Moore: I have the whole Grattan family or most of the Grattan family here tonight. What we are trying to do is to split off the house from the farm parcel. The house was built in the 1800's, however the Grattan family has owned it since the 1940's. The house has been deteriorating over time, and it's just not economical for a person to buy this house with that acreage and renovate it. So, what they are proposing to do is keep the farmland still within the same family and the control and then sell off the old house. In order to do that, we have made this application to split the two. Thank you. Chairperson Woodhouse: Thank you. Is there anyone else who would like to speak on this application? Mike Malkush: I live at 890 Depot Lane, across the street. I just wondered with the old house, as far as, is there anything to preserve the house like that, I would hate to see it get subdivided and then the house get knocked down and homes get built there. That was my concern. I never really came to this before, I don't know who would have the answer for that. Pat Moore: I could answer to the extent that the house is old; they are going to leave it up to whoever ultimately buys it to decide for themselves whether it is structurally sound in order to renovate it or whether it has gone too far. It's really right on the edge and we have not done an engineer's inspection that we can count on to give you a definitive answer one way or another. I think it really will depend on the person who buys it and what kind of features that are in the house that will be preserved. Mike Malkush: Do you have a buyer in mind? Pat Moore: No. It has not gone on the market. If you are interested, you can certainly speak to them. Southold Town Planninq Board Paqe Three March 13. 2006 Mike Malkush: I just wondered with a house like that if there was just somebody else who could just look at it just to make sure that there is a chance to preserve what's left, as they say, save what's left. We look at it all the time, and I see it; it looks structurally sound and it looks like a beautiful house and I would really love to see it fixed up and hopefully that's what would happen with it. (inaudible from audience; Grattan family member) Pat Moore: Well, she's just saying that she would really prefer that the house be left there, however, it really ultimately depends on the person who buys it, their financial condition. It's very costly to rehabilitate an old house, I can tell you that from experience. Mike Malkush: I guess my other question with it is: if it was subdivided, what would happen with the other half, is this phase one to subdivide that again, where is it going, I guess. Pat Moore: There has been no decision made on further subdivision of the farmland. That is why we are here; to split off the house so that it can remain as it is for as long as it can. It's really up to the next generation to decide what they want to do with that farmland. Mike Malkush: Is there any asking price on the house? Pat Moore: These people would be happy to talk with you privately. Chairperson Woodhouse: Excuse me, could I make the suggestion, because that aspect of it is not before this Board. Mike Malkush: OK. No, a lot of people have asked me about it, that's why, because I live across the street. Chairperson Woodhouse: May I just suggest that you introduce yourself to the Grattans, who are in the back of the room, and perhaps you could begin a conversation about the property; and thank you for coming to your first meeting. Is there anyone else who would like to address the Board on this? Any questions or comments from the Board, here? Hearing none, I will entertain a motion to close this hearing. Ken Edwards: So moved. Martin Sidor: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: The motion carries. Southold Town Planninq Board Paqe Four March 13. 2006 Martin Sidor: WHEREAS, this proposal is to subdivide a 27.446-acre parcel into two lots where Lot 1 equals 1.838 acres and Lot 2 equals 25.608 acres; and WHEREAS, by resolution dated February 15, 2005, the Southold Town Planning Board reclassified the application as a Standard Subdivision and required that the project enter the process at the preliminary plat approval stage; and WHEREAS, on January 18, 2006, the applicant submitted the preliminary map containing the Health Department stamp of approval; and WHEREAS, on January 18, 2006, the applicant submitted the application and fee for preliminary plat approval; be it therefore RESOLVED, that the Southold Town Planning Board hereby grant Preliminary Plat Approval upon the map prepared by Joseph A. Ingegno, L.S. dated December 4, 2000 and last revised on June 18, 2004, subject to the following conditions: 1. Submission of the application and fee for final plat approval. 2. Submission of draft Covenants and Restrictions containing the following clause: "By this Declaration, future residents of the lots which comprise this subdivision are advised that the lots may be subject to the noise. dust and odors normally associated with agricultural activities pursuant to Article XXII, Farmland Bill of Rights, of the Code of the Town of Southold." 3. Submission of the park and playground fee in the amount of $7,000. 4. Submission of eight (8) paper prints and five (5) mylars containing the Health Department stamp of approval. Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? And this motion carries. Thank you. ************************************************************* 6:05 p.m. - North Fork Self Storaqe LLC: This site plan is for a mini self-storage facility with 5 buildings of 37,925 sq. ft. on a 3.06-acre parcel in the LI Zone located approximately 370' e/o Depot Lane on the n/s/o County Road 48 in Cutchogue. SCTM# 1000-96-1-1.4 Southold Town Planninq Board Paqe Five March 13. 2006 Chairperson Woodhouse: Is there anyone who would like to speak on behalf of this application? Martin Kosmvnka: I am the applicant, and I'm here with Dave DiGiovanni, my architect. We are here to answer any questions the Board might have. Chairperson Woodhouse: Does anyone on the Board have any questions? Is there anyone else in the audience who would like to speak on this application? Hearing none, I will entertain a motion to close the hearing. Georqe Solomon: So moved. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion carries. Mr. Solomon, would you please read the resolution? Georqe Solomon: Sure. WHEREAS, the site plan is for a mini self-storage facility with 5 buildings of 37,925 sq. ft. on a 3.06-acre parcel in the LI Zone located approximately 370' e/o Depot Lane on the n/s/o County Road 48 in Cutchogue SCTM #1000-96-1-1.4; and WHEREAS, North Fork Self Storage LLC is the owner of the property located on the n/s/o Country Road 48, approximately 370' e/o Depot Lane, known as 50 Commerce Drive in Cutchogue; and WHEREAS, the agent, Martin Kosmynka, submitted a formal site plan for approval on April 20,2005; and WHEREAS, on August 9, 2005, the Southold Town Planning Board, acting under the State Environmental Quality Review Act, pursuant to 6 NYCRR Part 617.7, performed a coordinated review of this unlisted action and, as lead agency, made a determination of non-significance and granted a Negative Declaration; and WHEREAS, on August 16, 2005, the Cutchogue Fire District responded that the proposed 25' wide access driveway with four gates would be adequate, and stated that a minimum flow of 500 gallons per minute must be provided to by each well or hydrant; and WHEREAS, on August 18,2005, the Architectural Review Committee reviewed the architectural drawings and associated site plan materials and approved the application with recommendations and the Southold Town Planning Board made further recommendations on the approved site plan; and Southold Town Planninq Board Paqe Six March 13. 2006 WHEREAS, on December 1,2005, the Southold Town Zoning Board of Appeals granted a Variance described under Appeal Number 5779 allowing an accessory dwelling unit for the storage warehouse manager; and WHEREAS, on January 10, 2006, the Suffolk County Department of Planning responded after review and determined this matter is for "local determination as there appears to be no significant county-wide or inter-community impact(s)" and the Planning Board accepts this pursuant to 239L & M General Municipal Law; and WHEREAS, on January 17, 2006, the Suffolk County Department of Public Works responded after review and issued approval pursuant to 239F of the NYS General and Municipal Law and the Planning Board accepts this approval; and WHEREAS, on February 3,2006, the Southold Town Building Inspector reviewed and certified the site plan for "Public Warehouse" use; and WHEREAS, on February 6, 2006, the Southold Town Engineer reviewed the site plan materials and approved the proposed drainage with comments and the Planning Board incorporates his recommendations in this site plan; 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, the following four items shall be required: 1. All outdoor lighting shall be shielded so that the light source is not visible from adjacent properties and roadways. Lighting fixtures shall focus and direct the light in such a manner as to contain the light and glare within property boundaries. The lighting must meet town code requirements. 2. The applicant must obtain a SPDES General Permit (NYR-10H057) for Storm Water Discharges (General Permit Number GP-02-01) from the New York State Department of Environmental Conservation for the construction activities. 3. All signs shall meet Southold Town Zoning Codes and shall be subject to the approval of the Southold Town Building Inspector and signage recommendations of the Architectural Review Committee approval dated August 18, 2005. 4. Landscape survivability guarantee, the applicant agrees to replace and of the landscape which dies within three years of planting; be it therefore RESOLVED, that pursuant to Southold Town Code 100-254 Part 1, the applicant agrees to incorporate all the requirements, comments, and recommendations of each reviewing agency as referenced above and as indicated on the site plan and corresponding attachments; Southold Town Plannina Board Paae Seven March 13. 2006 Chairperson Woodhouse: Is there a second? Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion carries. Georae Solomon: and be it further RESOLVED, that the Southold Town Planning Board has reviewed the proposed action under the policies of the Town of Southold Local Waterfront Revitalization Program and has determined that the action is consistent provided that the best management practices outlined in the August 4, 2005 memo prepared by the LWRP Coordinator are implemented; Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion carries. Georae Solomon: and be it further RESOLVED, that the Southold Town Planning Board grant approval on the site plan prepared by Kenneth H. Beckman, L.S. dated December 2001, and last revised February 6, 2006, and a set of architectural plans prepared and certified by DiGiovanni Associates dated April 6, 2005 and authorize the Chairperson to endorse the final site plans with the following conditions: 1. The owner, agent and/or applicant shall receive approval from the Suffolk County Department of Health Services for the approved construction and submit such approval to the Southold Town Planning Department for review. If such approval varies from this approved amended site plan, the Planning Board reserves the right to the review of a new and amended site plan application. 2. The owner, agent and/or applicant shall file with the Office of the County Clerk the amendments to the Covenants and Restrictions proposing changes to Article II Section 4 Paragraph C providing a new 5-foot buffer area and an Affidavit of Correction approved by resolution on March13, 2006, and a recorded copy must be submitted to the Southold Town Planning Department for the file. 3. The site plan approval requires that all work proposed on the site plan shall be completed within three (3) years from the date of this resolution. 4. Prior to the request for the Certificate of Occupancy, the owner or authorized agent must request the said Building Inspector and the Planning Board to perform an on- Southold Town Planninq Board Paqe Eiqht March 13. 2006 site inspection to find the site improvements are in conformity with the approved site plan. 5. If the as-built site improvements vary from the approved site plan, the Planning Board reserves the right to request a certified as-built site plan detailing all the changes. 6. Any changes from the approved site plan shall require Planning Board approval, and any such changes without Planning Board approval will be subject to referral to the Town Attorney's Office for possible legal action. Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion carries. Thank you. Martin Kosmvnka: Can I just make one comment? In the process, staff has been very professional to work with, and I thank them. *************************************************** Chairperson Woodhouse: 6:10 p.m. - Ehrlich. Robert: This site plan is for alteration of an existing 1,929 sq.ft. two (2) story single family dwelling into a 572 sq. ft. and 941 sq. ft. of storage and 416 sq.ft. of miscellaneous space for art, antique and auction gallery use on a .28-acre parcel in the B Zone located at the s/w corner of NYS Road 25 and Village Lane in Orient. SCTM# 1000-18-5-5 Is there someone who would like to address the Board on this application? Excuse me, first we will hear from the attorney who is representing the applicant, Ms. Moore. Patricia Moore: Thank you. For the record, I am going to give you some documents. Two more cards have come in for your file. There are photographs, a table of contents (hands copy to each Board member on dais). As I go through, imagine yourself standing there, looking around, that's why I'm doing this, to make it simple. I have with me this evening, Mr. Ehrlich. Also with him is Georgine Hertzrig, who will be the operator of the store, and Mike Mapes who is the engineer on the site plan. If you have any questions certainly of the engineer with respect to the site plan that's been prepared, I will have him come up to certify that the site plan he has submitted to this Board is in accordance with the Code, but aside from that he will entertain any questions that you might have, so as to not take too long this evening. Southold Town PlanninQ Board Paqe Nine March 13. 2006 What I did is, I tried through photographs to describe the area and what we are trying to do. The first photographs, 1A and 1 B, are obviously the site. You can see that the site has retained its residential character and its look; Mr. Ehrlich has not changed the outside. I believe it was renovated by a prior owner and has been retained that way. Also, as far as your site plan is concerned, the area to the east of the house which is the side yard, as you go into Village Lane, is a park-like setting, which again has not been touched and will retain its look. Then, 2A is Village Lane, looking down across Main Road; you see the obelisk and the park area east of the house. Photograph 3A again shows you from the corner of the setback, from the corner of the existing house, and 3B is a photograph showing you the road signs looking easterly down Route 25. You can see that in this area, looking from in front of Candy Man, signs directs activity both down Route 25 and then down Village Lane to the Orient Hamlet Business District, Oyster Ponds Museums, and to the Methodist Church. So, the traffic flow here in this area obviously comes from Route 25 and then goes adjacent to this property down Village Lane. Photograph 4A, again giving you another viewpoint from the back of the property, looking out across the side yard again, adjacent to the Village Lane. Again, it points out the park-like setting of this property and Mr. Ehrlich's efforts to really preserve the property and to make it fit in the character of the Orient community. Photograph 5A shows you (I know Mr. Constant is here and he has been a very vocal opponent) that our parking area which I remind you has a double row of evergreens and a 6' fence, as well as a buffer from the vehicle parking, has Mr. Constant's garage, and also it shows you on 6A and 6B that we are dealing with a garage there that is two stories, 2-1/2 bays, and his vehicle happened to be there that day, is his own parking area. So, with respect to our parking area adjacent to a residence, what we have is a parking area that is adjacent to Mr. Constant's parking area. Nonetheless, we have created a buffer and made every effort to satisfy the Board that we are taking seriously the Code's requirement with respect to buffering noise, light and sound. The site plan shows this in detail. Photographs 7 A and 7B looks at the property towards the west. In 7 A you can see that my car happened to be parked there in the entrance in the parking area. You have the Candy Man that is a long-standing business there. Their parking is adjacent to ours. It also backs up onto Route 25. Certainly the Candy Man site plan meets none of the requirements of the Code. Photographs 8A and 8B show you in the westerly direction (8A) shows you where we actually offered and recorded at the Board's request, a cross- easement. That document has been recorded, the recorded document is in your file, and we offer that cross-easement to the Candy Man. Certainly the Candy Man has no obligation to open up the parking. We hope that in time that business will see that these businesses can work cooperatively together, share in the sense that they have common patrons and are very similar businesses, all three. Photograph 8B shows you the Little House. I apologize; the best photograph is the original for the Board members who have photocopy that didn't come out so good, so I would ask that you look at the original. The Little House doesn't look very large from the front, but in fact consists of Southold Town Planninq Board Paqe Ten March 13. 2006 the front on Route 25, and also an additional accessory building where that business has for the most part seasonal outdoor display. When the weather is good, I am sure that that's when they open their doors, show their wares and display their sales items out on the lawn. We point out that the Ehrlich site plan has gone through a very rigorous review. No doubt, I think the Board through its own record can note the time and the effort that's gone in, certainly with the Board's consideration of this site plan and the owner's revisions and offers of compromise with the Planning Board to make a site plan which we hope is approvable, think is approvable, and think should be approved. Photograph 10A: I was standing in the street facing the parking lot of the retail store, the Little House. it consists of approximately 1,200 s.f. in size, has crushed stone parking, no handicapped parking space, and no buffers. That's why I show you Photograph 10B, because you can see on the right hand side of that photograph the edge of the parking and how it is adjacent to a single family residence. There is no buffer, no fencing, no protection against light and noise, but that hasn't seemed to be a problem, because the use, which is comparable to our use, is a little retail store in Orient. Certainly this retail store is double the size of what Mr. Ehrlich is proposing, but it is a use that quite frankly relies on seasonal visitors, destination-type visitors, the ferry is a very high volume traffic generator as you know, as a matter of litigation that this Town has undertaken with Cross Sound Ferry. Nonetheless, when it comes to the ferry traffic, they don't oftentimes stop; either they're rushing to get there or tired and want to go home. So, what you're dealing with as far as traffic generation in Orient are day- trippers, visitors and destination travel. And I believe that's why these businesses, and certainly we want to be good neighbors and good business people with the other businesses, they will all be symbiotic in their relationship, and not competitive. Photograph 11 A shows you the full view of the house that's adjacent to the Little House. Photographs 12A, 12B and 12C address the Candy Man. With respect to the Candy Man, the top photograph, 12A, I did what is my equivalent to the panoramic shot. You see that the Candy Man has their dumpster in the back, and I can't tell whose fence it is, from the fact that the finished side is on the Candy Man's side would seem to imply that it's the residence fence, it looks like about a 4' high fence. There is again, no buffer, no noise abatement site plan elements incorporated here. In fact, this appears to be the loading area as well, so you have the Candy Man, which has been operating for a very long time with very little complaints I guess from the Planning Board otherwise there might have been some enforcement from Code Enforcement. You have wall-to-wall crushed stone here, no buffers, and loading areas adjacent to the residences. We are getting to the end of my photographs, Photographs 13A and 13B also show you the character of the area in front of, or by the Ehrlich property. 13A looking to the east, we have municipal facilities, which you can see the Fire Department within about 500' of this property; you also have the church across the way and you also have the school. Again, these are municipal buildings that, aside from the other residences there that have created their own buffers to protect them from ferry traffic I believe, we are dealing Southold Town Planninq Board Paqe Eleven March 13. 2006 mostly with commercial municipal buildings. Finally, 13B is the Hand Station. Hand Station very recently opened up a deli/coffeehouse, I believe it's called "Delicious," which went through no site plan, went through no procedures, received no complaints (at least from my observations of Planning Board meetings has not been the subject of any enforcement) and they are operating there certainly without concern for their neighbors or the Orient community. They are a good business, and they have been there a very long time. However, a new deli, new coffee shop, was the reason why the Ehrlich property received such strenuous opposition initially because as we all know, there had been an effort to put a coffee shop there. For the record, a full house of Orient community residents were here today to listen to this and probably to express their own views. There was significant opposition and in fact the Health Department, because of the opposition, required the Ehrlich property to covenant that it must only operate a dry use, despite the business zoning, we cannot do food preparation on that site. There are covenants to that effect, and that was all part of the Health Department record, and I believe it's already in your file because I submitted it in the past. Finally, number 14 is a copy of the cross-easement that I had provided previously, but included as part of this packet to back up what I am saying. In reviewing Section 1 01-52(?) which is your obligation, we have addressed the site plan issues that are part of the Code; the Board has, as I have said before, very rigorously held us to these requirements, and we have obtained, and it's in your file, NYS DOT, so traffic access, which is the first issue that you should look at has been addressed. The cross-easement has been provided for future site plan of Candy Man. Interior circulation: we have provided Mr. Mapes' certification of interior circulation. I will remind the Board that from prior site plan designs that were submitted, we had offered additional parking spaces that would allow for either dedicated employee parking or as a turn-around. Those were declined; it was preferred that we increase our buffer, and that's what we have done. So the latest is: we have the traffic circulation, we have the turnaround in through a certification, alternative plans have been proposed to this Board that you have rejected. Again, I point out that we have comparable businesses within 500' of this site which are much larger in their retail sales, much more intrusive to the neighbors in that they do not provide for any kind of buffers; they have no handicapped spaces, and we have provided everything. Landscaping screening: again, that has been addressed in the site plan. We have provided a double row of evergreens with a 6' high fence. We agreed, and in our site plan we have preserved the existing mature trees; we want to keep that, it enhances the value of the property. Lighting is already shown on the site plan and it is screened. There is no intercom or exterior type of noise production here. Again, these are individuals coming to see a little shop, enjoying and hopefully buying something. There is no grading proposed on this property, there is drainage certainly already provided for in the site plan. Public utilities already exist. The Health Department has approved this site plan as well. Southold Town Planninq Board Paqe Twelve March 13. 2006 I would remind the Board that as far as comprehensive development, this property is business zoned and has been business zoned for at least the last 20 years. I didn't go back to the prior zoning, but certainly for the last 20 years, it has been business zoning. The architectural features have been preserved; the outside of the building has not changed. We have provided for handicapped access, which is one of the last items listed in the site plan requirements. At this point, I am sure you will entertain lots of questions. I'll stand aside, but I thank you and I hope that you will all give us fair treatment here. I know you are under a great deal of pressure given the number of residents that are here in the community. Mr. Ehrlich has been fair with this Board, has repeatedly tried to meet every condition, every obligation and every request that has been made of him. We merely ask you to approve the site plan at this point. Thank you. Chairperson Woodhouse: Thank you. Before we take comments, I just want to note that we have approximately 30 letters in our file, and one of them has asked that the letter be referenced and read at this hearing. I will say that this is reflective of the letters that we have in our packet. I will read that at this point and then we'll turn it open to the public. "Dear Board Members: have you ever been to an auction? I have, and the first thing that you notice is people, lots of them milling about and competing to purchase objects. An auction thrives on volumes of people to bid up the price. The property in question is Y. of an acre with parking for about 8 cars. Ten people cannot make an auction. An auction house needs scores to be successful. Where are these people going to park? If the Planning Board approves use of this parcel as an auction house, it is accepting that there are two places where visitors can park. They can trespass on the neighboring properties (a crime, I believe), or they can park on the street. Let's examine two clear examples of street parking in the area. When neighboring religious institutions hold services, a Southold Town policeman is required to regulate traffic flow and ensure that attendees do not inadvertently block neighboring driveways. And this on sleepy Sunday mornings where traffic is minimal. How is it proposed to regulate the street parking on summer weekend evenings when auctions are most likely to be held? Is it proposed that the Town of Southold regularly pay for traffic policemen? Left to their own devices, auction house attendees would behave no differently from the second example of street side parking in the area. The mob scene at Orient Point of cars parked frequently for up to a mile back while their occupants busy themselves with other activities. But Orient Point is a dead end, not a busy intersection that the whole hamlet uses. The intersection's Main Road and Village Lane in Orient is the main point of ingress and egress to the village and bays ide properties. It is not a dead end suitable for on-street parking but rather a heavily trafficked choke point for the hamlet. Extensive street side parking in the intersection would disrupt the busy traffic flow in and out of the village. In front of the property in question runs an increasingly popular and already quite dangerous bicycle path. Street parking would block usage of the bicycle path and force cyclists to veer into the car lanes. The eastbound car lane directly in front of the property supports thousands of cars daily hurrying to the Cross Sound Ferry and the Connecticut gambling casinos. Their impatience is legendary, and massive street side parking at a main intersection would Southold Town Planninq Board Paqe Thirteen March 13. 2006 only increase the too-familiar sound of sirens racing to the scene of a traffic accident. Let's face it; this property might have been zoned for business in the 1980's, but given its postage-stamp parking, and the traffic realities of 2006, it is hard to see how it is viable as a retail location. The Town of Southold has over the years, by inaction or connivance, neither a happy thought, permitted this stretch of main road to serve primarily as a freeway for frenzied gamblers and New England travelers on their way out of town to the detriment of all Southold residents, and particularly those of us, including the owner of the property in question, who border the main road. For the Board to approve use of this property as an auction house would be the equivalent of burying its collective head in the sand. You are, after all, a Planning Board, sworn to anticipate and plan for the consequences of your approvals, not serve as a rubber stamp for the "neverland" fantasies of a frustrated property owner who took an economic risk in purchasing a non-viable commercial property. He is now looking to make the town and his neighbors pay for his mistake. Creating such a precedent will support the argument of any property owner, myself included, who would appear before you to move for an exception or change due to "hardship." I am astounded that we have reached the stage of a final public hearing on this ill-conceived application and question the common sense of those who have approved it heretofore. Moreover, as a taxpayer, I do not wish to finance the litigation expenses and awards which will surely ensue payable by the Town of Southold in defense of negligence actions resulting from the inevitable traffic accidents and attendant human grief that will result from congesting an area that has no business being further stretched. I respectfully request that this letter be read at the referenced hearing. Yours truly, Edmond L. Papantonio" I will open the hearing to comments and questions from the floor. Kathleen Smith. 1725 Villaqe Lane. Orient: Good evening. Thank you for the opportunity to come before the Board and speak. I have a letter I'd like to read, please, from Edward Webb, who is the President of the Oysterponds Historical Society. "The Oysterponds Historical Society Board of Directors, representing its 600 members, continues to oppose, as stated in previous communications and testimony before the Southold Town Board, the use of the aforesaid property for commercial purposes. The legal questions regarding buffer zone adjoining and the residential area, inadequate parking, pedestrian safety, and the incursion of a commercial establishment upon a historic district, all speak against the latest use proposal. We anticipate that the Planning Board will proceed with due wisdom in assuring the protection of this hamlet as a treasured resource of the Town of Southold. Edward W. Webb" My name is Kathleen Smith, and I am also Vice President of the Oysterponds Historical Society. On May 21, 1976, the Dept. of Interior in Washington, which maintains the National Register of Historic Places, notified the Oysterponds Society that their years of hard work and dedication had at last resulted in the success of their application to have the Orient Historic District placed on the National Register of Historic Places. As you can imagine, extensive research was needed for this application and, as a result, Oysterponds Historical Society published this book, entitled "Historic Orient Villages." It gives capsulated histories of all the houses located in the new Orient Historic District. Among those houses is the property now owned by Mr. Ehrlich and the subject of my Southold Town Planninq Board Paae Fourteen March 13. 2006 statement tonight. The first structure indicated on this site in 1860 was occupied by two seafaring men and their families: Captain William Hubbard, and David Edwards. Orient is an incredibly unique historic hamlet. A drive down Village Lane, and its surrounding area is indeed a step back in time. Its historic character is the reason people take a Sunday afternoon drive through the village, why so many of us are grateful that we own homes here, and why we feel so strongly about having a business, antique store, auction house, art shop, etc. leads the way into the irreplaceable historic time capsule that is the Orient Historic District. Thank you. Chairperson Woodhouse: Thank you. Is there anyone else who would like to address the Board? AI Mould: I live in Orient. I have a little trouble saying things, so be patient. This is a letter that I wrote to the Board. "Gentlemen: This letter concerns the application of Robert Ehrlich for a store at the entrance to Village Lane in Orient. The request should be turned down for several reasons. I am mainly concerned about safety. I live on Village Lane. A store at this location will create a serious traffic hazard. Entering Route 25 from Village Lane is already a challenge. To add a store at the corner will acerbate the situation. Village Lane is the heart of Orient's Historic District. A store at the entrance negates the meaning of one of the historic jewels in the Town of Southold. It will be in the best interest not only for those living on Village Lane, but also the Town of Southold, to consider a zone change of the property perhaps to residential. I hope that you will consider such a change and I thank you for your consideration of this problem. Thank you." Clvde Wachsberaer: I live at 295 Village Lane and I would like to read a statement, but I also have a letter from one of my neighbors, which I will read in a moment. Before I read anything, I would like to say that I bought my property in 1983, and I can say from the bottom of my heart that not a day has gone by that I have not felt grateful and privileged to live on Village Lane. "Dear Board Members: There are fewer and fewer special places on this earth. Once one of these places is lost, it is lost forever. Village Lane in Orient is one of these unique places. It's a gorgeous picture postcard, unspoiled street running through the historic hamlet of Orient, lined with lovely homes, many of them centuries old. It's a quiet street with a slow pace. Neighbors are friendly but also entirely respectful of each other's privacy. Most importantly, the residents of Village Lane are respectful of the integrity of the Lane itself. We respect its long history, we are respectful of its quiet nature, and we love our street. The entrance to this historic street is the intersection of Village Lane and the Main Road. There's the monument, a memorial to local soldiers lost in the Civil War, and the family names on the monument are still familiar. Directly opposite is one of the oldest trees on the North Fork, the buttonwood tree, at the entrance to Young's Road. A plaque on the tree states it was growing there when the Declaration of Independence was signed. The homes on the four corners of this intersection are all quiet residences. If one of these homes on this intersection becomes a business. the unique nature and character of Orient will change forever. It will never again be the same. Something wonderful, something unique, something special will be lost forever. Don't let this happen on your watch. Let future generations be grateful and lucky that you, in 2006, made something Southold Town Planninq Board Paqe Fifteen March 13. 2006 wonderful happen: that you helped preserve a unique historic spot for posterity to enjoy. Let Village Lane continue unspoiled for another century. Thank you." I would like to read this letter from Tony Just, who is my neighbor. Tony & Elizabeth Payton live just north of me on Village Lane. This was written by Tony Just, and he requested that I read this: "I am writing to request that the Planning Board turn down the request to operate a commercial venture at the corner of Village Lane and Main Road in Orient. In addition, I would ask the Town Board to rezone this property back to its previous residential zoning, as well as the other mixed-use properties at the entrance to Village Lane. These properties are too small to operate adequately as commercial businesses. Furthermore, as a resident whose property is in close proximity to the proposed gift shop, I can attest to the dangerous driving conditions which exist at the intersection of Village Lane and Main Road which could only be aggravated by the addition of a site business with inadequate parking. The present application compromises the two neighboring residential properties because of the small size of these lots. Therefore, the required buffer of 25' cannot possibly exist in addition to sufficient parking or turnaround space for parking. Addressing the zoning issues of this property is urgently required. Protect the people who live near this property as well as the entire Orient community from single-minded business plans that insufficiently address the buildings they are proposed for, the neighborhoods they are located in, and the future of our community. Sincerely, Tony Just, 195 Village Lane, Orient." I do have just a couple of questions, I guess I address them to you and the questions are about how this business might change the nature of the intersection. According to the proposal, I believe the sign will be a 5' circle mounted on the building in the second floor windows. According to the Town Code on signage, the sign should be as low to the ground as possible. My question is: why is the sign specified for the second story; couldn't it be lower? Also, the Code states the sign should be as small as practical: is a 5' circle necessary? The Code has additional stipulations about color. Have all of the characteristics of this proposed sign been approved by the Architectural Review Board? Will the sign be lit at night? Will the building itself be lit at night? and will there be any other free-standing signage on the property and, if so, where? and will any additional signage be lit at night? Chairperson Woodhouse: Well? Pat Moore: Do you want me to answer these things as they come up, or...? Chairperson Woodhouse: Would you like to answer some of those questions? We could answer some, but I think you might have more information. Pat Moore: Sure. OK. The site plan was prepared by Mike Mapes, he knows it even better than I do. Chairperson Woodhouse: And this is Miss Moore speaking. Southold Town Planninq Board Paqe Sixteen March 13. 2006 Pat Moore: Yes, and I have Mike Mapes, who is the engineer who prepared the site plan. So you can remind me about the lighting on the property? Mike Mapes: The only lighting that's on the property is up on the building, and they only illuminate the parking areas, one at the west side of the building and one at the rear. And they are shielded so that they only light up the parking areas. The sign is not going to be illuminated on the front of the building, and there will be no other signs in the front yard, and there is no other lighting illuminating the building itself, as well. Pat Moore: Other than obviously simple entrance lights; what any home might have. Thank you, Mike. Chairperson Woodhouse: I guess there was a question about the size or the height. Pat Moore: The placement of the sign? Chairperson Woodhouse: Yes. Mike Mapes: We submitted that to the Architectural Review Committee and we didn't get any comments back. Chairperson Woodhouse: It was seen by the ARC and they did not have a problem with the sign when they saw the application. Pat Moore: No. In fact, we had a color rendering of the sign at the time. Chairperson Woodhouse: Thank you. Jane Smith: I live at 1750 Platt Road in Orient. I have a letter of mine that I would like to read and I also have a letter that Mary Ann Weil asked me to read. She is teaching at Stony Brook and couldn't be here. First, this is my letter that I wrote to the Town Board: "I am writing to urge the Town Board to return the Ehrlich property at the corner of Village Lane and the Main Road in Orient to its more proper residential zone. It is inconceivable that this property might be a retail establishment for the following reasons: safety - this is already a fairly dangerous intersection because of the offset of Young's Road and because it is so heavily traveled. The Main Road curves at this spot and visibility for people turning is a problem. It is also on the path for school children and traffic to the beach. Cars parked along Main Road would obscure the oncoming traffic even further. Certainly cars will park on the road, because parking facility is inadequate. I live on Platt Road, and coming out of Platt Road to turn left has become extremely dangerous recently because of parking on the main road. So I now train myself to go around the other way. The other reason in my letter is the future - granting this application for an antique/craft gift shop would leave open a future possibility of regaining a liquor license or, if possible, expanded business. This could ultimately destroy the entire character of the Village of Orient. Please give careful consideration to the voices of the residents of Orient." Southold Town Planninq Board Paqe Seventeen March 13. 2006 This is Mary Ann Weil's letter signed by Mary Ann Weil and Diane Bratcher: "To the Planning Board: We are writing to express our opposition to the opening and operation of an art gallery and auction house business on the corner of Village Lane and Route 25 in the Hamlet of Orient, New York, by Mr. Ehrlich. Our home is on Young's Road, less than 300' from this proposed business. Orient is a very quiet hamlet, with most businesses closed by 5:30 p.m. Mr. Ehrlich's business will have long operating hours, during which he will use amplified sound, generate noise, garbage, traffic and sewage. Most properties in this neighborhood are residential and use well water. It is extremely unsafe to operate a public restroom in such a neighborhood. In addition, the proposed site for this business is a particularly dangerous intersection. Most local businesses seldom have more than a few cars or trucks at their busiest moments. Mr. Ehrlich's art gallery and auction house will have pick-up and delivery trucks as well as considerable auto traffic. The traffic congestion of cars entering and leaving directly onto a busy state road already overburdened with heavy ferry traffic, the noise, trash and additional sewage this business will create are significant reasons for the Planning Board to deny a business permit to Mr. Ehrlich. Thank you for your consideration. Sincerely yours, Mary Ann Weil and Diane Bratcher. Chairperson Woodhouse: Would you like to submit those letters? I guess if you leave them on the table we could pick them up. I just want to clarify; I believe that the hours of operation proposed were 8-6? Is that true, Ms. Moore? Bruno Semon: No. 8 a.m. to 7 p.m. Chairperson Woodhouse: OK. Thank you. Could I ask that if a point you want to make has already been brought up that, and if you have it in a letter or something, you don't need to restate that point, but just if you want to bring new information to our attention that would help make sure everybody has a chance to speak. Charles Dean: I live on Phillips Lane. I think my letter does address something that's not been (inaudible); it does talk about the buffer zone, but I'm very specific, I talk about a point that hasn't been really addressed, do you mind if I read it? Chairperson Woodhouse: Just say it to us. Charles Dean: Well, OK. The major paragraph is, and then I'll put the letter up: "Does living near Mr. Ehrlich rely on the buffer zone requirement to protect their property values and the residential nature of the area from the destruction that a busy business would wreak. The express purpose of the 25' buffer zone rule is to preserve the privacy and the enjoyment of using one's residential property without exhaust fumes and bright car headlines and ugly asphalt and gravel at the property line. So, what about the rights of Mr. Ehrlich's neighbors? And especially, what about the rights of the Constant Family and the King Family whose properties abut Mr. Ehrlich's proposed parking lot? The King Family have owned their small property, which is only 57' X 70', long before Mr. Ehrlich's property was rezoned commercial in 1988. The 6' fence that Mr. Ehrlich proposes to run down the shared property line, will stand approximately 20' from the back of their home, creating a claustrophobic effect. The lovely residential nature of Southold Town Planninq Board Paqe Eiqhteen March 13. 2006 that part of Orient will be ruined forever. The buffer zone rule is designed to protect the citizens of this community from just this sort of abuse. I well understand that there are times when an established rule can have unintended and unfortunate consequences necessitating a variance in the interest of the greater public good. But the community of Orient overwhelmingly opposes this application, and there is no compelling public interest in approving a variance. So, it is entirely appropriate for the town government, as our representatives, to declare the rules by which our community is governed will be enforced. The citizens of Orient expect, and we deserve, no less." And I go on, but I'll stop there. I think it is very important that our rules be enforced, and those of us who live near this property are relying on you to enforce them. Chairperson Woodhouse: Thank you. Charles Dean: I have a number of questions about what they are going to be doing in terms of...... Chairperson Woodhouse: Well, if you'd like to ask your questions.... (to next person) could you just wait, you could just stand there if you don't mind, comfortably, or sit down, and he'll finish his questions. Charles Dean: There has been some, just earlier, Mrs. Moore said that there's a woman who's going to be running a retail shop, she said is here. And another time she referred to it as a retail shop. But they are asking for it to be an auction house, an art gallery, and a workshop. I just was wondering what kind of gifts or things are you proposing to actually sell. If Mr. Ehrlich or Mrs. Moore could tell us what is going to be the product, the gifts, that are going to be sold at this store? Pat Moore: Would you like me to try to answer that? Chairperson Woodhouse: OK. Pat Moore: There seems to be a little bit of confusion with respect to the description, the title. This is a gift shop. A gift shop under a generic term, can sell all types of things. We propose, art, antiques, and auction gallery. If a person, Mr. Ehrlich is here and he said, for example: he has antique books. If they become, as far as by private auction, this is not going to be an auction house where it's like Christie's. OK, that's not what is here. We are limited by the square footage of what we have here. We are proposing under 600 sq. ft. in sales area. So, understandably, it's limited in its scope. You have art, you have old books, I'm trying to think of other things, knick-knacks, Orient crafts, artists, local artists, local craftspeople. Charles Dean: You're going to be selling work by local artists? Pat Moore: That's the goal. Charles Dean: Have you approached any local artists about this? I mean, are you, does he have other art galleries? Is he dealing in art? Is this something, does he.... Southold Town Planninq Board Paqe Nineteen March 13. 2006 Pat Moore: No, that's why Ms. Herzwig will be operating it, because she's familiar with that. Charles Dean: I've been out here for over a decade, and you know I've seen many art shops, art galleries and gift shops in Greenport, which is a very busy town, lots of street traffic, lots of people coming there as a destination because of the bus and the train. Most of them have failed. It's not very easy. Pat Moore: The market will dictate that. Charles Dean: The market in Orient, a quiet little town, I mean..... Chairperson Woodhouse: OK, OK, could we..... Pat Moore: I don't mean to have this as an exchange, but look to the west by 500' and you have the Little House. How have they survived the past two years, selling similar items. Charles Dean: Are you going to be selling any food products at all? I mean are there going to be any edible products? Pat Moore: I can't give you specifics of everything that's going to be there. But you cannot sell prepared food products. Can I say jams? Charles Dean: Can you sell jams? Pat Moore: That's not prohibited, obviously. There are local manufacturers of jam. Charles Dean: Does that go under art? Pat Moore: It's under gifts. Charles Dean: So is it a retail gift shop? Pat Moore: It's a gift shop, nothing more than a gift shop. The definition for parking purposes; there is no definition of a gift shop in our zoning code. We can tell you what predominantly we will sell is art, antiques and items that can be for private auction, items they have access to from all different aspects of contacts. You might have something where you have a very unique item and it's put as far as an auction nowadays with the internet, you have individuals where you get a bidding in a sense on a valuable piece of whatever it might be. That's what we are talking about, nothing more. Charles Dean: So the artwork that Mr. Ehrlich plans to sell, is this all work made by an individual person, or is this mass-produced artwork, I mean it could be..... Pat Moore: I don't think it's something that even matters.... Southold Town Planninq Board Paqe Twentv March 13. 2006 Chairperson Woodhouse: Excuse me, I think we need to Pat Moore: OK. I do have a particular question; we need to screen the questions a little bit. Chairperson Woodhouse: Until I hear it, I don't know what it is, but I think you were asking for clarification as to how the shop, the proposed shop was going to operate. Charles Dean: Exactly. And I'm still confused. I mean now is the shop going to be selling jam, tea...... Chairperson Woodhouse: OK I think that we, could we, let's see what other questions come up and maybe in a response something will be clarified. I think you stated that Pat Moore: It's a typical little gift shop. Nothing more. Chairperson Woodhouse: Thank you. Now there is someone who has patiently waited. Thank you so much. Francis Demarest: I was born and brought up on a large farm at Orient Point. Presently, I live on the main highway. I get all the boat traffic, and can't get out of my yard. Now, I live exactly halfway between the Point and the Village. I go to the Village every single day. By the grace of God, I missed that horrible accident on Main Road by about five minutes. When I leave the Village Lane, I come up Oysterponds Lane and I shook my head and the last car wrecked pulled off by the Brown House. There were two other vehicles in that accident, and there were serious injuries. We do not need any more traffic on the main highway. I have my older sister, pushing 93 this month, who lives on Young's Road. You get down to the Buttonwood Tree, you have to get out on the shoulder in order to see east and west before you enter the highway. I do it every single day, because I visit my sister. If coming out on Young's Road you have these trees, it's the old Couch House and I don't know the gentleman who lives right on the Main Road; it's the very last house at Young's Road. The reason you have to get out on the shoulder is just after you go past John Tuthill's home and you go by Mrs. Rose's home, it is a bad curve. If you're not out that far, you can't see the vehicles coming. Now, I come up every day to the Village. I put my arrow light on, I'm making a left turn. All these vehicles in back of me pass on my right hand side. At the dead end of Young's Road there's a well that catches the water that comes down. And if I make a left hand turn, I still have to be careful because I have to look at what's coming east. Now I can see no reason why this gentleman, who I have never met, should take a residential home that we are desperate for in our community. People need homes. We do not need another business. And I hope the Board will look into all of these items, and try to handle some of them. Now one of the worst things that I approached one of the Boards years ago and I asked them if there wasn't some way Southold Town could get the State to put up "No Passing" signs east of Orient Point. The Village School. And No Passing past the monument until you get past that curve. We should have "No Passing" signs from east of the school until you get west of John Tuthill's house. Southold Town Planninq Board Paqe Twentv-One March 13. 2006 Chairperson Woodhouse: Thank you very much. Mr. Constant? Douqlas Constant: I live at 555 Village Lane. Before I read my statement to the Board, I would like to point out Southold Town Code 100-202, which is General Design Principles. You might want to talk to the people on the Architectural Review Board. It says "Decisions by sign applicants shall be guided by the following general principles: (a) signs should be subordinate part of the streetscape; (b) signs should be as small as practicable; (c) signs should be as close to the ground as possible, with required safety and legibility considerations. Garish colors and materials should be avoided." I don't know how they passed that. In 2004, the Planning Board, then chaired by Mr. Orlowski, met at 2254 Main Road in Orient. At that time the Board told Mr. Ehrlich that the site did not have enough area for parking and was at a dangerous intersection. In spite of that meeting, the west side of the property was stripped of trees and plantings and the garage was demolished. The total area of this property is .28 acre. When the 25' required transition buffer area is created along the King and Constant lot lines, there is, as the 2004 Planning Board opined, not enough area for parking. In a previous life, I was selected to serve as a negotiator for the Southold Faculty Association and I participated in negotiating four multi-year contracts between our faculty association and various school boards. Often both sides at the table would wrestle with language. The type that would allow for interpretation and the type that was undeniably narrow. In Section 100-213, we read language that leaves no room for interpretation. In the sentence "such buffer shall comply with at least the following minimum standards," the word "shall" means "must." The words at least mean "at a minimum," and minimum means "not less than." For general business zones, the minimum transition buffer area is 25', and the site plan as proposed to you, shows buffers of 13.4' and 14.5'. I demand that the Town of Southold maintain the standards that are codified and provide us with as much protection as possible. In addition, we see in the site plan, 572 sq. ft. of sales area and another 941 sq. ft. of storage area. I have been an antiques dealer since 1978. I rented two storefronts on Main Street in Greenport. The rear areas of both stores had storage areas. We regularly sold antiques to retail customers from that portion of our shop. Everything was for sale always. In Section 100-191, we see parking requirements for antique shop, auction gallery: one 250 sq. ft. sales area, arts & crafts shop, workshop. The most problematic of these sited uses is auction gallery. If the property is used for consignments and seats, where do patrons park? In a general business zone, the Planning Board cannot waive any portion of these requirements. Since one parking place for 250 sq. ft. of sales area is the most liberal requirement for any business listed in Section 100-191, it seems to me that the sales area, storage area designation is just a ruse to finally acquire a certificate of occupancy for a business at this location. Clearly, this property is unsuitable for retail sales. Deny the application; do not let the genie out of the bottle. Chairperson Woodhouse: Yes, sir? And please make sure to sign your names on the sheets. The next person who wants to speak, somebody else could come up and sign their name on this side and wait. Edwin Richard Constant: People call me "Rick." I am 63, and am semi-retired, and I'd like to read this letter of my future plans. I think it's important for the Board to know. Southold Town Planninq Board Paqe Twentv-Two March 13. 2006 "As an owner of the property at 200 Village Lane, Orient, my future retirement residence, my garage and property lines are directly behind the Ehrlich property. We in fact share property lines on three different sides. I want to set forth the reasons why I am opposed to the business/businesses on the corner of Village Lane and Route 25. First and foremost in my own mind is that of road safety. Even though I see on the site plan the provision for entrance and exit, in reality, I expect that road safety would be compromised by multiple vehicles entering and exiting. Even with the normal weekday flow of Route 25 traffic, let alone weekend summer volume. I have also seen the provisions for a delivery vehicle. What about multiple delivery vehicles? What about the hours of delivery and the coordination of the deliveries impeding traffic? What provisions are there for trash and refuse removal? For that truck, the garbage truck, and the hours for that action to take place? What provisions are being made for garbage removal itself? I am sure there will be cartons and packaging material to be disposed of. This is another aspect of road safety. What happens when automobile and garbage truck conflict on the entrance or exit on that busy corner. Will the timing of trash removal be in an hour that prevents me from sleeping or wakes me at an inappropriate time? After all, there is a dumpster shown on that site plan. What provisions have been made for overflow parking? When the parking spaces are occupied, does that mean that overflow parking is on the remaining grass buffer? Is the overflow plan for Route 25, or is it planned for Village Lane? Where does the overflow go? I also noticed when driving east or west on 25, how would you know when the parking spaces are full; how would you know that you had to go to an overflow area? That leads me to my second point, which does affect me personally. That is the so- called buffer that is to protect the quality of life of a residence, when immediately against a business property. Why is it not 25'? Is this showing some sort of favoritism towards the business owner? I think that I should have the same rights as he has. It is my understanding that the parking space is dictated by square footage of retail space. It is also my understanding that in this case, the buffer is being reduced to allow the business sufficient space for parking. This modification to the Code to suit the business owner certainly in my opinion is not treating me, the resident, fairly. I also want to note that the proposed site plan does not allow for the maintenance of my garage showing with the fence and tree line going along the property line. If anything, I think as a homeowner that fence and tree line should be along the edge of the parking area, not at the edge of his buffer against my property. I still feel without the fence, the grass area of that buffer will be a temptation as an additional parking space or two. Now my third and last point I want to make is that this multi-faceted business would be the gateway to Orient, a mostly residential area where, although there are two other businesses, they are of a different scale and location on Route 25. I should add that they are a lot less intrusive on my quality of life, especially for this future retiree, and Orient. By the way, is the sound system still installed? I happened to be there at 200 Village Lane shortly after the installation when it was tested. And I also wonder if the food preparation equipment is still in the building. All of these questions that remain unanswered, and the other points I mentioned, is the reason why I am opposed to this business on the corner of Route 25 (as I said, the gateway to Orient) and Village Lane next to that Civil War Monument. In closing, I do thank you for listening to my points where I oppose this business and I thank you for your service. Southold Town Planninq Board Paqe Twenty-Three March 13. 2006 Chairperson Woodhouse: Thank you. Edwin Blesch: I'm from 45 Youngs Road in Orient. Edwin Constant is the only other Edwin I have known in my life. Coming here this evening in the fog, I was reminded of a play that I used to teach by Eugene O'Neill called "Long Day's Journey Into Night," in which there's a line by the younger brother, "Stammering is the native eloquence of us fog people." And that's what I feel we're all in tonight, we have very different points of view and we're stammering in trying to deliver them to you. I came to Orient only a quarter of a century ago, and my home is still called the Petty Homestead; I'm directly across the street from Mr. Ehrlich's property. That to me seems to be one key to the nature of change in Orient. Two hundred and some odd years on, my home's name is not my name, but an owner of 200 years ago. I've looked at over 200 houses in four states and I finally found one in a hamlet in which I intuitively wanted to live in. I love this place. My realtor, Betty Hornhorst of (Real Estate Company) in Cutchogue, showed me a handyman's special and fixer-upper, an early Dutch gamble roof colonial I could barely afford on my teacher's salary. But I saw its potential and I made the stretch. I remember asking Betty about the advisability of investing in a residence so near a business, the business there being the Candy Man. As she promised, however, the Candy Man has been a good neighbor and has never interfered with the quality of my life. At the time, the house across the street, now Mr. Ehrlich's, was in terrible disrepair and frankly quite an eyesore. But the two large rambling Victorians on the other two corners were surely impressive, and I determined to make mine respectable also, and I think I have. I hoped someone eventually would lift up the remaining one. You can imagine my joy when the fourth corner was finally improved by the former owners, the Mudds. Twice, in fact: once before a disastrous fire, and once after. All four corners now had the properties to be proud of as a major intersection of and entrance to an historic hamlet. Sometime in the late 1980's, the Town of Southold rezoned the property as Business, without the knowledge or input of any of us neighbors. But its use remained residential. Four years ago, just this week, an article broke in the Suffolk Times informing us of a new "coffee shop" to be opening on the property. Worried about the financial repercussions of yet another business possibly lowering my investment values, I took notice. And you know I have written many letters to you over the years about this. To my knowledge, Mr. Ehrlich had asked the Building Department only for a residential renovation. How could he open a coffee shop? Before long, a State Liquor License was issued. Then there was talk of live music on site, and still no business status. The Liquor License was revoked; now we hear of a gift shop, an art gallery, whatever. What I want to know is what future possibilities, what future incarnations could open there after this one, if it is allowed, to be changed to Business Zoning. Of course Mr. Ehrlich has his rights for his investment. Surely he must have consulted with his lawyers and done some market study of viability of the kinds of businesses he could propose for his property. He still has other options: a two-family house, as some of you pointed out earlier. We all know that our area needs such. As it stands, Mr. Ehrlich's venture could impact negatively and financially on the eight surrounding properties. It seems to me that to heed only Mr. Ehrlich's wishes and neglect those of his neighbors and the hamlet in fact at large, would be prejudicial. I strongly feel that the Town made a big mistake in 1988 when it surreptitiously rezoned Southold Town Planninq Board Paqe Twenty-Four March 13. 2006 the property from residential to business. It must repair that lack of foresight and judgment. It must not protect the collective good of not just one businessman, but of many neighbors who have substantial investments at stake as well. We'd be crazy not to bellyache. Thank you. Freddie Wachsberqer: I'm wearing two hats tonight: as you know I am President of Southold Citizens for Safe Roads, but I am also representing the Orient Association tonight because Ann Hopkins, the President, was not able to be here. Before I address the particular safe roads questions that many people have addressed, I just want to add a couple of observations to it. Obviously, I think we are all confused about what this shop is actually supposed to be. If it's supposed to be a gift shop, why isn't it called a gift shop? Why is it called all these other things? What I wonder is if it's because in 100-191 of the Zoning Code, a retail shop, which this is now today professed to be, requires one parking space per every 200 sq. ft. of gross area, not just sales area, and my thought is that as this plan is presently submitted, it does not meet that standard. Am I correct? I might be wrong about that. The second thing I want to observe: everybody has talked about the 25' buffer that obviously is extremely important. Although it has been mentioned that maybe there are other places where this buffer has not been enforced, I know you all have copies of this that I gave you, this is a slightly enlarged one and I gave it to you to talk about traffic, but this aerial view shows very clearly how incredibly close these adjoining residential properties are, how small all these properties, how close together they are, and it's a case where, when we talk about a 25' buffer at some large automobile sales room or something, is a little different from a 25' buffer here. It's absolutely essential that a 25' buffer be maintained in this very close quarters configuration of houses that are so close to this business. It's not as though you have vast amounts of space and people way back, you know, a house on two acres or something. These are houses on tiny lots very close together, and we feel it's essential that zone codes like the 25' buffer need to be maintained. The other thing I wanted to mention, and I am sure you know this, but it's worth mentioning anyway, that I've been involved in this particular succession of application since the original coffee house/liquor license stuff, and obviously it's gone through a succession of proposals trying to fit a square peg into a round hole, and it won't fit at all, simply because this should never have been zoned business. But, I have been following what has been happening in Seaciff, which has been a related situation going back to the coffee house proposal. And so I suppose you know that there is a possibility that you'll be sued even if you were to approve this application, because that's what happened in Seacliff. Mr. Ehrlich is actually suing the mayor, the village attorney, the board of trustees, zoning board of appeals, and planning board as well as their members, for a total of $90 million; not because the application was denied, but because there were limits put on the application. For example: parking restrictions, limits on hours of operation, and attempts to regulate the food sales. So, we have no assurance, even if the application were approved with all those restrictions, that they would be maintained, and you have no assurance that if you pass the application you wouldn't be sued anyway, but we urge you nonetheless to do the right thing: support the zoning code, OK? Southold Town Planninq Board Paqe Twentv-Five March 13. 2006 Now, just to put on my hat for a minute of Southold Citizens for Safe Roads, and everybody has mentioned that this is a dangerous corner, that's one of the reasons why the conversion to business zone was so inappropriate, not only because of the inadequacy of the inability to support a 25' buffer, but also because this is a very peculiar intersection. And people have mentioned that. And I think the blowups, and you have copies of this, make it very clear. What I've done though on this one, because, we travel in Maine a lot, and you know we like to stop at antique shops or gift shops and we say, oh let's just pull over and run in and see what's going on. Mostly, you know they have, because Maine is big and open, great big parking areas you can pull into. But, you can imagine driving up to someplace, seeing a sign and saying let's stop for a minute, I'll wait in the car, why don't you run in and see what they have. They're not going to pull into a parking lot; they're going to stay on the road. The same thing for United Parcel; have you ever seen a United Parcel man pull into your driveway? They only deliver in the afternoon; the same for Fedex: 1 :00, 2:00. They're not gonna pull into a driveway, they're gonna stop on the road. What I've done here, and I will leave these for you, is just ask you to imagine if there are cars just casually parked on the road here, with the already mentioned visual impairment that's caused by two ancient monuments that aren't going to go anywhere, they're not going to be removed: a Civil War Monument and the Buttonwood Tree, at an intersection that doesn't meet straight. Where, if you're coming out to Village Lane and you want to go over to Young's Road, you don't just drive up, you have to make a caddy-corner across the road here. This is an intersection where repeatedly cars going to the ferry are passing across the yellow line, you're turning right and turning left at different places on this road. This is an intersection that is crossed every day twice by school children walking to the school; it is crossed constantly by people on bicycles and children crossing to go up Young's Road to the public beach. This is a very dangerous intersection; it was when this zoning code was changed, it's increased exponentially because of the ferry traffic that we know has created enormous danger. The only other thing I want to say a propos of traffic, and I have a question about this because in relationship to the DOT and the DOT signing off on this application. This is in the historic district, and my understanding was that in fact the only regulations that are enforced in the case of the historic district is the impact as far as State action on the road. I will look into and see whether the DOT has actually taken into consideration in its approval of curb cut, the fact that this house is in the historic district. I think that's all I have to say. Thank you. Chairperson Woodhouse: Thank you. Pat Moore: If I could just respond to a few things before they get too far, if you don't mind. Marqaret Minichini: Actually, if I could just make two points; I need to get my daughter home tonight. Pat Moore: OK. South old Town Planninq Board Paqe Twentv-Six March 13,2006 Marqaret Minichini: I live in Orient. I was the Chair of the Stakeholders Hamlet Committee that met last year and made recommendations in Orient on the development or potential development in Orient. Two points that I'd just like to make: one is that the Hamlet Stakeholders did not address rezoning any properties when we looked at the hamlet business district or when we looked at the area around the hamlet business district. We did that because we did not want to, we didn't feel that we would like to be in a position of having an adverse affect on a property owner's position if their property was zoned commercial. However, we did that with the expectation also that a property owner would not have an adverse impact on his neighbor's property as well, and I think that's something the Board needs to take into consideration in this situation, is whether the neighboring properties will have some adverse affect being that closely connected to business property. The other issue that the Stakeholders were very adamant about was that maintaining the entranceway to the Village of Orient, that the Village of Orient as a special place coming off of the causeway into the town, needed to be maintained as the residential area that it was and that it should by all means be a welcoming way into an historic residential area. So I hope the Board would take those two points into consideration: that was the feeling of the Stakeholders. Chairperson Woodhouse: Thank you. Ms. Moore, you asked to respond to some things. Pat Moore: Yes, I think that some.... and I'll remind you as far as legal theory is conclusory allegations made by the public which I think are unfounded and unsupported, certainly by this application. The first point is with respect to traffic: the DOT did review this. It took it for quite some time, had us make some revisions, and this has been approved by the New York State Department of Transportation since it's a state route. With regard to Ms. Wachsberger's comments, if you just look at photograph 1 b, you see what is obviously a privet hedge. If the State does not want parking along the road, they have the ability to restrict parking along the road. We cannot control illegal acts by people who park or choose not to enter into parking spaces and want to run in, run out. That will happen regardless of what efforts are made by any property owner or business owner to provide adequate parking. But here we have even greater protection against that, in that there is a privet hedge that runs the entire length of the corner, and therefore anybody who tries to park there's really inadequate space there unless they're in the State Highway in the median, and that's really up to the State. But certainly we've made every effort to direct pedestrian traffic, I know that was the subject of a work session where we were very careful because we anticipate that most of our visitors are going to be visitors to Candy Man and to The Little House, and that they will share customers. We may have a customer who comes into my client's business and then walks over to the Candy Man and then walks over to The Little House. That's how these businesses tend to operate. So, I just wanted to clarify those allegations, those conclusions that are drawn that really are unfounded: not based on certainly what is in front of you. Southold Town Planninq Board Paqe Twenty-Seven March 13. 2006 With respect to what is going on in Seacliff, I would object to any reference to that: I don't know what's going on in Seacliff, you don't know what's going on in Seacliff; and again, to paint my client as a bad owner, litigious individual, I think that anybody who buys a commercial property, and let's remind ourselves, this is business-zoned property. All the comments that have been made with respect to what they wish it was: it is a business-zoned property. What Mr. Ehrlich is proposing to do is not a coffee house, is not a bar, it is a gift shop. And with respect to the identifying features, the Building Department says gift shop has always been shown on this site plan. Retail, with respect to, just educating the community and certainly reminding the Board, a Home Depot and a grocery store are equal as a retail shop. A deli is a retail shop. There are generic descriptions, definitions in the Code, and that is why we stepped away from that and said "that is not what we're doing here, we're doing a gift shop; what is our gift shop going to sell? Antiques, crafts, arts." That's what we are going to sell. We have limitations in preparation of food; we cannot prepare food there. So any allegation with respect to what a prior application was about is completely inappropriate in this discussion. You have before you an application and we ask you to review it for . what it is, not for what it might be or what someone might want to do with it. We have something before you. There's code enforcement: that's the mechanism. You have ability to inspect properties that have gone through site plan; you do it all the time. I've sat here and you've reviewed site plans that get modified that people do things differently. That's what you do. Let's give Mr. Ehrlich the right to present to you something he's planning to do and you have to follow the Code with respect to reviewing it. Now, I'll remind you also that Mr. Constant pointed out a section of the Code; I would also point out another paragraph of the Code in that same section, which says that essentially, landscaping, earth and berm, walls, fence of a location, height, design and materials approved by the Planning Board may be accepted for any portion of the required planting or buffer area. We have presented to you from day one, alternative to 25'. It's obvious this property, as well as 90% of the properties you review, do not have the size under the Code to provide 25' buffers. I've given you the photographs intentionally with that in mind because you can see for yourself right within 500' of this property that they too do not comply with that. It's a question of reasonableness. We have offered the double row of evergreens. We have offered the 6' high fence. If the Kings do not want a fence, we're happy not to provide a fence. If they don't want one, we're happy to work with our neighbor. These are requirements to satisfy you; these are requirements that you recommended in order to meet the purposes of the Code, which is to shield from light, from noise and the activity of a retail use, of a business use adjacent to a residence. That's what has been put on there. I want to offer something that we had Mr. Mapes prepare, which I don't know if it will satisfy anybody here, because their mind has been made up for a while. With respect to the buffer; the evergreens, the 5-6' high Leland Cypress which have been proposed on the site plan, if the Planning Board felt that placing the evergreen that is closest to the fence slightly on a mounded area, no berm, because it's impractical. But if you had the fence and a slight mounding of first the back row of the evergreens, and then you had the front row of the evergreens, we offer that certainly to try to appease the South old Town Planninq Board Paqe Twentv-Eiqht March 13, 2006 concerns of the neighbors. We really work to try to accommodate and to react to the objections. We offer this as well; it's up to the Board. We would certainly accept it as a condition of any approval. But we've reached a point where we've redrawn the Site Plan so many times. It's something we offer to the Board, if that's something you want. Chairperson Woodhouse: Thank you. Charles Dean: I just have a question: Ms. Moore, what would prevent people from just parking on this grass, you have an area of grass between the parking lot and the trees. What's to prevent someone from pulling into the parking lot, say there's nowhere to park, and they just pull onto the grass. Pat Moore: I think in practical, in the sense that they're, we have to control it to a certain extent, because that's how our sprinklers, I think there's actually a water, is there a well or sprinkler head there already? If people start parking on that grass there, they're going to destroy our irrigation. So I don't think it's in my client's..... Charles Dean: Another thing, Ms. Moore, you said that you can't stop people from parking on the Main Road, and neither can the State. Michael Mapes: DOT is requiring us to post a sign on the west side of the property that no one can park from that point to the corner. And that is on the site plan. Chairperson Woodhouse: OK. And could I just ask if there is anyone who has not had a chance to speak, that you speak first before we have people come back up. We do need to move things along, we have some other hearings and people who are here for those as well. Pat Moore: OK. I just needed to clarify those issues right away. Thank you. Karen Constant: I live at 555 Village Lane in Orient, and I'd like to read a letter on behalf of Claudia King-Ramone. You have a copy of this letter, dated February 21, but I just want it to become part of the public record: "Dear Members of the Board: I am writing to you in regards to the upcoming public hearing to be held in March in regards to the Ehrlich property which borders our family home at 130 Village Lane in Orient. Unfortunately, I will be traveling out of the country and will not be able to attend the meeting. However, I did want to express my concerns to the Board in writing with regard to potential commercial development of the property adjacent to our house. This past week, I visited the location and was disappointed to see that the Town had allowed the owner of the adjacent property to raze trees, grass, and an outbuilding that had provided some privacy and quiet between the two properties. In their place, a gravel parking lot/driveway has been laid right up the edge of our property line. We are aware that the Town requires by law a buffer zone of 25' between a commercial parking lot and the property line of a private residence. If the Town is to allow the owner of the property to move forward with his plan to open a business at that location, we ask that you at least require him to abide by this law. Otherwise, we are concerned that traffic, headlights and noise emanating from the business will quickly degrade the quality of life Southold Town Planninq Board Paqe Twenty-Nine March 13, 2006 on our property. Please contact me directly with any further questions that you may have. Sincerely, Claudia J. King-Ramone." Thank you. Chairperson Woodhouse: Is there anyone else who hasn't spoken who'd like to address the Board on this matter? Karen Braziller: I live on Village Lane. I have a statement to make for myself and also for my neighbor, who is at 690 Village Lane. Every time I come over the causeway into Orient, whether I've been on an errand in Greenport or far away for a long time, I am elated by the beauty, serenity and special-ness of this place, and I cannot believe how lucky I am to live in the beautiful village of Orient, surrounded by farm fields, within walking distance of both the sound and the bay. I am grateful to be able to walk down Village Lane at night, under a huge sky of stars, and hear only the sound of wind in the amazingly old and very large trees. I am grateful to live among neighbors who have chosen to live in Orient because it is tranquil and connected to history. But Orient is a very small place, and the village is only a few streets. It can easily be threatened and lost. Therefore, I strongly oppose the establishment of a commercial enterprise at the corner of Village Lane and the Main Road. I had a whole list of questions about light and sound and so forth: most of which have been mentioned by other people. So instead, I will leave my letter here for you. Instead of that, because I have listened to this whole hearing, I am now even more concerned about this application. Pat Moore, Mrs.. Moore, excuse me, stated earlier on that it was her hope and assumption that the Candy Man, the Little House and the Ehrlich business will all cooperate and become symbiotic. This raises an even greater concern for me. We have to look beyond Mr. Ehrlich who mayor may not have the best of intentions. What happens after Mr. Ehrlich? What happens if these properties do become cooperative and symbiotic and one day turn into something quite different from what we're discussing here. You are a Planning Board, and I want you to plan for us. I want you to abide by the word "planning" in your name, and I want you to use the Code to protect us. If you see fit that this plan for Orient is going to be subverted by one inch at a time giving waivers to something that in the end will really hurt our special village. It is a historic place, and I feel that I am living in my house as the most recent resident I think beyond myself and I think beyond Mr. Ehrlich, too, and I hope you will as well. This letter is from my neighbors, Jane Friesen and Ed Manning, and they asked me to read it to you: "We are vigorously opposed to any commercial use of the Ehrlich house at the corner of Village Lane and Route 25 in Orient. As the parents of a 3-year-old child, we are acutely aware of the hazards of traffic on Route 25. As things are, many vehicles travel through this intersection at excessive speed making turns onto and out of Village Lane and Young's Road hazardous, and crossing the road is challenging. The addition of a frequently used narrow commercial driveway nearly opposite Young's Road will effectively create a continuous unmarked and unregulated intersection along nearly 250' of Route 25 from Oyster Ponds Lane to the far edge of Village Lane, situated along a curve." I'm not reading the whole thing. They want you to oppose the utilization of the property for other reasons: because it fails to meet the 25' buffer zone requirement, which they say: "we believe that the Code requirements are not just law, Southold Town Planninq Board Paqe Thirtv March 13, 2006 but exist for common sense reasons." I'm skipping, OK? "it will detrimentally alter the historical and present day residential character of this part of Village Lane, and consequently quality of life and surrounding property values. It fails to respect the long history of the house as a private dwelling in a designated historical area. There is no shortage of suitable locations for commercial ventures of this or any other nature in Southold Town or Greenport Village." I feel that someone has to take charge and say that all three of these properties: the Ehrlich house, the Candy Man and the Little House, there's a danger here. And I'm hoping that somehow, it's not your job as the Planning Board, but clearly these should be rezoned and the village protected forever, and I hope you can do whatever your role is in forwarding that agenda. Chairperson Woodhouse: Thank you. Yes, sir? Georqe Johnson: I live in Browns Hills in Orient, and I've lived in Orient for almost 50 years. I've recently retired, but I've spent a lot of time, probably 40 years, working for museums: the Metropolitan Museum of Art, the Museum of Modern Art, etc., and just want to speak for a second about the private auction aspect of this. I'm fascinated by the definition of, or non-definition of "gift shop" of various things, but the private auction seems to me to be a contradiction in terms. The only way an auction is going to work is if there are a lot of people bidding against each other unless, as Ms. Moore said, you do it through internet or something of the sort. But if there are key people, they're not going to fit in that parking lot if there's an auction. They're going to certainly be lined up along the highway and into Village Lane if there's to be any success at all for business, you can't do it with two or three people. Auctions of this sort by their very nature are public. Think of Mills Auctions, for instance. They are advertised, otherwise they're private sales, they're not private auctions. I have a feeling that there's a sense of putting in as many possibilities so that you can go out in any direction from that, so that all these definitions of what this property is to be used for is purposely being left as a very vague entity: and we'll have a bit of this and a bit of that and a bit of the other, and it'll all work out. It won't work out. Chairperson Woodhouse: Is there anyone else who would like to address the Board? Susan Utz: I've lived on Young's Road for 30 years. I'm kinda forgetful, I'm gonna write my name now. I agree with all the people who have voiced their opposition to the Ehrlich property being made into some sort of a business. I don't have anything to add to the reason it should be made into a business, because it's been said. I have lived very close to the Main Road on Young's Road across the street from the Ehrlich property for 30 years. I've been trying to make turns into Young's Road. Usually coming from the west for 30 years. I no longer try to make a turn onto Young's Road, even when coming from the west. I go further east, circle around somewhere, and come back. I go out of my way to do this, to save my life. I went out of my way to do this when my four children were in the car because a large tractor-trailer tried to pass me on the right, which would be coming from the west making it very close to the Ehrlich property. There's no room for passing when somebody is stopped on the main road to turn left onto Young's Road. You can imagine, in my small car with my four Southold Town Planninq Board Paqe Thirtv-One March 13. 2006 children, and that tractor-trailer blasting the horn, that I can still remember that sound and the fear. It has been said by Miss Moore several times that things that are against the law in the area of the Ehrlich property would be taken care of by law enforcement officials. Therefore, if people were parked where they don't belong, of course somebody would come along right away and regulate that who is in charge of the law, oh yes? Is that what happens when we are trying to drive home from our jobs in Greenport and people are passing us on the right, on the left, around corners, over double lines, to get to wherever they're going? No. That is not what happens. Perhaps there are not enough law enforcement officials to keep a good eye on that. So that's not going to happen. When I was a little girl, for whatever reason at the age of 10, I had to know my purpose in life. My mother kept sending me upstairs: "Take an aspirin, dear, you'll probably feel better tomorrow." I had to know. She finally sat me on her lap and said, "Susie, your purpose is going to be to try to help the world feel better." Well, at the age of 10, it didn't mean a whole lot, but it set a good goal for me. Now, tonight I've listened to everything. I wonder how I can make this little world I'm in right here feel better about the situation that's being debated. I try to live by compassion and kindness. That's it. Whether I like the idea of something or don't. Whether I get along with somebody or I don't. I feel compassion for Mr. Ehrlich for obviously he's being greatly opposed by many. I haven't heard one person get up and say: "Let's give that place a go as a business." Funny thing, I didn't hear anybody say that, except possibly his lawyer, who is trying to encourage the idea on his behalf. So I do, I feel compassion for him because this is wrong. Some things in life are black and white, right and wrong. This idea of trying to have a business on that particular spot is wrong. If nothing else, I was born with common sense, sympathy and a good sense of humor. That might have gotten in my genes. This is wrong. I feel compassion for somebody who's trying to make a go of this idea. And I feel compassion for his lawyer, who is trying to represent him and do it as well as she can. That's very sad. And I feel great compassion for my fellow Orienters who are suffering month after month with the idea that this could possibly happen. Thank you for listening. Chairperson Woodhouse: Is there anyone else who would like to address the Board on this application? Jim Michter: From the Candy Man. First of all, on your site plan, is there access to our property? Pat Moore: We don't have access to your property. We have to provide an access in the event you ever offer that to the Planning Board. Jim Michter: All right. Because I saw that on the...... I was just wondering if the State Pat Moore: No. Jim Michter: My only problem with it is the parking. They're gonna be parking in our parking lot, and if it does go through to be a coffee house you know whatever with liquor Southold Town Planninq Board Paqe Thirty-Two March 13, 2006 and stuff, I just don't want to be responsible for people parking in our parking lot. Is there gonna be a fence, 6' fence on our side? Pat Moore: Can I assure you there is not going to be a coffee house, there is not a liquor license, so could we deal with this as a gift shop? Jim Michter: I guess so. How about our power was turned off quite a while ago because they put a 3-phase power into this building for some kind of equipment for cooking or whatever. Is that still in there? Pat Moore: When the time comes to get approval for this as a site plan, the Building Department will make sure that we have it conforming with our site plan. Jim Michter: So it's still there. Pat Moore: I don't know. Jim Michter: This was in the Suffolk Times in 2002. I just walked over there, I was wondering what people were doing, they were parked I think if I remember right, in our parking lot, and they took this picture of their place. They all stood on our side in our parking lot for the Suffolk Times. And it just seems to be like everybody else does, too. The lawn mower guys don't go in your place to park to cut the grass, so I don't know how people are gonna park in there when they mow, and if a truck or UPS like anybody else says, I think it's gonna be a major problem. I'm just wondering how we can keep, you know, if it does become something else, keep people out of our parking lot, I don't want to be responsible and getting calls from my neighbors saying that you know there's people hanging out there and whatever. Thank you. Chairperson Woodhouse: Thank you. Please sign your name. Anyone else who would like to address the Board on this application? Frances Demarest: Can I make one suggestion: where there's so much opposition to this Ehrlich. I think I have a very good suggestion for Mr. Ehrlich. He's living in Orient. I would suggest that he go to Greenport Village and open the shop that he wants there. I think that would be a very good idea for him to consider, because Orient does not want his store. There is no room to park, and it's a danger point. As I said before, we had that horrible accident, and I missed it by the grace of God, and I'll never forget it. I was speaking with a person outside of the Post Office and we talked about ten minutes and, as I said, that third car pulled off across the street, my father owned the building. And it's no place for his store, I'm sorry. Chairperson Woodhouse: Thank you. Is there anyone else who hasn't had a chance to speak, who would like to speak? Going once, going twice. Is there anyone on the Board who would like to ask a question at this point? (no response) I am going to ask for a motion to close the public hearing but reserve decision upon consideration of this application, all public comments that have been provided, a review of the record of Southold Town Plannina Board Paae Thirty-Three March 13. 2006 these proceedings, and determination of whether the application complies with the Town Site Plan requirements. Ken Edwards: I will entertain that motion. Georae Solomon: Second. Chairperson Woodhouse: All in favor? Let's take a vote. Plannina Board: Yes Chairperson Woodhouse: It is then the Planning Board's intent, under our guidelines we must issue a decision; we will arrive at a decision on this application by the next scheduled public meeting and will issue a written determination in accordance with that decision. So, we will make our determination and we will vote at the next hearing scheduled for April 10, 2006. I'm going to ask that we take a three-minute recess so we can just stretch and move for a minute. Just bear with us a few moments, it's been quite long, so three minutes, walk around and come back. ****************************************** Chairperson Woodhouse: 6:15 p.m. - San nino, Anthonv: This proposal is to relocate the building envelope on Lot 3 of the approved subdivision map of Hanoch and Watts (filed map number 9059, February 1, 1991) in the A-C Zone to a new location 80' from the slw property line, 25' from the nlw property line and 160' from the nle property line shown on the survey prepared by John T. Metzger dated January 24, 2006, last revised February 9, 2006. SCTM#1000-101-1-14.4 Is there anybody who would like to speak on behalf of this application? Anthony Trezza: The applicant is here. Just for the record, and I will add this to the resolution, this approval that we are giving tonight is not for the location of a barn or even a structure, it's just a building envelope and you're not approving any structure that might be shown on the survey. Ken Edwards: I will entertain a motion to close the hearing. Georae Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? And that motion carries. Southold Town Planninq Board Paqe Thirty-Four March 13. 2006 Ken Edwards: I would like to entertain the following motion: WHEREAS, this proposal is to relocate the building envelope on Lot 3 of the approved subdivision map of Hanoch and Watts (filed map number 9059, February 1, 1991) to the location shown on the survey prepared by John T. Metzger, dated January 24, 2006 and last revised on February 9, 2006; and WHEREAS, in a letter dated February 22, 2006, the applicant formally requested that the building envelope on Lot 3 of the approved Subdivision Map of Hanoch and Watts be relocated into a new location 80' from the southwest property line, 25' from the northwest property line and 160' from northeast property line, as shown on the survey prepared by John T. Metzger, dated January 24, 2006 and last revised on February 9, 2006; and WHEREAS, the Southold Town Planning Board considered the applicant's request to relocate the building envelope and determined that no impacts to the site or the surrounding properties will result; be it therefore RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act (6 NYCRR), Part 617.5@ (7), makes a determination that the proposed action is a Type II and not subject to review; Chairperson Woodhouse: Is there a second? Martin Sidor: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? And that motion carries. Ken Edwards: and be it further RESOLVED, that the Southold Town Planning Board hereby approve the new location of the building envelope on SCTM# 1000-101-1-14.4 (Lot 3 of the approved Subdivision Map of Hanoch and Watts) as shown on the survey prepared by John T. Metzger dated January 24, 2006 and last revised on February 9, 2006, and authorizes the Chair to endorse the maps. Chairperson Woodhouse: May I have a second? Martin Sidor: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? And that motion carries. Southold Town Plannina Board Paae Thirty-Five March 13. 2006 Hearings Held Over From Previous Meetings: Charnews. Daniel & Stephanie: This proposal is to subdivide a 23.4004-acre parcel into two lots where Lot 1 equals 3 acres and Lot 2 equals 20.4004 acres. The property is located on the wlslo Youngs Avenue and the elslo Horton Lane, approximately 375' south of CR 48 in Southold. SCTM#1000-63-1-25 BE IT RESOLVED, that the Southold Town Planning Board hereby holds open the public hearing for the Charnews Subdivision. Ken Edwards: I move we keep the hearing open on Charnews subdivision. Chairperson Woodhouse: Do I have a second? Georae Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion carries. ************************************** Caselnova. Ralph & Catherine: Proposal is to subdivide a 15.68-acre parcel into three lots where Lot 1 equals 2.0034 acres, Lot 2 equals 2.3518 acres and Lot 3 equals 11.3226 acres upon which the development rights have been sold to Suffolk County. The property is located on the nlslo NYS Route 25, approximately 1,740 feet wllo Browns Hill Road in Orient. SCTM#'s1000-18-3-9.8 & 9.9 Chairperson Woodhouse: I will read this resolution because there has been a change on this one. It has three parts: WHEREAS, this proposal is to subdivide a 15.68-acre parcel into three lots where Lot 1 equals 2.0034 acres, Lot 2 equals 2.3518 acres and Lot 3 equals 11.3226 acres upon which the development rights have been sold to Suffolk County; and WHEREAS, the Southold Town Planning Board granted conditional sketch approval on by resolution dated September 13, 2005; and WHEREAS, on September 13, 2005, the applicant submitted an additional $400 in application fees and $1500 for the park and playground fee; and WHEREAS, the applicant submitted the LWRP Coastal Consistency Review Form on July 14, 2005; and Southold Town Planninq Board Paqe Thirtv-Six March 13. 2006 WHEREAS, on September 28, 2005, the applicant submitted a copy of the Deed of Developments Rights and draft Covenants and Restrictions; and WHEREAS, the applicant submitted a letter dated February 22, 2006 from the Orient Fire District rescinding their previous requirement that the applicant install a firewell for this project; and WHEREAS, on December 20, 2005, the Southold Town Planning Board received the LWRP Coastal Consistency Review from LWRP Coordinator; be it therefore RESOLVED, that the Southold Town Planning Board finds that all of the conditions of Conditional Sketch Approval have been met; Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion carries. and be it further RESOLVED, that the Southold Town Planning Board accepts the LWRP Coastal Consistency Review and will require that recommendations 1 and 2 be incorporated into the Covenants and Restrictions as described below; Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion carries. and be it further RESOLVED, that the Southold Town Planning Board hereby grant Preliminary Plat Approval upon the map dated February 12, 2003 and last revised on January 28, 2005, subject to the following conditions: A. Submission of a letter from the Orient Fire District indicating there is sufficient emergency vehicle access for the entire length of the right-of- way of at least 15 feet in width and at least 15 feet in height pursuant to Section 100-235(C) of the Town Code. B. Submission of revised draft Covenants and Restrictions containing the following additional clauses: i. The residential application and use of synthetic pesticides shall be prohibited. Southold Town Planninq Board Paqe Thirtv-Seven March 13. 2006 11. Residential landscaping shall consist of native, disease and drought-tolerant plants. C. Submission of the application for final plat approval. No additional application fees are required. D. Submission of eight (8) paper prints and five (5) mylars containing the Health Department stamp of approval. Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? And that motion carries. **************************************** Baxter. Mark: This proposal is to subdivide a 6.7898-acre parcel into 2 lots where Lot 1 equals 4.4417 acres and Lot 2 equals 2.3841 acres. The property is located on the nlslo Main Bayview Road, approximately 325' elo Smith Drive South in Southold. SCTM# 1000-78-7-5.3 & 5.4 Chairperson Woodhouse: Is there anyone who did not speak at the last hearing or who has new information and would like to address the Board? Reverend Joel Warner: I live at 270 Smith Drive South in Southold, and this particular property that we are talking about runs about, my property abuts it for 200' or 300' or whatever it is. I'd like to make this statement, well, I'm making it, so I'll make it. I've been a pastor on Long Island since 1961. As some of you know, pastors have to live in dumb houses. So I've ended up living in all these crummy parsonages all these years. But when I retired, before I retired, I bought this wonderful house on Smith Drive South. Never saw such a house in my life; bought the thing. And one of the things that I loved about that house is that I have this wonderful privacy in the back of my house. I have my yard, and then I have a bunch of wetlands and woods or something or other. And then there's another big stretch of what I thought was wetlands. Now, as I understand it, we're talking about building some enormous house right in the middle of my view. I'm distressed by that. I bought the house because of the location and the environment, and we may end up with some huge house right behind me. I'm distressed by that, and so I don't have any facts or figures, I just have a personal statement. Thanks for listening to me. Chairperson Woodhouse: Thank you. Is there anyone else in the audience who would like to address the Board on this application, who has not spoken before or who has new information? Southold Town Planninq Board Paqe Thirtv-Eiqht March 13. 2006 Paula Ohlmann: I have not spoken before the Board at the last meeting. I own property two lots from the Baxter's home. I have lived there since 1963, so I do know this property quite well. As you know by the pictures we presented, I think you have a feel of how the property is as well when it comes to nor'easters and things of that effect. If this should go through, this subdivision, the requirements if he were to build on this, which is his intention, we are making that pathway to do so. The elevation of the property would cause devastating effects on my property. And this I can attest to because Mr. Warner did a renovation; he had to redo his cesspool, and he had to raise his property. Now, in the storm in the fall, what that did is when the waters came in, it trapped water in my backyard, within feet of my septic system. If Mr. Baxter were to do the same thing, this would just intensify the problem; it would cause pooling in my yard, which would pool into my cesspools causing raw sewage to back up into my home. I would be forced out of my home. I would not be able to shower, use my bathroom, running water, I have well water, not town water; I would be forced from my home. I mean, it is in the Town Code that this should not have an effect on me, and it will. And if you pass this, the damage is done. And I am in the process of obtaining an attorney, and I will hold the Baxters responsible, I will hold the Town responsible for the damage that this will cause to me. Thank you. Chairperson Woodhouse: Anyone else? OK. It is my understanding that we are waiting for comments from the Trustees. Therefore, I am going to entertain a motion to continue to hold this hearing open pending comments back from the Trustees. Ken Edwards: I will entertain that motion to keep the hearing open on the Baxter Subdivision. Georqe Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? And that motion carries. Thank you. **************************************** CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE- SUBDIVISIONS (Lot Line Changes) Conditional Sketch Determinations: The Cottaaes at Mattituck: This proposal is to subdivide a 7A-acre parcel into 24 lots for an affordable housing development, where the lots range in size from 6,001 square feet to 19,329 square feet, in the Affordable Housing District. The property is located on the south side of Sound Avenue and the west side of Factory Avenue in Mattituck. SCTM#1 000-122-2-23. 1 Southold Town Planninq Board Paqe Thirty-Nine March 13. 2006 Joseph Townsend: WHEREAS, this proposal is for a Standard Subdivision to subdivide a 7A-acre parcel into 24 lots for an affordable housing development, where the lots range in size from 6,001 square feet to 19,329 square feet, in the Affordable Housing District; and WHEREAS, the applicant is the Community Development Corporation of Long Island, a not for profit organization seeking to develop the subject property for affordable housing pursuant to Article V, Affordable Housing District, of the Town Code, and in accordance with the Town's goal of addressing the housing needs of its local residents; and WHEREAS, the South old Town Planning Board held several work sessions with the applicant to discuss the merits of the project and the conceptual design elements that would be expected; and WHEREAS, by resolution No. 2005-762 (December 6,2005), the Town Board agreed to consider a change of zone on its own motion and authorized the Supervisor to retain the services of Cleary Consulting to perform a SEQRA review for the proposed project; and WHEREAS, the Town Board held a public hearing for the change of zone application on January 31, 2006, which remains open at this time pending completion of the SEQRA review; and WHEREAS, as required under Section 1 00-55(B) of the Town Code, the applications for a change of zone and subdivision are being reviewed concurrently as to enable the Town to utilize a single SEQRA process and conduct a coordinated review of the entire application; and WHEREAS, by Resolution No. 2006-140 (January 17, 2006), the Town Board designated its intention to serve as Lead Agency for the SEQRA Coordinated Review of this Action, and directed the Lead Agency Notification to be circulated, along with the Environmental Assessment Form, to all involved agencies; and WHEREAS, by Resolution No. 2006-142 (January 17, 2006), the Town Board authorized the Planning Board to begin the sketch application process for this project upon submission of the sketch application and reduced fee in the amount of $1,000; and WHEREAS, an application for sketch approval was submitted on January 12, 2006 and the fee in the amount of $1,000 on January 31, 2006; and WHEREAS, on December 27,2005 the applicant submitted a Yield Map, prepared by Victor Bert, P.E. of Nelson and Pope, dated October 24,2005; a Health Department Yield Map, prepared by Victor Bert, P.E. of Nelson and Pope, dated November 16, 2005; and a Sketch Plan, prepared by Victor Bert, P.E. of Nelson and Pope, dated October 31,2005; and Southold Town Plannina Board Paae Fortv March 13. 2006 WHEREAS, on March 13,2006, the applicant submitted the Phase I Archaeological Investigation for the proposed project; and WHEREAS, it has been determined this project will require the transfer of twelve (12) Sanitary Flow Credits pursuant to Chapter 87 of the Southold Town Code; and WHEREAS, an Application for the Transfer of Sanitary Flow Credits was submitted to the Town Clerk's Office on March 3, 2006; and WHEREAS, the Planning Board reviewed the Yield Map at their work session on January 23, 2006 and determined that Lot 3 has insufficient lot depth, Lots 5,12, 15 and 16 have insufficient lot width and Lots 3, 5, 12,15, 16 and 19 are flag lots; and WHEREAS, pursuant to Section 1 00-54(B) of the Southold Town Code, the Planning Board has the authority to reduce or amend the yard setback requirements, lot dimension requirements and highway specifications; and WHEREAS, by letter dated January 25, 2006, the applicant formally petitioned the Planning Board to grant the necessary relief pursuant to Section 1 00-54(B) of the Southold Town Code, as follows: 1. Lot depth variance of 1.19 feet for Lot 3. 2. Lot width variance of 20 feet for Lot 5. 3. Lot width variance of 21 feet for Lot 12. 4. Lot width variance of 25 feet for Lot 25. 5. Lot width variance of 15 feet for Lot 16. 6. Use of flag lots for Lots 3, 5, 12, 15, 16 and 19; be it therefore RESOLVED, that the Southold Town Planning Board hereby grant Conditional Sketch Approval upon the map prepared by Victor Bert, P.E. of Nelson and Pope, dated October 31,2005, subject to the following conditions: 1. Town Board approval of the change of zone from R-80 to AHD. 2. Planning Board approval of the requested variances, subject to a public hearing. 3. Submission of the following additional information for compliance with the Existing Resources and Site Analysis Plan pursuant to Section A1 06-11 (A) of the Southold Town Code: a. (6b) Topography at a minimum of 5 foot contours. b. (6cii) Sole source aquifers and/or recharge areas. c. (6h) Soil series, types and phases. d. (6k) Locations and dimensions of all existing public and private streets, roads, buildings, utilities and other man-made improvements. Southold Town Planninq Board Paqe Forty-One March 13. 2006 4. Town Board Approval of the Transfer of Sanitary Flow Credits needed for Health Department approval. 5. Completion of the SEQRA Environmental Review for the proposed project including the Traffic Study. 6. Submission of all materials required for subdivision approval, including Covenants and Restrictions and other legal documents, application materials and fees, revised subdivision map, road and drainage plan and any other information that may be required during the application review process. Chairperson Woodhouse: Do I have a second? Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? Chairperson Woodhouse: That motion carries. Joseph Townsend: and be it further RESOLVED, the Southold Town Planning Board set Tuesday, March 21 at 4:00 p.m. to hold a public hearing on the application to vary the lot depth and width requirements pursuant to Chapter 154.b of the Town Code. Chairperson Woodhouse: Is there a second? Ken Edwards: Second. Chairperson Woodhouse: All those in favor? Ayes. Chairperson Woodhouse: Opposed? Chairperson Woodhouse: That motion is carried. ********************************** CONSERVATION SUBDIVISIONS, STANDARD SUBDIVISIONS, RE- SUBDIVISIONS (Lot Line Changes) - STATE ENVIRONMENTAL QUALITY REVIEW ACT Southold Town Plan nino Board Paoe Forty-Two March 13, 2006 Lead Agency Coordination: Tall Pines at Paradise Point: This minor subdivision is for 4 lots on a 19.825-acre parcel. The property is located at 900 Paradise Point Road in Southold. SCTM#'s 1000-81-2-5 & 79-8-16. Ken Edwards: I will entertain the following motion: WHEREAS, this proposal is for a Standard Subdivision to subdivide a 19.825-acre parcel into five lots where Lot 1 equals 40,571 s.f., Lot 2 equals 40,436 s.f., Lot 3 equals 40,337 s.f., Lot 4 equals 40,000 s.f. and Lot 5 equals 40,000 s.f. in the R-80 Zoning District.; and WHEREAS, an application for sketch approval was submitted on January 30, 2006; be it therefore RESOLVED, that the South old Town Planning Board start the SEQR lead agency coordination process for this unlisted action. Chairperson Woodhouse: Is there a second? Georoe Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion carries. ****************************************" SITE PLANS Set Hearings: Premium Wine Group: This amended site plan includes a new building of 5,384 sq.ft. added to the existing two buildings of 20,585 sq.ft. on a 3.563-acre parcel in the LB Zone located on the nlslo of County Road 48 at the nlw intersection of CR 48 and Cox Neck Lane known as 35 Cox Neck Road in Mattituck. SCTM# 1000-121-6-1 Chairperson Woodhouse: WHEREAS, the amended site plan is for the new building addition of 5384 sq. ft. added to the existing two buildings 20,585 sq. ft. on a 3.563-acre parcel in the LB Zone located on the nlslo of County Road 48 at the nlw intersection of CR 48 and Cox Neck Lane known as 35 Cox Neck Lane in Mattituck, SCTM 1000-121-6-1; be it therefore Southold Town Planninq Board Paqe Fortv-Three March 13. 2006 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, initiates the SEQR lead agency coordination process for this unlisted action; Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? The motion carries; and be it further RESOLVED, that the Southold Town Planning Board set Monday, April 10, 2006, at 6:00 p.m. for a final public hearing on the maps dated September 29, 2005 and last revised December 21,2005. Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? The motion carries. ******************************************* SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Uncoordinated Reviews: Duck Walk Vineyards: This site plan is for construction of a 7,600 sq. ft. building with 38 parking spaces provided as required and 31 additional overflow parking spaces in geoblock type on a 30.5-acre parcel in the A-C Zone located on the nlslo NYS Road 25 approximately 546' wlo of Maple Avenue in Southold. SCTM#'s 1000-75-2-2.6 & 2.7 Joseph Townsend: WHEREAS, the applicant proposes a site plan for construction of a 7,600 sq. ft. vineyard building with 38 parking spaces provided as required and 31 additional overflow parking spaces in geoblock type on 30.5 acres parcel in the A-C Zone located on the nlslo NYS Road 25 approximately 546' wlo of Maple Avenue in Southold. SCTM# 1000-75-2-2.6 & 2.7; and WHEREAS, on December 12, 2005, a formal site plan application was submitted for approval; be it therefore Southold Town Planninq Board Paqe Forty-Four March 13. 2006 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, initiates the SEQR lead agency coordination process for this unlisted action. Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? The motion carries. ********************************** Rich's Auto Bodv: This site plan is for new construction of a 1,759 sq.ft. auto repair building, existing office building of 1,620 sq.ft., and existing auto repair of 130 sq.ft. on a 37,428 sq.ft. parcel in the R-40 zone located on the slslo NYS 25 at the slw intersection of NYS 25 and Fleets Neck Road in Cutchogue. SCTM# 1000-102-3-1 Martin Sidor: WHEREAS, the site plan involves new construction of a 1,759 sq. ft. building, existing office building of 1,620 sq. ft., existing auto repair of 130 sq. ft. on a 37,428 sq. ft. parcel in the R-40 Zone located on the slslo NYS 25 at the slw intersection of NYS 25 and Fleets Neck Road known as 29950 Main Road in Cutchogue SCTM#1 000-1 02-3-1; be it therefore 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, initiates the SEQR lead agency coordination process for this unlisted action. Georqe Solomon: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? The motion carries. *************************************** Southold Town Plan nino Board Paoe Forty-Five March 13. 2006 Review Extensions: Matt-a-Mar By the Bay: This site plan proposes 17 boat racks storing 9 boats per rack for a total of a 153-boat capacity, 10 wet boat slips, use of an existing restaurant and storage building on a 3.25-acre parcel in the M-II Zone, located on the e/s/o First Street approximately 32' s/o King Street known as 650 First Street in New Suffolk. SCTM# 1000-117-8-18 Georoe Solomon: WHEREAS, the proposed action involves a site plan that proposes 17 boat racks storing 9 boats per rack for a total of 153-boat capacity, 10 wet boat slips, use of an existing restaurant and storage building on a 3.25-acre parcel in the M-II Zone located on the e/s/o First Street approximately 32' s/o King Street known as 650 First Street in New Suffolk, SCTM# 1000-117-8-18; and WHEREAS, pursuant to NYSCRR Regulations Part 617 (SEQR), on May 11, 2005, the Town of Southold Planning Board informed the New York State Department of Environmental Conservation that the Town of Southold Planning Board requested to establish itself as Lead Agency for the proposed action; and WHEREAS, as of March 13,2006, the applicant's agent has not submitted any new supplemental information for review and the Planning Board agreed to allow additional time for the submission of supplemental information prior to the Southold Town Planning Board issuing a determination of significance; and WHEREAS, pursuant to Article 617.13 of the State Environmental Quality Review Act the applicant will be financially responsible for costs of preparing the Environmental Impact Statement; and WHEREAS, the Southold Town Planning Board has established itself as lead agency pursuant to SEQRA; be it therefore RESOLVED, that the Southold Town Planning Board, pursuant to Part 617 of the Environmental Conservation Law acting under the State Environmental Quality Review Act, leaves the significance determination open pending submission of supplemental information. Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? The motion carries. ************************************ Southold Town Plannina Board Paae Forty-Six March 13. 2006 OTHER Amendment to Covenants & Restrictions: Tide Group: This proposal is to amend the Covenants & Restrictions previously recorded with the Office of the Suffolk County Clerk on January 20,2005 (Liber 12367, Page 087) to reduce the 20' wide vegetative buffer along the easterly portions of Lots 4,5,6,7 and 8 to five (5) feet in the LI & L10 Zoning Districts. The property is located on the n/e corner of CR 48 and Depot Lane in Cutchogue. SCTM# 1000-96-1-1 Joseph Townsend: WHEREAS, this proposal is to amend the Declaration of Covenants and Restrictions previously recorded with the Office of the County Clerk on January 20,2005 (Liber 12367, Page 087) to reduce the 20'-wide vegetative buffer along the easterly portions of Lots 4,5,6,7 and 8 to five (5) feet; and WHEREAS, in letters dated September 22, 2005 and October 6, 2005, the applicant requested that Article II, Section 4, Paragraph C of the Declaration of Covenants and Restrictions be amended to replace the 20'-wide vegetative buffer with a 5'-wide vegetative buffer along the easterly property line abutting the Town of Southold Landfill; and WHEREAS, the Planning Board has reviewed this request to decrease the size of the buffer, has considered the safety concerns of the community and finds that the proposed decrease in the vegetative buffer along the easterly property line will have little or no impact to the surrounding community or to the overall build-out of the subdivision; and WHEREAS, on March 9, 2006, the applicant submitted copies of the revised Declaration of Covenants and Restrictions and the Affidavit of Correction as required by the Planning Board in their resolution dated December 13, 2005; be it therefore RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act (6 NYCRR), Part 617.5 @ (7), makes a determination that the proposed action is a Type II and not subject to review; Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? The motion carries. Joseph Townsend: and be it further RESOLVED, that the Southold Town Planning Board hereby approves the revised Declaration of Covenants and Restrictions and the Affidavit of Correction, as submitted. Southold Town PlanninQ Board PaQe Fortv-Seven March 13. 2006 Ken Edwards: Second the motion. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Opposed? That motion carries. ********************************************************** APPROVAL OF PLANNING BOARD MINUTES Chairperson Woodhouse: I need a motion to approve the Board minutes of November 1, 1999 and November 22, 1999. Do I have a motion? GeorQe Solomon: So moved. Chairperson Woodhouse: Second? Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes. Ken Edwards: I was the only one there. Chairperson Woodhouse: Opposed? That motion carries. ******************************************** Chairperson Woodhouse: And I'll entertain a motion to adjourn. GeorQe Solomon: Moved. Ken Edwards: Second. Chairperson Woodhouse: All in favor? Ayes. Chairperson Woodhouse: Thank you all very much for your patience and cooperation this evening. South old Town Planninq Board Paqe Fortv-Eiqht March 13. 2006 There being no further business to come before the Board, the meeting was adjourned at 8:20 p.m. Respectfully submitted, ~K~ Linda Randolph Secretary ~cU-d~ . Woodhouse, Chairperson RECEIVeD .f-/dd- ~ ..j. 'UC) fJ fY1 APR 2 1 2006 &~.Id.J(} n,JJ - S1u~~v:n llerk