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
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