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HomeMy WebLinkAboutPB-05/18/1998PLANNING BOARI) MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETtt L. EDWARDS GEORGE RITCHIE LATtL~I, 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 May 18, 1998 Bennett Orlowski, Jr., Chairman Richard G. Ward G. Ritchie Latham Kenneth Edwards William Cremers Valerie Scopaz, Town Planner Melissa Spiro, Planner (left after Smith-Hanauer hearing) Robert O. Kassner, Site Plan Reviewer Martha Jones, Secretary Mr. Orlowski: Good evening. I'd like to call this meeting to order. The first order of business, Board to set Monday, June 15, 1998 at 5:00 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. All those in favor? Ayes: Mr. Orlowski, Mr. Ward, Mr. Latham, Mr. Edwards, Mr. Cremers. Mr. Orlowski: Opposed? Motion carried. PUBLIC HEARINGS Mr. Orlowski: 7:30 p.m. Smith-Hanauer - This proposed lot line change between Diane Smith and Sanford and Sue Hanauer is to subtract 0.141 Southold Town Planning Board 2 May 18, 1998 acres from SCTM# 1000-94-~-'1.7 and to add it to SCTM# I000-94-~-'1.5. The parcels are located on the north side of Sound View Ave. in Mattituck, SCTM# '1000-94-3-1,5 & 1.7. At this time I'll ask if there are any comments on this. Patricia Moore: I'm Patricia Moore, from 51020 Main I~d, Southold. Mr Hanauer ~s here if you have any questions. Mrs. Smith might be coming in; but if she doesn't we'll just continue without her, And, if you have any questions again, we're here to answer them. The neighbors on the other side of Smith are here as well. Mr. Orlowski: Any other comments on this lot tine change? Hearing none, any questions from the Board? Mr. Ward? Mr, Ward: No. Mr. Odowski: Mr, Latham? Mr. Latham: No. Mr. Orlowskh Mr. Cremers? Mr. Cremers: No. Mr. OrlOwski: Mr. Edwards? Mr Edwards: None. Mr. Orlowski: Ms. Scopaz? Ms. Scopaz: No. Mr. Orlowski: If there are not further questions, I'll entertain a motion to close the hearing. Mr. Cremers: So moved. Mr. Latham: Second. Mr. Orlowskh Motion made and seconded. All those in favor? Ayes: Mr. 0rlowski, Mr, Ward, Mr. Latham, Mr. Edwards, Mr. Cremers. Southold Town Planning Board 5 May 18, 1998 Mr. Orlowski: Opposed? Motion carried. Does the Board have any pleasure? Mr. ward: Mr. Chairman, I'd like to offer the following resolution. WHEREAS, Diane Smith is the owner of SCTM# 1000-94-3-1.5 and Sanford and Sue Hanauer are the owners of SCTM# 1000-94-3-1.7, located on the north side of Sound View Ave. in Mattituck; and WHEREAS, this proposed lot line change is to subtract 0.141 acre from SCTM# 1000-94-3-I .7 and to add it to SCTM# 1000-94-3-1.5; and WHEREAS, on June 18, 1984, the Planning Board approved a minor subdivision for Robert Lenzner and Jean Lenzner; and WHEREAS, the lots which are the subject of this lot line change are Lots I and 2 of the Lenzner subdivision; and - WHEREAS, a Declaration of Covenants and Restrictions was filed as part of the approval for the Lenzner subdivision; and WHEREAS, Condition Number 5 of the above mentioned Declaration stated that "Access to the beach shall only be by means of a suitable structure designed and constructed in a manner that will result in the east disturbance of the stability of the bluff. Access shall only be by a common structure to be shared by both owners;" and WHEREAS, in conjunction with the lot line change proposal, the applicants have requested that the Planning Board amend Condition Number 5 of the above mentioned Declaration of Covenants and Restrictions to remove the condition requiring that access sha only be by a common structure to be shared by both owners; and WHEREAS, the Planning Board is in favor of amending Condition Number 5 as noted above; and WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58,. Notice of Public Hearing, has received affidavits that the applicant nas complied with the notification provisions; 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 April 27, 1998; and Southold Town Planning Board 4 May 18, 1998 WHEREAS, a final public hearing was closed on said Subdivision application at the Town Hall, Southold, New York on May 18, 1998; and WHEREAS, ail the requirements of the Subdivision RegUlations of the ToWn of Southold have been met; be it therefore RESOLVED, that the Southold Town Planning Board grant conditional final approval on the surveys dated April 1, 1998, and authorize the Chairman to endorse the,final surveys subject to fulfillment of the following conditions. All conditions must be met within six (6) months of the date of this resolution: New deeds reflecting the lot line change must be filed for each parcel. Copies of the recorded deeds must be submitted to this office. The Declaration of Covenants and Restrictions must be amendec~ to reflect the amendment to condition Number 5. A copy of the recorded amendment must be submitted to this office. Mr. Cremers: Second the motion. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Ward, Mr. Latham, Mr. Edwards, Mr. Cremers. Mr. Orlowski: Opposed? Motion carried. Mr Orlowski: Moving on to the next i~ea:ring. This hearing is l~eld over from the last meeting. 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 Rt. 48 (a.k.a. North Rd., 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 Bernarc Heinisch IINe on County Road 48 in Southold. I'd like to give a little history to this particular parcel which was purchased by the Pudge Corp. in 1980 as one parcel In 1982 the Pudge Corp. filed for a minor subdivision which broke the one lot into four. It was granted. In 1984, two lots on the west end were sold to Tim Gray and Jimbo Realty - Jim Gray. There was approximately 400 linear feet on the south side Soul:hold Town Planning Board 5 May 18, 1998 of 48 with the intersection of Hortons Lane, approximately 300 feet deep on Hortons Lane, running all the way to the end of the properW on the west going 300 foot to a place of beginning. The code says that there should be no traffic problems with building. I don't see how you cannot have traffic problems entering onto 48 from structures that are built on 2~/2 acres approximately 30% of the property is being developed. There's no reason why a road cannot ~)e built from the east end along the adjourning property which the Pudge Corp. owns and they also have an interest on this particular property. The code also says that no building should be over 60 feet wide. These buildings are 70 feet wide. 'd like to bring to your attention a letter that you had received on December 2, 1997 from the Architectural Review Board The Board expressed their concern on constructing this type of facility to such a highly visible location on a major thoroughfare in a community surrounded by farmland. Should this be done? We conceal the buildings to their environment. With regards to landscaping we are in favor of anything that can be done to shield a project from view in al directions, with more landscaping buffer to be provided along the north edge of the property. Let's look and see what is being done for landscaping. You have to remember this building is two stories high We're going to provide Japanese Spruces, 3 feet high. (inaudible) Spruces, 4 feet high. Dogwoods, 6 to 8 feet high. Eleven shrubs, 4-5 feet. Two hundred Douglas Firs, 6-8 feet. You have to remember, this property is approximately 4 feet higher than the road. (Inaudible) Pear trees, 4-5 feet high. Thirty Junipers, 3 foot spread. And 3,460 square foot of sod. Gentlemen, you can't do any better than this for screening a project? You call this screening? This is like putting acorns out and waiting for them to grow. Look at the present facility, which I believe is still owned by the Pudge Corp. on Hortons Lane. If you face the properW on the left, you will see it's a rented piece of property. Look at the property on the right hand side. Last year the grass grew this high. This year it was this higiq until the Town cut most of the front. Part of the facade has blown away. The Town has no code at the present time to maintain anything after it's done. None. And don't see you people doing anything for screening a building in a farming community. It's a shame. Thankyou. Mr. Orlowski: Any other comments? Ziggy Helinski: Ziggy Helinski, Southold, Tuckers Lane. It's my understanding Southold Town Planning Board 6 May 18, 1998 that property owners adjacent to the property asking for a variance are supposed to be notified about such a variance? Mr. Orlowski: Yes. Mr. Helinski: We were notified, but the people that bought (inaudible) house and the property adjacent to them were never notified about anything. I got this from a letter we got from the Town Attorney. Mr. Orlowski: That's the property that has the house to the west? Mr. Helinski: Right. Mr. Orlowski: OK. Any other comments? Chris Baiz: My name is Chris Baiz. I'm a resident here in Southold. have property both in the west end of the village and the east end. A couple of things I noticed here. First of all I think we're talking about a two story building with an aerial extent of more or less 34-35,000 square feet, so in essence we're double-decked to about 70,000 square feet. And I just want everybody to realize that we're making the owners very wealthy in terms of future revenue stream here, at an average of about 80 cents a square foot month, comes out to about just under Sl 0 a year of revenue per square foot times 70,000 square feet. My God, gentlemen, you have solved the problem for farmland preservation. Let's give every farmer three acres of his farmland to put up another mini-storage facility so we can all save the farmland. I have a couple of problems with the structure as outlined. I drive up and down North Rd., alias Rt. 48, alias Middle Rd, and have noticed that of all the commercial buildings that are presently there between Boisseau Ave. and I don't care how far west you want to go until we get down to Cutchogue, there is no commercial building two stories, or two and a half stories high, however tall this building is to be. If they say two stories, I don't know whether that includes the peaked roof or that makes it to two stories, or whether it's really two and a half stories. But it will make it the largest commercial building on County Route 48 I~etween i~ere and Cutchogue, and probably further west. I'm not sure that this is what we want to see for the future of Southold, es pecially if we're trying to do just the opposite of creating a facility that ncreases traffic, increases transient migration, etc. in and out when we want to instead try to promote tourism and promote our open spaces and our Sour;hold Town Planning Board 7 May '18, 1998 farmland preservation programs. One of the suggestions I have with regard to the building, what we've seen in other countries, and I take particular exception in Switzerland whenever one wishes to put up a new building in Switzerland, even a private residence, one must erect a 2x4 wooden skeleton of that building and it must stay up for six months while the community has the opportunity to drive by every day and see if that's what they want to live with for the next 100, 200 years or what have you. And I think this would be a very good opportunity to start the ball rolling on doing a little more visual sensitivity along Rt. 48 here. Now, if we're going to propose a two story building there and we've got not other two story commercial building along 48 in existence that sort of makes the argument, well let's make it one story. OK, so if we made it one story tall and it still creates a problem in terms of the open spaces and once you've got that building in place, well then the other land around it, well we've got to put something pretty around that so we'll build some shopping malls to make it not look so obtrusive and unattractive and so we have creeping expropriation of the open land by this spot zoning of getting buildings in there which, out in the middle of nowhere, which will simply feed upon itself over the years and the excessive landowners are going to say, well let me put something up now because I have to live with this next door. I don't want to have my home here anymore. So, if we get it down to one story then I could make the argument, well let's just let Jimbo Realty double deck their present facility here at Southold Storage right behind the Post Office, and leave those parcels on 48 untouched and sort of ask Jimbo Realty if they wouldn't make a conservation easement to the Town on that land for ~Deing allowed to double deck over here ~Dy the railroad tracks in Southold Storage. Town Hall is one story high, right? The United States Post Office of Southold, NY is one story high. And every other building that is a commercial building along the north road is one story high. I don't think this is the time to turn around and make an exception to that rule. With the issue of notification process. Something has to be done here. This goes back to my first experience with the Planning Board ~)ack in the 1980's with Southold Villas. never received a notification and I have a 700 foot common boundary with Southold Villas. I never got a notification, only got telephone calls from other concerned citizens. I went to the people who were responsible for sending out the notifications and they apologized. They said, oops, one got away from us. Southold Town Planning Board 8 Ma,/18, 1998 Well, not one got away because I went around and checked with a number of the other current landowners and found that notices for these variances and what have you had been sent to previous owners of those lots, several of whom were deceased so obviously they hit the circular file or whatever, and I [hink the notification process needs to not only be more effective in covering who the current landowners are adjacent to these sites, it must also be done on the first day that someone comes in and wants to file for a variance. Just like putting up the 2x4 structure in Switzerland' and letting it stand for six months to see if anybody disapproves of it first. So, in sum, we've [lot a proposed building plan that's going to make an owner who's already rich a hell of a lot richer. If we did this for every farmer out here we could solve the farmland preservation problem because they could all make S700,000 a year off of such a facility, [ongue in creek of course, and if we could streamline the process of notification and if we could simply change the venue of this building monstrosity and simply allow Southold Storage to be double-decked as opposed to trying to build a double-decker out there on the North Rd. Thank you. Mr. Orlowski: Any other comments? Donna Dzugas-Smith: First of all I want to recognize that I know you're in a difficult position and this has gone too far. And a lot of it lays with ZBA, it doesn't really lay with you. I'm aware and a lot of the people are. But there's a few little things that just need to be rehashed. Number one, notice of public hearing. The Planning Board, per say, you follow it to the letter. The Town code tells you how to follow it. It was revised in 1996. You still follow it. You follow every revision. ZBA doesn't. How come you found the right neighbors, ZBA didn't. That can't be overlooked. This was brought to the attention of the Town Council. It was brought to the attention of Jean Cochran directly at a private meeting and the only response that we got was an ncomplete letter from the Town Attorney. it is not Deing thoroughly investigated. For the site plan to go forward at this point would be improper to all the citizens of Southold ~)ecause this was brought to the Town Board attention the night after you brought it to our attention. This is approximately 3 or 4 weeks ago? Mrs. Cochran has not really addressed the whole issue, neither has Mr. Moore who has been contacted. And we will give you copies of the letter that we got from ~he attorney. The issues we have b'rought to their attention concerning ZBA and the things that were not followed and the codes that were broken, which is breaking Town Law, has not been SoL, hold Town Planning Board 9 May 18, 1998 addressed by the Town. So, if you go along with a final site plan at this point it could become another thing like the ferry where, are we going to get a group of citizens together and fight this and become a legal battle, or are we go~ng to still put this a ittle bit on hold? Now, to move on to the next thing. Something that don't think everyone was aware of, which after looking at all the records at ZBA and the Planning office is that you've tried to voice your opinion. A number of times you've said ~o 1:he ZBA, when they actually requested your input, that you do not stand, you strongly recommend against the issuance of a variance, for a number of reasons Some of the very same ones that have been brought up tonight and a couple of weeks ago. The ZBA didn't listen to you. So, yes it falls back into your lap, where we stand now. All the variances and the special exception, the Architectural Review Committee, it is documented in numerous letters by your committee to the ZBA that you were not standing behind the variances or the special exceptions. You felt the same way we do at this point. We understand where that's coming from We understand the problems with ZBA. Once again, we brought that to the Town Council. They have not addressed that yet. One of the things interesting in the file was the Negative Declaration on the environmental quality rewew. Something that was noted, it says "the environmental assessment form nas been submitted and reviewed and it was determined that no significan~ adverse effects to the enwronment are likely to occur should the project be implemented as planned". I have a problem with that. if you look at the history of all these different entities of Jim Gray, Tim Gray, Pudge Corp., Jimbo, whoever they want to call themselves, things that they've gone into, they get to a certain point and whether they declare bankruptcy or whatever, they step out. Someone else is now with that proJect. Then we as a town [qave to work with a new group. He doesn't even stay with his projects. That's something to note. That's something to think about when you're making a final site plan approval. If you look at Southold Storage buildings there now - it's like an asphalt jungle sort of like the ad said - it's fences, buildings, asphalt jungle. Two buildings in front of it, one's vacant, one's pretty ugly looking, not kept up, vacant. The other thing is, is this storage facility really needed? If it's not really needed, are we setting ourselves up here? Because if the one that's there now isn't full or it also has a lot of lockers that are double locked. Southold Town Planning Board 10 May 18, 1998 meaning that they're delinquent accounts, then we're building another place for that to become the same or not even to be used. If that does fail, just perhaps, what can that building be used for? If that much storage isn't needed in Southold what's the second use for this building? At least when Feather Hills Commons went under, different stores can go in and there's other uses that it can be designed for. The industrial thing over by the dump, that could be used for many different, things Actually that could also be storage, I suppose, when you thing about it. But, what can a storage building with no windows or very few, I haven't looked at details, and just roll up doors and that, really be used for other than what it's said to be used for? And to say that it's not going to be any significant adverse effects. The house next door, which belongs to the Bufkins, three ittle children, and they're a double working family, tiny house one and a Iqalf stories high I guess you'd say, is going to be right adjacent to that. It has a right of way that's going to divide the property that we're talking about here and their ~ouse. They'd love to be here tonight. Can't afford a babysitter, the kids have to go with one of them to work and tiqe other one doesn't get home from the city until later, otherwise they would be here. You're going ~o tell me that that's not going to be an adverse effect to a single residence house that's right next door? I don't see how this matches up. I don't know who made that decision. And there was a letter in here from Suffolk County saying that Southold is accepting lead agency, so does that mean that we're making the decisions or you're making decisions for us, or the Town or whoever is making decisions for the citizens saying, OK they're the lead agency, they're making all these major decisions, because I don't see how you can say..the traffic that's going to go by, the parking if you Look at the thing there's going to be parking in front of the fence maybe? And then the other thing that comes up too when you think about it, 48 narrows down to tWo lanes there, OK? Speed limit is 55 miles per hour. I had some Planning BOard members on my property just last week because i'm proposing a winery and one of the workers actually said "where is that Jim Gray build,lng going up?" They thought it was west, not east. So it's almost like., did anyone really look? When you do a site plan...I was glad they were on my property to say, here's the organic farm, here's where he wants to do his farm stand, nere's what I'd like to do with my winery - one story notice - and a little further down is going to be this two story monstrosity. Did anyone stand on 48 and look and say, OK what effect is this going to have? The other thing if you notice a lot of these records are wrong, it Southold Town Planning Board 11 May 18, 1998 claims that there's no environmental impact because across the street is business. Across the street is not business. Directly across the street from this property is a farm. A little east of that is a business. Then next to them is their own property as this has already been addressed. You Ok this, what is he going to do with the other parcel next to him? Oh gee, two stories went up this time. A couple of years down the road we'll get the ZBA to make a three story OK for something else. We have to look at this. And I know it's very, very difficult and I know more of this lands on the ZBA than it did on you. You did your part, you put it in writing, you didn't support the variances and neither did the Architectural Review Committee. Nobody listened. We're addressing the Town Council on that. We understand that. But we're asking you to hold off the final site plan approval because this is nog through We're holding the council accountable for the ZBA. They did nog follow gown code. You follow town code. They have to follow town code. The bit about that Cochran said that they're autonomous, you're autonomous just as much as they're autonomous. They have to be just as accountable as you. One other thing I have to do because the Bufkins didn't make it here. They wanted this read. It was sent to Jean Cochran, I think you might have gotten a copy. It says, Dear Supervisor and Town Board members. The entire Executive Board and Board of Directors of Kennv's Beach Civic Association vehemently oppose the self storage facility proposed for 48 between Hortons Lane and Tuckers Lane. Unobstructed views of farmlands, open spaces and natural surroundings are what we want as landscaped use of our town, not multiple, two-story, steel structures with side buildings and care- takers residence. Why is the Town purchasing farm development rights with taxpayers money if we al ow such building development to occur and obstruct these views? Where such a development should be permitted in Southold Town is a matter to be addressed by the Town Master Plan and upheld by the Zoning Board. We urge you to stop approval of this ~3roject and any others like it before Southold's Rt 48 looks very much hike Rt. 58 in Riverhead. As elected officials we hold you accountable to protect our interests. Once again, this was addressed to the Town Board, not to you but it's worth noting. The other thing too is what Kind of town code enforcement would be in covenants and restrictions about the buffering of those trees like Bernie mentioned, about not being high enough and that. What about, say they die? That does happen, too much rain, too much wind, whatever. Somewhere isn't it going to 13e whoever owns that parcel in the end of all Southold Town Planning Board 12 May '18, '1998 this, if this does happen, something to protect us that that fence is going to be blocked, that the view is going to be blocked the best we can. Something needs to be stated. Mr. Odowski: Every approval has a one year review, and that includes all the vegetation. If there is a tree that died it has to be replaced and that initiates another one year rewew. Ms. Ozugas-Smith: OK, sosay that one year from the time that it's com;)leted all the trees are OK, then it's closed forever? Mr. Orlowski: Most likely. Ms. Dzugas-Smith: What do we have to do to change that one? Mr. Orlowski: If it's done to the plan, exactly to the plan, there's not much you can do unless he changes the site itself in some way. Ms. Dzugas-Smith: But i'm saying, say the trees die two years down the road, five years down tt~e road, we have these metal structures and this metal chain link fence. That's all you're going to see if all the trees die. Mr. Orlowski: Our enforcement officer would have to go out on that and make sure that ever~hing is alive. Unfortunately we do have a lot of that around the whole town and it is hard to do. But I'm sure that with good people like you around, he'll know when something is dying. Ms. Dzugas-Smith: We have lives to ive too. We can't, like Mrs. Cochran said, "where were you when the codes were made?" It's like excuse me, I have a life to live. didn't run for office, but it's like you have to speak up now. There's no turning this back. This is opening a whole new avenue. If these two-story buildings go up, just think of what's going to .go up on the rest of those business parcels that were re-zoned mostly by Jim Gray Realty many years ago whether they're still owned by him some of them and some owned by other people, whatever, what I'm saying is, yes I know he meets the zoning thing but who says it has to be two-stories? Who says it has t be this? There's got to be something that the Planning Board can protect our wews. It's the whole bit about the Planning, the site plan approval. But even taking that (inaudible), do not forget that the ZBA has broken the town law and that has not been addressed..we're still waiting for the Town Council to get back on that. That has not been addressed. And to only notify four neighbors out of eight neighbors. You notified eight neighbors. Southold Town Planning Board 15 May 18, 1998 Only four were notified by ZBA. And the other thing is they were only notified once. They were notified for a hearing May 1996 for the initial hearing on the ZBA. That hearing was held over to June. It was held over to July, because correspondence was happening between the departments here. It was held over in August, ~eld over in September, it finally got approval October 1996. Do you thinkthat they were sent out again? You sent out new notices to everyone for tonight. You sent it out for last month. ZBA sent it out once and didn't even send it out to everybody. This final site plan if it goes through - major, major things are to be done in the Town Hall, because you can't just say I have nothing to do with them. We have to start holding each other accountable. Thank you. Mr. Orlowski: Any other comment? At this time i'm going to ask to entertain a motion from the Board to hold this hearing open again. I'd like to thank you al for coming down You made some very good comments and I see you've all done your t~omework and you all realize the position that we're in. And just to let you know that Supervisor Cochran and the Town Attorney have both talked to me this week because of these concerns, but the Town Board really at this point in time is not the one making the decisions. We are. I think the fact that there's a discrepancy here as to whether the ZBA did their notifications property, we'll have to check into t~at. And also we might revisit the SEQRA process again but we'll have to take a look and discuss it with the Board. So, I'll hold this hearing open now and I ask for a motion to hold this hearing open. Mr. Edwards: So moved. Mr. Cremers: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Ward, Mr. Latham, Mr. Edwards, Mr. Cremers. Mr. Orlowski: Opposed? Motion carried. MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES AND SET OFF APPLICATIONS Southold Town PLanning Board 14 May 18, 1998 Setting oF Final Hearings: Mr. Odowski: Harbor Park Homes - This public hearing is to amend Condition Number I of the Declaration of Covenants and Restrictions which was filed in the County Clerk's office in Liber 11688 page 434, for the approved subdivision of Harbor Park Homes. SCTM# 1000-97-6-17 and 103-I-20.5 & 20.6 (a.k.a. 97-3-17.1 and I03-I-20.9, 20.10, 20.11 and 20.12). Mr. Cremers: Mr. Chairman, I offer the following resolution. Be it resolved that the Southold Town Planning Board set Monday, June 15, 1998, at 5:00 p.m., for a public hearing to amend Condition Number 1 of the Declaration 'of Covenants and Restrictions which was filed in the County Clerk's office in Liber 11688 page 434. The Declaration of Covenants and Restrictions was filed as a condition of approval for the Harbor Park Homes subdivision. Condition Number I is to be amended to reflect a revised location for the right of way which is located on Lot Number 3. The revised location is shown on the survey dated January 28, 1998, prepared by Joseph Ingegno. Mr. Latham: second the motion. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Ward, Mr. Latham, Mr. Edwards, Mr. Cremers. Mr. Orlowski: Opposed? Motion carried. Sketch Extensions: Mr. Orlowski: William .ax~er - This minor subdivision is for 4 Jots on 2.78 acres located on the northeast side of Griffing St. and the southeast side of School House Rd. in Cutchogue. SCTM# 1000-102-5-9 3. Mr. Latham: Mr. Chairman, I'll offer this. Be it resolved that the Southold Town Planning Board grant an additional six month extension of sketch approval from May t6, 1998 to November 16, 1998. Conditional sketch approval was granted on May 18, 1995 Mr. Cremers: Second the motion. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All Southold Town Planning Board 15 May 18, 1998 those in favor? Ayes: Mr. Orlowsl(i, Mr. Ward, Mr. Latham, Mr. Edwards, Mr. Cremers. Mr. Orlowsl(i: Opposed? Motion carried. SITE PLANS Waivers: Mr. Orlowsl(i: Mattituck Presbyterian Church - This site plan waiver is for a 1,114 square foot addition and alteration to an existing church. SCTM# 1000-141-4-32.1 & 26. Mr. Ward: Mr. Chairman, I'd Iil(e to offer the following resolution. WHEREAS, The MattKucl( Presbyterian Church is the owner of the proPerW known and designated as SCTM# 1000-141-4-32.1 & 26 located on Main Rd in Mattitucl(; and WHEREAS, the Zoning Board of Appeals nas granted a variance for this pon- conforming building with a non-conforming use 'n this Hamlet Busines$(HB) zone; and WHEREAS, an examination has been made of all uses and the existing parking' was determined to be adequate due to public parl(ing facilities across the street; and WHEREAS, the proposed 1,114 square foot addition to an existing church building will not be a more ~ntensive use of this properW; and WHEREAS, the Architectural Review Committee has approved the elevation drawings on April 3, 1998~ 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. Southold Town Planning Board 16 May 18, 1998 Mr. Cremers: Second the motion. Mr. Odowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Ward, Mr. Latham, Mr. Edwards, Mr. Cremers. Mr. Orlowski: Opposed? Motion carried, LOCAL LAW PROPOSALS Mr. Orlowski: Local Law in Relation to Revising the Definition of Freshwater Wetlands. I make a motion we send this letter, the Planning Board and Staff have reviewed the above referenced legislation. We support its adoption inasmuch as it will provide better protection for the Town's freshwater wetlands. Mr. Cremers: Second the motion. Mr. Orlowski: Motion made and seconded. Any questions on the mo~ion? All those in favor? Ayes: Mr. Orlowski, Mr. Ward, Mr. Latham, Mr. Edwards, Mr. Cremers. Mr. Orlowski: Opposed? Motion carried. I have nothing left on my agenda. If anybody has any comments or questions? Anybody want ~o adjourn? Mr. Latham: I move we adjourn. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. All those in favor? Ayes: Mr. Orlowski, Mr. Ward, Mr. Latham, Mr. Edwards, Mr. Cremers. Mr. Orlowski: Opposed? Motion carried. Southold Town Planning Board ~7 May 18, 1998 There being no further business to come before the Board, the meeting adjourned at 8:~0 p m, Respectfully submitted, Bennett OdowskL Jr, Cha Mar[ha A. jones Secretary RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE &))~/~ aOUR /I Town Clorl% Town of Southold