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HomeMy WebLinkAboutPB-04/27/1998PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCt~IE LATIOiAM, 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 April 27. q998 Bennett Orlowski, Jr., Chairman Kenneth Edwards William Cremers Valerie Scopaz, Town Planner Melissa Spiro, Planner Robert G. Kassner, Site Plan Reviewer Absent: Richard G Ward G. Ritchie Latham Martha Jones, Secretary Mr. Orlowski: Good evening. I'd tike to call this meeting to order. The first order of business, Board to set Monday, May 18, 1998 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. Edwards: So moved, Mr Cremers: Second. Mr. Orlowski: Motion made and seconded. All those in favor? Ayes: Mr. Orlowski, Mr. Edwards, Mr. Cremers. Mr. Orlowski: Opposed? Motion carried. Southold Town Planning Board 2 Aprit 27, 1998 PUBLIC HEARINGS Site Plans: Mr. Orlowski: Jimbo Realty Corp. - This proposed site plan is for a 34,200 square foot self service dry storage building; a '1,750 square foot residence, and a 1,575 square foot office building on a 2.9 acre site on Middle Rd. in Southold. SCTM# 1000-59-4-8 & 9. I'll ask if there are any comments on this site plan? Bernard Heinisch: My name is Bernard Heinisch. I live on County Road 48. I have to congratulate the Town Planning Board on their official notice of this hearing. It's deceptive. It's a three acre site on Middle Road. Today I asked twelve people, most a were born n the Town of Southold, in the North Fork Deli I asked them all the same question Do you Know where Middle Road is? Out of the twelve, one knew where Middle Road was. It was called Middle Road many, many years ago. On the maps we get, there's not Middle Road that we receive with our telephone books. There's County Road 48 and the North Road. This morning I stopped at the Planning Board's office and asked the young lady, and she advised me that a notice was posted on the property. Can you read this? Twenty foot off the road. Speed imit 50 miles per hour. How many people walk along the North Road? Hardly any. Are you really doing your job by advertising this properly? I don't think so. You can see by the amount of people that are here. The State 9nc~ the County are spending many thousands and thousands of dollars trying to preserve the farming atmosphere. I don't think you're preserving anything here. You have one acre of buildings, almost one acre of buildings on a three acre site. You're going to have over one acre of asphalt. How much greenery are you leaving? Not much. I'd like to recommend ~o the Planning Board to re-advertise this notice continue this meeting at a further date so the people know where Middle Road is. And advertise it, County Road 48, North Road, with the Middle Road if you wish. But no one knows where Middle Road is. Half, I would say the percentage of people in the Town of Southold wouldn't know where Middle Road is Thank you. Ziggy Heiinski: My name is Ziggy Helinski. I think everybody knows me. My question is when the Town has two different standards they go by. According to the map you're allowing an access road to the North Road, Southold Town Planning Board 3 April 27, 1998 from this property. When my wife applied for permission to put building lots on her property, Valerie told her point blank they'll be no access roads to the North Road. Now you're turning around and giving this man permission to do the same thing? Somethings not right. Mr. Orlowski: Access an~ime on the County Road has to be granted by the County, and the County... Mr. Helinski: Well, why grant it to one person and refuse it to another person? Mr. Orlowski: Did you have access somewhere else? Mr. Helinski: Do we have access? Mr. Orlowski: Yes. Mr. Helinski: Tuckers Lane. Mr. Orlowski: See, if the County knows that they won't give you access to 48. Mr. Helinski: They've got access on Horton's Lane too. Mr. Orlowski: I'm just saying, it's a County call, it's not even in our hands that they would grant them access or not grant them access. Mr. Helinski: Then how come we were refused by the Town? Mr. Orlowski: don't thinkyou were refused by the Town. can't answer tlaat. I don't know who told you that because we don't grant access on a County Road. Anthony Kousouris: Good evening. My name is Anthony Kousouris and I live on Tuckers Lane. I moved out here because of the open spaces. This is quite a project and I don't think it's doing that much for our area. What next are they going to want to put up over there. And just found out about this 20 minutes ago, and I don't know where that road is. This man put up a good point. Rt. 48 and the North Rd., I know where it is. Think about it. Mr. Orlowski: Any other comments. Donna Dzugas-Smith: I'm on the corner of Tuckers Lane and 48. I have 29 Southold Town Plannin~ Board 4 April27,1998 acres with a house on the corner. And when I did a lot line around that house there were some of you guys on the thing that told me I would not have access to 48 for any residential use. So perhaps that's what you said to them too. So it was the Town, not the County. I didn't go to the County for that. You said, we'll give you that lot line around the existing house, as long as I gave up the right to any frontage for residential use on 48 on the rest of my 29 acres. Because you said, once again, I have Tuckers Lane. You're dealing with a gentleman who, obviously, I don't Know him, I gather he's not here presenting his project. He doesn't live anywhere near it. Someone told me he lives in Nassau Point. I guess not in his laacKyard he doesn't want it. It's very scary to think that this is the same man that in front of my vineyard sold a piece of land, seven acres with light business ~n the front, 5 acres agricultural in the back, sold it to a gentleman with some money to burn, to Defriest you remember, and now we have a vacant big building with hardly any interest, and I hear the latest is that propane people want to go n there. We've got-to think. We've go[ to stop it somewhere. I heard before moved here this is the same gentleman that did Feather Hill Commons. Didn't work out, went bankrupt, sold it, whatever. The same gentleman who built over lay the dump, that big huge monstrosity. Is it filled? is the occupancy filled. How about Feather Hill Commons, is it filled? is this storage facility and, I hear it's a residence, a storage facility office space. Do we really need this. Is it [oo late to bring this up? I didn't Know anything about it. One of my people in the vineyard industry was driving down 48, a piece of wood was in the road. He stops his car, moves his wood [o the side of the road and sees that tiny little sign and he asked me if knew about it and I said no. So because he told me, that's i~ow I found out about it and it's just really scary. And I think Mr. Heinisch brought up a good point it's like we're asking for bond money from citizens, the County, the Town, everyone say~ng yeah open space, open space. Where that's being I~uilt is a farm with development rights that are sold I believe right behind it. You just took away the view of the open space. And this same guy by the way, I don't think you Knew, after I bought the land, and you know I got it at an auction, called me within a months time or six weeks time and told me to come down to see you. Now I was nobody - told me to come down and see you guys and ask for light business on the front part of my property. I wasn't even moved out here yet and I said look this is a (inaudible)... didn't give it a thought. He calls me a year later, did Southold Town Planning Board 5 April 27, '1998 you do it yet? It's like he had this motiVe, if you notice every parcel he bought he made light business in the front and the parcel also in front of the vineyard, the talk about that too is if whoever comes in there, that five acres agricultural behind it become~ landlocked, so then you're going to give him residential access, or whoever buys the property so they can build a house or build something behind there. You let him, not you per say but the Town, let him develop, make this piece of land, and he landlocked those five acres. If he doesn't want to plant vegetables, if he doesn't want to plant a vineyard, he doesn't want to plant anything. He landlocked that. He's the one that asked you to make light business in the front. And this piece of property, obviously, he's planning this for years. When I reviewed the thing in the Planning office today, it looks like he may do the ZBA in 96...God, that's when I was just learning about the vineyard business because I just hopped into it - I don't remember any notices, probably said Middle Road, I probably didn't think that was near me. This is a big concern. I mean, think about it, two stories. When you leave work and you go out that driveway and you see those storage buildings in front of here, is that a pretty sight? Do you look and say, oh God I'm glad live in Southold. Look at those nice buildings. And that's not two stories high, is it? Someone didn't think when it got to this point. This is really scary. Mr. Orlowski: Any other comments? Ellen La[son: Hi Benny, hi members of the Planning Board. You a know me, my name is Ellen Latson Besides the concerns that were raised tonight, there's another concern. All the people that spoke before you are residential property owners, live on Rt. 48 and have for the past 20 years. We're already coping with the ferry traffic which is astronomical every hour on the hour through Rt. 48. With this type of proposed building, our property that we l~ave ali invested in for many years becomes less and less valuable. We have a complete area now from Horton's Lane down through Ackerly Pond Lane of total spot zoning. When the zoning code was passed, this was an area of great concern and the zoning code was never etched in stone it was always going to be changed. One of the points wasto preserve the aesthetic corridor of the North Rd. and here we are ten years later and this is what we're looking at. A two story structure on Rt. 48 and Horton's Lane that completely takes Sour:hold Town Planning Board 6 April 27, 1998 'away from any farmland corridor through the North Rd. and really lets down the people who have lived and worked here for many years. There had to be many ZBA variances given before getting to this point for this type of square footage. But in speaking with the neighbors they don't ever seem to receive mail notification and maybe my memory is failing me but if I remember correctly, if you were an adjacent property owner and went for a variance you had to receive notification in the mail. The Helinski's don't r.ecal! ever receiving it, and no one does. And my neighbor Mr. Heinisch brought up a really pertinent point that no one Know Rt. 48 or the North Rd. is Middle Rd., so we would all like you to re-advertise this as Rt. 48 and North Rd. and reconsider at least the impact of this type of structure on Rt. 48 and on the aesthetics of the Town. It would be great if you could have some affordable rental units in Southold Town, something like that. But, I'd really like you to look at this again. Thank you. Mr. Orlowski: Any other comments? Amy Martin: Amy Martin, 5th St., Greenport. I just want you to consider the fact that every time something like this goes through, it's a precedent for more to go through. And every time that someone can point at a structure and say it was allowed in such and such a spot, it can be used as a reason to produce more of the same. And I don't think steel structures is what the North Fork wants to be known for. Thank you. Ms. Latson: I'm sorry, but I forgot a point. This doesn't create jobs either. This type of business use is not going to bring any jobs and it's not creating jobs. Mr. Ortowski: Any other comments? Ms. Dzugas-Smith: I have a little more. The other thing too is if you notice on the plans, you have a six foot chain link fence going around it. s that really fitting in with the rest of whats around there? And also, he has the adjacent parcel that's empty and thats also business, I think, so he's going to use this as a precedent saying, well I got this through, and then he has a corner parcel-on Hortons Lane right nex~ ~o it. So what's going to be nex: that he's going to say, well, he'll use that and say, OK, why not? We've got to stand up and stop somewhere. Mr. Orlowski: Any other comments? Anthony Kousouris: I remember when Disneyland opened. A little town of Kissimmee right outside of Disneyland. There were maybe a half a dozen Southold Town Planning Board 7 April 27, 1998 buildings there. You should go down that street now. It looks like a circus. The Planning Board should really put a lot of thought into what goes into Southold. Really, a lot of thought. Because this is a place that should be cherished because it's one of the few places, one of the towns on the North Fork that's left. You know what's on the west side, right? This is just a beginning. Like I said before, I moved out here because it was all open spaces. John Bufkins: Good evening. My name is John Bufkins. I live on the property adjacent to whats proposed here, I just want to reiterate what everybody else is saying about the property value decreasing. I myself work out west in the city and I bougi~t here because wanted to raise my family here in a race quiet area. think it should be kept that way. Thank you. Mr. Odowski: Any other comments? Any questions from the Board? Mr. Orlowski: Mr. Cremers? Mr. Cremers: No. Mr. Orlowski: Mr. Edwards? Mr. Edwards: None. Mr. Orlowski: Vaterie, do you have any comments? Ms. Scopaz: No, I think there were some interesting comments made here and the Board may want to take that into consideration in its decision. Mr. Orlowski: What I'm going to do is entertain a motion to hold this hearing open and the next hearing will be at the next meeting, and we'll re-advertise · it and that will answer that question and we I have'the hearing continued on May 18. 'd also like to say before I entertain that motion, I understand how you feel and the zoning is up there and even though I probably agree with everybody in this room, something has to be done with the zoning. Like they say, don't shoot the messenger. We're here to hold this hearing and hear the comments, but when we have zoning and something is allowed by zoning, and it's up there, and you disagree with it, it's another board, it's the Town Board that you go to about changing that zone. We only handle the site plan on that property. And like I said I probably agree with all of you here tonight, but we're looking at a site and a building that's allowed by zoning. Southold Town Planning Board 8 April 27, 1998 Unknown: I have a question. What is your input as a Planning Board with the site plan? What is your input to the Town? Mr. Orlowski: To the Town? As far as? Unknown: As far as allowing it or allowing the architectural. You have input don't you, on architectural? Mr. Orlowski: The zoning allows for the use. We have the architectural review, the site plan review, which is the landscape, the lighting, the ingress and egress, the lot coverage, so much is allowed by code. Unknown: Yes. What can you allow or stop, that's my question? Mr. Orlowski: Stop? Unknown: Or hinder. Does the Planning Board approve the architectural layout? That's my question to you. Mr. Edwards: We've changed it a number of times... Unknown: ...do you approve it, do you change, make recommendations for change... Mr. Orlowski: We have done that. Unknown: Does the owner then have to comply? Mr. Orlowski: Yes. Unknown: So this is the only area where you have, lets say, any muscle? Mr. Orlowski: Yeah, that's it. Unknown: OK. Thank you. Unknown #2: Just one point, the impact on that area, several people have been killed right in that same section right there. ^ gentleman died just several weeks ago. He hit a tree and he was killed because of that turn. Several people nave been killed on that telephone pole right on that corner there. By allowing access to 48 on that road, the impact is going to be ve~ serious, I~ecause people do travel at 50 and 60 miles an hour on that turn and the impact, I don't think anybody has taken that into consideration. I Southold Town Planning Board 9 April 27, 1998 just thought about it because, I'm just saying to myself now that I'm recalling that area quite a few people have been killed right in that area, so that's a consideration right there The impact on 48 by allowing an access road on that property onto that road is going To cause a much greater hazard than there is there already. Mr. Oriowski: Just so you Know, we don't have anything to do with access to that highway, it's the Suffolk County Department of...the highway department that allows that. Unknown #2: Wel, it should be brought to their attention that several people have been Killed in that area. Don't they nave to file an impact report on the environment and whatever they're doing, don't know about these things. Do they have to file a report on that? That would be part of that reporc- how many people were killed in that area? Would this cause more deaths in that area, by having an access road from that property out like that? Mr. Orlowski: We're going to hold this ~qearing open now. I'll entertain that motion. Mr, Edwards: So moved. Mr, Cremers: Second. Mr. Orlowski: Motion made and seconded. AIl those in favor? Ayes: Mr. Orlowski, Mr. Edwards, Mr. Cremers. Mr. Orlowski: Opposed? Motion carried. MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES AND SET OFF APPLICATIONS Final Determinations Mr, Orlowski: Conrad_Q._~_g_ensld - This lot line change between Carole Kaelin and Conrad and Kathryn Bagenski is to subtract 38,788 sq. ft, (the area of the 50 ft. r-o-w) from Lot #1 of the approved subdivision for Conrad and Frances Bagenski, and to add it to Lot #2 of the same subdivision. The Southold Town Planning Board April27 1998 property is located on Wagon Wheel Lane in Cutchoguel SCTM# I000-I08- 3-9.1 & 9.2. Mr. Cremers: Mr. Chairman, I'll offer the following resolution. Be it resolved, that the Southold Town Planning Board authorize the Chairman to endorse the final surveys dated August 11, 1997. Conditional final approval was granted on January 5, 1998. All conditions have been fulfilled. Mr. Edwards: Second the motion. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Edwards, Mr. Cremers. Mr. Oriowski: Opposed? Motion carried. Se~ing of Final Hearings: Mr, Orlowski: Smith-Hanauer - This proposed lot line change between Diane Smith and Sanford and Sue Hanauer is to subtract 0.~ 41 acres from SCTM# I000-94-3-1.7 and to add it to SCTM# 1000-94-3-I .5, The parcels are located on the north side of Sound View Ave. in Mattituck. SCTM# 1000-94- 3-I .5 & 1.7. Mr. Edwards: Mr. Chairman, 'd like to entertain the following motion. Be it resolved that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, do an uncoordinated review of this unlisted action. The Planning Board establishes itself as Lead Agency, and as Lead Agency makes a determination of non-significance and grants a Negative Declaration. Mr. Cremers: Second the motion. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those Jn favor? Ayes: Mr. Orlowski, Mr. Edwards, Mr. Cremers. Mr. Orlowski: Opposed? Motion carried. Southold Town Planning Board 11 April 27, 1998 Mr. Edwards: I have a further motion. Be it resolved that the Southold Town Planning Board set Monday, May 18, 1998 at 7:50 p.m. for a final public hearing on the maps dated April I, 1998. Mr. Cremers: Second the motion. Mr. Odowski: Motion made and seconded. All those in favor? Ayes: Mr. Orlowski, Mr. Edwards, Mr. Cremers. Mr. Orlowskh Opposed? Motion carried. Bond Determinations: Mr. Orlowski: Russell Pellicano - This approved minor subdivision is for 4 lots on 18.54 acres on the south side of North Bayview Rd in Southold. SCTM# 1000-79-8-I 5. Mr. Cremars: Mr1 Chairman, let me offer the following resolution. Be it resolved that the Southold Town Planning Board recommend to the Town Board that the Performance 0uarantee in the amount of S14,250.00 for the Russell Pellicano subdivision be released. Mr. Edwards: Second the motion. Mr. Odowskh Motion made and seconded. A1 those ~n favor? Ayes: Mr. Odowski, 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 12 April 27, 1998 Mr. Orlowski: Carmine Rufrano - This proposal is for a lot line change to subtract .7809 of an acre from a 5.7131 acre parcel (SCTM# 1000-127-2-5.3) and add it to a 1.3452 acre parcel (SCTM# 1000-127-2-6.1) and a two lot minor subdivision on 4.9254 acres. SCTM# 1000-127-2-5.3 & 6.1. Mr. Edwards: Mr. Chairman, I move that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, assumes lead agency, and as lead agency makes a determination of non-significance, and grants a Negative Declaration. Mr. Cremers: Second the motion. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those ~n favor? Ayes: Mr. Orlowski, Mr. Edwards, Mr. Cremers. Mr. Orlowski: Opposed? Motion carried. SITE PLANS Waivers: Mr. Orlowski: T&C Restorations - This proposed site plan waiver is for an auto repair and custom workshop on Westphalia Rd. in Mattituck. SCTM# 1000-141-3-35. Mr. Cremers: Mr. Chairman, I'll offer the following resolution WHEREAS, Jonn C. Mesloh is the contract vendee of the property known and designated as SCTM# 1000-141-3-35 ocated on Westphalia Rd. in Mattituck; and WHEREAS, an auto repair and custom workshop is a permitted use in this Light Industrial (LI) zone; and WHEREAS, an examination has ~)een made of all uses and the existing parking was determined to be adequate for all uses; and WHEREAS, the proposed change from a former use as a machine shop to an Soul:hold Town Planning Board '1:5 April 27, 'i998 auto repair and custom workshop will not be a more intensive use of this property; and WHEREAS, no disabled or unlicensed cars will be parked in the front parking lot., 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. Edwards: Second the motion. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those [n favor? Ayes: Mr. Orlowski, Mr. Edwards, Mr. Cremers. Mr. Orlowski:.Opposed? Motion carned. APPROVAL OF PLANNING BOARD MINUTES Mr. Orlowski: Board to approve the April 6, 1998 minutes. Mr. Cremers: So moved Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. All those in favor? Ayes: Mr. Orlowski, Mr. Edwards, Mr. Cremers. Mr. Orlowski: Opposed? Motion carried. I have nothing heft on my agenda. Mr. Edwards: Do we need to set a hearing time for Jimbo? Mr. Orlowski: Lt's held open. April 27, 1998 Southold Town Planning Board 'i 4 Mr. Edwards: So we just put in on the agenda? Mr. Orlowski: Yes. Ms. Spiro: Martha will advertise it for 7:30. We have to put out the notice, so the notice will just say 7:30. Mr. Orlowski: Put Rt. 48, Middle Rd. and North Rd. I'll entertain a motion to adjourn. Mr. Edwards: So moved. Mr. Orlowski: Second. All those in favor? Ayes: Mr. Orlowski, Mr. Edwards, Mr. Cremers. Mr. Odowski: Opposed? Motion carried. There being no further business to come before the Board, the meeting adjourned au approximately 8:00 p.m. Bennett Orlo'~¢k~, ~r., Chairman//' Respectfully submitted Martha A. Jones Secretary RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK (__2 ' ' ' ( To~a~ Cleric, To~cn oJ Southo]a