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HomeMy WebLinkAboutPB-04/06/1998PLANNING BOARD MEMBERS BENNETT ORLOWSKI, J12. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCI-IIE LATI-IAM, 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 PI,ANNING BOARD OFFICE TOWN OF SOUTHOLD Present were: Absent: MINUTES April 6. 1998 Bennett Orlowski, Jr., Chairman Richard O. Ward O. Ritchie Latham William Cremers Valerie Scopaz, Town Planner Melissa Spiro, Planner Robert G. Kassner, Site Plan Reviewer Kenneth Edwards Martha Jones, Secretary Mr. Odowski: Good evening. I'd like to call this meeting to order. The first order of business, Board to set Monday, April 27, 1998 at 7:30 p.m. at Southold Town Hall, Main Rd., Southotd, as the time and place for the next regular Planning Board meeting. Mr. Ward: So moved. Mr. Cremers: Second. Mr. Orlowski: Motion made and seconded All those in favor? Ayes: Mr. Orlowski, Mr. Ward, Mr. Latham, Mr. Cremers. Mr. Orlowski: Opposed? Motion carried. SoLrChold Town Planning Board 2 April 6, 1998 PUBLIC HEARINGS Subdivisions- Final: Mr. Orlowski: - John & Patricia McCarvill - This major subdivision is for 3 lots on 118,795 square feet. SCTM# 1000-78-7-32 7. I'll ask if there are any comments on this subdivision? Pat Moore: Oood evening Chairman Mr. and Mrs. McCarvill are here. They're the parents of John McCarvill and if you have any questions, I believe we can answer them for you. Mr. Orlowski: Any other comments or questions on this subdivision? Hearing none, are there any questions from the Board? Mr. Ward? Mr. Ward: No. Mr. Orlowski: Mr. Latham? Mr. Latham: No. Mr. Orlowski: Mr. Cremers? Mr. Cremers: No. Mr. Orlowski: Ms. Scopaz? Ms. Scopaz: No. Mr. Orlowskh If there are no further questions, everything is in order to close the hearing. I'll entertain that motion. Mr. Cremers: So moved. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Ail those in favor? Ayes: Mr, Orlowski, Mr. Ward, Mr, Latham, Mr. Cremers, Mr. Orlowski: Opposed? Motion carried. Does the Board have any pleasure? Soul:hold Town Planning Board :5 April 6, 1998 Mr. Cremers: Mr. Chairman, I'll offer the following resolution WHEREAS, John and Patricia McCarvill are the owners of the property known and designated as SCTM# ~1000-78-7-32.7 located on the northeast corner of Main Bayview Rd and Waterview Dr. in Southold; and, WHEREAS, this proposed major subdivision is for 3 lots on 2.727 acres; and WHEREAS, since the subject property was involved in prior land divisions and the current proposal involves creating an overa total of more than 5 lots, this proposa is classified as a major subdivision; and WHEREAS, the Zoning Board of Appeals, in Appeal Number 4391, granted approva of proposed Lot #3 to be a total of 38,795 square feet including the flag portion of the lot, and approval of a front yard setback for proposed Lot #3 of the existing building at 30 feet from its closest setback to the property line; and WHEREAS, the Southotd Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, declared itself lead agency and issued a Negative Declaration on July 29, 1996; and WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has received affidavits that the applicant has complied with the notification provisions; and WHEREAS, a final public Bearing was closed on said subdivision application at the Town Hall, Southold, New York on April 6, 1998; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold will be met upon fulfillment of the conditions of approval; be it therefore RESOLVED, that the Southold Town Planning Board grant conditional final approval on the surveys dated May 30, 1997, and authorize the Chairman to endorse the final surveys subject to fulfillment of the following condition All conditions must ~)e met within six (6) months of the date of this resolution: I Submission of the S4,000.00 Park and Playground fee. The driveway to Lot 3 and the adjacent property owned by Mrs Stigliani are presently shared, however neither party makes any claim Southold Town Planning Board 4 April 6, 1998 of right to the location of the driveway. As noted in a letter dated April 6, 1998 from Patricia Moore, the McCarvills and Mrs. Stigliani will resolve the driveway issue within 30 days. The Planning Board must be notified as to the agreement made in regard to the location of the driveway. Mr. Ward: Second: Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowsld, Mr. Ward, Mr. Latham, Mr. Cremers. Mr. Orlowski: Opposed? Motion carried. Hearings Held Over From Previous Meetings: VIr. OrlowskJ: Richmond Creek Farms - This proposed minor subdivision is for Section I of a 4 ot minor subdivision. Section I is for 2 lots. Lot number ~ contains 41.284g acres of land on which the Town has purchased the development rights on 37.284g acres. Lot number 2 contains 7,g242 acres which will be further subdivided into a tota of three 2 acres lots. SCTM# 1000-86-'1-9. While it's still held open are there any comments or questions on this subdivision? Tim Caufield: Good evening. My name is Tim Caufield with the Peconic Land Trust, and I just wanted to drop off two things of the remaining outstanding items. We did get the quit claim deed finalized on the minor deed discrepancy on the (inaudible) portion and the check'for the park and recreation fee. Mr. Orlowski: Any other comments? Hearing none, any comments from the Board? Mr. Ward? Mr. Ward: No. Mr. Orlowski: Mr. Latham? rvlr. Latham: No. $outhold Town Planning Board 5 April 6, 1998 Mr. Orlowski: Mr. Cremers? Mr. Cremers: No. Mr. Orlowski: If there are no further comments, I'll entertain a motion to close the hearing. Mr. Cremers: So moved, Mr. Ward: Second, Mr. Orlowski: Motion made and seconded. All those in favor? Ayes: Mr. Orlowski, Mr. Ward, Mr. Latham, Mr. Cremers. Mr. Orlowski: Opposed? Motion carried. What's the Board's pleasure? Mr. Ward: Mr. Chairman, I'd like to offer the following resolution. WHEREAS, the Peconic Land Trust is the owner of the property known and designated as SCTM# 1000-86-I-9 (a.k.a. SCTM# 1000- 86-1-9.1, 9.2 and 9.3), located on the south side of Main Road and the north side of Wells Road in Peconic; and WHEREAS, the proposed minor subdivision is for Section I of a proposed subdivision with a total of four (4) lots; and WHEREAS, Section d contains two (2) tots: Lot Number d is 41.2849 acres in area, of which the Town has purchased the development rights on 37.2849 acres. Lot Number 2 is 7.9242 acres which will be further subdivided as Section 2, into a total of three 2 acre lots; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, declared itself lead agency and issued a Negative Declaration on the four (4) lot subdivision (both Sections I and 2) on January 26, 1998; and WHEREAS, as shown on the final map, there is a deed discrepancy in regard to 'the southerly most section of the parcel involving an area of 0.3403 acres; and WHEREAS, this discrepancy will be resolved by Peconic Land Trust giving the right to this property to Chester H. Skwara and Joyce M. Skwara', and Southold Town Planning Board 6 April6,1998 WHEREAS, should the Peconic Land Trust, or future owner of Lot Number 2, choose not to proceed with any further subdivision of Lot Number 2, any development occurring on Lot Number 2 shall be set back at least 75 feet from the landward limit of the wetland. Grading within the 75' area shall be prohibited, and clearing and cutting shall be limited to that necessary for proper maintenance and removal of diseased, decayed or dead material and obnoxious plant species; and WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has received affidavits that the applicant has complied with the notification provisions; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on April 6, 1998; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; be it therefore RESOLVED, that the Southold Town Planning Board approve and authorize the Chairman to endorse the final surveys dated February 26, 1998. Mr Cremers: Second the motion Mr. Orlowski: Motion made and seconded. Any questions on the motion? Al those in favor? Ayes: Mr. Orlowski, Mr. Ward, Mr. Latham, Mr. Cremers. Mr. Orlowski: Opposed? Motion camed. SITE PLANS Final DeLerminaLions: Mr. Orlowski: Richard W. Corazzini - This proposed site plan is for a 2,520 square foot storage building at an existing asphalt company, on Cox Lane in Cutchogue. SCTM# 1000-84-1-26.2. Mr. Cremers: Mr. Chairman, let me offer the following resolution. BE IT RESOLVED that the Southold ToWn Planning Board authorize the Southold Town Planning Board 7 April6,1998 Chairman to endorse the final surveys dated January 7, 1998, Conditional final approval was granted on March 16, 1998. All conditions nave been fulfilled 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. Cremers. Mr, Orlowski: Opposed? Motion carried. SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Lead Agency Designation: Mr, 0riowskJ: Matt-A-Mar Marina - This proposed site olan is for the construction of a 715 square foot s[orage building, a[ an existing marina, in Mattituck. SCTM# 1000-114-3-I. Mr. Cremers: Mr, Chairman, I'1 offer the following resolution. BE IT RESOLVED that the Southold Town Planning Board, acting under the State Environmenta Quality Review Act, established itself as Lead Agency, ,and as Lead Agency makes a determination of non-significance, and grants a Negative Declaration. Mr. Latham: Second. Mr. OrlowskJ: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr, OrlowskJ, Mr, Ward, Mr, Latham, Mr. Cremers, Mr. Orlowski: Opposed? Motion carried. Southold Town Planning Board 8 April 6, 1998 APPROVAL OF PLANNING BOARD MINUTES Mr. Orlowski: Board to approve the March 16, 1998 minutes. Mr. Cremers: So moved. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded All those in favor? Ayes: Mr. Orlowski, Mr. Ward, Mr. Latham, Mr. Cremers. Mr. Orlowski: Opposed? Motion carried. I have nothing left on my agenda If anybody wants to make any comments on the minutes they can stand up now and make a comment. Thor Hansen: Is there time for other business? Mr. Orlowski: This is it. Mr. Hansen: I'm Thor Hansen, President of Southold Citizens for Safe Roads. Charlie Mearns and I are here. We wanted to just ask for a little information about what the Planning Board and the Town are doing on the fern/. We know, we are very pleased, that the judge recently found in the Town's favor on the two Article 78's that the ferry had filed which was sayi:ng that the Town exceeded its authority, and we're very pleased about that. Although I should point out, interestingly enough, the Town's attorney only filed motions in both cases, and we're the ones who filed the motions and very long arguments that t think that probably were used a lot by the judge, ~)ut there were two very simple motions by the Town's attorney and one little affidavit saying (inaudible) to file a motion, I mean to file further paper but he didn't do that. However, it's come out well. But the fact remains that the high speed ferry has started to operate for the fourth season without a site plan and its been five months, five long months all during the winter since the Planning Board properly rejected their last site plan as being incomplete. But what we'd like to know is have you been, the Planning Board, has the Town been pushing the ferry for getting in this new site plan? Because we've managed to go through another winter and start the high speed again without one And that's one of the things we would Southold Town Planning Board 9 April 6, 1998 like an answer to if you can give us some indication of what's going on because we don't get much indication that much is going on. Mr. Orlowski: Well, unfortunately, due to think all the litigation that has been going on, it's dragged out for all of these years. But fortunately this last decision was n our favor and they're going to have to comply. We're trying to find out now, and probably will be meeting with our attorney on this, to see what course of action we can follow right now and how we can get them to comply. Mr. Hansen: Interestingly enough, in the Traveler-Watchman piece, ferry officials say the ruling hasn't affected their plans to build a parking lot at their terminal in Orient Point. That's from the Traveler-Watchman talking to the ferry, and later in that p~ece it says, quoting Mr. Esseks it says in addition CSF is determining whether or not we need to do any more work on the site plan, if not we'll let the judge decide. So, it doesn't sound like - but that could wel be talking to the press, or whatever - but it doesn't sound like they're taking this very seriously, the judges decision. Ms. Scopaz: Isn't there a Fetter from rvlr. Yakaboski to Mr. Esseks asking for a response. Unfortunately, Mr. Esseks seems to be out of town or something... Mr. Orlowski: Yes, Mr. Esseks is out of town and I think Judge Dunn s away also, so we haven't gotten any answers. But we do have a letter to Mr. Esseks asking him what his next step ~s going to De and if he's going to comply. Mr. Hansen You do? Mr. Orlowski: Yes. Mr. Hansen: I guess we can we get a copy of that? Mr, Orlowski: Yes. Mr, Hansen: The other kinds of question that troubles us; if you read the proceedings of the first suit when the Town sued in 1995 for an injunction to stop the Cross Sound Ferry, I think it's fair enough to say that the Town was pretty woefully unprepared when you read that all through, compared to what the ferry came in with. They really were not very prepared And it doesn't...for example, wondered have you instructed your attorney to take discovery for example, to try to get such things as statistics of ridership and Southold Town Planning Board 10 April6,1998 what they're plans are for schedules in the future and if they have any contracts for new boats, all those kinds of things. Because, it doesn't appear to us just from what we can find, that the Town is any better prepared now then they were in 1995 to go in and seek an injunction. We tried it once and weren't ready, and we don't see a lot that's happened that would make the Town and it's attorney any more ready than it was before in steps like that to get their arguments together, and wondered it that's true? Have you instructed your attorney to do such things as that? Mr. Orlowski: You're absolutely right. In the very beginning we probably went in too fast and it's probably created the condition that we're in today as far as all the litigation. We've instructed our attorney to move him as fast as he possibly can in any way possible, but that's going to be until somebody talks back to us. We're not exactly sure which way we're going to end up going here. We're still trying to finish the SEQRA process and to get all the answers to the scoping outline that we put together and so far we're not there yet. So, we have to find out...now the court has said.we have the right to ask for a total site plan on the whole site, so we're going to be looking at that and maybe they're going to go back now and adjust their SEQRA and scoping outline and give us more answers. I don't know. Does this allow them to have more time because the judge says now you've got to do it - I don't know. I hope not. Mr. Hansen: I wouldn't think so. But I guess you've answered in a sense by saying you've instructed - you've got a letter we can get a copy of - asking Esseks what his next step is. Because it's been five months and are you really trying to get that next iteration of the site plan. Mr. Orlowski: Oh yes, that went out right away. Mr. Hansen: Well, that was just recently, I guess. Mr. Orlowski: Yes. Mr. Hansen: But there were five months in there in between that nothing happened and it's obviously it seems to us, you just see a delaying, delaying, delaying tactic by the ferry so they can ge~ another high speed operation in and it worries us that after so many years of this they're going to use this and say look, when you read again read the proceedings of that 1995 suit, and Mr. Esseks kept asking over and over again of the Town, well did you object when they brought in this next big ferry? This was ~}ack and forth, Southold Town Planning Board 11 April6,1998 did you object, and they'd say no, no, no. Wel, they're going to do the same thing with this high speed. Have you rea ly objected? What have you done? And that's whats troubling us because we're in the full season now. Mr. Orlowski: Well, it's troubled us. I mean, the judge is the judge and we had to wait five months for his decision. It had nothing to do with anything anybody was doing. I don't know why but we have the decision now and we have to move on. I know your attorney has been involved and also sitting along with us on the sidelines waiting until we got an answer. Now we have a direction. Mr. Hansen: As I was saying Jgefore, we wrote all the arguments, really. Mr. Orlowski: Yes. Mr. Hansen: We really did. Well, that's the main thing. Charlie do you have anything? Charles Mearns: Yes, I just had one comment take a ittte issue with is the judge ~s not going to tell the ferry to do anything. They're telling you that you have the right to do something, that's a the thing does. He's not asking them for any site plan. He's telling you that you wave the right to ask. Mr Orlowski: That's right, and that's who we have to pursue is the applicant, right now. Mr. Mearns: You, not the judge. Mr. Orlowski: But if the applicant says I'm not doing anything then who do we ask? MF1 Mearns: You go to the judge with the injunction. Mr. Orlowski: That's it, and that's where we are. Mr. Mearns: (inaudible) because you can't walk in the way you were in 1995 you've got to do your preparation, and it doesn't seem to us that any preparation has been done. Mr. Orlowski: Well, we're going to be prepared when we have all the information that we've asked for already, originally, and the scoping outline. We haven't gotten that yet. So, we'l see what happens. Southold Town Planning Board 12 April 6, 1998 Anybody else want to be on the agenda? We'll adjourn this meeting and go into a work session. Mr. Ward: So moved. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. All those in favor? Ayes: Mr. Orlowski, Mr. Ward, Mr. Latham, Mr. Cremers. Mr. Orlowski: Opposed? Motion carried There being no further business to come before the Board, the meeting adjourned at 7:50 p.m. Res pectfully submitted, Martha A. Jones RECEIVED AND FILED BY' ~ES ~ OUT.~_©LD TOWN CL~K ( Town Clerk, To~ of Southotd