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HomeMy WebLinkAboutPB-03/01/1999PLANNING BOARD MEMBEI~ 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: Absent: MINUTES March q. 1999 Bennett Orlowski, Jr., Chairman Richard G. Ward Kenneth Edwards William Cremers Metissa Spiro, Planner Robert G. Kassner, Site Plan Reviewer Martha Jones, Secretary G. Ritchie Latham Valerie Scopaz, Town Planner Mr. Orlowski: Good evening. I'd like to call this meeting to order. The first order of business, Board to set Monday, March 22, 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. Alt those in favor? Ayes: Mr. Orlowski, Mr. Ward, Mr. Edwards, Mr. Cremers. Hearings Held Over From Previous Mcctings: Mr. Orlowski: Eleanor Sievernich - This minor subdivision is for 2 lots on 3.7648 acres located on the east side of Cox Neck Rd. in Mattituck. SCTM# 1000-113-8-5. The hearing is still held open. believe there is some litigation going on in this subdivision, so, is there anyone here that has any comments right now on this? If not, I'll entertain a motion to... Sour:hold Town Planning Board March I, 1999 Mr: Cremers: Mr. Chairman, I'll 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 22, 1999 at 7:30 p.m. Mr. Edwards: Second the motion. Mr. Orlowski: Motion r~ade and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Ward, Mr. Edwards, Mr. Cremers. Mr. Orlowski: Opposed? Motion carried. Mr. Orlowski: Richard Reinhardt - This minor subdivision is for 3 lots on 20.3995 acres. Proposed lot #1 is for 16.6060 acres of which the development rights have been sold on 14.6060 acres. The proposed subdivision is located on the northeast side of Alvah's Lane, 2873 feet north of Main Rd. in Cutchogue. SCTM# 1000-102-4-5. This too is also waiting for Health Department approval. Does anyone have any comments on this subdivision while the hearing is held open, because I think I'm going to have to keep it held open. Mr. Ward: Mr. Chairman, I'd like to offer the following resolution: Be it resolved to hold the hearing open pending receipt of Health Department approval. Mr. Edwards: Second the motion. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowskii Mr. Ward, Mr. Edwards, Mr. Cremers. Mr. OrloWski: Opposed? Motion carried. Mr. Orlowski: General Wayne Inn ~ This proposed amended site plan is for Southold Town Planning Board March '1, '1999 the expansion of an existing kitchen with second floor storage on a 3.085 acre parcel, in Southold. SCTM# 1000-89-3-1.1. This hearing is held open waiting receipt of Health Department and approval of an acceptable buffer. Does anyone want to make any comments now? Vincent Rossi: Mr. Orlowski, my architect Garrett Strang is a little late. He'll be here in a few minutes. He has something to present to the Board. So if you could just go to the next on your list, then we can get back to it? Mr. Orlowski: OK. Until the architect arrives, we'll hold this in abeyance for awhile. MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES AND SET OFF APPLICATIONS Setting of Final Hearings: Mr. Orlowski: Richmond Creek Farms - Section ? - This minor subdivision is for Section 2 of the Richmond Creek Farms subdivision. Section 2 is for 3 lots on 7.9242 acres. Section I was approved on April 6, lgg8. The subdivision is located on the northwest side of Wells Rd. in PeconJc. SCTM# 1000-86-I-9. Mr. Cremers: Mr. Chairman, 1'11 offer the following resolution. Be it resolved that the Southold Town Planning Board set Monday, March 22, 1999 at 7:30 p.m. for a final public hearing on the maps dated July 21, 1998. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Ward, Mr. Edwards, Mr. Cremers. Mr. Orlowski: Opposed? Motion carried: MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES, SET OFF APPLICATIONS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Determinations: Southold Town Planning Board 4 March 1, 1999 Mr. Orlowski: Laurel Links, Ltd. - This project includes both a subdivision and site plan application. The subdivision application consists of a proposal for 31 lots on a total of 222.85 acres, located in Mattituck. The site plan application consists of a proposal for a not-for-profit golf course which is to be located on Lot 30 and for a golf course maintenance area which is to be located on Lot 31. The golf course includes: a clubhouse, parking, a pool, tennis courts, maintenance buildings, a pump house, a halfway house and a Superintendent's plot. SCTM# 1000-125-3-13, 15, 17, SCTM# 1000-125-4- 21, 24.1 and SCTM# 1000-126-7-I. Are there any comments on this right now? Does the Board have any pleasure on this in regards to SEQRA? Mr. Ward: Mr. Chairman, I'd like to offer the following resolution. Be it resolved that the Southold Town Planning Board adopt the February 1, 1999 enwronmental report prepared by Charles Voorhis. The Planning Board is adopting the recommendations included in the report in addition to the Additional Comments dated March 1, 1999, and is requiring the preparation of a revised EAF Part III. 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. Edwards, Mr. Cremers. Mr. Orlowski: Opposed? Motion carried. SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Lead Agency Coordination: Mr. Orlowski: Hay Harbor Club - This proposed site plan is for the demolition of an existing 2,776 square foot golf club house and the construction of a 3,136 square foot golf club house on a 34.8 acre parcel on Fishers Island. SCTM# 1000-9-12-8.1. It was put on the agenda, but as yet we do not have a site plan. Is there anybody here representing Hay Harbor? Mr. Edwards? Mr Edwards: I see no point in starting lead agency. I think we should hold it Southold Town Planning Board 5 March I, 1999 over, until we have some kind of a plan. Mr. Orlowski: OK, then we'll hold that one over. Mr. Orlowski: It's been pulled from the agenda. Lead Agency Designation: Mr. Orlowski: North Fork Bank - This proposed amended 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 resolved that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, establishes itself as lead agency, and as lead agency makes a determination of non-significance, and grants a Negative Declaration. Mr. Edwards: Second the motion. Mr. Orlowski: Motion made ant seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr, Ward, Mr, Edwards, Mr. Cremers. Mr. Orlowski: Opposed? Motion carried. APPROVAL OF PLANNING BOARD MINUTES Mr. Orlowski: Boarc~ to approve the January 25, 1999 minutes. Vlr. Cremers: So moved. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. All those in favor? Ayes: Mr. OrlowskJ, Mr. Ward, Mr. Edwards, Mr. Cremers. Mr. Orlowski: Opposed? Motion carried. That's all I have left on my agenda, Southold Town Planning Board 6 March 1, 1999 so in regard to the General Wayne Inn? Mr. Rossi: We have, since our last meeting, we have found a certificate of occupancy dating back to 1974 which, if I could pass a copy to you, it indicates at that time, Mr. Niorkus (?) who owned the building under the (inaudible) corporation, it indicates at a pre-existing building, a certificate issued for a hotel, a restaurant and rental of rooms, dating back to 1974. We just received today, an approval from the Board of Health on the site plan that was submitted - the same one the Planning Board has received. So, the site plan has been approved by the Health Department. And we also have existing at the time, between 74 and 82 - on the Robol administration, a certificate of exception which at that time included...put the whole property into one piece, by a letter of exception and a motion of exception, and at that time the whole property was put into one property. My attorney has ferreted it out and he is now going to put it so that it could be presented to the Board. That's about all I have. Mr. Strang had to deliver to the panel tonight, or the Board, was on the last meeting I indicated that we would put up some kind of a buffer zone. And he was putting on paper exactly that, to indicate delineation of foliage along Orchard Lane and part of the next...l forget the name, but it's the end road. And we're going to have foliage cutting around that corner. So, that was part of the agreement, plus the fact that as part of a buffer we were anticipating the...we were going to put in a fence on part of the property running along the parking lot along the terrace, which what was buffer, to that side of the property. And that's what we plan on doing. Mr. Strang has the plans. I don't know where he is. Mr. Orlowski: You say you have Health Department approval? Mr. Rossi: Yes, I have it here if you'd like to see it. As a matter of fact, a copy should go to you. Garrett Strang: As. you're now aware, we've just submitted to Mr. Kassner the final endorsed plan from the Suffolk County Health Department. In addition to that, earlier today we had provided the Board with revised plans which incorporate the screen planting that t understand was suggested at the last work session, and that's now denoted on the drawings. It's my understanding, and correct me if I'm wrong, that that was the last of the outstanding issues that t~e Board was concerned with Once again, reiterating the fact that we're looking at an amended site plan for a minimal change to the building, which is specifically dealing with the Kitchen. That Sour:hold Town Planning Board 7 March 1, 1999 there is no change in the use of the site, there is no change in the occupancy. There is no change in the parking or the number of seats in the dining area of the restaurant, from that which was previously approved by this Board. So, in our opinion, it should be a pretty straightforward application. Any questions the Board may have, we'd be happy to address. Mr. Ward: There happens to be a storage building or trailer that was put in at the site? Mr. Strang: I don't believe that's there as yet, I believe that's something that's been proposed by Mr. Rossi. That's not on site yet, is it? Mr. Rossi: It's not on site because pending the approval here, then that will be put on site. So that people understand, that is not a trailer. It is a container which will be used for storage. At times you have catering, so you have the dining room furniture put in there. When you're doing the dining room, the catering furniture would be put in. It's strictly for storage, and it will be in the way of the restaurant and it will be closed in. Mr. Ward: So, it won't be visible? Mr. Rossi: Not really. We're putting in partial fencing around it so it won't be obtrusive, it won't be sticking out, we'll pick a nice color if necessary. So really it's just strictly for use of the restaurant, back and forth between the catering inside and the restaurant inside. Mr. Ward: Mr. Strang, was this something that was presented on the plans? Mr. Strang: It's been on the plans, I believe from the very beginning. It shows... Mr. Ward: So Architectura Review took a look at this? Mr. Strang: It was on the plans and Architectural Review addressed it but I don't recall in my conversations with them that they ever addressed it specifically. They were more interested in the actual appearance of the addition to the building. Mr. Ward: So you won't see this...l'm missing... Mr. Strang: From the road? If you have the plan there I can find out where it's located on it. $outhold Town Planning Board 8 March 1, 1999 Mr. Ward: So it's not part of the building and it's not... Mr. Strang: Essentially, this is Cedar Beach Road, this is Orchard along here, this is the kitchen renovation we're talking about doing. It sits right in this area, and there's a fence... Mr. Ward: And the Architectural Review didn't look at it? Mr. Strang: They didn't have any comment on it. Mr. Ward: Did they see it? Mr. Strang: Well I'm assuming they did. They were talking primarily about the front view of the building and the side view of the building. They never really addressed the rear of the building at all. Mr. Ward: So it doesn't matter what goes in the back? Mr. Strang: That's something that would have to be addressed with ARC. Mr. Ward: You're saying it hasn't though? Mr. Strang: It hasn't specifically been addressed in the correspondence that I received from ARC. They were more concerned with the building itself, as opposed to this container. Mr. Orlowski: Is that it guys? Mr. Strang: I don't know that I have anything else to add at this point. Again, our position is that what we're ooking at what we believe is a relatively straightforward application, We're still in accordance with all the previous requirements of the Planning Board's approval back in, I think it was '87 and nothing has changed along those lines other than the fact that I guess in my client's attempt to try and get the property to look a lot better than it had he did some removal of some brush and some overgrown vines and things like that which I guess was not to the likes of the neighboring par~ies and has agreed to put in this screen buffer to re-establish any privacy that may have been compromised by trying to clean up the site. Mr. Orlowski: OK, any other comments? Frank Cieplinski: My name is Frank Cieplinski and I live at 720 Orchard Lane. was interested in some of the comments tonight, especially Mr. Ward who Southold Town Planning Board 9 March 1, 1999 had referred to some of the plantings in the back of this item that you're talking about. I guess my concern is that I live in Connecticut. Having read the Suffolk Times and seeing all these letters in the letters to the editor and things like that, but what really is going on there -- we can in about 3 or 4 weeks ago and saw how everything had been completely cleaned out over there. I think it was more than just briars and some overgrown shrubs. There were some real nice trees that were there. It acted as a very nice buffer for our house. Now to see everything wide open I was very much surprised. Now I understand from what I've heard tonight that there was some kind of plantings that are to be going on in there, I'm not sure what those plantings are; I at some point would like to see that. I'm not sure whether this is the proper forum or not, but I was also interested in the amount of parking that is available for that particular place, for General Wayne Inn. Is this the proper forum for it? Mr. Orlowski: Yes. Mr. Cieplinski: How many places is he allowed to have there? Mr. Kassner: 40 parking spots were granted with the previous site plan review that goes back some time. That was deemed adequate for the, I think it was 188 seat catering and restaurant facility. Mr. Cieplinski: I guess my concern, from what I've heard there was a business zone and in back of him there is a resident zone. Mr. Kassner: That's correct. Mr. Cieplinski: My concern now is that having come in yesterday from Connecticut seeing al these stockpiles of gravel up there, whether there are any intentions of Mr. Rossi of putting some kind of a parking lot in the back there Number two, the rumor's going around that there are going to be some ~ents going up and that there are going to be some outdoor activities going on I don't know whether, again, the Planning Board is responsible for that or if somebody else is responsible for the noise, and things like that. But again, think I was concerned about the parking, whether they can use some of the residential area for that parking -- seeing all of this gravel out there -- what their intentions are. I have some grave concerns because everything is wide open r~ght now. Mr. Orlowski: OK. Any other comments? Southold Town Planning Board 10 March 1, 1999 John Wisman: My name is John Wisman and I live next to the inn, I guess southwest of it, since 1957 with my family, and I'd like to address the buffer zone. I can see all these people's houses now which I couldn't see in all these past years. And I went over and looked at some of those trees and indeed t counted 75 growth rings on one of those little shrubs and vines. But I'm concerned that a buffer zone be added on then, the road that's officially called Private Road. It's to the southwest of the inn, about five houses down. That wasn't in the report we just got. There was a tremendous buffer zone there which is about 95% or more removed. Much of it was large trees, some of those I had planted with the previous owners permission back, I'd say in the early 60's as a snow fence - big cedar trees. So they had been pretty old. They're all gone. The other concern is over their past history we've Peen in court - several neighbors - with the inn, over outdoor music with prewous owners Way back when Mr. Tuthill was the Town Justice, and he forbid the inn to have outdoor music, as we each told of all the complaints and calls to the police. think that lasted until the new owner -- there have been several new owners and we've 13een to court with some others and you keep thinking that it's settled and that it's sold and there's a new owner. And it turns out there was never any way that outdoor music could be presented there without being a public nuisance. The police records will show many calls to that effect. It's been pretty good in recent years, largely because there was no business. But our big concern, this outdoor music -- when you've gone through an afternoon wedding and then go into a whole evening of music you're almost sick with not being able to read and things like that. I'm also speaking for several other neighbors who couldn't be here tonight. But the buffer zone on that Private Road definitely should be added plus any concern for outdoor music of any kind is not acceptable. Thank you. Mr. Orlowski: Any other comments? Bob Gazza: Good evening. I'm Bob Gazza, I live on Cedar Beach Road, which is nght across the creek from the homes that are adjacent to the General Wayne Inn. And I have a couple of concerns, I'll try to be as brief as I can. The first one is, I looked at the plan and it has designated on there existing parking areas. Now to me, I thought existing parking areas ~s something that ~s used consistently as parking area and it appears to me, I haven't really measured anything, but some of those existing parking areas had trees on them not too long ago, a couple of weeks ago, and some brush on them. And one of the existing parking areas that appears to go out on the Southold Town Planning Board March 1, 1999 residential portion of the property is also a very Iow spot where it collects water. And I haven't seen any cars parked there ~n years And ast week, as this gentleman mentioned, I noticed a bunch of -- 7 or 8 truckload of fill dumped there, so t don't know if existing parking areas are about to be built or not, but I have a problem with that. My second concern is the outdoor music. I live about 800 feet from the inn and about 4 or 5 years ago, they had an affair there one night, I don't know if it was a wedding or what it was, but they had an outdoor band. And the band played to about 11-11:30 at night. Now, couldn't sleep, there was no way could sleep. The music was coming right througq the house, into the bedroom. I put the a~r conditioning on, the bass speakers just vibrate the house. And between myself and the inn, I have Mr. Akscin's house and I also had the buffer zone of foliage at the time, so I don't see how a buffer zone and foliage is going to help, especially with the homes that are adjacent. And the third concern I have, it appears to me that any changes in the structure to this inn, or the building of parking lots, is going to infringe upon the rights of all the lot owners in the subdivision Now we went through something similar to this with the community beach area not too long ago. I brought with me a copy. I'd be glad to make a copy for the Board. This is map #90 whic[q was filed on December 20, 1927, by the developer Queens Operators Corp And this map was recorded in Suffolk County Clerk's office. Now on this map the developers showed areas that were put aside for the use, forever, for all residents of the Cedar Beach Park subdivision. Now some of these areas, one is designated community beach, garage plot, tennis court and playground and the land on which the General Wayne Inn sits is marked reserved. Now some folks may say, OK what does reserved mean? So I did a little digging and what 1 brought with me is the sales brochure that was distributed to all potential buyers by the same developer who recorded the subdivision map. Now to me, this sales brochure has all the essentials of a binding contract because it's an offer to potential lot buyers and the acceptance when you buy a tot. On page two of the sales brochure, the developer states that the Cedar Beach Inn is the original manor house of the estate which is now Cedar Beach Park. On page three he states that-- and this is a copy '11 leave with the Board-- "building sites of alt types are available. Nearly all of these border on the bay, inlet or lake. Some are high, some wooded, others enjoy a frontage with a fine beach. But no matter where located, all have he privilege of using the sections reserved for the entire community." Southold Town Planning Board 12 March I, 1999 Then it goes on to say, "these sections are shown on the property map on the rear page." If you look at the property map on the rear page it's a duplication ot: the recorded subdivision map. The legend says, reserved areas, and it shows them as shaded areas. It shows the community beach parcel, the tennis court area and it shows the plot on which the Cedar Beach Inn is this one. So from what I can see, I think that any extensions that would inhibit the use of any lot owners to walk across that property, there are no restrictions of how we can use it. We can play soccer, we can do what we want. Any extension to the existing building will be against the rights -- will infringe on all ot= our rights. Thank you very much. Mr. Orlowski: Unfortunately, I think that's 30 years before the Planning Board was even formed and it was done by deed, and unless everybody down there had a deed restriction on that in their deed that they had use of the General Wayne, but I doubt that would be binding on anything. Mr. Gazza: We did have to go to court on something similar to this on the community beach, and the court ruled that before they could go ahead and put any structures on that property, they needed permission of all the lot owners in the subdivision. And it seems to me it would apply to this also. (change tape)...that if the lot owners do have the legal right to use that property... Mr. Orlowski: Is that in your deed? Mr Gazza: I looked on my deed, the existing deed I have now. It's not on my deed Mr. Orlowski: I doubt if it's on anybody's deed. Mr. Gazza: No, I wouldn't say that, and I'll tell you why, One thing I did find, and this is 1960, I found a declaration that was filed by the Cedar Beach Park Association. And this is recorded also in the Suffolk County Clerk's office. In this declaration, the president of the Cedar Beach Association said...well first of 811 he was planning the right to use all the properties as designated reserved on this map, the community properties. He also declares that not only do members of the association have the right to use these properties, but all lot owners do. And he said, that on said maps and on various public advertisements which we saw here, brochures, photographs, rules and regulations, deeds and conveyances of lots and promises in said subdivision. So, I think if we do a little digging, we'll find some more. That's only my opinion. Southold Town Planning Board 13 March 1, 1999 Mr. Orlowski: Thank you. Any other comments? Raymond J. Akscin: I'm Raymond J. Akscin, adjacent proper~y owner: I have concern with the type of plants that are going to be used for the buffer, and the size. I think all the neighbors there know, as I do, that we have a deer problem in that area and to replace it with a cheaper form of arborvitae or something like that, the deer will eat it up and we'll have no buffer. So, I'm requesting that the buffer be out of plant material that is deer resistant or plants that the deer don't eat, and of reasonable size because I think all the neighbors will tell you that the buffer in that area was 15-25 feet tall. It wasn't small trees and little brush like the property owner would have you believe. Thank you. Mr. Orlowski: Any other comments? Barbara Cieplinski: 720 Orchard Lane. I have a picture of the old buffer. Would you like to see the size, if you haven't seen it. That's the corner of Orchard and Clearwater, the way it looks now and the way it did look. Mr. Orlowski: Any other comments? Vincent Rossi: It seems like there is a lot of confrontation here. My attorney is out of the country right now and if we could move this matter until the next agenda meeting when he can then address the Board with his materials. Mr. Orlowski: Well, this is a public hearing and it's not supposed to be confrontational and everyone has to address the Board and not each other, SO... Mr. Rossi: I'm not challenging that, but I feel that my attorney, Richard Pellicane from Southampton, he's out of the country right now on vacation and if it's possible I would like to shelve it until that meeting when he can then attend the meeting on my behalf. Mr. Orlowski: AIFight, well, I'll ask if there are any other comments? Peter Owen: My name ,s Peter Owen, I'm the owner of the property 1675 Cedar Beach, which is right across the street from the driveway at the General Wayne. In just listening, I too found out about a lot of these things through the papers. I do not ive there all the time, I jus~ ren~ it much of the time. And that is a lot of my concern, we checked it no more than about an hour and a half ago and the buffer's we used to have which was the nice set Southold Town Planning Board 14 March I, 1999 of hedges and several large bushes out in front, we stood in front of the house and just peered right in to the entire property, which I'm assuming the parking lot will be in there. There is not buffering in front of that property. Whether the right is there or not, I'm not sure, but again to' reiterate again my basic concern, my main concern is with others, is the noise. That outdoor music that is going to be permitted, now ill was the owner, I would assume my reasoning would be, yes we're going to have some nice outdoor dancing, maybe a couple of violins and a harp. But once the permits are issued, it always seems like all bets are off and now come in some rock bands and weddings. And these days the ways weddings are always so expensive now, it's not just Saturday afternoons, it's Friday nights and Thursday nights and Sunday nights. So, my real concern is once the permits are issued, what's going to happen in a month, or two months or five months after. Even if limitations are put on it, could they possibly be enforced with a place like that? So again, I don't want to overdo it, but that is my main concern is once it is allowed, then it will just (inaudible). Mr. Orlowski: Any other comments? Frank Lacari: My name is Frank Lacari and 've lived in the immediate area of the General Wayne Inn for the pas[ 15 years. Now, I've got my life's savings in my home ano adjacent waterfront property. And I felt secure that the investment would be protected because ...of course I knew the General Wayne Inn was there, but there was very little' activity, and between the General Wayne establishment and my home, there is a large chunk of residential property that I knew would serve as an ample buffer. Aside from the property, are many trees, shrubs, and hedges around that I felt would be adequate again, to protect my privacy in the area. The trees are all gone, the shrubs are all gone, and on Top of it I hear now that extensive expansion is planned for the residential area of the General Wayne Inn. So, there goes the value of my property and my future. It is my knowledge that the General Wayne inn has a I~usiness-hamlet zoning and it's reserved to the building itself and the property in front of the building that extends to the road. The property on the other end of the building, and it's the largest portion of the General Wayne Inn, is all residential, and would like to see it kept that way and not used for any large, grandiose, expansions that Mr. Rossi of the General Wayne Inn may have in mind. Now, I was shocked to hear from the architect that a container is going to lae provided to hold chairs and whatnot on the outside. I do hope that the sour:hold Town Planning Board 15 March 1, 1999 container wil be put on the property between the building and Cedar Beach Road and not on the residential area. And likewise, with any other plan to expand, so that we're adversely affected. Not only myself, but everybody in the area will be hurt tremendously by putting up an establishment of that type, acceptable for partying, in the midst of a residential area. Thank you. If you ~ave questions, 'm going to have to ask somebody here to ~)ass it on to me, because my hearing is way off. Mr. Orlowski: OK, thank you. Any other comments? Mr. Maus: My name is Maus and I live to the southwest of the Private Road I'm a neighbor of Mr. Wisman. I've been out here 27 years now, and know in the past there was a lot of activity of catering and such, but never consistently. And understand, no problem, the man has an establishment and he wants to have music inside, or for a while outside OK. But we have no idea how often this may be and seven days a week is not acceptable to have excessive like this. I'm not saying it's going to happen, but I anticipate it. And I think everyone else (inaud 131e). There was a mention tonight vaguely made of fencing, and I think it meant along the Private Road. Well, the fencing isn't going to do much good unless it's high. Just the vague term fencing doesn't mean anything. It's got to have something to it and it's got to be pretty solid. And as another gentleman pointed out, you put shrubbery in there and the deer are going to get it. I don't care what you put there, they eat everything. So that's not too acceptable at all. That's it. Mr. Orlowski: Thank you Any other comments? Nancy Wisman: It sounds as if my husband and I have I~een in th~s area longer than anybody else that's spoken -- I think 42 years our house ~as been next door. The inn was originally quiet, a real country inn, appropriate to the area. It was called the Cedar Beach Inn, then it was The Heritage. And it wasn't until some years later and the name was changed and the nature of the place really changed when the outdoor dance bands were included in the kind of business that it was. And that changed everything completelY. And I thinkthe idea of having a business in a residential area, the fact that it's a very different kind of business than it was originally meant to be ~s something that should be taken into consideration. And as I~eing confrontational, I think in a way we neighbors are trying to spare the new owner of the inn the problem that some of other owners had of not realizing that this was going to be a problem until they had spent a lot Southold Town Planning Board 16 March 1, 1999 of money refurbishing the place, and say, "I had no idea it was going to bother you if we had dance music out on our patio." So, that can't be said now, because we're all telling him while the architects plans are still on paper and he hasn't spent the money. It's necessary to make these arrangements for the music to be indoors and I think that will solve a great deal. Of course, I agree about the trees and all those things that others have said as well. Mr. Orlowski: Thank you. Any other comments? John Wisman: I have one more comment if that's OK. I'm John Wisman again and so we don't sound too confrontational I'd just like to say there will probably be a lot of people down there that would welcome a good restaurant, providing it fits in and is quiet. It's also to the owners...l'd say if he wants to run a successful business, word gets around fast in Southold and for the past several years the General Wayne was always called the general nuisance. It was boycotted by an awful lot of Southolders, not just the people in Cedar Beach. They all realized the problem and the kind of owners there who were not cooperative. So we would welcome a place that fits in. Thank you. Mr. Orlowski: OK, any other comments? Joe Lizewski: rvly name is Joe Lizewski and I'd like to just start by commenting that I think this s one of those interpretations of the need for a site plan for intensity of use change where a Kitchen was just being added to a building which sort of has spurred a tremendous amount of activity upon a building that's 13een there for a long time. I doubt if this would have happened four or five years ago when the Building Department had control of the intensity of use. The other thing is that this noise thing, unfortunately for the Planning Board, think something that may have to be taken elsewhere ~)ecause I know that there is no noise ordinance in Southo[d Town. It's one of those things that's almost impossible to control. You have Founder's Landing. We have a lot of restaurants that do have noise in residentia areas that I think would have to be addressed, if this is going to be addressed But I don't think it's a forum unfortunately for the Planning Board to' address simply because there is no code violation for noise in this town at this time. And maybe it's time that it was addressed somewhere along the line. but I Know that it's not actually a part of the planning process to have to address noise when there is no noise ordinance to go by. I think it would De very hard to regulate. But I want to say that, I think this man if he knew that these plantings were going to raise this kind of havoc, I don't think he would have touched one of those trees, Southold Town Planning Board 17 March 1, 1999 that's for sure. And it,s one of those things that I don't think that he probably knew that it was going to happen in this way. But the fencing is believe it or not the only way with all the deer problems that you may end up solving some of this, if the deer problem is that hard in that area: And I think most of these people realize that. But the business has been there and I think you're going to have to go pretty much by what has been presented and t think Mr. Pellicane will probably present more of what was there and what was given to these people and addressing some of these fears is going to be difficult. I only hope that he is a good neighbor because I think we all want good neighbors in Southold Town. But on the other hand, I don't see how we can stop him from doing business in Southold Town. It's been there too long. Thank you. Mr. Orlowski: Any other comments? OK, well at the request of the applicant for his attorney to show up at our next meeting, I'll entertain a motion to hold this hearing open, so the applicant has a chance for his attorney to present his case. So, at this time I'll entertain a motion to hold the hearing open. Mr. Cremers: So moved. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Ward, Mr. Edwards, Mr. Cremers. Mr. Orlowski: Opposed? Motion carried. Thank you for coming. There's nothing left on my agenda tonight. I'll entertain a motion to adjourn. Mr. Ward: So moved Mr: Edwards: Second. Mr. Orlowski: Mr. Orlowski: Motion made and seconded. All those in favor? Ayes: Mr. Orlowski, Mr. Ward, Mr. Edwards, Mr. Cremers. Mr. Orlowski: Opposed? Motion carried. Southold Town Planning Board 18 March 1, 1999 There being no further business to come before the Board, the meeting adjourned at 8:20 p.m. Respectfully submitted, Be6nett 0 Pl'o ~g~d ri ,' C ha i r~ n- ' ~/larthaA-Jo~s, Secreta~-Y RECE!%r~D AND F~LED BY ~ TH~ SOUTHOT~ _0%¥}~ CL~ Tom ~erk, Town ~ Sou~d