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HomeMy WebLinkAbout1000-59.-3-19 PLANNING BOARD MEMBA � ONES �C� • Town Hall, 53095 Main Road BENNETT ORLOWSKI,JR. hj Gy P.O. Box 1179 Chairman Southold, New York 11971 0 WILLIAM J. CREMERS w = Fax (516) 765-3136 KENNETH L.EDWARDS • �� Telephone (516) 765-1938 GEORGE RITCHIE LATHAM,JR. RICHARD G.WARD PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 17, 1998 Robert C. Leonard S & L Irrigation Cox Lane Industrial Park - Unit 13 Cutchogue, NY 11935 Re: Request for site plan waiver for Robert C. Leonard Rt. 48 and Kenney's Rd. SCTM# 1000-59-3-19 Dear Mr. Leonard: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, November 16, 1998: The final public hearing was closed. WHEREAS, Robert C. Leonard is the owner of the property known and designated as SCTM# 1000-59-3-19 located on Rt. 48 and Kenny's Rd. in Southold; and WHEREAS, the moratorium does not apply to this application because it involves: an improved parcel and no Zoning Board of Appeals approvals are required and because the proposed use is not "a change of use" from the previous use. The previous use was a use permitted in the Limited Business (LB) zone pursuant to Section 100-81 A.2 (f) and the proposed use is a permitted use under Section 100-81 A.2 (f). WHEREAS, an examination has been made of all uses and the existing parking was determined to be adequate for all uses; and WHEREAS, a twenty foot wide buffer consisting of a six foot stockade fence, off- set from the property line, and six foot evergreens, ten feet on center will be placed on the north and east side of the property to screen storage vehicles and equipment from neighboring residential property; and Page 2 Sffe plan waver for S&L Irrigation November 17, 1998 WHEREAS, a handicapped parking space will be provided; and WHEREAS, any violation of the conditions of this resolution may be grounds for rescinding this waiver; be it therefore RESOLVED that the Southold Town Planning Board grant a waiver of site plan requirements. Please contact this office if you have any questions regarding the above. Sincerely, Bennett Orlowski, Jr. Chairman cc: Ed Forrestor, Director of Code Enforcement r116� P OF PROPERTY SU2VEYED FOS MNEST A RI EGxR ) JR . V— LAWN —4 fn S �Vqftfi ---- OD P.O.Box 414,41425 County 8006 48 Sou&mW,New York 11871 1` /6r9�C Propo Qs I a ; O clros� Itn z eve� icee�g a � Fe�ee L —` F i t' •1 -'1 1 TJn d 'httesu vet o Z7.6 ,yard la anziembla v �t:.� 1: if'), or ere net tr J F,"- m uC^ion:!inc5tafions aro ' w Som`. v+•.;srz. b%9awrx ci Q. SCALE O,O,r -4, SCALE PIPE C\nrb CJS 35,2 ,�� t x I iwaw� L ` I-L ON 'jr \31 rLwwa �( ARC 0I0g• /y Southold Town Planning Board l..,l`• A''! j N�IDDLE I fr�tC �.:. r ltttG✓ h���/E C - t� ��lrc�!C�! I` � _ \.r�IC,.�7i 1C'�� iA SUFE C0- TAX MAP DATA 1000 - 59-3" t9 , 4 . 1. a S/ 1 .. Adm. wl A7, NO h FAMM •'" 1►��� '!::�- — 'mss: . fir, ;0. A !v I z e r - / JR, sIWOd ZY ry p. PLANNING BOARD MEMBERO" BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD PLANNING BOARD OFFICE TOWN OF SOUTHOLD MINUTES November 16, 1998 Present were: Bennett Orlowski, Jr., Chairman Richard G. Ward G. Ritchie Latham Kenneth Edwards William Cremers Melissa Spiro, Planner Martha Jones, Secretary Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax(516)765-3136 Telephone (516) 765-1935 Absent: Valerie Scopaz, Town Planner Robert G. Kassner, Site Plan Reviewer Mr. Orlowski: Good evening. I'd like to call this meeting to order. The first order of business, Board to set Monday, December 14, 1998 at 6:00 p.m. at Southold Town Hall, Main Rd., Southold, as the time and place for the next regular Planning Board meeting. Mr. Cremers: So moved. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. All those in favor? Ayes: Mr. Orlowski, Mr. Ward, Mr. Latham, Mr. Edwards, Mr. Cremers. Mr. Orlowski: Opposed? Motion carried. Hearings Held Over From Previous Meetings: Mr. Orlowski: S&L Irrigation - This site plan waiver is for a 1,000 sq. ft. office building and a 2,500 sq. ft. storage and warehouse, for an irrigation business, in an existing building. SCTM# 1 . Since it's held open I'll ask if there are any comments on this application? 0 0 Southold Town Planning Board 2 November 16, 1998 Robert Leonard: Good evening. My name is Robert Leonard and I'm representing S&L Irrigation here this evening. As I stated to the Board previously and as we discussed in the work session, we're all in favor of planting the 20 foot buffer, in fact it has already been planted. It was planted a couple of weeks ago. It's in place. The local residents as well as the Board also requested that we use stockade fence instead of chain link fence. We're in favor of that also, we agreed to that. We have no problems with that. Other than that, because we've pretty much done everything everybody's asked us to do I really don't have too much more to say here this evening. It did come to my attention earlier this week that some of the neighbors stopped by with some photographs of our building and what we've been doing up there, and I add with this Board's approval, as well as the Code Enforcer's approval - I don't know what the pictures were supposed to represent but I brought some of my own pictures of the building prior to our purchasing it. Some of the neighbors have led everybody to believe that there was always what I would call a natural buffer there. This Board as well as the town code does not require us to have a natural buffer. It is a landscape buffer which according to the town code, must be a maintained buffer. This building, as my photos will show, was far from maintained before myself and my partners purchased it. The work that we've done there is basically bringing the building up to town code and no more than that. I'll give you these (submitted pictures). As those photos will show you - I've got one more here for you - the single photo I handed you is the building in the summertime prior to me buying it. The other photos are pictures of the building in the wintertime prior to me buying it. You can obviously see the neighboring houses in those pictures. The evergreen buffer -20 foot evergreen buffer - in which the town's required me to plant, and that I planted, will by all means produce a better screen once they've grown in than what they've ever had there. I understand that the neighbors to the east purchased that house 19 years ago. I don't think they've ever had anything better to look at in the past 19 years than what we're trying to produce there. The neighbors to the north, it's a newer house, it's been there for two or three years. There was, again what I would call a dilapidated buffer there, which again, we're not trying to do anything more than upgrade that buffer and bring it up to town codes. The placement of the fence has also come into question. According to the town code a fence can be in lieu of a buffer - an approved fence I might E 0 Southold Town Planning Board 3 November 16, 1998 add. We are proposing to put up the fence and the buffer. We can't ask for too much more. I don't think anybody can ask for too much more. I will only put the fence on the property line as is allowed in LB as well as residential zoning. Both zones allow for fences on your property line. Should any neighbor choose to put in a swimming pool, they will be required to fence it in. If they do fence it in and they put their fence on the property line, that is leaving a little slough of land about 20 feet wide between what the neighbors want me , or wherever they want me to put the fence, and where they will be putting their fence. Some of the neighbors may say they will never do that. It's come to my attention recently that one of the neighbors is recently gone to contract on their house. They may be able to speak for themselves; I wonder if they can speak for the new owners? I wonder if the new owners are here this evening? Potential owners I should say. I happen to know and be acquainted with the people that have gone to contract to purchase the house. Although they are not here this evening, as far as I know they are not in any way, shape or form, unhappy with what we've been doing with the building. Unless anybody here has got any questions for me this evening, I've pretty much said what I've wanted to say. Mr. Orlowski: Any other comments? Ellen Latson: My name is Ellen Latson. I'm an adjacent property owner to the east. I think the major issues that were in question here was that on the property to the west, on the S&L property, was that it was a change in use. For approximately the time that I've lived there, which is 19 years, there was no activity on the property. We received a notice from Mr. Leonard for a waiver on the site plan. At that time we came to the first public hearing. Everyone stated their comments. The zoning code calls for a 20 foot setback on the buffer from the adjacent residential properties. Mr. Leonard stated from the beginning that he had no intent of putting a vegetative buffer in front of a fence. In fact, he had said, if I am required to put in a vegetative buffer, then I am going to be the one to enjoy it. So my question was, if there is a vegetative buffer on the line facing the North Rd. and a vegetative buffer on the line facing Kenny's Rd. where all the commercial traffic and residential traffic passes, why should the adjacent property owners not have the same benefit with the 20 foot setback? Mr. Leonard has done an excellent job. There is no question in planting the trees. They are six foot trees, Apparently the Planning Board has been very impressed by the six foot trees from the work sessions that we've come to, but the code calls for six foot trees. Whether anybody else ever plants L 0 Southold Town Planning Board 4 November 16, 1998 them, I don't know, but that's what your code calls for, a six foot buffer. So everybody should be doing it. If not, you'd better get after them and make sure that they do it. The other question was the stockade fence, and I'm happy to see that Mr. Leonard is going to put the stockade fence in. But the point is, if there is a vegetative buffer and if the code calls for a vegetative buffer in between a residential and a commercial property, that's what the issue here is. It's a residential vs. a commercial property. The residential property owners should benefit from the buffer. If somebody puts a pool in 15 years from now or next week, that has nothing to do with it. It's that if its a residential property next to a commercial zone the code calls for a vegetative buffer and/or a fence. And I understand it is in the discretion of the Planning Board to do that. You can make the determination of where you want to put it, and you will. I have paid taxes on that property for 19 or 20 years and have lived on that property for 19 or 20 years. Mr. Leonard made the rude comment that it never looked so good. Well that's in his judgement. But I'd like to have Mr. Leonard know that for many of those years I was a single mother raising three children and I'm sorry that I don't have it vegetated to a landscapers capability, but it is a nice looking yard with lilac bushes and rose of Sharon and privet hedges and many bulbs in the spring, so that is a very rude comment to make. Mr. Leonard: I was referring to my building, not to the neighboring buildings. I apologize if you misunderstood what I was saying. Ms. Latson: Excuse me, I misinterpreted that wrong. And really that's all I have to say. I would almost rather see it go for the 10 foot setback and the stockade fence in behind as the original plan went, than to have a stockade fence right on the property line. He does have 15 feet of plantings so he has left himself room one way or the other to put the fence on the inside or the outside because it's only 15 feet from the property line to the last of the plantings. And one other thing that I have to just say because I don't really quite understand this. The public hearing was open all of this time and I've been to 2 work sessions, Mr. Leonard has been to 1. We've never, as well as other neighbors, and we've never ended up at the same work session where everyone could sit down and talk together. But I was told by Bob Kassner and members of the Planning Board that he could not even turn a spade of dirt until he had the Planning Board's approval or a waiver on the site plan 0 0 Southold Town Planning Board 5 November 16, 1998 and the hearing was left open. And when Town Hall closed on the 12th of October, Mr. Leonard was out there with the bulldozer. He has put all of his plantings in. None of the permits have been issued. Apparently he was given the OK at a work session, so I'd really just like an explanation on how all this can occur when a public hearing is still open and really nobody knows what is going on. I don't think it was fair to the adjacent neighbors for him to be told -- I was told that he was told, I wasn't there -- at a work session that he could go ahead and plant. When I was at a prior work session, I sat very quietly while the Planning Board said he has to meet that 20 foot setback. So it's really been an unnerving experience all the way around, never knowing what's going on. I was just wondering if anybody from the Planning Board has a comment on that? Mr. Orlowski: The 20 foot buffer, or planting, when Mr. Leonard talked to this Board at the work session, he said he was going to go out and plant a six foot evergreen, and that's by code, so the Board had no problem in planting trees on your property especially since, as you said at the start of your statement, that it looks very nice now. So he was told he could do that. Ms. Latson: But why would he be told he could do that when the public hearing is still open and he's still under a site plan review? That's what I don't... Mr. Orlowski: Because the code asks for a 20 foot buffer and he said he had the trees there and he asked if he could plant them, and we see no problem with planting those trees. And you seem to say it looks very nice now. Ms. Latson: Yeah, it does look nice, but I'm just saying what if it didn't though. Mr. Orlowski: Well, if they were 2 foot trees and they were 10 foot on center, I don't think we would have said that, but we did say that... Ms. Latson: Yeah, but I don't think a public hearing should be open. Close it and tell everybody what's going on. Mr. Orlowski: We didn't feel it was fair to hold him up with six foot trees sitting there, so we did say that. Ms. Latson: OK, thank you. Mr. Orlowski: Anyone else have a comment? 0 Southold Town Planning Board 6 November 16, 1998 Tom Hamlin: I'm the neighbor to the north of S&L Irrigation. I must say that Mr. Leonard and S&L Irrigation did do a real good job planting the trees. There's just one question about the lighting. The lighting is on all night long. To me, it's not a high crime area. Do we need the lighting on all night long? That's just something that my neighbor who couldn't be here tonight told me to bring up at the meeting. Also about the fencing, does it have to be on the property line? Or will it be setback like Ellen said with the 10 feet or the 20 feet back on the property? Mr. Orlowski: Are those your two questions right now? Mr. Hamlin: Yes. Mr. Orlowski: The question on the lighting? Mr. Leonard: The lighting issue, I was asked originally if I was going to be adding any lights or doing anything. The lights on the building are original lights. I did change the fixtures, but there were always fixtures there. Whether the previous people used them or not, I have no idea. At my own personal home, a very quiet street, I always usually do leave a door light on. I'd be more than willing, if it offends the neighbors, to put them on a timer and shut them off. It's not a high crime area, however, I am a new business there. I can't say the neighbors have been overly friendly to me. I'm not saying anybody is going to do anything. I'm not saying even with the lights on or off that anything is going to happen. The lights are definitely directed down and not shining off the property and I'd be more than happy once again ... I wave to you every morning, you wave back to me. If you say, Rob, these lights are bothering me, can you please turn them off at 10 o'clock, I would shut them off. Mr. Hamlin: They're not bothering me personally... Mr. Orlowski: Please address the Board so it doesn't become a debate. Mr. Leonard: I don't believe that should be an issue for the Board to really consider this evening. Mr. Hamlin: There's a few different types of lighting that can be installed. One is a motion light that only pop on when you cross the beam and they stay on for a certain amount of time. Also, there are the lights that only come on at night but they stay on all night long. Either one way or the 0 0 Southold Town Planning Board 7 November 16, 1998 other. Mr. Orlowski: I think Mr. Leonard talked about a timer. Mr. Leonard: Right now it's on a switch. I turn it on when I leave and I shut if off when I come in. Mr. Hamlin: Or a motion light. If somebody breaks the zone the lights pop on and then they go out after a while. It's trivial but... Mr. Orlowski: I guess the only other question is the fence, whether it's stockade or chain link or on the line or in the middle. Do you have any comment on that? Mr. Leonard: In regards to the fence, after discussing it with my attorneys, my insurance agents and other people, the only place I'm willing to put a fence is on the property line. Should this Board decide the fence is not acceptable on the property line, and it needs to be placed in on the property, I will withdraw my application for a fence permit and no fence will be erected. This is not a mandatory item. The buffer zone is, the fence is not. I truly would like to have a fence, but after operating out of the building for three months now, I question myself why I even need the fence. My equipment fits fine right inside the building. I moved from a 1700 square foot office to a 3500 square foot building and I don't necessarily need the space outside. The stockade fence at this point in time is for the neighbors benefits and not for mine. Mr. Ward: I'd just like to ask a question, being that it is I think we all agree that the buffer is for the neighbors, would the neighbors rather see, if you're going to put a fence up on the property line, a chain link fence like a black vinyl or something, rather than stockade so you would see the landscaping rather than see a stockade fence. Mr. Leonard: That was my original offer. Mr. Ward: I understand that. Mr. Hamlin: He went out of his way to plant all those nice trees, all the trees will be inside the fence. Mr, Leonard: I would like to say, if I may interrupt you, I went to school for two years for ornamental horticulture. I've been in the irrigation business for 16 years, irrigating plant material and around plant material I've worked with 0 Southold Town Planning Board 8 November 16, 1998 many landscapers. Evergreens especially as well as any other kind of plant material enjoy a southern and a western exposure here in the northeast. A northern exposure or on the north side of a building, plants are stressed, especially in the wintertime. An eastern exposure, the only time the plants get sunlight is in the early morning hours when the sun is weak. Placing the fence on, for intents and purposes, the inside of the buffer or my side of the buffer is going to shade this plant material from its southern on the northern property line and its western sun exposures on the eastern property line. These plants will not grow as well with a fence blocking the sunlight from them. Mr. Orlowski: So right not, you don't care if you have a fence or not, and you've planted your 20 foot buffer? Mr. Leonard: Our original plans, my partners and mine, were to have a fenced in yard. I would still like to have a fenced in yard, but I will not be forced to fence 20 foot in or 10 foot in off my property. I believe the Town code book allows for a fence to go on the property line and I have conceded to a 20 foot buffer when we've gone from 5 to 10 to 20. I've conceded from chain link to stockade. I will not concede on this issue. If a fence is to go up, it will go up on the property line only. Thank you. Mr. Orlowski: Is chain link OK? Mr. Leonard: Chain link is OK with me. Green or black vinyl? Mr. Orlowski: Black vinyl. Mr. Leonard: Black? I prefer green. Mr. Orlowski: You've got it. Mr. Hamlin: Both neighbors agreed on the stockade. Thank you. Mr. Orlowski: Any other comments? Donna Dzugas-Smith: Tuckers Lane. I have a large property opposite S&L. This as you know goes a long way back, and I'm in the process of the Planning process, so I know what everyone goes through here. And business is a tough thing out here. There's something I think the neighbors are saying, there's a big difference between light business and residential. We have a problem in this town of what light business is. That was a building -- yes it may not have looked great from the outside, but it was hardly used, 0 Southold Town Planning Board 9 November 16, 1998 and it was being used, and we've got to consider that. Now that it's going to be used more, we do need that buffer. That buffer is definitely needed love the way it looks from the front. You have those great greens. We get the wonderful view (inaudible) residents, and we're going to have a winery opposite so I appreciate that view. But I think that's the kind of view they need too, they need those tall nice greens going down. Greens look a lot better than any fence. And I think the other thing which I've mentioned at many meetings, both Town Board meetings and here is that the thing about Southold is that you need to be neighborly. And there's two things that can be accomplished here. Number 1 that you have to follow the code and do what's best according to the code, but also think of it as being in your back yard. That'E the big secret about all these hearings. If you can think of it as if you're living next door and what would you think looks the best too. Then you can kind of listen to everybody and say ah, that's what they're trying to say. Mr. Leonard: Just one final thing, it was mentioned that the plantings are 15 feet in allowing space from either side of our fence. Just to let the neighbors know how the plantings arrived where they're at, it's actually 16 feet 8 inches from the property line to the inside row of trees. The trees are spaced at 6 foot 8 inch intervals off the property line which is 1/3 of a 20 foot area. That was recommended by Ed Forrester in the Building Department. The first row is 6 foot, 8 inches; the second row is 6 foot, 8 inches and then there's a 6 foot, 8 inches for growth into the property. Mr. Orlowski: Any other comments? I'll entertain a motion to close the hearing. Mr. Latham: So moved. Mr. Cremers: Second, Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Ward, Mr. Latham, Mr. Edwards, Mr, Cremers. Mr. Orlowski: Opposed? Motion carried. Mr. Ward: Mr. Chairman, I'd like to offer the following resolution. WHEREAS, Robert C. Leonard is the owner of the property known and 0 0 Southold Town Planning Board 10 November 16, 1998 designated as SCTM# 1000-59-3-19 located on Rt. 48 and Kenny's Rd. in Southold; and WHEREAS, the moratorium does not apply to this application because it involves: an improved parcel and no Zoning Board of Appeals approvals are required and because the proposed use is not "a change of use" from the previous use. The previous use was a use permitted in the Limited Business (LB) zone pursuant to Section 100-81 A.2 (f) and the proposed use is a permitted use under Section 100-81 A.2 (f). WHEREAS, an examination has been made of all uses and the existing parking was determined to be adequate for all uses; and WHEREAS, a twenty foot wide buffer consisting of a six foot stockade fence, off -set from the property line, and six foot evergreens, ten feet on center will be placed on the north and east side of the property to screen storage vehicles and equipment from neighboring residential property; and WHEREAS, a handicapped parking space will be provided; and WHEREAS, any violation of the conditions of this resolution may be grounds for rescinding this waiver; be it therefore RESOLVED that the Southold Town Planning Board grant a waiver of site plan requirements. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Ward, Mr. Latham, Mr. Edwards, Mr. Cremers. Mr. Orlowski: Opposed? Motion carried. SUBDIVISIONS, LOT LINE APPLICATIONS Setting of Final SET OFF Richard Reinhardt - This minor subdivisio-P1'1�L3 lots on " P' .r( Z ,m 1 7y:, o��SUFFOIk�, ,e (C O Gy` COD x Town Hall, 53095 Main Road 0 T Fax (516) 765-1823 P.O. Box 1179 .y �� Telephone (516) 765-1802 Southold, New York 11971 BUILDING DEPARTMENT TOWN OF SOUTHOLD MEMORANDUM TO: Planning Board FROM: Edward Forrester, Building Department �L DATE: November 4, 1998 RE: S&L Irrigation SCTM# 1000-59-3-19 The use of the above referenced property has not changed from that of the prior occupant. It was previously used for office, storage and fabrication and will be used for office, storage and fabrication. This use is listed in the use category 100- 81A2(f) of Town Code. The property for this reason is not governed by the moratorium. It is my opinion that the intensity of the operation may trigger the need for review and approval by the Board. 'm! Southold Town Planning Board INCORPORATE D 11425 County Road 48 P.O. Box 414 Southold, NY 11071 15161765-6860 (fam 765-4725 Robert G. Kassner Site Plan Reviewer Town Of Southold - Planning Board Office 53095 Main Rd. Southold, NY 11971 Re: Waiver Request 41425 County Rd 48, Southold SCM# 1000-59-3-19 Dear Mr. Kassner. November 5, 1998 Enclosed, please find an updated site plan showing a twenty foot buffer with G arborvitae, 10' on center with two staggered rows. Mr. Forrester in the Building Dept. advised me to place the rows 6'8" spacing (1I3 of the buffer). This site plan also shows the requested stockade fence to the outside of the buffer, with the good side out to the neighbors, as discussed at the Oct. 26 Planning Board work session. I am requesting a 6' chain link fence within our property from the north-east comer of the building to the north property line to enclose our rear yard. If you, or any Board member have any comments or questions that need to be addressed prior to the Nov. 16 Public Hearing, please do not hesitate to contact me at the above phone number. Robert C. Leonard Treasurer & Secretary S&L Irrigation, Inc. RCL,ndh pjeo8 6uiuueIto I unrrol Plou;noS 9661 0 NON ub `,. • _ _ _ _ ' STOC-"DE FENcE rY rvu�eYu v e Lrm 1N i-INk rCvje-E 6uFFM 3ouNDW/LY CCU_ ARBoRV ITAE rc' RHODODENDRON Jc.a�Q 6+oek-A' J- cD Z UJ i �IpDL� RoAo c.R•� 0. TAX MAP DATA : I000 - 59 - 3 19 P.O. Box 414, 41425 County Road 48 Southold, New York 11971 _ _ _ _ _ -W _ = STOLIcpDE FENCE xx WWWW,xxV v e Lr114 IN LINk. FC`NC-E 3LAFFEYL (3ouNDH2y _ ARBaRV ITpE (�HoDo�eNDRoN Seo.l2: I"� 30'0„ 4 5I kit v'C.m¢ C4/u+) 1+oekadf �. TA X MAP DATA : 1000 - 59 - 3 9 mipC)ILe a0A0 CA. 48 P.O. Box 414, 41425 County Road 48 Southold, New York 11971 PLANNING BOARD MEMBER BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD October 27. 1998 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Robert C. Leonard S & L Irrigation Cox Lane Industrial Park - Unit 13 Cutchogue, NY 11935 Re: Request for site plan waiver for Robert C. Leonard Rt. 48 and Kenney's Rd. SCTM# 1000-59-3-19 Dear Mr. Leonard: Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax(516)765-3136 Telephone (516) 765-1935 The following took place at a meeting of the Southold Town Planning Board which was held on Monday, October 26, 1998: BE IT RESOLVED that the Southold Town Planning Board hold the hearing open, pending receipt of a revised site plan. The next Planning Board meeting is scheduled for November 16, 1998 at 7:30 p.m. Please contact this office if you have any questions regarding the above. Sincerely, 6D� Bennett Orlowski, Jr. -,k Chairman cc: Ed Forrestor, Director of Code Enforcement PLANNING BOARD MEMBEIS BENNETT ORLOWSKI, JR. Chairman WILLIAM J.CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD October 6, 1998 Robert C. Leonard ggFFO(4-coGy -14 COD x �W 1Jq• � PLANNING BOARD OFFICE TOWN OF SOUTHOLD S & L Irrigation Cox Lane Industrial Park - Unit 13 Cutchogue, NY 11935 Re: Request for site plan waiver for Robert C. Leonard Rt. 48 and Kenney's Rd. SCTM# 1000-59-3-19 Dear Mr. Leonard: Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax(516)765-3136 Telephone(516)765-1938 The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, October 5, 1998: BE IT RESOLVED that the Southold Town Planning Board hold the hearing open. The next Planning Board meeting is scheduled for October 26, 1998 at 7:30 p.m. Please contact this office if you have any questions regarding the above. Sincerely, (L Bennett Orlowski, Jr. �� Chairman cc: Ed Forrestor, Director of Code Enforcement 0 41425 Coiauy Road 42 P.O. Box 414 Southold, NY 11971 (316)765-6860 (fax)765-4'125 Town of Southold Planning Board P.O. Boz 1179 Southold, N.Y. 11971 Re: Waiver request 4142.5 County Road 48, southold SLIM 1000-59-3-19 Dear Mr. Kessner, October 2, 1999 I have received your letter dated September 29 requesting a 20 foot buffer on the north, & east sides of our property and the fence put to the interior of the buffer. My partners and I do not agree with your proposed plan - At the September 29th Town board meeting, Supervisor Cochran suggested I meet with Town attorney, W. Yakaboski and Mr. Forister regarding the change of use of the property and moratorium. Until this meeting takes place I would like to posupone the public hearing regarding our waiver request In the mean time, we are having our consultant review the entire situation - Please advise me of the next available date for a public hearing, as well as when I may meet with the board to go over our differences. Thank you X-`7 ly, Robert C. Leonard Secretary & Treasure S & L Irrigation, Inc. ai,T 0 5 1yyf3 "rr:+,,r4:" Fol-lil-ip19 Sloalu Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 MEMORANDUM ubj- 0 GA ti 2 Fax (516)765-1823 T Dy N: Telephone (516) 765-1802 dol � dao BUILDING DEPARTMENT TOWN OF SOUTHOLD TO: Robert Kassner, Site Plan Reviewer FROM: Edward Forrester, Building Department i V DATE: September 24, 1998 RE: Pre -Certification of Use S&L Irrigation, SCTM# 1000-59-3-19 Please be advised that the above referenced project has been reviewed by the Building Department to certify the proposed use in the LB Zone. It has been determined that the proposed use is a permitted use pursuant to Section 100- 81 A2(f). SEP 2 5 1998 Southold Town Planning Board J Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 MEMORANDUM ,rs��gUFFO(,�CO � �O Gym y x BUILDING DEPARTMENT TOWN OF SOUTHOLD TO: Robert Kassner, Site Plan Reviewer FROM: Edward Forrester, Building Department DATE: September 24, 1998 RE: Pre -Certification of Use S&L Irrigation, SCTM# 1000-59-3-19 Fax (516) 765-1823 Telephone (516) 765-1802 Please be advised that the above referenced project has been reviewed by the Building Department to certify the proposed use in the LB Zone. It has been determined that the proposed use is a permitted use pursuant to Section 100- 81 A2(f). �4 do B 44 � Icy SEP 2 5 1998 Southold Town Planning Board PLANNING BOARD MEMBEO BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD September 29, 1998 Robert Leonard S & L Irrigation P.O. Box 414 Southold, NY 11971 gpFFO(� Town Hall, 53095 Main Road oho Gy` P.O. Box 1179 Southold, New York 11971 C* Z Fax(516)765-3136 Telephone (516) 765-1938 dol � dao PLANNING BOARD OFFICE TOWN OF SOUTHOLD RE: Waiver Request 41425 Route 48, Southold SCTM# 1000-59-3-19 Dear Mr Leonard, The Planning Board has received your waiver request regarding the above referenced property. The Board requests that you place a twenty foot wide evergreen buffer consisting of six foot evergreens staggered ten foot on center across the entire rear (north) side of the property and on the east side to the end of your building. Please place your fence (stockade) on the inside of the vegetative buffer, ie. twenty feet from the property lines. Please inform the Board if you agree to the conditions of the waiver. If you have any questions, or require further information, please contact this office. Sin Robert+ G. Kassner Site Plan Reviewer cc: Edward Forrester, Director of Code Enforcement PLANNING BOARD MEMBER* BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICnARD G. WARD PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: Edward Forester, Building Department FROM: Robert G. Kassner, Site Plan Reviewer RE: Pre -certification of use DATE: September 15, 1998 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax(516)765-3136 Telephone(516)765-1938 The following waiver requests are submitted for pre -certification of use. Please specify the nature of the use in each case. Attached for your use are the draft minutes of the hearing for S & L Irrigation in which the applicant explains the nature of his business. S & L Irrigation Route 48, Southold SCTM# 1000-59-3-19 Jubilee Outlet Route 25, Southold SCTM# 1000-62-3-8 Albertson Realty Route 25, Southold SCTM# 1000-61-4-22 A prompt response would be appreciated. cc: Gregory Yakaboski, Town Attorney Encls . 0 0 Southold Town Planning Board 3 September 14, 1998 to an existing office; and WHEREAS, all the requirements of the Site Plan Regulations of the Town of Southold have been met, be it therefore RESOLVED, that the Southold Town Planning Board approve and authorize the Chairman to endorse the final surveys dated August 6, 1998, subject to a one year review from date of building permit. Mr. Cremers: Second the motion. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Ward, Mr. Latham, Mr. Edwards, Mr. Cremers. Mr. Orlowski: Opposed? Motion carried. Mr. Orlowski: 7:35 p.m. - S&L Irrigation - This site plan waiver is for a 1,000 sq. ft. office building and a 2,500 sq. ft. storage and warehouse, for an irrigation business, in an existing building. SCTM# 1 5 I'll ask if there are any comments on this site plan? Rob Leonard: Good evening. My name is Rob Leonard. I'm here representing S&L Irrigation. I talked to most of my neighbors and some of them had some resistance. Others were more than happy to see the building that we purchased cleaned up and fixed up. I'd like to start out by saying that what we're here for this evening is, as you folks know, is a waiver of site plan review just because the building has been there and we don't want to do anything major to it. We'd asked to put up a fence, and this is how this has all started. As I understand the code, for LB zoning and business properties up there on that corridor, I am entitled to put up a six foot fence, 360 degrees around the building, In question came the buffer, which is again in question. As I have been reading through the Town code books which were written well after that building was built, as far as buffers are concerned, and is in my feelings and interpretations is really geared more to the larger parcels of property that are available out there now with the two acre zoning. As I met with your Board last month I agreed to put in the buffer as it stated 0 0 Southold Town Planning Board 4 September 14, 1998 and we agreed to minimalize it I guess to 10 foot rather than the 20 foot that's written there because of the fact that I only have a half acre of land up there. I don't have five acres or ten acres or even two acres. There was in fact at one time some kind of evergreen hedgerow. There were some black pines that were well dead and removed. Again, to read into the codes any buffer that was there or plant material dies, I'm responsible to replace it, which again I have no problem. As I told the Board, I'm in the yard beautification business and we'd really like our building to be beautiful. I don't really want to do anything that's unsightly. We don't really have much stuff out there that creates dust or excessive heat, which we don't really produce in my business, beings that we're not even in the office throughout the work day. Glare, the building is a lot brighter than it was before we moved in but I think that just enhances the neighborhood. Accumulation of dust, we don't want to accumulate dust any more than anybody else does. I'm just looking to put up a fence. To provide privacy, again, more the reason to put up the fence because I'd like to have my neighbors have their privacy back. To prevent erosion, I'm pretty flat there I don't think I have a problem there. And I am reading right from the code book. Most of these things that are in the code book and the reason for a buffer zone don't even entail me and what I'm looking to do up there. I guess that's really about all I've got to say. Mr. Orlowski: Mr. Leonard, do you have the certified mail receipts and the affidavit of posting? Mr. Leonard: Yes I do. ( Mail receipts and affidavit of posting submitted to Board.) Mr. Orlowski: Are there any other comments on this site plan? Tom Hamlin: Good evening. My name is Tom Hamlin and I own the property just north of S&L warehouse. My problem is with the buffer zone. S&L removed a large 20 foot section of buffer zone from the end of Kenny's Road all the way back to beyond my house. It's all gone now. Now I can see his building and according to this drawing here, he's only going to put trees up until about 10 feet just past my house. And if 1 look out my door, I'm still going to see his loading dock, I'm going to see his garage, I'm going to see the parking. The whole front of the thing is just going to be nothing but lawn. I just need a buffer zone or something. He said something about privacy. I'm not going to have privacy over there with just the lawn. 0 0 Southold Town Planning Board 5 September 14, 1998 Another thing about the noise, I was cleaning out my garage the other day, the garage door was open, it was about 7:00 at night. I'm cleaning out the garage and I hear a lot of obscenities coming out of that garage door. I don't know who said it ... I don't mind them saying it as long as the door is closed. Close the door if you're going to use obscenities. I have three children. That's about it, I just need a buffer zone to the front of the property, which was there when I first moved in two years ago. Thank you. Mr. Orlowski: Any other comments? Ellen Latson: Good evening members of the Planning Board. My name is Ellen Latson and I am an adjacent property owner to the east. I've owned my home there for the past 19 years and the use has remained the same. It was a very low key operation with several - one or two employees - you wouldn't even know that they were there. Clearly this new use is a change of use and an intensified use. In researching the recent application that was submitted to the Planning Board by Mr. Leonard I see that he is asking for a 10 foot buffer zone. The code as I understand it clearly asks for a 20 foot buffer zone between a business zone and a residential zone and to my way of thinking, this 20 foot buffer is put there to protect the adjacent residential use of the property. Without the 20 foot buffer it would increase the value of the business property and decrease the value of the residential property. When Mr. Leonard purchased the property he bought it as is, without a waiver. So clearly he cannot come before this Board and justify a hardship because he is a new owner of the land. He could have made the buffer a contingent of sale. Mr. Leonard just stated that larger parcels with two acres, he feels that this 20 foot setback would be more applicable. I beg to differ. In smaller lots such as his and ours, the impact is much greater on a residential lot without the 20 foot buffer. If you have a two acre lot you have a lot more space on your side yards and your back yards between a residential and commercial area. Most of the areas where there is going to be a business zone against a residential zone, you're not going to have these size lots, they're all going to be before 2 acres. I have several other questions as well. There was always very few employees there, as I stated. And looking at the map, Mr. Leonard says he employees about 12 people seasonally - I believe that's what he told me, it was just a conversation that we had out in our yard. And from the parking, it looks like r] 0 Southold Town Planning Board 6 September 14, 1998 there's only parking for about 7 or 8 people. So question number one is where are these people going to park when they come to work? And what kind of equipment does he propose for the storage area on the side. Is it going to be equipment that's going to be started at 6:30 in the morning and run at 9:00 at night? And what kind of security will there be in terms of lighting? I want my residential home - our bedrooms just border his property so I don't want any light shining in our bedrooms at night. Is there any other intended occupancy of the building? This is a large warehouse. Does he intend any other use to come out of there? All I'd like to say is that the code was enacted with a lot of forethought on protecting obviously a residential home from a light business use and I'd just like to see that the setback is kept in place and that there's no precedence set, because there's really not a lot of residential homes that border commercial properties except on the North Road and the Main Road, and so if there is going to be an increase in use, and this is obviously an intensified use, I'd just like to see the buffer zone remain intact. That's about it. Thank you. Mr. Orlowski: Any other comments or questions? Bernard Heinisch: My name is Bernard Heinisch, I live on 48. My property adjourns Mr. and Mrs. Latson. When this building was originally built about 1957 it was built on a smaller parcel which was subdivided from the Donahue farmland. This was sold as a machine shop and since its sale it really hasn't been kept up to date. I will say that the new owners have improved the outside of the building, that made attempts to make it look worthwhile, which they've done. But this buffer zone is really needed in this area. I would ask that each and every one of you should look at this area because if you stand on 48 and you look at the Latson's monument, where her property starts, her property actually starts inside the overhang of the trees that adjourns her property. Now if you were to grant a 10 foot buffer zone, you would see that that 10 foot is still under the overhanging branches. If you were to plant evergreens along there, I doubt very much they would even grow. Especially on a staggered system, it will take forever to fill out. If you hole the 20 foot, it will give more of an area in between the residential and the business section. When you do put the evergreens, they will get more sun and have more of a chance of living and growing. And I would hope rather than a staggered system, they would go in a straight line. These evergreens will eventually grow high enough to give more shielding than what you have now. There has never been any parking along side of that building since it's been 0 0 Southold Town Planning Board 7 September 14, 1998 built, adjacent to the Latsons. There's never been any parking to the rear since that building's been built. The parking has always been on Kenny's Road in front of the building. To my recollection, going back to when that building was built there was never any more than four cars there at a time. Occasionally they would have shipments. Shipments coming in and shipments coming out, to the rear of the property. At the present time I understand this is going to be used for all this equipment storage. We can't stop that but we would like to stop this 20 foot buffer. It's not going to do any of us any good. If you look at that property and looking at the map, I see where there is only going to be a hedge line in front of the fence line. That fence is going to be six foot high. If you put evergreens in front, then you won't even be able to see what's parked in the back because he's coming much closer to 48 then anything else that's ever been there. I thought originally he was just going to have parking in the back but now I see it's wrapping around the building. You can still move the vehicles in the back. From what I see, most of the vehicles are half ton pick up trucks. Even if they're pulling a trailer, you can back a trailer into that site. No, you probably won't be able to make a U-turn, but he undoubtedly knew this when he bought the property. Thank you. Mr. Orlowski: OK, any other comments? Steve Latson: I'm Ellen's husband and live next door to the east. I really don't have anything to add other than what I think which has already been said. The code is right, it should be 20 feet. We only have a third of an acre, this 20 foot is critical to us. A third of an acre, we have a tiny little property and without the 20 feet there's just no way. Bernie's 100% correct about the overhanging of trees. The only way you're going to get evergreens to grow in there is if you do go the full 20 feet. Besides that, on the side I wouldn't mind 10 feet of evergreen and then maybe more open area, because if you put the evergreens right up against our property, we have some deciduous trees that will suffer from planting, if you plant the full 20 feet in that area. We'd kind of like to work out an arrangement. We haven't really talked to the people at S&L except one day I saw him hanging out in the back yard and I went over and introduced myself, otherwise we haven't communicated whatsoever. They actually came on our property and cut some tree limbs off our trees I understood they were going to cut some of the limbs, but I would like to 0 Southold Town Planning Board 8 September 14, 1998 have been notified that they were going to go 4 feet onto our property instead of on our property line. It just seems normal to me, that's the way I do business. And as far as Tom's buffer, that buffer should extend within 15-20 feet of Kenny's Road, the evergreen buffer. Because as it sits now with the buffer right at the gate area, Tom is still fully exposed. So that buffer has to go down 15-20 feet. All you have to do is go out there with a tape measure, Tom can meet with the people and say, right here, and everybody will all agree, yeah this is it, this is the spot. The only other thing I would say is when we did talk to the people at S&L, this side area that they want to fence in, they kind of indicated would be about 30 feet further to the north than it is now. This is a really deep area. measured the area. If they have a 20 foot buffer, you know, put a fence up and then a 20 foot buffer area. Like I said, I would prefer maybe 10 feet of evergreen and then an open space because in part of that area you're not going to be able to grow your evergreens and if you do grow them further down to the south, you're just going to kill our deciduous bushes. In other words, I'd like to work with these people and do it right, that's all I'm saying. They still have 40 feet to park, to store, to do whatever they want. I just think, they bought and they should be real happy with it. As Ellen said, otherwise they're just expanding their property which would increase their value and it's certainly going to decrease the values of the two residents next door. One last thing, lighting. Ellen mentioned it. We really, really don't want to see security lights on all night long. If they need a light in the yard that they can turn on to go find something, to move things around, or in the fall when it gets dark early, great. But permanent, full time lighting there would really impact our property dramatically, and I'm sure Tom feels the same way. That's it, this is so simple. We'd really like a little more communication. We'd like to get the 20 foot buffer and then even then just discuss the plantings and all that kind of stuff, that's all. Thank you. Mr. Orlowski: Any other comments? Donna Dzugas-Smith: I'm the neighbor across the street that's going to be having a winery across the street so of course people coming and entering are going to see this building, this business. As you know, the North Road is a mixture of everything. The moratorium, I don't totally understand the status of it, whether it's in effect, is it a law, is it not. I understand it's an existing building. I don't know where that plays into this particular site plan. I'd like that considered. 0 0 Southold Town Planning Board 9 September 14, 1998 I find him to try to be a friendly neighbor. He explained to me very well what his plan was. I received in the mail, I walked over there, I spoke with him, we spoke about it. I have a concern about chain link fences. I feel that totally detracts from the country look and if that's what we're looking for on the North Road, I have a problem with that. So I appreciate the fact that you're going to try to hide it with trees. I'd like something in, what's it called, Covenants and Restrictions that when businesses are so close to residential ... I know when I just put a lot line around my lot, and I have 29 acres, and putting a lot line around an existing house I have a Covenant and Restriction that I cannot have any other access for certain uses off the North Road, and I have 29 acres and I'm right across that. So, here you're talking about a little piece of acreage with an existing business building. I'd like to work with him, I think he's very workable, I think his ideas are good. But, I think you have to look at all the residents next door and you have to say, how is this going to be covered? One of the concerns I expressed to him was, OK this is what you want now, but get real successful and two years down the road, three years down the road, he wants to cover it to protect... he says, no I won't. I'd like something in there saying that's not going to happen, it's not going to expand. Look at all our communities west of us. How does it start out? It starts out like this, with the spaces that we have now. They slowly become fenced in, residential or business, everyone wants their privacy, their trees, their fences, etc. Then the next thing you know, there's awnings, and then all of a sudden those awnings become enclosed, and the next thing you know these buildings are bigger and everything is real close together. And this is going to spread out to Southold. This is why we have our code. This is why we have people like you. This is why we have Boards. And this is why we're having this public hearing, something is planned for. So let's hope that this is not a step to lead into other things. I have a problem with site plan waivers, especially now since I know what I'm going through. When you buy a place ... I know D&D Cycle building is another problem. It's going to break down the road. I don't want them using this as an example. I don't want them saying, "hey, he got a site plan waiver. He bought that building, it was an existing building." D&D Cycles - an existing building - I don't want a site plan waiver. That's right in front of my vineyard. I'm thinking ahead, I want you guys to think ahead. You're one of the most dependable departments in the Town Hall. You're very thorough, you're quite professional, and I appreciate that and I'd like you to look to all this. I think a lot of good points have been brought up • Southold Town Planning Board 10 September 14, 1998 tonight. I think this is a very workable neighbor. I think we can definitely come to some compromise here. And I disagree that you can't see ... I never knew this neighbor, and I've lived here four years. Now that those trees are down, I met this neighbor, and he's across the road. So yes, that buffer did make a difference. I never saw his house, I never saw him. I see him coming and going now. So these are things that we do need to plan and doesn't need to be spelled out, and this is our chance to bring it all up. The other problem, which you've told us over and over we've got to bring this up to the Town Board, is Light Business zone. When I spoke to Bob, irrigation in a Light Business zone - I have a question about that, but he says irrigation is in Agricultural zone, that this business is irrigation in agricultural land. This is something we need to bring up to the Town Board for a code zone. Because if this is something being brought to you as a light business use that is acceptable, that's something that needs to be better planned for and doesn't always need to fall on your shoulders. Because it's a business, no matter how you look at it, it's a business. So we need to plan well. Thank you. (Change tape). Rob Leonard: A few good points came up, some that I think are bad points, From Mr. Latson, we did speak one evening out on the side yard of the building and we did give him our plans that we wanted to re -plant a hedge before I even knew that it was mandated. It's always been my intentions to re -plant a hedgerow. I've always wanted that. At that time, I did ask if we could trim some limbs off the tree, that he said we came onto his property and cut back four foot into his property. His one comment to me at that time was so long as you don't make it look like a straight wall, we have no problem with that. The man that actually trimmed the tree does actually work for me. He spent about ten years working for Shamrock Tree Service prior to coming to my employment. He's very knowledgeable on trimming trees. Steve's wife actually came out at the time and worked with the man, am I mistaken in that? As far as lighting is concerned on the site as I discussed with the Planning Board, we have no intentions of putting up any additional lighting to the building other than what is there right now. As far as how far the buffer is running at this point in time, that was the Board's discretion or recommendation to me in the letter that you sent me it was the length of the proposed fence. I really don't have a problem with extending that. I would like, and I really don't know with the staggered 0 0 Southold Town Planning Board 11 September 14, 1998 spacing and the way it's written and wanted, I think I can give my neighbors more privacy with a solid hedgerow, which is what I would prefer and wanted to do in the first place. I will definitely work with my neighbors on that aspect. I really do believe, although it is a Town ordinance and Town code with these buffers and what not, but I think it's more between Steve and his family and Tom and his family, and us more so than a lot of the other people. Bernie, and I'm sorry, but I don't know your last name, but he was upset with how far forward we were putting the fence. Again, that was the recommendation of your Board since we didn't fence in the back area to move the fence forward. Again, according to Town code, I am entitled to fence in the entire property and I don't have to put any hedge on the south facing fence. However, I would like to screen that fence. I don't want the fence to be seen. The whole idea of it is to keep it a secure area, that's why I don't necessarily need the lighting, I have the fence. If I don't have the fence, then I'll have to do the lighting and we'll be back here again to go through it over again. As far as the overhang of the trees are concerned, and that is a concern. And I'm trying to work with the nurseries to find a variety of evergreen that will grow well in the shade. There are some out there. There are some shady spots on the property. Again, I do believe I'm entitled to trim any trees that hang over my property. Not that I want to butcher any trees, that's not my intention. The 20 foot buffer, if I'm mandated to do that, what can I say, what can I do? However, I will guarantee the Board that the fence will not go 10 foot off the property line should I be mandated to make a 20 foot buffer. I don't have a problem with changing the chain link to stockade if that would please the Board and the neighbors. I would like to work with everybody. I guess if everybody was at the work session that we sat down at we could have worked this through before this point. But I also have my concerns with the moratorium. I don't want my permit applications to expire prior to settling this whole matter. I guess that's all I really have to say at this point in time. Thank you. Bernard Heinisch: Again, my name is Heinisch, I live on 48. In reference to my piece of property, my back yard I can see the entire rear yard of this gentlemen's property. I can see the entire side yard from this gentlemen's property. I can see the garbage containers. I can see all the vehicles. I i • Southold Town Planning Board 12 September 14, 1998 don't have to live right next door. I live adjacent to Latsons. Our back yards are open. As far as the lighting is concerned, I believe that the Town code states that no lighting will shine in the evening after a certain time. So lighting is out after a certain time, for security purposes on commercial property, that's to my recollection. As far as the moratorium goes, isn't the moratorium in effect now for fencing, that no permit will be granted - for 9 months. Is that correct? Mr. Kassner: Who are you addressing your question to? Mr. Heinisch: To the Board. Mr. Orlowski: We'll have to investigate that. Mr. Heinisch: Thank you. Donna Dzugas-Smith: Can I just add something. I don't know if you guys did go past my property and see it staked out. I think one of the problems with the Town, people need to - as these plans are being made, and maybe it makes your job too involved - you just need to see it. One of the things Bernie pointed out to me, he has that doctors office right next to him, and ten years ago - I didn't know the building was that old, actually it's a very messy building - ten years ago he was asked to put evergreens in order to have that business next to a residence. Do you know those evergreens are this high, and they were built ten years ago, and they're straggly. So the best laid plans sometimes don't work out. So sometimes if you go and look at the site and say, hey, you know what, on paper it looks like this. Stand on his property and look at my property and see how it's going to look, what I'm doing. Stand on my property and look at this property. I don't know how involved we can get on this but, it's just something for thought. Mr. Orlowski: Some of those are enforcement issues that have to be addressed by the building department. OK does the Board have any comments or questions? Mr. Edwards: The only comment I have is that there have been a lot of good issues presented tonight and I think we need to research it. Mr. Orlowski: Does the rest of the Board feel that way? Mr. Cremers: I think we hold the hearing open. 0 • Southold Town Planning Board 13 September 14, 1998 Mr. Orlowski: Hold it open? OK. There were a lot of good comments brought up, one of them being the moratorium, and the 20 foot buffer and I have some notes here. We will take a look at it. The Board at this time will hold the hearing open and I'll entertain that motion. Mr. Latham: So moved. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded to hold the hearing open. All those in favor? Ayes: Mr. Orlowski, Mr. Ward, Mr. Latham, Mr. Edwards, Mr, Cremers. Mr, Orlowski: Opposed? Motion carried. Mr. Latham: One good thing that all the principles are here and I think that's very important. Mr. Latson: Could I ask a question? Could we all just meet, I mean when you're going to come over there? I'm painting our house right now, I'm available any time for the next week and a half, then I start fishing. Mr. Orlowski: Well, I have a small list here so when we get to that point, we'll let you know. Mr. Latson: I'm just saying the communication has been really non-existent. The only time we've talked to the people was late in the evening, they were drinking beers and I just thought I'd go over and introduce myself and we just had a brief discussion, this is what we're going to do, and I said OK, well we'd like to work with you and we'll discuss this and blah, blah, blah, and that was it, we never talked to them since. Mr. Orlowski: Well, maybe you should go over with a cup of coffee and... Mr. Latson: I'm willing to talk to these guys anytime. Mr. Orlowski: I'm going to move on right now. Hearings Held Over From Previous Meetings: PLANNING BOARD MEMBER BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD September 15, 1998 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Robert C. Leonard S & L Irrigation Cox Lane Industrial Park - Unit 13 Cutchogue, NY 11935 Re: Request for site plan waiver for Robert C. Leonard Rt. 48 and Kenney's Rd. SCTM# 1000-59-3-19 Dear Mr. Leonard: • Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax(516)765-3136 Telephone (516) 765-1938 The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, September 14, 1998: BE IT RESOLVED that the Southold Town Planning Board hold the hearing open. The next Planning Board meeting is scheduled for October 5, 1998 at 7:30 p.m. Please contact this office if you have any questions regarding the above. Sincerely, Bennett Orlowski, Jr. Chairman cc: Ed Forrestor, Director of Code Enforcement 0 9 AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as 41425 County road 48, Southold (S & L Irrigation, Inc.) by placing the Town's official poster notices(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on September 14, 1998. 1 have sent notices, by certified mail, the receipts of which are attached, to the owners of record of every property which abuts and every property which is across from any public or private street from the above mentioned property on September 10 1998. Robert C. Leonard YoLlr.-rran9e (pri 41425 County Road 48, Southold, N.Y. 119 Address ber 14, 1998 Date Notary Public UL 4VO� ON*a �MAvg 13, SO PLEASE RETURN THIS AFF/DA WT AND CERTIF/ED MAIL RECEIPTS ON THE DAY OF, OR AT THE PUBLIC HEARING Re: SO SCTM#: Date of Hearing: qIttiqg Z 088 478 887 4T US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse rnt to Or,h Street & Number _• —1 — ✓ lw Post,Office. Stat�BLIP \i'e (Qq( Postage Is 3 certified Fee I1 • ('�� N rn Re m eipt Showing to m &Date Delivered .a R < D m,& r 's JR�eptypw f1O0 D TO AL Postage & Fees $ a Special Delivery Fee Restricted Deliveryi Nm Return ReceiptWhom&a ReNm a < Date, Addressees Ar,\ O TOjAL f>&.pgp,& Fees $ 0 9 478 8 rice or Certifie ,overage Provic Z 088 478 886 -Va US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for Intematinnal Mail (Qee ravnrccl "ells 1v -A -a— Pyorce,st,&zlP'r� N7 ltd I Postage $ Certified Fee Special Delivery Fee Restricted De' Vie_ N Ret R l -�O 8 Date Delivers .a eWm Slwwng to Wfam, FostrNanc or i�p� Sent to I e4z\ La; -S4 -.j Street& Number 50 S r1V ad �F8 F�9 Office, State, & ZIP Code I il'..)V ( l Postage $ Certified Fee Special Delivery Fee Restricted Delivery Fee N Return Receipt Sho - Whom & Date } {-j r 16) $ Ream Recei mi < Date, & Ad sans Address 0 TOTAL ostapL s $ - m Postma or Date y� \\` Q- Q- \ cted Delivery Fee Restri 0 on Return Receipt (�j ��.•j 4J/�•., Whom&Da .� ReNm Rec' to Wh=, < Date, 8 Adilreliseas Address I\ ' O e TOTAL ostGo - Pos ai or Date "ells 1v -A -a— Pyorce,st,&zlP'r� N7 ltd I Postage $ Certified Fee Special Delivery Fee Restricted De' Vie_ N Ret R l -�O 8 Date Delivers .a eWm Slwwng to Wfam, FostrNanc or i�p� COUNTY OF SUFFOLK STATE OF NEW YORK ss: PLANNING BOARD OFFICE TOWNOFSOUTHOLD I.EGALNOTICE Patricia C. Lollot, being duly sworn, says that Notice of Public Hearing she is the Production Coordinator, of the TRAV- NOTICELSHEREBYGIVEN ELER WATCHMAN, a public newspaper printed that pursuant of theArticle own of, at Southold, in Suffolk County; and that the no - the code of the Town of, Southold, a public hearing will' tice of which the annexed is a printed copy, be held by the Southold Town has been published in said Traveler Watchman Planningl3oard attheTownHall, once each week for Main Road, Southold, New York in said Town on the 14th day of ..................................... /............................... weeks September, 1998 on the question of the following: successively, co encing on he ...�U.......... 7:35 P.M. Public hearing for the proposed site plan waiver for224� S & L Irrigation, m Southold, day of .......N,:; ..'y ................ .. ,19..... Town of Southold, Countyof Suf- folkState ax M York.uf- ..:•!/................... folk County Tax Map Number...............�""" "" 1000-59-3-19. The property is bordered on the north by land now or formerly Sworn to befor e this.......1 ............day of of Ellen Larsen; on the east by County Rt. 48; on the south by > �2 (tz 1 y„�� Kenney's Rd.; and on the west ...... """"”" "' ""' by land now or formerly of Tho- mas and Noreen Hamlin. Dated: September 4, 1998 BYORDEROFTHE ...............' ` ...... SOVTHOLDTOWN Notary Public PLANNINGBOARD BennettOrlr Chairman BARBARA A SCHNEIDER IX-9/10N8( NOTARY PUBUC, State of New York No. 4806846 Qualified in Suffolk Coi Commission Expires ?/3 1/.1060 3bl.tbold Town Plartfiiig Board. 0 0 Southold Town Planning Board Notice to Adiacent Property Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold for a site plan waiver. 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: Proposed site plan waiver for S & L Irrigation, SCTM#1000-59-3-19, located on the corner of Kenny's Rd. and County Rt. 48. 3. That the property which is the subject of this application is located in the LB zone. 4. That the application is for a 1000 sq, ft. office building and a 2,500 sq, ft. storage and warehouse, for an irrigation business, in an existing building. (See enclosed plan.) 5. That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. Or, if you have any questions, you can call the Planning Board office at (516) 765-1938. 6. That a public hearing will be held on the matter by the Planning Board on Monday, September 14, 1998 at 7:35 p.m. in the meeting hall at Southold Town Hall, Main Rd., Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in the Traveler Watchman published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owners Name(s): Date: i 0 Notice of Hearing A public hearing will be held by the Southold Town Planning Board at Town Hall, 53095 Main Road, Southold, New York, concerning this property: OWNER(S) OF RECORD: SNL, LLC NAME OF APPLICATION: Site plan waiver for S & L Irrigation REFERENCE/TAX MAP #: 1000-59-3-19 SUBJECT OF HEARING: the application is for a 1000 sq. ft. office building and a 2,500 sq. ft. storage and warehouse, in an existing building. TIME & DATE HEARING: Monday, September 14, 1998 at 7:35 p.m. If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the hearing during normal business days between the hours of 8 a.m. and 4 p.m. PLANNING BOARD — TOWN OF SOUTHOLD — (516) 765-1938 PLANNING BOARD MEMBER BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD September 2, 1998 Robert Leonard S & L Irrigation P.O. Box 414 Southold, NY 11971 PLANNING BOARD OFFICE TOWN OF SOUTHOLD RE: Waiver Request 41425 Route 48, Southold SCTM# 1000-59-3-19 Dear Mr Leonard, 0 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 The Planning Board has received your waiver request regarding the above referenced property. The Board will review it at their September 14, 1998, public meeting. As discussed with you at the Board's work session on August 31, 1998, you will place a ten foot wide evergreen buffer consisting of six foot evergreens staggered ten foot on center across the rear (north) side of the property and on the east side to the end of your proposed fence. Please show parking calculations and parking spaces in addition to the above mentioned buffer on a survey of the property. A copy of this survey containing the above information should be brought to this office by noon on Friday September 4th. 0 0 If you have any questions, or require further information, please contact this office. ely ✓ o ert G. Kassner Site Plan Reviewer cc: Edward Forrester, Director of Code Enforcement ��ev r2K ' O e IRRIGATION VDu1 Cox Lane Industrial Park, Unit 13 Cutchogue, NY 11935 516- 4 • FAX 516-76*0559 7c, S -6 XIro Sept. 4, 1998 Planning Board Town Hall 53095 Main Rd. Southold, N.Y. 11971 Re: Waiver Request 41425 Route 48, Southold SCTM # 1000-59-3-19 Dear Members, Enclosed, please find a copy of our survey showing the ten foot wide evergreen buffer, the proposed fence and the parking spaces as we discussed at the Board's work session on Aug. 31, 1998. S'V,Zr����. Robert C. Leonard Secretary & Treasurer S&L Irrigation encl. ndh/RCL P r i� �Lr „4 1998 L,outhold Town Planning Board • Dateyk% -i h Y Bennett Orlowski, Jr., Chairman Southold Town Planning Board P.O. Box 1179 AUG 27 1998 Southold, NY 11971 Southold Town Dear Mr. Orlowski: Planning Board I would like to request a waiver of site plan requirements. The following data is provided for your review: Tax Map # 1000- 'meq - 2> " 19 Location of Project (street address and distance, E,S,N,W, relative to nearest intersection, hamlet) W • Brief Description of project and reason for waiver request (square footage of existing building area and how it will be used; e.g. 4,000 sq. ft. total, 2500 retail, 500 storage, 1000 office space). - - - - - I 1 - Existing and proposed uses dirc�i �r_�are�.dys� . .i Lot are Name Zoning District -�Parking required anter/Owner? c -Ai ,2 r If renter, attach owners permission to pursue this inquiry). Address P, 0 - Phone -)&T- & `r& Please attach a survey or sketch of the property, at a 1' to 20' scale, showing the location of all existing and proposed buildings and required parking spaces, for all uses proposed and existing on site. Show which buildings will have which use. ff you need any additional information, or have any questions, Please contact Robert G. Kassner, Site Plan Reviewer, at (51 6) 765-1938 .P APPLICANT • TRANSACTIONAL NISCLOSORR PORN YOUR NAME: {—Y1n(1CJ_CA iLast name, first name, middle initial, unless you are applyinq In the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NATURE OF APPLICATION: (Check all that apply.) 'Pax grievance Variance Change of zone Approval of plat Exemption from plat or official map Other (If "other," name the activity.) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? -Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO If you answered "YES," complete the balance of this form and date and aign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply), A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant Is a corporation); B) the legal or beneficial owner of any interest in a noncorporate entity (when the applicant Is not a corporation); C) an officer, director, parl,ner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELW'rloNsm p Submitted LILLs .2(R day f:K�l gq d SiUna t.0 re �� A _ TIMI ff 1`rl nl; name_ 6 �'C /—G O rAc"rJ c SUFE CO.TAX MAP DATA :10(X -59-3-f9 t.•aIDDL� ROAD C.R•48 MAP OF PROPERTY SU RNEYE D Fo e EPNEST- A- RIEGER�J . � rnsicrat L t 0 l6 i .. �mrtn a-erq and (p EJ¢,��fc2n5 � (•-L.:ra ro : d7tional N. 8 02 IOnE. C ��O d y131.30 aM a IU4"uwd Pqf� WcpoSEA Q �_ � . 6 O For, rP- 0 9 Ld d Q<��a.LP.`� G J� In 4- Y eX64"A9 CNr6 Cu+ s eM£R31 z; �@ 9`sp,. ARC 108.0 {�AD.•1957.8b c SUFE CO.TAX MAP DATA :10(X -59-3-f9 t.•aIDDL� ROAD C.R•48 MAP OF PROPERTY SU RNEYE D Fo e EPNEST- A- RIEGER�J RR1fiAT�QN P.O. Box 414, 41425 Camty Road 48 Southold, New YQ* 11971 SCALE" D'IRON PIPF- ✓H IPF- -, T`i' c1�',�.r'-Yt _'�:� I l E- iV :����, J;� .� _- J y'. ' N�`!E2 . � rnsicrat L t 0 l6 i .. �mrtn a-erq and end 24:I:a. (•-L.:ra ro : d7tional i:`J25 CI9 � If^'r it.cttWGaoi tranY,@fahy aM a IU4"uwd RR1fiAT�QN P.O. Box 414, 41425 Camty Road 48 Southold, New YQ* 11971 SCALE" D'IRON PIPF- ✓H IPF- -, T`i' c1�',�.r'-Yt _'�:� I l E- iV :����, J;� .� _- J y'. ' N�`!E2 Thomas J. cCarthy Real Estate, Inc. 46520 Route 48, Southold, New York 11971 (516) 765-5815 (5 16) 765-5816 FAX Southold Town Attorney Southold Town Hall Route 25 Southold, NY 11971 September 12, 1997 Hello, Please let this letter serve as a request for a written clarification of the Town Code in relation to a specific use. . I represent a local irrigation company that is Iooking to relocate their operation. I would like to know what specific Zones that they can relocate to, and construct a building in which to operate their business legally in the eyes of The Town. If they were to diversify and go into the nursery business and/ or landscaping business, would this have an effect on the required zoning? I am available at your convenience to discuss any of the details that you feel are pertinent to this issue. Your speedy reply is appreciated. Thank you for your time and attention to this matter. M . Vr Thomas 7. McCarthy PRESIDENT t;vi/m=anage irrigation NIT. I I —