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HomeMy WebLinkAboutPB-10/02/2000Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MINUTES October 2, 2000 6:00 p.rn. Present were: Bennett Orlowski, Jr., Chairman Richard Caggiano William J. Cremers Kenneth L. Edwards George Ritchie Latham, Jr. Valerie Scopaz, Town Planner Craig Turner, Planner Robed G. Kassner, Site Plan Reviewer Carol Kalin, Secretary Mr. Orlowskil Good evening. I'd like to call this meeting to order. The first order of business is fbr the Board to set Monday, October 23, 2000, at 6:00 p.m. at the Southold Town Hall, Main Road, Southold, as the time and place for the next regular Planning Board Meeting. Mr. Cremers; So move. Mr. Edwardsi Second. Mr. Odowskii Motion made and seconded. All those in favor? Ayes: Mr. Oriowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Mr. Orlowski Opposed? Motion carries. Southold Town Planning Board Pa,qe Two October 2, 2000 PUBLIC HEARINGS Subdivisions: Mr. Orlowski: 6:00 p.m. - HolzapfeI-O'ConnoflLeudesdorf - This proposed lot line change is to subtract. 15 of an acre from a 6.38 acre parcel, SCTM#1000-26-2-42.1, and add it to a .30 acre parcel, SCTM#1000-26-2-41. The property is located on King Street in Orient. I'll ask if there are any comments on this lot line change. Hearing none, are there any questions from the Board? Since there are no questions, I'll entertain a motion to close the hearing. Mr. Cremers: So move. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Mr. Orlowski: Opposed? Motion carries. (The hearing was adjourned at 6:04 p.m.) What is the pleasure of the Board? Mr. Cremers: Mr. Chairman, I'll offer the following: WHEREAS, John and Joyce Hotzapfel are the owners of the properties known and designated as SCTM#1000-26-2-42.1, and Diane O'Connor and Carol Leudesdorf are the owners of the property known and designated as SCTM#1000-26-2-41, both located on King Street in Orient; and WHEREAS, this proposed lot tine change is to subtract. 15 of an acre from a 6.38 acre parcel, SCTM#1000-26-2-42.1, and add it to a .30 acre parcel, SCTM#1000-26-2-41; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, did an uncoordinated review of this unlisted action, made a determination of non-significance and granted a Negative Declaration on September 11, 2000; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on October 2, 2000; and Southold Town Planning Board .Page Three October 2, 20CL.O WHEREAS, the $outhold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has received affidavits that the applicant has complied with the notification provisions; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; be it therefore RESOLVED, that the Southold Town Planning Board grant conditional final approval on the surveys, dated August 22, 2000, and authorize the Chairman to endorse the final surveys subject to fulfillment of the following condition. This condition must be met within six (6) months of the resolution. The filing of new deeds pertaining to the merger of. 15 of an acre from a 6.38 acre parcel, SCTM#1000-26-2-42.1, and adding it to a .30 acre parcel, SCTM#1000-26-2-41. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Mr. Oriowski: Opposed? Motion carries. I'm going to move past Cross Sound Ferry because i believe a lot of you people are here for it. I'm going to try to finish as much of the agenda as I can before 6:15 p.m. Hearings Held Over From Previous Meetings: Mr. Orlowski: Summit Estates, Section 4 - Section 4 of this major subdivision is for one 4.3739 acre lot (Lot #33). The property is located off Shipyard Lane in East Marion. SCTM#1000-38-7-p/o 10 (a.k.a. SCTM#1000-35-8-5.3) The hearing is still open. I'm ready to close the hearing. Are there any comments or questions on this Summit Estates Subdivision? Hearing none, any questions from thE; Board? Good - I'll entertain a motion to close the hearing. Mr. Cremers: So move. Mr. Caaaiano: Second. Mr. Orlowski: Motion made and seconded. All those in favor? Southold Town Planninq Board Page Four October 2, 2000 Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Mr. Orlowski: Opposed? Motion carries. What is the pleasure of the Board? Mr. Ca_Q_oiano: Mr. Chairman, I'll offer the following resolution: WHEREAS, Gusmar Realty Corp. and Peter Mourkakos are the owners of the property known and designated as SCTM#1000-35-8-(5.4-5.18) & 38-7-(8-12) and 1000-38-7-p/o 10 (a.k.a. SCTM#1000-35-8-5.3), located off Shipyard Lane in East Marion; and WHEREAS, this proposed subdivision, to be known as Summit Estates, Section 4, is for one 4.3739 acre lot; and WHEREAS, in 1989, Gusmar Realty Corp. made an application to the Planning Board for a major subdivision of 35 lots on 40.822 acres to be known as Summit Estates; and WHEREAS, after the Planning Board granted preliminary approval to the subdivision application, the Planning Board allowed the applicant to proceed with the final submission in four separate sections (Section 1: Lots 1-10, Section 2: Lots 11-23, Section 3: Lots 24-32 and Lots 34-35 and Section 4: Lot 33); and WHEREAS, the Planning Board granted final approval to Summit Estates, Section 1, on October 4, 1993; and WHEREAS, Summit Estates, Section 1, contained 10 lots on 17.5036 acres, in addition to three (3) parcels of Open Space (Parcel A, Parcel B, and Parcel C) and one (1) parcel for a Park and Recreation Area (Parcel D), all subject to covenants and restrictions contained in a Declaration of Covenants and Restrictions recorded as par'[ of the subdivision approval; and WHEREAS, Condition Number 11 of the Declaration of Covenants and Restrictions for Summit Estates reads as follows: "The dock, and any further expansion of such, cannot be conveyed separately from Lot No. 33 except by permission of the Southold Town Planning Board after a public hearing, and if such conveyance shall be allowed, it shall be to the owner(s) of the park and recreation area only."; and WHEREAS, Lot No. 33 is the proposed lot which is now known as the pending application for Summit Estates, Section 4; and WHEREAS, the applicant asked the Planning Board to grant approval to Section 4, prior to granting approval to Sections 2 and 3; and Southold Town Planning Board Page Five October 2, 2000 WHEREAS, the applicant presented the information required to proceed with Section 4; and WHEREAS, the Southold Town Planning Board, after holding a public hearing, allowed the ownership of the dock to be conveyed to the Homeowners Association subject to five (5) conditions; and WHEREAS, the Planning Board has received notification that a revised Declaration of Covenants and Restrictions has been recorded, that a revised Homeowners Association Offering Plan has been recorded, and that the Town Tax Assessors have been notified of the change in ownership of the dock, all in accordance with the conditions of approval; and WHEREAS, the Declaration of Covenants and Restrictions filed on the property confines docking or mooring to the "T" portion (the section that is parallel to the shoreline) of the dock in accordance with the conditions set by the Planning Board for the transfer of dock ownership to the Homeowners Association; and WHEREAS, the Planning Board recognizes that the dock is owned by the Homeowners Association, and not the individual members of the Homeowners Association, in accordance with the interpretation of Article Ill, Section 100-3!C(3) of the Zoning Code by the Zoning Board of Appeals in a decision rendered on May 11, 1993 (Appl. No. 4156); and, WHEREAS, only boats owned by the Homeowners Association, and not the individual members of the Homeowners Association, are allowed to use the dock for docking or mooring purposes, with the exception of up to two boats belonging to other owners which may also use the dock, in accordance with Article Ill, Section 100-31C(3)(a) of the Zoning Code; and WHEREAS, the authority to reserve or not reserve space for up to two other boats belongs to the Homeowners Association; and WHEREAS, it is the responsibility of the Homeowners Association to decide which boat gets to dock in the allotted space, if any is reserved; and WHEREAS, the number of boats owned by the Homeowners Association that use the; T-portion of the dock is not limited at this time by any section of Town Code but is limited by the amount of space available; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on October 2, 2000; and Southold Town Planning Board Page Six October 2, 2000 WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has received affidavits that the applicant has complied with the notification provisions; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; be it therefore RESOLVED, that the Southold Town Planning Board approve and authorize the Chairman to endorse the final surveys dated April 9, 1999. Mr. Cremers: Second the motion. Mr. O______rlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. OrloWski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Mr. Orlowski: Opposed? Motion carries. ~IAJOR AND MINOR SUBDIVISIONS, LOT L~NE CHANGES AND SET OFF APPLICATIONS Setting of Final Hearings: Mr. Orlowski: Dickerson-Steadman - This proposed lot line change is to subtract 8,465 sq. ft. from a 9.52 acre parcel, SCTM#1000-122-2-24, and add it to an 11,272 sq. ft. parcel, SCTM#1000-122-2-6. The property is located on Sound Avenue in Mattituck. Mr. Cremers: Mr. Chairman, I'll offer the following: BE IT RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, do an uncoordinated review of this unlisted action. The Planning Board establishes itself as lead agency, and as lead agency, makes a determination of non-significance and grants a Negative Declaration. Mr. Edwards: Second the motion. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Mr. Orlowski: Opposed? Motion carries. Southold Town Planning Board Page Seven October 2, 2000 Mr. Cremers: In addition- BE IT FURTHER RESOLVED that the Southold Town Planning Board set Monday, October 23, at 6:00 p.m. for a final public hearing on the maps dated August 23, 2000. Mr. Edwards: Second the motion. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favo~ Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Mr. Orlowski: Opposed? Motion carries. Mr. Orlowski: Harry & Lorraine Broom - This proposed lot line change is to divide an 1 t ,517 sq. ft. parcel, SCTM#1000-10-3-25, between a 1,826 sq..ft, parcel, SCTM#1000- 10-13-14, and an 8,748 sq. ft. parcel, SCTM#1000-10-3-15. 9,185 will be added to the 1,826 sq. ft. parcel, and 2,332 sq. ft. will be added to the 8,748 sq. ft. parcel. The property is located on Peninsula Road, Fishers Island. Mr. Edwards: Mr. Chairman, I'll offer the following resolution: BE ~T RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, do an uncoordinated review of this unlisted action. The Planning Board establishes itself as lead agency, and as lead agency, makes a determination of non-significance and grants a Negative Declaration. Mr. Cremers: Second the motion. Mr. Odowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Mr. Orlowski: Opposed? Motion carries. Mr. Edwards: In addition- BE iT FURTHER RESOLVED that the Southold Town Planning Board set Monday, October 23, at 6:05 p.m. for a final public hearing on the maps dated July 28, 2000. Mr. Latham: Second. Southold Town Planning Board Page Ei.~ht October 2, 2000 Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Mr. Orlowski: Opposed? Motion carries. Mr. Orlowski: Terry-Wysocki - This proposal is to set-off a 1.84 acre parcel (Lot #1 ) from a 32.33 acre parcel. The remaining parcel (Lot #2) is 30.49 acres on which the Town has purchased the development rights on 28.65 acres. The property is located on the north side of Main Road in Orient. SCTM#1000-20-!-(3.2-3.4) Mr. Latham: Mr. Chairman, I'd like to offer this: BE IT RESOLVED that the Southold Town Planning Board set Monday, October 23, at 6:10 p.m. for a final public hearing on the maps dated September 5, 2000. Mr. Cremers: Second the motion. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor?. Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Mr. Orlowski: Opposed? Motion carries. Sketch Extensions: Mr. Orlowski: Paradise Isles - This proposed minor subdivision is for 4 lots on 30.619 acres located on the north side of Island View Lane; 234.18 feet west of Bayshore Road and on the south side of August Lane in Southold. SCTM#1000-53-6-46.2 and 57-2-1.1 Mr. Cremers: Mr. Chairman, I'll offer the following: BE IT RESOLVED that the Southold Town Planning Board grant a retro-active six- month extension of sketch approval from September 17, 2000 to March 17, 2001. Conditional sketch approval was granted on September 15, 1997. Mr. Caaaiano: Second the motion. Southold Town Planning Board Pa.qe Nine October 2, 200,0_ Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Mr. Orlowski: Opposed? Motion carries. Review of Reports: Mr. Orlowski: Cove Beach Estates - This proposed subdivision is for 13 ~ots on 105.3 acres, north of Main Road and west of Dam Pond in East Marion, SCTM#1000-22-3- 9.1, 18.7 & 18.8 Mr. Latham: Mr. Chairman, !'11 offer this: RESOLVED, to adopt the Engineer's Report, dated September 7, 2000, with the following clarification: The Planning Board does not expect the applicant to construct the tap road. Mr. Cremers: Second the motion. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Mr. Orlowski: Opposed? Motion carries. Mr. Latham: Further- BE IT FURTHER RESOLVED, to adopt the Bond Estimate, dated as revised September 7, 2000, and to recommend same to the Town Board. The Bond Estimate is in the amount of $445,160.00, with an inspection fee in the amount of $26,709.60. Mr. Cremers: Second the motion. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Mr. Orlowski: Opposed? So ordered. Southold Town Planning Board Pa.qe Ten October 2, 2000 SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Determinations: Mr. Orlowski: Buccaneer Books - This proposed site plan is for an 8,580 square foot office and storage building and two 9,000 square foot storage buildings on a 3.167 acre site on Route 48 (a.k.a. North Road, Middle Road) in Southold. SCTM#1000-55-5-2.4 Mr. Edwards: Mr. Chairman, I'll offer the following resolution: BE IT RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, establishes itself as lead agency, and as lead agency, makes a determination of non-significance and grants a Negative Declaration. Mr. Cremers: Second the motion. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Mr. Orlowski: Opposed? Motion carries. PUBLIC HEARINGS (continued) Site Plans: Mr. Orlowski: 6:15 p.m. - Cross Sound Ferry - This proposed new site plan is to amend the June 6, 1995 site plan for the Cross Sound Ferry Company Terminal. The. subject site encompasses three parcels located on the west and east sides of SR 25 at its eastern-most terminus in Orient. SCTM#1000-15-9-10.1 and 11.1 and 15.1 Just for starters, this has been a long time to get here. We've been in litigation for five or six years. I know the big question out there has been: "Why hold the hearing with a conceptual plan?" The Board felt that we would like to get this document out into the open and have public comment like ! see we're going to have tonight. The SEQRA process is going on. This is a brand new application. It's a brand new SEQRA application. It's going through the coordination process right now. You can comment on that right now if you'd like. We're here to listen. This hearing will not be closed tonight. ~t will be held open until SEQRA is complete and until the site plan itself is written to Southold Town Planning Board Page Eleven October 2, 2000 Code. Right now, the applicant can start. When you come up to the microphone, please state your name for the record so the secretary can get it. Richard Warren, Interscience Research Associates on behalf of Cross Sound Ferry Services: The site plan application, which is subject to the hearing tonight, was submitted in June of this year and represents a continuing effort on the part of Cross Sound Ferry Services to resolve the matter cooperatively with the Town of Southold. When my office first started with this application over four years ago, it was on a different application - something completely different from what you have before you tonight. The project at that time required a change of zone for a part of the Town that included the utilization of a piece of property that is known as the "Trust Parcel" to the east of the property that is currently before you tonight. That parcel was then, and is still now, residentially zoned. That application drew significant opposition from the public and prompted the requirement of a draft Environmental Impact Statement. After years of going back and forth between the Town and the applicant with this, that application was withdrawn. The project has been redesigned and it now contains solely what is commonly known as the "Snack Bar Parcel". This new application was filed and it is the subject of this hearing tonight. Even after the latest submission was made in June, we've worked back and forth with the Town to try to refine the details that you have here tonight. The latest plans that were submitted on September 8th represent what, we believe, is a compromise in order to settle this matter. No one at the table is really happy. I think that's probably fair to say. The Planning Board isn't completely happy with what is before you and I don't think the applicant is completely happy with what is before you, but it's an attempt to try to find some common ground to try to resolve this matter that's been going on for a long time. This application proposes no improvement to the easterly parcel with the exception of the planting of some landscaping. The over- all site consists of three parcels totally a little over four acres and the project site lies within the Marine il Zoning District. It's not residential like the property next door. in general, this application looks to make site improvements to what's known as the "Snack Bar Parcel" where the pre-existing parking occurs, in general, the plan that you have up on the Board that has been prepared by my office, defines the parking area on all four sides with a combination of guardrail fencing and railroad tie curb stops. It eliminates the potential for encroachment onto other parcels. It enhances landscape buffering adjacent to the parking area. It improves the parking surface by grading it and covering it with a stone surface so that it's better for patrons using it and it provides fl~r better pedestrian safety. In particular, to go through the site plan in more detail, curb stops are proposed. Curb stops, which would be either telephone poles or railroad ties anchored to the ground, are proposed on the northern, western and southern borders. Along the eastern border, a wooden or metal guardrail is proposed along the length of the eastern border. The parking lot would be graded to eliminate the depressions and stone and gravel would be applied to the surface thereby providing a permeable surface for drainage and also an all-weather surface. The existing vegetation around the perimeter of the property would be enhanced and inventory would be undertaken of what occurs there now. We would provide a landscape plan for the Planning Board to review. Some Iow-level lighting would be proposed for safety of the pedestrians and the Southold Town Planning Board Pa,qe Twelve October 2, 200,0 patrons that utilize the site only during the evening hours of operation. They would be shut off one-half an hour after the last ferry arrives at the site. The plan also shows a crosswalk that's striped from the snack bar building across to the ferry terminal to also help with pedestrian safety. With the submittal that we made to the Planning Board, Cross Sound Ferry also committed to some operational improvements - at least one parking attendant to assist during all peak times, during summer and winter holiday weekends - to assist travelers, when necessary, to get their vehicles out of the parking lot. During the discussions that we had with the Board, there were some concerns about people that may not have been able to maneuver out of the parking lot easily. Cross Sound has made a commitment to make that better for people using it. An attendant would remain on the site for at least one-half an hour after the last ferry arrives in order to help those patrons. Cross Sound would also consider a reservation system for parking. They would investigate establishing a system for reservation of parking for travelers using the high- speed service and allow for advance notice for the needs of parking so that they can better plan the day's parking on the site. Parking and traffic are the major issues surrounding this application. Cross Sound Ferry, in the submittal to the Board from June, has provided information on how they intend to also investigate other areas in terms of long-term operation of the Orient Point facility. They intend to investigate areas outside of Orient for additional parking, investigate bus and rail links so that parking outside of Orient can be successful using some type of mass transportation. They'll continue to investigate an out-of-area ferry landing site on Long Island. They'll work with the Town and the State Department of Transportation on the re-arrangement and reconfiguration of the terminus of Route 25 with an integrated plan with Cross Sound Ferry operations. In conclusion, this hasn't been an easy task for any of us - the Town or the applicant. The plan before you tonight is a conceptual drawing, prepared by my office with the planners - we're not engineers; we're not surveyors. It's understood by all of us - the Planning Board, the applicant - that, if this plan moves forward, prior to any action you will have a formal, engineered site plan and all the information that meets the Code requirements. You will also have details of the proposed lighting on the site and a formal landscape plan submitted. We hope that this plan and the problems that we've been through can secure some consensus with the Town to try to allow resolution of this difficult matter. We've been working back and forth in an attempt to settle it. There have been many meetings, numerous plan changes, site inspections, investigations with other agencies. We believe the plan is a reasonable compromise. It's kind of like having a lot of lemons and trying to make lemonade from them. We think that here's a plan where, again - not everyone around the table on either side is happy with it - but, we think it's a reasonable compromise in order to resolve this matter. I know that there are a lot of people here who want to be heard tonight. I'm here; both of the Wronowski's are here from Cross Sound Ferry. We're here to listen and we will respond as appropriate. Thank you. Southold Town Planning Board Page Thi~een October 2, 2000 Mr. Orlowski: Would anyone else like to make a comment? Howard Meinke, President, North Fork Environmental Council: We thank you for an opportunity to speak on this issue. I remember well a meeting or hearing similar to this one that I attended three or four years ago. At that meeting, I was disappointed at thE; stance of Southold Town, vis-a-vis the Cross Sound Ferry, and ! knew that this matter was going to be with us for a long time. At that meeting, Southold Attorney, Yakaboski, summarily refused an offer of legal support volunteered by Southold Citizens for Safe Roads with the following telling comment: "We, (meaning Southold Town), cannot ally ourselves with a special interest". Now, special interest, phooey. Citizens for Safe Roads, Southold Citizens - that's us, that's you. That bothered us then and it still does. Now here we are three or four years later attending a public hearing to speak to a site plan submission by Cross Sound Ferry. The submission is incomplete and designed to achieve some sort of preliminary approval for a concept that will expand and morph over time to justify whatever the Ferry seeks. The number of cars to be parked, a very' significant factor it seems to us, is stated to appear in the Narrative Section. It doesn't. Veiled reference to pre-existing parking usage on the Snack Bar Property is designecl to justify whatever form of dense parking that Cross Sound can conjure. Send them back to the drawing board. This submission, in our view, fails. There should be no public hearing until they get it right. The passenger ferry parking is for the sole benefit of Cross Sound and the Connecticut casinos, while bringing SouthoJd hoards of thundering traffic and emissions and pollution and the occasional accident. It is is obvious that a Full Environmental Impact Statement is required before anything else is undertaken. The repercussions of the Ferry's increasing activity on Southold are real. Note in our local paper they speak to a DOT plan in Greenport to eliminate some on-street parking and widened lanes to increase the speed and flow of traffic on Front Street. This is not what the Greenport citizens and businesses want; it is simply a government reaction to traffic friction. I bring this up because of ferry traffic - as ferry traffic increases we become a target of DOT plans to widen and modify Route 25 in East Marion and Orient. There go our trees, front yards and quality of life. Public safety is a powerful excuse. This traffic issue is not an Orient-East Marion problem; it's a North Fork problem, if we don't control traffic opportunity by opportunity, we all lose. Thank you very much. Freddie Wachsber.qer, Southold Citizens for Safe Roads: This feels a little bit like the Twilight Zone. I'm going to make three points. Southold Citizens agrees that this application is incomplete, lacking detail and it's 'insufficient for determination or for adequate public review. Furthermore, the evidence presented for pre-existing parking on the Snack Bar Lot is certainly inadequate to the proposed usage of commercial parking lot. And third, although you're talking about a SEQRA, this action was circulated as "Unlisted" and there's no way that a Negative Declaration should be considered for this proposal. I'd like to address the last point first. In 1995, the Planning Board correctly resolved tlhat operation of the new passenger ferry service and the resulting use of the Snack Bar Parcel for passenger parking required a comprehensive site plan and subsequently Southold Town Planning Board Page Fourteen October 2, 2000 made a determination that it was a "Type I Action" requiring an Environmental Impact Statement. Cross Sound filed three legal challenges to the Planning Board and lost each one. The Court found that the Planning Board was entirely within its' rights to do this and, in fact, this Type I Determination was supported by all the respondents, County and State, to the Scoping Outline. I and other members of Southold Citizens for Safe Roads attended the Scoping Session; we reviewed a submitted Environmental Impact Statement. We reviewed the site plan. We prepared responses with the final submission of the impact statement and everything was ready to proceed according to due process under State Law. And now, here we are suddenly three years later, and we're back with this incomplete plan. All of that time the option was open to the Planning Board to go back to the Court and ask the Court to require Cross Sound to come in with the Final ElS and to submit to SEQRA review, to the kind of public scrutiny that Cross Sound and that site never underwent - in 1984 the Orient Association asked that when building their new facility that there should be an Environmental Review at that time - that it didn't have. But, here was the opportunity finally - this huge operation - to think that it never underwent any Environmental Review under SEQRA is ridiculous. So, here we were, all poised to do that and you had all the legal backing to do that - you had the support of the Court to do that and we were all ready to go forward and suddenly we're back with this attempt to segment the proposal, to look only at these two parking lots which under State Law is segmentation and SEQRA specifically mandates against that. SEQRA insists that the entire operation be considered. It looks to us as though this plan is simply an attempt to legalize what Cross Sound -the violations that Cross Sound has already been for several years committing on that site, mainly parking on the Snack Bar Property which is a violation of the existing site plan design, by dumping spoils on the residential property which is a violation of existing zoning, and that this is simply an attempt - not only to legalize all of that illegal action but also to do it without the publiic scrutiny that is attendant on the SEQRA Review. Now, when Planning Board found that it was the increased volume of traffic and increased pollution and all of these attendant problems that attended on the introduction of the passenger ferry and the parking for the passenger ferry, that finding still exists if we're talking about this parking. This is still passenger ferry parking whether or not the Trust Parcel is included in this particular offering is undoubtedly it will be later if not now - whether or not it's included, the parking that we're talking about here, is still parking attendant on the passenger ferry, specifically that was determined to require a Type ~ designation. It's, therefore, impossible for us to understand why you have circulated this as an Unlisted Action and ~ don't see how the Planning Board could possibly contemplate a Negative Declaration - contemplate any kind of consideration of this plan without a Full Environmental Review because this is for parking attendant upon introduction and increased volume due to the passenger ferry. Now, in relationship to the pre-existing parking, nobody has said today and nobody has included on the plan that was submitted and circulated, how many cars Cross Sound would like to place on that lot, the Snack Bar Lot. But, on the previously submitted plan last year, the number of cars that are shown on that lot are 235 with the option of Southold Town Planning Board Pa,qe Fifteen October 2, 2000 denser parking with assisted parking, with denser parking during peak times. Now, the evidence for pre-existing parking before zoning regulations went in, in 1957 I believe it was, we have - i have a copy here, one affidavit that says "From time to time we had occasion to park our vehicles and the vehicles of our employees east of the north/south extension of the present State Highway on the site of the present parking area now employed by patrons of Cross Sound Ferry". "From time to time we had occasions to park our vehicles." I understand that there's a photograph that shows seven or eight cars on that property. Now, I don't think any reasonable person would accept that occasional parking of seven or eight cars is pre-existing parking which justifies a commercial parking lot of more than two hundred cars. I mean that doesn't make sense. I don't see how anybody could accept that as a pre-existing situation. Excuse me for pausing because I'm trying to keep a lot of different aspects in my mind here. Mr. Orlowski: That's o.k. Ms. Wachber,qer: I think I've said the jist of what I wanted to say. ! might remember some other point I want to make and pop up, if ! may, some time later. I think that's kind of the summation of the Citizens for Safe Road's attitude about this. This action should, in no way, be unlisted. It is still a Type ! designation. Even by the non-subjective criteria, even by objective criteria under SEQRA legislation - the very fact that it's next to a public park and involves the transformation of forty percent of what they call the threshold of ten acres because it's a four acre proposition. The threshold is ten acres so if it's above two and one half percent of that ten acres that's being transformed, it's automatically a Type I designation. So, there's no way, in our view, that this can possibly be a Negative Declaration. There's no way, in our view, that the evidence presented for pre-existing parking validates this proposal. And thirdly, this is an incomplete application and any subsequent submissions by Cross Sound should equally come before the public as this has tonight. Thank you. Mr. Orlowski: Are there any other comments? Eric Bressler, Esq.: Members of the Board, I am the attorney for Southold Citizens fol' Safe Roads. I am here to speak on behalf of Southold Citizens for Safe Roads as to this purported conceptual site plan. I must say, in my review of the documentation, the word that leaped into my mind was chameleon. This whole application is chameleon-like. I think, in all fairness, kudos have to be given to my colleague, sitting across the way in the blue suit who engineered this. He's very good at this sort of thing. What we have here tonight is yet another chameleon-like appearance of this application before the Board. I don't know what this Board must be thinking when it looks at that conceptual site plan. Are you folks seeing the same thing that we're seeing? Are you thinking about the same thing that led you to say in July of '95 that the operation of the new ferry service and the resulting use of the Snack Bar Parcel as a parking lot for customers of the new service required a revised site plan approval and was a Type ! Action? is that Southold Town Planning Board Page Sixteen October 2, 2000 what you're looking at? It's got to be. That's what we see - nothing has changed except one thing. The ferry snookered you once and they're trying to do it again. We all know what happened as to that west side parcel. We all know the embarrassment of going in front of you with the Zoning Board of Appeals and how everybody felt when the high speed ferry came in virtually the next day and everybody looked at one another and said "Wow, I wonder how they were able to do that". And the answer was very simple: They piecemealed it, just like they're proposing to do here. It worked once and this Board properly said it's not going to work again, declared it Type ! and said we want a comprehensive site plan. They've come before you tonight saying "We've worked very hard to compromise". Well, this is some compromise, I must say. Let's see what the compromises are. Well, it's smaller in scope. Yes, that's a compromise. It's now an Unlisted Action. We don't have to go through the whole process. That's certainly one for their side. We don't have to tell you everything that we're going to do right now like you wanted us to. That's certainly one for their side. \Ne don't have to tell you exactly what we're going to do with the parcel - we'll tell you that a little bit later. There's one for their side. What kind of compromise is this? What are we doing - are we discontinuing litigation that was properly brought in the first instance? I quote the esteemed Francis J. Yakaboski, who's also with us tonight - a man of some erudition when it comes to Town matters - who stated that Cross Sound has apparently adopted the position that applications pending before the ZBA and the Planning Board only applied for proposed parking on the Trust Parcel - that these applications were simply filed as a normal business move and that SEQRA Review should focus solely on the parking lot. This defies reason, is contradictory to the record and is contrary to the definition of action subject to SEQRA Review. Although it pains me sometimes to admit it, he was right. And he's still right. This is merely part of a piecemeal application. Do you think these guys are done? I don't think so. Is this everything? Does it address the problems of parking and traffic without even a full SEQRA Review? I don't know what you people must be thinking. And what about the underpinning for this application? Pre- existing. There's pre-existing parking. Why is it pre-existing? Because they say so. They were supposed to address it in 1984. They didn't. They were supposed to address it in 1995. They didn't. And now they're back before you with the novel idea that this is pre- existing. What do they base this pre-existing - that seven or eight cars were parked there on occasion from time to time. How an official of the Town could opine that that constituted a pre-existing use, I don't know. I have never been so fortunate as to be able to advance an argument like that to the Boards of this Town and achieve a successful result. Perhaps those negative results are isolated in my applications, but i don't think so. In order to have a pre-existing use, the use must be of a character and nature similar to that which is being sought. Were there ever 230 cars parked there on a regular basis? I don't even think we need to think very long about that question. The answer is no. So, the underpinning of this whole application is rotten. And it fails. So, for this Board to rely on the fact that parking in the volume sought is and has been permitted, is simply wrong. Southold Town Planning Board Page Seventeen October 2, 2000_ Now, what should this Board do as a result of what it has before it, this so-called compromise? What it ought to do is declare it a Type ! Action and it ought to require tlhat what is going to be done be made clear to everybody, put into the light of day and let the public see what's being done and comment on it. What this Board should not do is adopt the discredited method that other Boards have used in the past in permitting this site to be developed piecemeal. I think further that this Board ought to adopt a reasoning of Mr. Yakaboski and deal with this as an integrated application. If this Board does not, under the mistaken notion that somehow this compromise is going to make the matter go away and come to an end, that would be faulty thinking. It will not come to an end as a result of exceeding to this type of situation. The Town fought long and hard in Court to vindicate its positions. It was successful - why it would abandon those victories and those protections that it fought so hard to get for its citizens, escapes me and I don't believe that this Board is going to accept this and give away everything that has been fought for so hard and won. Mr. Orlowski: Are there any other comments? Dick Erlich: Mr. Chairman, ! own the Seafood Barge Restaurant. First of all, i thank you for opening this hearing and soliciting community response. I'm here to speak in support of the Cross Sound Ferry. I'm trying to think how I would present my argument to the Board. I started thinking about the contribution and the role that the restaurant itself plays in this community. We employ between 25 and 40 people at any one time. I made a count before ! came over here tonight. Presently we have 24 dependent children residing in the homes of our employees. We collected and made over $100,000. in sales tax. We collected and made over $160,000. in payroll withholding taxes. Our employees earn in excess of $560,000. The vast majority of that revenue flows back into the community. Among the other activities that the restaurant does is we purchase about $70,000. worth of wine, the vast majority of which is Long Island wine and that revenue flows directly back into this community also. I happen to have a little bit of a grip on the role that Cross Sound Ferry has played in our business because we started advertising in their "Crossings" magazine which is distributed on the ferry and we coupon there. So at any given time i have a monitor on the kind of response rates that we generate from the people that have been on that ferry. Additionally, this winter we did a cross-marketing promotion with the Cross Sound Ferry that involved a mass mailing throughout this community with couponing also. I think that directly Cross Sound Ferry probably generates 1%-2% of the revenue of o,ur restaurant and, indirectly, in support of the tourist economy here and people having access to the North Fork and from my having been in the dining room and speaking with people who had no coupons and didn't know we were soliciting with Cross Sound, hearing that they had been on the ferry, I feel very confident to tell you that without their activities and similar activities in support of tourism on the North Fork, our restaurant would not be viable. So, I think I'm speaking for a certain segment of the community that views their activities and their expansion of the ferry positively. And i would further lik:e to say that, in the course of a year - perhaps many of you as well do - I've used Cross Southold Town Planning Board Pa~e Eighteen October 2, 200_0 Sound Ferry to Connecticut probably eight or ten times a year, with my family in the car or on foot on the high speed ferry. I find their service excellent, their facilities well maintained, the equipment clean and satisfactory and I think that they offer a really great introduction to the North Fork and to the people who arrive in our community from New England. I'm very proud to be associated with them and ~ think that they serve us in very good stead in this community. Mr. Orlowski: Any other comments? Re.qinald Miner: I live in Orient. ! didn't expect to be speaking here tonight. Actually, as most of the people in Orient know, I'm lucky to be here tonight. I've used the Cross Sound Ferry many, many times and really enjoyed it. I have nothing against the ferry.. The only thing I do have a gripe about is the fact that my wife and I were almost killed on August 4th in an automobile accident because we could not make a left-hand turn. The ferry traffic lasted at least three, four minutes - ~ have no idea but we couldn't make a left and, because we couldn't make a left, a car rammed us in the rear and we were almost killed. Somehow or another the ferry traffic - and it is ferry traffic - has to be controlled and one way of controlling it is to regulate the amount of cars that come off the ferry. Now, if the ferry is going to hold up cars at their parking lot, then they can't use it for other things. So, maybe something should be taken into account - an area up there where they can hold cars so they can regulate the amount of cars at one time coming down the one road that everybody in East Marion and Greenport and Orient have to travel in order to get to and from their homes. It's not a big thing. ! mean, a traffic light or somebody standing there with their arms up letting ten cars at a time go would be one simple way of taking care of it. It's not a big deal but it should be addressed and that will require some area up there that the ferry has to set aside. That's one thing that i just feel that should be taken into account. Thank you. Mr. Orlowski: Thank you. Bob VanBour,qondien: Good evening, i'm here tonight representing Farm Bureau. Joe couldn't make it tonight, Ben. The Long Island Farm Bureau, with over 5,700 members serving the agricultural community on Long Island's East End and the North Fork, supports Cross Sound Ferry in its efforts to obtain site plan approval before the Planning Board. Cross Sound Ferry has played a vital role in supporting the agricultural community on the East End by continually providing reliable, year-round service to farmers seeking to deliver their products to New England markets. At the beginning o,f the Twentieth Century, ferry service between Orient Point and New London began, in part, out of the needs of potato farmers attempting to sell their famous home-grown products to New England buyers. Today, many farmers and nurserymen, including many here in Southold, still rely on the Cross Sound Ferry for this very same reason. In fact, according to New York State Agricultural Statistics Service, approximately 85% of the seed potatoes used on Long Island potato farms arrive via Cross Sound Ferry from New England. The transportation linkage and accessibility that Cross Sound Ferry provides between Orient Point and New England supports the agricultural industry of Southold Town Planning Board Page Nineteen October 2, 2000 this Town and helps preserve the way of life on the East and will lead to the continued prosperity of the East End agricultural community. The Long Island Farm Bureau urges you to support Cross Sound Ferry in its efforts to improve service between Orient Point and New England. On a personal note, I would also like to say Cross Sound has been very, very important and instrumental to me in my business and also my fellow greenhouse people. We ship an enormous amount of products across to New England markets. We cannot compete as well in the Southern markets but New England is wide-open to us and if the Town - as the saying goes "You don't know what you got 'til it's gone". When the nursery people and the greenhouse people on the East End of Long island are gone, you have lost all of Long Island. Thank you. Freddie Wachsber,qer, Southold Citizens for Safe Roads: Testimonials are fine and many of us use the ferry regularly to go to Connecticut on tourism or whatever. This issue tonight is not about whether there should be a ferry or shouldn't be. It's a question of due process in State Law and local zoning and all of those issues. It's a question of how to control your own site and have controlled traffic on your roads and it's a long- overdue process. Nobody's saying there shouldn't be a ferry. That's not the issue here. The issue is the amount of parking, how to control the parking, how to control the expansion. How much expansion is a good thing could be an issue but it's another issue. It's not tonight's issue. As far as which businesses are served by the ferry, I think until Southold Town has a responsible marketing survey -which I think it should do in general, ferry issue or no ferry issue - to talk about what businesses it anticipates needing over the next five years or ten years, what businesses will survive and which won't, including what businesses get what kind of benefits from the ferry and which businesses are impacted negatively by the ferry, how much of somebody's business is the 1 or 2% that they get from the ferry and how much is the 98% that they get from us local residents who live here all year. So, while testimonials are fine, ! really think that the attention should be paid to due process, to zoning, to SEQRA, to State Legislation and how we can resolve this issue as we had started to do, as you had started very effectively to do three years ago. The question is, how do we get back there and continue with that process? Mr. Orlowski: Are there any other comments? Ronnie Wacker, Cutcho,que: This doesn't immediately effect me, but I can see that people that I know who live on the roads in Orient cannot cross the street because of the traffic that comes from the ferries. There are what - a million people a year coming from the ferry each year?. This is just ridiculous to impose this upon a small town. We've worked with this now for how many years and I think it's just a matter of law. Do they submit to the SEQRA Review as every other project that comes in here does or does it not? We usually come here in droves like this, a good meeting tonight, to complain about something that the Planning Board has done or hasn't done. And tonight we're Southold Town Planning Board page Twenty October 2, 2000 here to encourage you to stick to your guns. You said they need to produce or submit an Environmental Review and so be it. They should, it's law. That's all. Thanks. Mr. Orlowski: The traffic study is part of the Environmental Review and it will part of that. Our consultant will review it. Ann Hopkins, Orient, President of the Orient Association: The Orient Association actually spawned Southold Citizens for Safe Roads when it became clear that the ferry issue, which was what the Orient Association was founded on back in 1984, the ferry traffic issue was so clearly one for all of Southold. I will simply for the record say that I and the Orient Association Board fully support everything that Howard and Eric and Freddie have so aptly said but, I do want to say that the ferry was a very important factor in my settling in Orient because I grew up in the Boston area. i went there frequently when some of my family were still there. None of us wants to see the ferry stop. i also think, though, that the people who are giving these testimonials - we should mention that it is not the high speed ferry that is carrying the farmers goods or even, I think, the people to the Seafood Barge. I think by and large the people on the high speed ferry - we call it the gamblers' ferry because it's met by busses that take them to gamble and then they come back and go home and they roar through here and maybe they don't even have enough money left to go to the Seafood Barge. There's one element that i just want to mention that I think hasn't come up so far this evening which is the question of pollution at the parking lot site, at the whole Cross Sound Ferry Site, of all kinds including noise pollution, light pollution - I noticed that Cross Sound's report stresses that these lights will be Iow level and will be turned off at night, perhaps anticipating that we don't need any more lights out there. The people who live at the Point can talk to that aspect. There has been a lot of talk about the trouble with road run-off and parking lots are among the least acceptable form of activity in the place as fragile and sensitive as the Orient Point area. ! would just like to support the fact that we need a real full, comprehensive, non-segmented SEQRA Review for this entire area. Mr. Orlowski: Any other comments? Merlon Wi.q.qin: I live on the Main Road in East Marion. All this traffic goes by my house and I think I'm probably impacted as much as anybody about the traffic that goes by through East Marion. One thing that I think everybody skirts around is why this traffic occurs. I don't think it's Cross Sound's doing. I think it's the demand. I want to read to you from a copy of the "Certificate of Public Convenience and Necessity". It says "It is ordered, that said carrier and is hereby granted this Certificate of Public Convenience. It is further ordered and made a condition of this certificate that the holder thereof shall render reasonably continuous and adequate service to the public in pursuance of the authority herein granted and that failureto do so should constitute sufficient grounds for suspension, change or revocation of the certificate". $outhold Town Planning Board Page Twenty-one October 2, 2000 Now, if they do not meet the demand, what happens to the certificate? Does a Federal authority come in and take over- do we want that? ! think we're missing the whole point of this - if we didn't have the demand, we wouldn't need the additional parking. How do we reduce the demand? Maybe you could outlaw Foxwoods so it would be illegal to go to Foxwoods. That would help a lot. Maybe the wineries should not be visited from Connecticut. ! thought of another thing that would help my traffic. We had a person here who was advocating boat traffic.., boat traffic instead of by car, that would help a lot too. if all of these Orient residents would agree to only one round trip a week past my house, ! would agree to going by their house one round trip a week. Now, how can we reduce the demand? I think we missed one great big point here. As I understand from asking, there's about 350,000 round trip vehicles that go to Orient Point on the ferry each year. I also understand that about 30% of those either originate or go to the Southside. There's been a lot of talk and discussion about why not have a direct link from New London to the South Side. That could reduce potentially 100,000 vehicles that would not be going by my house. Yet, I don't see anybody proposing that. don't see the Planning Board proposing that. I don't see the Safe Roads people proposing that. Why not? isn't that one realistic way to reduce the demand for parking and also reduce the traffic? It seems like the demand is what's driving this and you're not addressing what's causing the demand. Thank you. Freddie Wachsber,qer: Probably everybody knows that - Mr. Orlowski: Freddie, this is not going to be a debate. Can you hold, maybe, until everybody is done and then you can make a comment because you could stand up after every person and we could be here for a while. Someone else? Dorothy Burks: ! live in Orient. You're not ready to make a decision on this from the way things sound. This gentleman - I didn't hear very well everything he said, but he threw out some alleviated measures such as widening Route 25 and creating satellite bus stations. It's very interesting, particularly since there's the question of another reservation and another gambling casino near Stonington. ! think that these things should not be just thrown out as potential magic thinking but they should actually haw9 a plan that might make the Cross Sound Ferry more attractive to the people who live here. Right now I don't know what will happen if they have 300 parking spaces - what happens when they have 325 cars? It's not a question of the cars who want to come over from Connecticut to the Seafood Barge because they'll park in front of the Barge. It's not a question of the people who go over by truck with reservation and don't park on this side. It's a question of gambling traffic that we haven't resolved and until all of these plans are resolved, ! don't think you should move any further. Thank you. Dr. John Rogers: I live on the Main Road in East Marion. My new neighbor, Mr. Wiggin, aptly described the condition of that Main Road. The thing that I heard this evening, Southold Town Planning Board Page Twenty-two October 2, 2000 early on, the idea of using satellite parking in even as far as New Suffolk - hardly New Suffolk - but as far west as certainly Southold and other towns where there might be large areas suitable for parking and not create a problem and then bussing the people to the ferry would alleviate a lot of the traffic in the summertime certainly when we have so many cars going exclusively to the casinos. I think the casinos might well like to help support this kind of thing financially as well. That solution that the attorney for Cross Sound suggested seems like a very good one, that's one that we had thought about ourselves. The little bit of land left on this tip end of the North Fork that is slowly being defiled and turned into parking reminds me of the song that was popular a few years ago - "They paved Paradise and made it a parking lot". I don't think we should let that happen. There are better ways and certainly satellite parking seems like a good one and also, of course, having other ferries from other points on the South Shore or what have you. Thank you. Mr. Orlowski: Anyone else? David Cichanowicz, Southold Business Alliance: I am a resident of Southold. i represent most of the business people in Southold Town. We wholeheartedly support Cross Sound Ferry as we feel they are a very well organized, first class operation. Everything that they've done until now is exactly what I would hope for in my town. You've asked them as a Planning Board for certain requirements and, ! believe, they've met all of those requirements and now it's up to you really to make your final decision. Again, I support them and most of the business community does as well. Thank you. Mr. Orlowski: Would anyone else like to make a comment? Rich Milli,qan: i'm from Orient. I'd like to say that Cross Sound Ferry is in the business; of making money. Cross Sound Ferry is in the business of making a profit. Cross Sound Ferry is a company that is based in Connecticut in inter-state commerce and that company has a responsibility to this community. They know how many ferries they operate per day. They know how many passengers they carry on their ferries, whether it be on the car boat or on the passenger. They know how many cars and trucks they support on their ferries. They know exactly when that parking lot is going to be full. They take advance reservations. They know when people call. They have a call center. They have a very good idea, I'm sure, of how many passengers, how many cars, how many trucks, what specific needs they need at that lot or lots at the east end of Orient Point. My point is that they have a responsibility to this community and I think that the ladies and gentlemen on the Planning Board have a responsibility also to this community since you're here to require that they hold up their end of the deal, to make sure they're honest, to make sure their intentions are honorable and have them ante up and go through the full review. Thank you. Claire Dowlin,q: Hello, i'm from East Marion. Those of us who live between Greenport and the ferry can speak directly as to the issues that we face. I fully support our previous speaker. I would like to say that ! went to The Barge and had dinner this Southold Town Planning Board PaRe Twenty-three October 2, 2000 summer from East Marion. ! drove from East Marion to The Barge. ! am not in any way negating the need for the ferry to transport business products and tourists, per say. What I object to is walking out my door on Shipyard Lane, going up to the Main Road and taking my life in my hands to try to cross that road. I would like to suggest to any of you on a weekend - those of you who don't live within ten miles of the ferry - to come on up and try to ride your bike on the Southold Town sponsored bike paths. I have a rear view mirror on my bicycle and I'm looking there all the time. There are many times when that bike path will have cars in it headed right at me. Those cars are going anywhere from 50 to 55 miles an hour and they are rushing to get to the ferry. This is a quality of life issue. I am not negating business and the need for business here in Southold Town to support the people that live in Southold. I am not negating that at all. I agree with that 100%. I am also talking about a quality of life. ! would say that when I go out my door and go up to the Main Road, try to make a left-hand turn - and this is not just in the summertime - this will be when 200 cars will come off the ferry in January at 9:00 or whatever. (Tape change.) I'm just the local person who lives here and I live within ten miles of the ferry so ! can speak from first-hand experience. I love Southold Town. I love the quality of life here but I see this Main Road is becoming the expressway where more than infrequently you'll find 55 mile an hour speed limits on that road and it is quite dangerous. There will be more accidents. There have been and there will be more. Car accidents and bikers and even walkers. ! have been afraid for' my life, getting across that road. So, I would just like to speak for the people who live in this area. ! think it would impact all of Southold Town, not just those of us ten miles from the ferry. So, I agree with the previous speaker and those speakers who say "Let's get a hold on this before this is another thruway". Thank you. Mr. Orlowski: Thank you. James Douglass: I'm from Orient and I've lived here 53 years this year. I was born and bred here. We started with the ferry company in 1948 taking produce from here to New England. Back then they had LSMs. They only carried 24 vehicles. And, yes, back then we had 7 cars or more sitting in parking areas around the facility. As long as I've been an Orient resident, I have a harder time in the summer coming down Village Lane than I do getting onto the Main Road. Now as far as the parking area, I think the beautification of that area, cleaning it up and putting in a decent parking lot there where the cars can get off the road and not be parked up along the main highway along the Department of Agriculture, will be of benefit to everybody. And that would stop some of the accidents that we're having. Maybe they can modify the flow of traffic off the boats but, like I say, ! have a harder time going down Village Lane. Thank you. Janet Douglass: I've lived in Orient for the past 23 years and my family, as you've just heard, has lived here for decades before that. I'm one of the few people here who've had the pleasure of experiencing both sides of the ferry's saga. I'm a resident of this community and a previous employee. As residents, my family has relied on the ferry fOr transportation between New England and Orient, whether it was a trip to Mystic or the Big E or simply to visit my relatives. Cross Sound has always been there for me. Their Southold Town Planning Board Page Twenty-four October 2, 2000 ferry became a greater part of my life when it came time to go to college. I was undecided about a major but was fortunate enough to receive a partial grant from the University of Rhode Island ~ a school that offered a wide range of studies for students like myself who are undeclared. From previous experience with my older sister who attended the University of Delaware, my parents were leery of me going south to school. This is shared by anyone who has the unfortunate luck of being stuck on the L.I.E. on a holiday weekend. After visiting U.RI., ! fell in love with the college and applied for early admissions. Cross Sound made it feasible and realistic for me to attend the college of my choice. When it came time to find summer employment to help me pay for school, Cross Sound was there for me once again. They gave me the opportunity to not only work summers but also to earn a little money during the holidays when I came home to visit my family. I enjoyed working with my fellow employees and the experience of dealing with the public on a daily basis. After graduation, I returned back to Orient and continued my job search. Cross Sound was extremely flexible. They helped me arrange my work schedule around job interviews and still gave me the hours I needed to pay my bills. Then the time came - an employer's worst nightmare - to have one of their employees leave just days before Labor Day Weekend and all of us know it's one of the busiest weekends of the businesses in the community but the ferry did not complain. Instead they gave me a glowing recommendation and wished me the best of luck. Although my use of the ferry has now decreased, it has increased for the rest of my family. My younger sister uses their services to travel back and forth to college. She now attends Roger Williams University in Bristol, Rhode Island and returns on holidays to work and spend time with the family. My relatives also use the ferry service to visit rny grandfather who is in Greenport and does not have the physical ability to visit them. And when my grandmother died this past summer, Cross Sound Ferry enabled my uncle to be here within hours of her passing because of the fast ferry. Cross Sound has been a vital aspect of my life and of the community's as well. It provided employment opportunities, transportation service and gave back to the community in other ways as well. For example, they take out advertisements in the high school year book to help finance its production and raise money with its fireworks cruise for local charities. Cross Sound was a good neighbor to my family and the community, and has been so for years and, hopefully, many more to come. I am in support of the ferry's efforts to further improve its services which entails getting the Planning Board's approval of the Cross Sound site plan. Thank you. Robert Jenkins, Greenport/Southold Chamber of Commerce: "Dear Mr. Chairman and Planning Board Members: We, the Greenport/Southold Chamber of Commerce, serving over 200 members of the business community, urge the Planning Board to come to an agreement with the site plan application for Cross Sound Ferry. Cross Sound Ferry has been a member of this community for decades. They provide reliable, safe and efficient transportation between Southold and New England which benefits all our residents, our businesses and visitors. They employ Southold residents; they pay taxes and they Southold Town Planning Board Page Twenty-five October 2, 2000 patronize our local vendors. Their work on behalf of numerous charitable organizations in Southold Town is well documented and should be commended. Cross Sound Ferry and the future of ferry services between Southold Town and New England is important to all residents and members of this business community. We urge the Planning Board to resolve Cross Sound Ferry's site plan application. Sincerely, Greenport/Southold Chamber of Commerce Board of Directors." I'd like to give you a copy. Jackie Ro,qers: I've lived on the Main Road in East Marion for thirty some years and I've watched the development of the area and Cross Sound Ferry and ! like Cross Sound Ferry very, very much, I think these wonderful statements that these people are making about using it for their personal use and for their trucking and for their business is wonderful. We welcome that and we've enjoyed it ourselves. That isn't the issue, though, I don't think from what I see here tonight. Watching the traffic when we try to get out of our driveway - it isn't just traffic that's coming from the ferries that's of concern; it's the ones that are going to the ferries and that's often faster than the ones that are coming from. At twenty of the hour, every hour, we have to wait fifteen minutes before we can get out of our driveway because they are going to the ferry and I do think that that's worth considering because, in fact, the whole question revolves around the quality of life here - we treasure this precious area. This is so special, it's so magic - that if we get a superhighway going out to the end - if we have traffic of people just rushing out and rushing back, if we spoil all that we hold so dear because we want to accommodate this other traffic that can go somewhere else, come out of some other area, be dealt with in some other reasonable way, then we can preserve this wonderful, magic area that we ali love so much and I urge you, please to consider that quality. Thank you. Barbara Summers, Executive Director, North Fork Women's Resource Center: I just would like to make an observation. You people sitting up there really need the "Wisdom of Solomon" for this. I've been watching this for years and both sides have a very interesting perception of this problem. You people are the Founding Fathers and the Founding Women of the next millineum. I wouldn't want to be in your shoes. ! can speak to the integrity of the ferry because they've helped the North Fork Women's Resource; Center on many occasions when some others wouldn't and there are programs that run in our schools because of these people. On the other hand, i also agree that the people of the community are important and we need to have the wisdom to protect the people and our quality of life and you also need to have the wisdom to assist this wonderful company and there is a growing demand and we have to face that and it's going to be here. What I ask is that you have the wisdom to look at the problem, to see what's coming and make the best solution for all involved, if you can do that, then maybe everyone can go home happy. Thank you. Mr. Orlowski: Thank you. Would anyone else like to make a comment? Bob Gordon: Good evening. I'm a 40 year resident of Orient. I have a very simple thing to suggest to you. The key part of the problem that you're facing comes after the parking. It's what happens on the road. It's the traffic to the ferry and the traffic from the Southold Town Planning Board Page Twenty-six October 2, 2000 ferry that's both the problem and a physical danger to the residents of your community. So, ! think that any solution that's suggested by the Cross Sound Ferry, and that's accepted by you, has got to deal in detail with how you're going to deal with this traffic. The traffic has been super heavy for the last few years so it doesn't require additional parking to indicate that there's going to be a problem. There is a problem. Past history indicates it. The accident last August is proof of it and I don't think there's any fault to be laid at the ferry's door because the ferry is an essential part of our community and we all use it and we all depend on it. But, i do hope that when this particular process continues, the ferry will take a more active part in helping you to determine how to deal with that traffic, whether it's satellite stations or traffic lights on the way, or whatever. Something's got to be done about that and I think together you can do it and we all hope that you will. Thank you very much. Ann Taylor-Davis: Hi, there. I've lived in Orient for the last 15 years and, before that, in Nassau Point, which doesn't exactly make me a Founder but somebody who has appreciated this land and appreciated the beauty that is here. ~ simply would like to urge you, respectfully, to please consider for fact of public scrutiny and that this plan, at least in my understanding of the issues, needs to be open to public scrutiny. I also urge you to consider the fact with a vision - what is this land going to look like in 2050 and 21007 That is really a great, great responsibility on all of our shoulders and the ferry is part of it and also our vision of what it is to be. ! simply ask you for your consideration of these points. Thank you so very much. Mr. Orlowski: Would anyone else like to make a comment? Naomi Solo: I'm not a resident of your Town but rather a weekly visitor of your Town and I just wanted to send you my compliments as a Planning Board. The village I live in is Port Jefferson. When ! moved there 40 years ago, we had a ferry that accommodated about 45 cars. We now have 3 ferries that accommodate about 300 cars and our Planning Board went through a lot of grief in trying to come to a compromise. We had a neighbor, the Port Jeff Ferry, that was fairly good; you have a neighbor, the Cross Sound, that is amazing. I've dealt with them professionally; I've asked them for services, even as far as Port Jefferson - they've been wonderful. I think you have a difficult task but I think I, and many of my friends - some of them are here tonight - who really love the East End and respect the quiet, also love the service of the Cross Sound Ferry and hope you'll come to something that will satisfy both parties. Thank you. Mr. Orlowski: Would anyone else like to make a comment? Bob Wacker: I live in Nassau Point and I've done a fair amount of gambling in my lifetime. The one thing I've learned about casinos is that if they want gamblers' money, they will provide the transportation. If we're considering here enlarging the parking lot, we might suggest an alternative to make the lot smaller, limit the parking as much as possible, put a satellite on the Laurel line and the casinos will happily run buses back Southold Town Planning Board Page Twenty-seven October 2, 2000 and forth and they'll be no parking problem and with more people in each vehicle, you should have considerably less traffic. Thanks. Mr. Orlowski: Would anyone else like to make a comment? Bob Scott.: I'm a gambleraholic. I'm also a Cross Sound Ferryaholic. Over the many years I've used it for a lot of walk-ons, whether it to be picked up by my son and I park out there as well. Cross Sound Ferry, their integrity is, I don't think, the issue here as far as their service goes. ! know we have a problem with the cars that go from Greenport to the ferry and 350,000, I think, was the number mentioned. A satellite was also mentioned. I've always had the idea that the Southold Town, the casinos that are involved, and with the help of the people in the North Fork East End - be it East Marion, Orient, etc. - get together, not to fight the ferry but to help the ferry survive and to help the ferry survive, you can do that by taking 350,000 cars and turn around and give it 70,000 buses, which is a heck of a lot less traffic there. If you don't sell a walk-on ticket at the ferry, you have to pick it up at the place where you park. That bus will take you to the ferry. Taking the bus to the ferry - I don't know how many people park their car on a rainy night and have to wait for the ferry in line while it's raining or snowing but if the bus took you out there, you'd be the first one on and you wouldn't have to wait in that rain. i don't live out there, but ~ do understand the people out there are very, very traffic- oriented. It's only going to get worse, but talk to Cross Sound Ferry as opposed to saying "Don't have any. You can't have parking there. We don't want it there". You should be talking to your Town Board and saying "Look, let's have an alternative site so they can continue doing what they're doing and you can continue to have the quality of life that you're asking for". That way you get a win, win situation. Cross Sound Ferry gets to do business and make money as they should because they're business people and you get to have less traffic going down there and maintain the quality of life that you have on your main road. And it makes sense to me. As it stands now, if I lived in East Marion, I would not go on that road from twenty 'til the top of the hour. ! would know that between the top of the hour and twenty after I've got clear license to that road. You'vE; got to bend with it. I didn't come into this Town and say "God bless it, i'm going to tell you what I'm going to do". ! told them - I asked my Town and said "Look, how do i do this so that ! don't step on your toes and I can do my business?" Basically, that's all I have to say. Thank you. Jim Dinizio: I'm from Greenport and I live on a road that comes out on 25 from the confluence of 48, a fairly dangerous intersection. I can say honestly that that road has been dangerous for years. I used to ride my bicycle down, get on the ferry and go over to the park in New London. it's always been dangerous, it's a narrow road. The shoulders are a little better now than they were back then but still cars sped on that road. It wasn't just ferry traffic. It was guys from Orient and East Marion and anybody else who cared to drive down there through the farm lots. I think we're here basically because we're looking for parking. These people are looking for parking. You are holding a hearing to hear what the townspeople think about this Southoid Town Planning Board Page Twenty-eight October 2, 2000_ parking. The traffic on the road, although it's certainly generated by the ferry, it can't be a responsibility of the ferry. They are a business and like any business, such as my business, if I have a lot of people calling me, I'm going to hire more people. I'm going to get the work done. This is what the ferry is doing. It's their responsibility. They're not going to leave cars out in the parking tot at the end of the night. They've addressed that problem. What did they do? They expanded their service. That's a natural progression for a business. It's how a business survives. Now they've offered a solution. That solution is to put a parking lot in there so the cars come off the road and they go into that parking lot. And guess what - if that's not big enough, I support going onto the other piece of property. You know why? Because they're not on Town property. They're in the proper place - parked properly. All that traffic on that piece of property will be a certain flow. The traffic will be able to be controlled. Naturally, you have to have lighting. At night people can't see. You have to have lights in the parking lot and I think they've addressed that and I think that considering a Negative Declaration on this particular application is the proper course and I think that you think the same thing. Now, I'm all for them. ! don't use the ferry all that often, but [ have to wait for that traffic, i wait every day, believe me, and sometimes it's frustrating if I don't remember the times. But, ! wait and, yes, ! have seen some very horrendous things and, yes, I would like to see a little bit more police protection down there. If they're doing 55 in a 45 - hey, ! want to see some tickets given out there but that's not your problem; that's not the ferry's problem. That's Southold Town's problem and if you hear people here, they're complaining about speeding. The speeding is not the destination, it's the actual amount of speed that's going on in that car that has to be regulated and they don't do that. Southold Town does that in Southold Town with their Police Department and I believe that if you give out 100 tickets a day there, then you give out 100 tickets a day. That's the way it goes and, unfortunately, they may grumble about it, but you'll slow that traffic down. If you don't, we'll keep giving out tickets and that's the proper way of doing things. Let these people do what they need to do, which is get those cars off that road. They need to be taken off that road. It's helter skelter down there. ~ saw a picture in the paper the other day, those people have to be a good quarter of a mile away from the ferry where they were parking. To have this go for five years when you know what the problem is, all I see now is using SEQRA to hide your head in the sand. You've done it before in this Town. You've given the people the right to expand their parking for, certainly, safety benefits and that's what the Town will gain from this, the safety aspect so that we can control the traffic and that's what we need. So, ! urge you to follow along the course of the Negative Declaration and approve this application. Thank you. Bill Fagen: ! live in Orient Point. We're out here not quite two years and the two years that we're here we had to drive the car off the road because people were crossing the double line and they were the people coming off the ferry, not the people who live here - people from off the ferry. Now if somebody's in that lane with the blue sign path where people jog or bicycle people, they're going to get wiped out. You see it on and on again, especially going east, you see these guys come out, cross the double line and you Southold Town Planning Board .Page Twenty-nine October 2, 2000 wonder if they're going to get back in. You wait and you can only wait so long and you've got to get off the road. Four times, right by us, on our side. That's my problem with this whole situation. Thank you. Mr. Oriowski: Any other comments? Bob Hicks: ! live in Orient Point and I've been here about 16 years and we did move out here for the quality of life, and when we came out here, there was a car ferry. So be it. We were contending with that. We think it's fine. However, mysteriously, a high speed ferry appears. I've been in business for years and ! have never seen a situation where you can come in and drastically change the scope of your business without any prior input. All of a sudden we're faced with no ability to park, no control of our roads and now we're asking for a site plan and a SEQRA. What's wrong with that? Why don't we proceed in that fashion. It's a law. It's a law most everywhere. I'm not sure that Southold is any different. If you change the scope of your business drastically, you're required to put in planning. You're required to advise everyone what to expect. I didn't expect this. ~ don't want it. I want it controlled. Alright, let's get a SEQRA. Let's go through the planning process. Why is this omitted? And that is really my point. I give Cross Sound Ferry as much credit as anyone else, but I don't give them credit for bringing in another part of an operation without proper planning. I object to that and I'm here to voice that. Thank you. Mr. Orlowski: Would anyone else like to make a comment? John Cadwallader, Manager, Cross Sound Ferry: Good evening. I'm a resident of East Marion and, for those of you who don't know me, i'm also the manager of the Orient Point Terminal for Cross Sound Ferry. I've been a long-time resident of East Marion as well as Orient and i've been raising my family here for quite a number of years. I wasn't planning on speaking tonight but I've heard a number of misconceptions put forth and I want to clarify a few things. I realize that traffic on the roads is certainly an issue for all of us here in Southold Town and it sounds like something that really needs to be continued to be addressed. Before us tonight, though, is a matter of parking and we're talking about a parking lot improvement. I don't think there's anyone here that knows better the parking situation in Orient Point than I do. i've been the manager of this facility for 17 years come this February and I would like to just let you know a little bit about the parking situation in Orient. Our first parking "crisis" occurred many, many, many years ago with an enormous influx of people bringing their children to the ferry in the summer to go to camp, Boy Scout Camp in Rhode Island. That is still going on today, in summer that is, and that really created an overflow of parking in our facility. At that time we were, in fact, using the piece of property known as the "Snack Bar Lot" but that was not enough to accommodate all of the individual families bringing their children off where they would rendezvous with their respective Boy Scout Troops and then go over on the ferry and on to Rhode Island in buses to camp. In that time, the piece of property known as the "Trust Parcel" became available and so the company thought it would be wise to acquire that property in preparation for the future. Meanwhile, on the Southold Town PlanninR Board PaRe Thid. y October 2, 2000_ western side of the ferry operation, the west lot shown there, that was a piece of property owned by Mr. Henry Blauvelt and, ! know again from first hand conversations with Mr. Blauvelt, it was the only existing piece of property in that Marine Zone still available and it was between Cross Sound Ferry's terminal and the Plum Island facility and I had talked to Mr. Blauvelt on behalf of the ferry a number of times over the years to see if they were interested in selling that property to the ferry company. Eventually, Mr. Blauvelt passed away and the property was left to his family in trust and eventually they decided that they would sell to Cross Sound. And, at that time, we decided that we would like to make it a parking lot and went before the Town and did so. Meanwhile, a casino was built in Connecticut and that casino did, in fact, generate more traffic to the East End. Many people from Southold Town, in fact, frequent that casino,. They don't have to be gambling addicts to go; they can be responsible people going out for a nice time, people of all ages. Unfortunately, in order to meet the demand of the increased ridership, an opportunity presented itself where we could provide a high speed passenger service. That service came on line to meet an already existing demand and it just happened to coincide with the finalization of that western parking Iot. That led a lot of people in this Town to feel like they had been "snookered" but the reality is that I personally wanted to see that as a parking lot long before I ever knew there was going to be a casino built in Connecticut. The other misconception that is bandied about is that our parking lot is not just for people going to the casino nor is the high speed ferry just for people going to the casino. There was a very interesting piece in Newsday not long ago about Justice Louisa Evans using the high speed ferry in order to conduct business in Southold Town on occasions. Many college students take that ferry and make connections to the train in New London and go north and south from there. Many families use that ferry and are met by people on the other side. Many grandparents love to go visit their grandchildren because it cuts their travel time - they can make a day trip of it. So, I realize that some people don't like casinos. I'm not a gambler myself but the fact is that the parking lot is for all of our patrons. On any given holiday weekend, we can have as many as 150 or more cars in that lot overnight that have nothing to do with casinos. Those cars are people who park to go to other places. There are people who leave their cars there for great periods of time because it's convenient for them when they return to Long Island, to jump into their car and go to their homes from there. So, I'd like to clear some of those things up. Like I said, I feel that parking is an issue and I'd like to see it addressed. Right now, what we're trying to do is get an approval in compliance with Southold Town for using the "Snack Bar Parcel" for which, again, we've been using ever since I've been here and try to improve our facility in general. Thank you. Mr. Orlowski: Thank you. Any other comments? Charles Murrin: I'm a resident of Orient Point and a very close neighbor to the ferry, as it turns out. There's a little misconception too here. I don't hear anybody saying that we're Southold Town Planning Board Page Thirty-one October 2, 2000 talking about improving our - getting site plan approval for a parking lot. And people are talking like this is going to solve some problems. It's a fact that that lot has had 250 cars on it for the last 5 years without a site plan so, whether this thing is approved, it's all nothing essentially. The only thing that happens is that you'll still have the cars up on Main Road and you'll have an approved lot but no solution for any parking whatsoever. The other point I'd like to make is that we seem to be getting into "black hats" and "white hats" and, speaking for Southold Citizens for Safe Roads, we call the ferry "black hats" and we use the ferry to park there as much as anyone. Our argument is with the gambler's ferry. The parking and everything else is being utilized as if it's been an absolute facility for five or six years and absolutely nothing has been done about it by the Town. Thank you. Ronnie Wacker: Unless ~ am mistaken, ! don't believe that the Planning Board is being asked to decide whether the parking lot can be enlarged or not. ! think the Planning Board is being asked to conduct the legal method of determining a project and that is to have a SEQRA Review and that is all. This is normally done, so ! think that we're getting off on the wrong track here. We're not asking you to say it's a good idea to have an enlarged parking lot; we're not asking you to say we shouldn't have an enlarged parking lot. We're just asking you to obey the law and ask for an Environmental Review. Thank you. Mr. Orlowski: Would anyone else like to make a comment? (Simultaneous Discussion) Freddie Wachsber.qer: t would encourage everybody here to support having alternate ferry sites, not only in Montauk but also in Shoreham or somewhere comparable. And, in order to do that, we've asked the Town to do that and I, myself, have sat in Pat Acampora's Office and Michael Caracciolo's Office and Ken LaValle's Office. I recommend to everybody to write letters to those Legislators and encourage them to support alternate sites because a lot of the roadblocks are there. It's got to come sometime. It should come soon, rather than later, before the Orient Point site is totally destroyed. And so, it's not that nobody's been doing anything about that but we need a lot more effort in that direction. ] just want to say, ~ wanted to mention one thing - the initial speaker mentioned about working with the DOT to change the conformation at the end of Route 25. I was looking back at some of the responses from County and State to your initial scoping sessions and one of the concerns that came from Parks and Recreation was to not limit public access to the beach there, which the end of that road had parking there that was supposed to provide in a very concern that what they're talking about will, in effect, cut off the right of the ordinary public to have access to the beach there. My last word is just, you know, we've found that the introduction of the passenger ferry five years ago required - was a Type I Action and required a Positive Declaration and a SEQRA Review and still does. Southold Town Planning Board .Page Thirty-two October 2, 2000 Richard Warren on behalf of Cross Sound Ferry: I'm not a lawyer. Someone referred to me as a lawyer. I'm a planning consultant. We're not here in some disingenuous mode that some people here have tried to say we are. We're not chameleons. We're not with an application that's going to morph. We've been working with you for months trying to resolve this on a weekly basis - meetings, submissions, questions - back and forth. This isn't something that's been just thrown at the wall to see if it can stick. Some people here seem to think it may have been. This is something that's been tong thought out by the applicant and there have been compromises. The application that you had before you - the first application - included another piece, of property where there was an expansion of parking. This is now the regularization of the existing area. The applicant has pulled back on the other piece of property. It's a different application. There's nothing going to be surprising in terms of the SEQRA process. It's going to be done publicly. It's going to be done openly by you. I don't expect anything less. I don't think the applicant expects anything less and I don't think it's fair for people to try to castigate the applicant by saying there's a shell game going on here because there's not. Whether the Board classified it as an "Unlisted" or "Type I" Action, the distinction is this: with an Unlisted Action you're allowed to submit a Short Form Environmental Assessment Form. it's one page and has got some fill-in-the-blank things. We didn't give you that. We gave you a Long Form EAF, consistent with a Type ! because we knew there would be questions. We're not trying to hide anything. We know you're going to go through the process that's necessary to review this. We hope you lead to a Negative Declaration. We think that when you look at all the information that's available, when you look at the project site, the scope of the work that's proposed here, we hope you'll lead to that. There have been a lot of speakers who have spoken here tonight. There has been a lot of interesting information that's been presented - a lot of positive information that's been presented. I just want to let you know that this application that has been filed on behalf of Cross Sound was not done as a chameleon-like action or something that's going to morph over time. If it morphs, it's going to morph with the Planning Board and the public review. And that's the way it's going to be because that's the process. There's nothing that can be hidden in this process. It's a site plan review. We're here and we're ready' to deal with it. We've been ready to deal with it for some time. Valerie Scopaz, Town Planner: I would just like to take a moment to state some facts for the record. I think Mr. Warren mentioned some of them and I just think, because it's been a very long drawn out process, I just want to address some misconceptions just so that we're all on the same page and that we don't start reading things into what's not factual and correct. First, I want to mention that there's been numerous references to prior SEQRA activity and, yes, there was prior SEQRA activity that led to a request that the applicant prepare an Environmental Impact Statement and we did go through a scoping process. However, that application was withdrawn by the applicant and what we have before us is a different application from what was first submitted in 1996 and so the Planning Board is required by law to go through the SEQRA process again to Southold Town Planning Board Page Thirty-three October 2, 2000 start it over on what's in front of it. I just want everybody to be clear about that. The Board has not made any decision. All they've done is start the environmental process and this meeting is part of the public process to allow you to have some input into it. The Board has opened up the hearing, the floor, to a whole wide range of issues that are a concern to the community. You have not been confined to any one particular issue and ! think the comments that were made here reflected that. The SEQRA process will take most of this month and, during that period of time, any further comments or observations that the community chooses to make can be submitted to this Board, not only verbally in testimony, but in writing. Just so you are aware of this, the procedure in the office is that any letter that comes in to the office, a copy goes to every single Board member and every staff member as a matter of record and the original goes in the file so any one of you can come in and ask to look at the file and read and see what's been submitted. These minutes will be typed up. They will also be available for the public record, so if someone wasn't able to be here and they want to read what happened, that would be available. The decision as to whether a Positive or a Negative Declaration will be issued is a decision that is still before this Board and, obviously, the comments that were made will be taken into consideration. Again, I caution you that the Board has to make its' decision on the application that's in front of it and not on what had been in front of it and so the issue of segmentation is essentially not an issue before the Board at this point in time. With regard to the Unlisted Action status, I would like to clear up a misconception about Unlisted Actions. There are many people who feel that an Unlisted Action automatically presumes that the Board doesn't have to take a hard look at the issue. That is not the case whatsoever. The determination does not absolve the Board from reviewing the facts. It's simply a bureaucratic term, if you want to call it that. The Type I Action requires that you fill out other paperwork but, as was pointed out by Mr. Warren, they have filled out more than what was required by that of the Unlisted Action. I want to mention, just for the sake of factual information, that when a Board makes an initial determination, part of the coordination process was that this Board was required to send out a copy to several agencies - State, Local and County agencies - the fact that it's doing this Environmental Review and the determination of Unlisted or Type I ils part of that review so, that is not set in stone. I think that basically wraps up what I wanted to say. I just wanted to make sure there was clarity on that and, if there are any questions from reporters afterwards about the fine points of SEQRA, I'd be happy to answer them. Thank you. Mr. Orlowski: Would anyone else like to make a comment? Southold Town Planning Board Page Thirty-four October 2, 200,9_ John Nickles, Jr., Southold: After listening to comments from both sides, I don't want to reiterate anything about traffic but I think that everybody realizes what the situation is there. People who are opposed to passing this current site plan that I see before us, that I've looked at - basically the way they've been operating so, unless anybody who's opposed is in favor of not just restricting but reducing the current business that Cross Sound Ferry is doing, they're going to be in favor of this site plan. If they want to reduce what's going on here, then i understand why they're not in favor of that. But, I'm in favor of that. That's all I have to say. Mr. Orlowski: Any other comments? Dr. Ro egg.[~: The gentleman, whose name escapes me at the moment: Would you mind explaining this in detail - this great chart that you have here? Mr. Orlowski: (To Mr. Warren) Would you like to? Mr. Warren: Sure, I'd be happy to. It's a concept site plan that shows four parcels. This is known as the "West Parcel"; Gardiner's Bay is here; Main Road comes down here and terminates. Here is the Snack Bar. Here is the existing terminal, right here. North is up here. South. Over here is the Federal Government property, Plum Island. This is the Western Parcel that has an approval from the Town for a 69 space parking lot. It was approved by the Town of Southold a number of years ago. This is the Terminal Parcel. You've got the existing terminal. These are the cueing aisles as the cars come throuGlh here and they park, waiting to load onto the ferry. This is the existing street end that comes down through here. There's a building here at the end. It's utilized by the ferry itself. This is the parking along through here. This is the existing guard rail that separates the parking, the public parking at the street end from the parking lot that's over here. This is the Snack Bar Parcel. This would be the Trust Parcel. This is where the last application showed an expansion of parking, on this parcel. This was going to be a large, unified parking lot. The plan that's before the Town for consideration is to install curb stops that would be along this northern edge, this western edge. We've got an existing guard rail here, fence that exists along this location and then a curb stop here. This would be a guard rail, down this side. There's been a concern that's been raised about the potential encroachment across this line so the applicant has agreed that we would install a guard rail on that side. This is an existing right-of-way, a County right-of-way to gain access out to the Point. The plan also includes the installation of some buffer planting in this area and enhancement of the planting around through here. The reason that we put together a site plan is to illicit some public comment and also get some feedback from the Board to know that we're going in the right direction. So the plan would be that a formal engineering plan would be drawn with formal landscape plans at the time when everybody says it's time to do that. The parking surface right now that is rough, irregular and potholed would be graded and it would be stone surfaced so you'd have some drainage on the site. That's the plan. Southold Town Plannin.q Board Pa,qe Thirty-five October 2, 2000 The lighting is something that has not yet been defined. It's something that we would work with the Town on in terms of trying to find some sort of Iow-level lighting. I presume that's going to be something that would follow the perimeter on some of the fencing. (Unidentified man and woman speaking.) Mr. Odowski: I can't allow this to be a debate or a question and answer thing because it will go on all night long. If you have comments, you can talk after Rich makes his presentation. O.K.? Any other comments? (There were none.) Would any of the Board members like to say anything? (There were no comments from the Board.) I think somebody put it properly during this process when they said that the Planning Board does have a difficult task. We know we do. This is probably the most open to the public application you'll ever get here. I mean, we've brought it out and it's open to the public. This hearing will not be closed tonight. It will be left open for the next meeting. As information comes in, as we go through the SEQRA process, you're allowed to come into the office, review it, make comments. As far as i'm concerned, this was a very good meeting; the Board got a lot of input, a lot of good information. We'll be working with our ideas also and our thoughts in trying to work with the applicant. The reason we did start this a little sooner with the conceptual plan is so the public would have comment, so we don,t have to sit here in the middle of January when there's two feet of snow on the ground and you're saying "Why would you hold a hearing in January on a plan that's complete". We ask for your input; we ask for your comments. You were very good tonight. I appreciate it. I applaud the audience for their comments and information. I'm going to entertain a motion now to hold this hearing open. Mr. Cremers: So move. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on that motion? All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Cremers, Mr. Edwards, Mr. Latham. Mr. Orlowski: Opposed? So carried. Just for the record, I'd like you all to know that this Board has always supported an alternate ferry site and it's something that's totally out: of our hands. Somebody said that we weren't supporting it. We do support it and I'm sure if they could find one, they'd use it but that's another story altogether, i'd like to thank you for coming and we'll be back here in a few more weeks. Southold Town Planning Board Page Thirty-six October 2, 2000 Mr. Odowski: Would anybody like to comment for the record right now? Otherwise, we are going to adjourn and go into a work session. (No one wished to speak.) I'll entertain a motion to adjourn. Mr. Ca_~aiano: So move. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. All those in favor? Ayes: Mr. Orlowski, Mr. Caggiano, Mr. Edwards, Mr. Latham. Mr. Orlowski: Opposed? Motion carries. There being no further business to come before the Board, the meeting was adjourned at 8:10 p.mo Bennett Orlo'~S~J- ~., Chairman Respectfully submitted, Carol Kalin, Secretary £'Jd l