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HomeMy WebLinkAboutPB-02/08/1999PLANNING BOARD MEMBEr' BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD Town Hall, 53095 Main Road P,O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Present were: MINUTES February 8, 1999 Bennett Orlowski, Jr., Chairman Richard G. Ward G. Ritchie Latham Kenneth Edwards William Cremers Valerie Scopaz, Town Planner Melissa Spiro, Planner Robert G. Kassner, Site Plan Reviewer Martha Jones, Secretary Mr. Orlowski: Good evening. I'd like to call this meeting to order. The first order of business, Board to set Monday, March 1, 1999 at 7:30 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. Ail those in favor? Ayes: Mr. Orlowski, Mr. Ward, Mr. Latham, Mr. Edwards, Mr. Cremers. Mr. Orlowski: Opposed? Motion carried. PUBLIC HEARINGS Site Plans: Mr. Orlowski: General Wayne Inn - This proposed site plan is for the expansion of an existing kitchen with second floor storage on a 3.085 acre $outhold Town Planning Board 2 February 8, '1999 parcel, in Southold. SCTM# I000-89-3-1.1. Garrett Strang: Good evening everyone. Just a quick overview of the application. Essentially this is an application for an amended site plan. It was previously a site plan submitted and approved by this Board in 1983 for the 188 seat restaurant use with 44 cars of parking. Basically, as part of our application at this point in time the seating remains the same at 188 seats - there is no proposed change in that at this time - as well as the parking that remains as is, for the 44 cars. The nature of the expansion is strictly for the service kitchen area of the restaurant and does not in any way enhance or intensify the use of the property. Basically we are bringing the kitchen up to today's standards as far as the way it should be operating and what was outdoor walk-in storage facilities and coolers and lockers and things of that nature, are now going to be part of the building, so they're accessible from indoors. That's pretty much the extent of what we're doing there, so if there are any questions from the Board, I'd be happy to address them. My client, Mr. Rossi is here as well and may also want to say something to the Board at some point. Mr. Orlowski: OK. I'll ask if there are any other comments or questions on this? Raymond J. Akscin: I have a question. I'm here because I'm an adjacent property owner and I'm here on behalf of my father also. We have some interest now that the General Wayne Inn is going to become active again, and from what I understand they are going to be having wedding receptions and outdoor parties and such. Mr. Rossi has cleared a lot along his property lines and we're wondering if there is going to be any required screening or buffer because now this has all been removed and it's very open to us. And now we have a business property in a residential area, which has always been a business property, but there was a lot of screening and it has all been removed and we were kind of requesting that the Planning Board review this and make sure there is some type of buffer so there is not such a vast visual impact when there are outside activities going on and also some type of sound barrier. Mr. Orlowski: OK, any other comments? Vince Rossi: I'm the owner of the General Wayne. We cleaned the property and got rid of about six, 30 yard containers of debris and many more containers of metals that were just thrown. So the rubbish and debris, we Southold Town Planning Board 3 February 8, 1999 got rid of all that. A lot of the buffer were trees that were overgrown or half dead because of vines that were overgrown. We plan on grassing it out and once we get it into a form where we can handle it, we do want to encloseit to some degree with an arborvitae or things of nature that would beautify but also buffer it. $o, we've got to get a little chance to set it up now that we've cleaned it, and that's what our intentions are. Mr. Orlowski: Is that on the site plan Bob? Mr. Kassner: The buffer? No, we were going to address that though. Right now it is not. Mr. Strang: If I may make one more comment with respect to that, again with approaching this from the point of view that there was an amended site plan, or there was a site plan approved and we're looking to amend it but without intensification, this is for the Board's information - I think it's pretty well known, generally anyway - that this is the first phase of a multi-phase project. There is the intention to do additional work on this building in the future. At that point in time, certainly we'd be back before this Board with another site plan amendment to further enhance whatever is needed to be done with respect to code requirements and this Board's preferences with respect to additional buffering, landscaping, shielding, or whatever was required at that time, based on the new expanded use to the building. So, at this point in time, everything is pretty much remaining as it was as far as traffic flow, number of seats, parking and the like. And just for your information, what's been removed was basically scrub and scruff that was just overgrown, thorn bushes and the like that were unmaintained for quite a few years and just went crazy. I don't know that there was anything there that could be considered "a buffer" be it natural or planted and planned previously, so I just wanted To cai that to the Board's attention. Mr. Orlowski: Well, the Board -since you've taken out some of this buffer or screening or whatever you want to call it - is going to want to see that screening put back to even approve this amendeC~ site plan, or whatever you want to call it. Mr. Strang: There was no formal screening plan, planting plan, or whatever, that I'm aware of ever approved previously that we could go back and say, Southold Town Planning Board 4 February 8, 1999 OK, well this is what was originally there, we'll reinstate it or re-plant it based on what was originally approved. There wasn't anything ever apProved as far as that goes. Mr. Orlowski: OK. Mr. Ward: Was the width of what was taken out, as much as it was scrub and everything else, if it was just grown up it may have acted as a buffer. I haven't seen it except from the front. If that's been removed then it's going to be an impact on the neighbors that previously have had a buffer, so you can't do this phase without leaving a buffer. The other question that I would have is that at this point are you talking about outdoor affairs there? Mr. Rossi: Yes, lawn parties. Mr. Ward: So, what would be the mitigation to the neighbors in terms of noise levels? What are we doing to address that? Mr. Rossi: Well, we certainly wouldn't go beyond a certain hour, and there will be no loud music, I wouldn't allow it. I can't stand it myself. Mr. Ward: Will there be music outside? Will there be bands outside? Mr. Rossi: Well, yes. Mr. Ward: Then we have a question of how you're going to mitigate that? Mr. Rossi: I don't know what you mean by that. Mr. Ward: How are you going to take care of that addressing it with the neighbors? Mr. Rossi: As far as the neighbors? I don't know, how am I supposed to do that? Is there a noise code or a sound code in the town? t'm not aware of any. And if there is, we'll comply. Mr. Strang: Again, I think that the point being is that what is intended to be as a continuation of an approved use as it always functioned, the General Wayne had lawn parties, had outdoor parties, had bands and the like outdoors on the patio over the years. And we're not looking to do anything different from what was already ongoing at the facility for years in the past. Certainly, if there is a need to address an issue we'll be more than Willing to Soul:hold Town Planning Board 5 February 8, 1999 do what needs to be done. But we don't want to do something now only to tear it out again in two or three years from now when we move into the next phase and have to re-landscape and come up with a plan that's in keeping ... a landscape plan, a planting plan and if you want a noise insulation plan, that would be in keeping with the project at that time, as opposed to what's there now and what has always been. Mr. Akscin: I've lived here longer than they have so, yes there was briars and scrub there, but there was also large maple trees and large cedar trees and they were somewhat entangled but it was a screen and we had a screen that was 25 feet tall on the average, so it was no little hedgerow. It was an effective block and noise suppressor. And this is what I'm interested in because we are to the north of Orchard Lane. Now, Mr. Rossi has removed everything along the south of Orchard Lane. He doesn't own Orchard Lane, that's a right-of-way, so I can't see why there would be a problem planting anything along Orchard Lane. Mr. Rossi: There isn't. Mr. Akscin: That's why I'm here asking. Mr. Rossi: No, there's no problem with that if that's what you desire, have neighbors, I want to keep the neighbors happy. Mr. Orlowski: Well, we don't have Health Department yet so that will give a chance for Bob, our site plan reviewer, to review the site again and take a closer look at what may be needed for the buffer or screening or whatever it may be. Also, since we don't have everything, we could keep the hearing open. Any questions from the Board, any comments? Mr. Latham: The 1983 site plan that they're basing this on? We have an approved site plan? Mr. Kassner: Yes. Mr. Orlowski: Does the Board have any other comments? At this time since we don't have Health Department, Ithink we should probably just keep the hearing open until Bob can go over it and take a closer look at What is going on down there. We seem to have a lot of things cleaned up or cleared up. We're not sure which one, but we'll take a look and see. Mr. Rossi: I think Mr. Kassner was there today. I gave him the tour of the land and he saw what we cleaned up. He pretty well saw the debris that has Southold Town Planning Board 6 February 8, 1999 been removed that's now clean. Mr. Orlowski: Well, the Board just got here tonight so we haven't had a chance to talk with Mr. Kassner or review anything and we might take a look ourselves. So, I entertain a motion to keep the hearing open. Mr. Latham: I move that. Mr. Ward: 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. Hearings Held Over From Previous Meetings: Mr. Orlowski: Eleanor $ievemich - This minor subdivision is for 2 lots on 3.7648 acres located on the east side of Cox Neck Rd. in Mattituck. SCTM# '1000-'1'13-8-5. What's the pleasure of the Board on this? There's ongoing litigation and we have no answers yet, so... Mr. Ward: Mr. Chairman, I'd like to offer the following resolution. BE IT RESOLVED to hold the hearing open due to litigation which is pending in the Supreme Court. The next Planning Board meeting is scheduled for March '1, '1999 at 7:30 p.m. 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: Richard Reinhardt - This minor subdivision is for 3 lots on Southold Town Planning Board 7 February 8, 1999 20.3995 acres. Proposed lot #1 is for 16.6060 acres of which 14,6060 acres are pending the sale of the development rights. The proposed subdivision is located on the northeast side of Alvah's Lane, 2873 feet north of Main Rd. in Cutchogue. SCTM# 1000-t02-4-5. We're still missing Health Department on this. Mr. Ward: Mr. Chairman, I'll offer the following resolution. BE IT RESOLVED to hold the hearing open pending receipt of Health Department approval. The next Planning Board meeting is scheduled for March 1, 1999 at 7:30 p.m. 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. Odowski: Opposed? Motion carried. Final Extensions: Mr. Orlowski: Peconic Landing - This application is to amend an approved site plan for construction of 118 single family detached cottages; 132 apartment units; 24 unit assisted living center; and a 32 bed skilled care center with supporting amenities. SCTM# 1000-35-I-25. Mr. Cremers: Mr. Chairman, I'll offer the following resolution. BE IT RESOLVED that the Southold Town Planning Board grant a six month extension of conditional approval from February 28, 1999 to August 31, 1999. Conditional final approval was granted on August 31, 1998. Mr, Orlowskh Before we go on, you wouldn't have anything to bring us up to date on what's happening with sewer and water and other things on this project? Terence Lewis: The reason for the extenSion is we're still waiting for a will serve letter from the mayor of Greenport, relative to our agreement in the purchase of the property, that as you might know has been in court a couple Southold Town Planning Board 8 February 8, 1999 of times and we received positive decisions from the court both times, but we're still pending a final will serve letter. Mr. Cron, their attorney, was unavailable to come to a meeting that was called by the judge a couple of weeks ago, but since that time indicated that he's willing to get together to go forward with this, but we're still affectively waiting for the will serve letter. That's basically the reason for the extension. Mr. Orlowski: That's for the sewer? Mr. Lewis: Right. Mr. Ward: This particular motion is for a six month extension. What do you feel is your time table on this to get this resolved? Mr. Lewis: We feel that we can resolve it at any point in time. All we're primarily waiting is for him to issue the will serve letter. The Department of Health is waiting for the will serve letter and will issue final approval. So it's sitting with Mayor Kapell's office at the present moment. We're ready to close on the property and move forward, but due to this situation with the court case between LBV, the owners of the property, and the mayor, relevant to the sewer issue - and that had to do with payment back and nothing to do with the sewer itself. Mr. Ward: Bob, is there anything else pending at this point? Mr. Kassner: Yes, quite a few things pending We have the archeological phase II, which may encompass a phase III in the area that's west of the pond where they found artifacts. We had the DOT requesting four lanes and, as you know, Valerie is working with the DOT for the traffic circle, so we have to have closure on that We have to have a drainage review, and there are other things. We have no DEC permit yet, but that's close I understand Mr. Lewis: They're all close Bob. The archeological report was filed back in December with the state. In their own guidelines they're supposed to respond within thirty days Mr. Greenhouse who did the study has been calling the state regularly since the report was due on the 31st. We flied it on the 22nd of December. They actually logged it in on the 51st of December, and as of today I had a call late this afternoon, the parties are still trying to talk to each other, gut we're just waiting for resolution, but the study is fully done. The site Bob referred to is a small portion of the property that involves where we wi put two of the cottages out of the 118, so it's a very smal portion. Southold Town Planning Board 9 February 8, 1999 We're willing to do that study; we're just waiting for the DEC to take action relative to...and the DOT as Bob mentioned, Valerie is quite aware of that and so is Bob. We've complied with all of their desires and needs and they'rejust asking continually for more drawings and more reports and we continue to update those. Mr. Orlowski: OK, any other questions? I have a motion made and sec°nded. All those in favor? Ayes: Mr. Orlowski, Mr. Ward, Mr. Latham, Mr. Edwards, Mr. Cremers. Mr. Orlowski: Opposed? Motion carried. SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Lead Agency Coordination: Mr. Orlowski: North Fork Bank - This proposed site plan is for a 7,'100 square foot storage addition to an existing office building, in Mattituck. SCTM# '1000-'122-6,20 & 22. Mr. Cremers: Mr. Chairman, I'll offer the following resolution. BE IT I~ESOLVED that the Southold Town Planning BOard start the lead agency coordination process on this unlisted action. 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. Mr, Orlowski: Hellenic Cabins - This proposed site plan is to reconstruct and modernize existing cabins located on a '1.520 acre parcel; in East Marion. SCTM# '1000-~;5-2-'14. Southold Town Planning Board 10 February 8, 1999 BE IT RESOLVED that the $outhold Town Planning Board start the lead agency coordination process on this unlisted action. Mr. Cremers: Second the motion. Mr. Latham: Before we vote, I have a question. Reconstruct and modernize these cabins, is that what's going on or is it to make new cabins? Mr. Orlowski: New cabins. Mr. Latham: Not "reconstruct and modernize these cabins". Mr. Orlowski: It probably should just be construct. Mr. Latham: Ijust thought it's a question. That's what I understood. Mr. Orlowski: Probably could be worded different. Mr. Latham: We ought to put what it is. What it is is the motion. Mr. Kassner: Why don't we say reconstruct and modernize? Mr. Latham: We're not going to reconstruct, we,re going to build new, aren't they? Mr. Orlowski: Yeah, we're going from cabins to attached buildings. Mr. Latham: Well, let's say what it is. I have nothing against doing it, let's just put down what is really going to happen. Not reconstruct, just construct. Mr. Orlowski: Exactly. Mr. Ward: Can we change that to: This proposed site plan is to construct cabins, located on a 1.520 acre parcel? Mr. Orlowski: Yeah, we,II change that in a minute in the agenda. The motion is to start lead agency coordination. Mr. Edwards: That's the motion I made. Mr. Orlowski: Yes, motion made and seconded. Any questions on the motion? All thOse in favor? Southold Town Planning Board 11 February 8, 1999 Ayes: Mr. Orlowski, Mr. Ward, Mr. Latham Mr. Edwards, Mr. Cremers. Mr. Orlowski: Opposed? Motion carried, have nothing left on my agenda. Would anybody like to say anything for the public record? We're going to go into a work session now, after we adjourn. Hearing no comments, I'll entertain a motion to adjourn. Mr. Latham: So moved. Mr. Cremers: 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. There being no further business to come before the Board, the meeting adjourned at 7:55 p.m. Respectfully submitted, Martha A. Jones Penn~tt Orlov~ski, ~1~.[ Chairman./ /