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HomeMy WebLinkAboutPB-06/15/1998PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCI-IIE LATHAM, JR. RICHARD G. WARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MINUTES June 15, 1998 Present were: Bennett Orlowski, Jr., Chairman Richard G. Ward Kenneth Edwards William Cremers Melissa Spiro, Planner Robert G. Kassner, Site Plan Reviewer Martha Jones, Secretary Absent: G. Ritchie Latham Valerie Scopaz, Town Planner Mr. Orlowski: Good evening. I'd like to call this meeting to order. The first order of business, Board to set Monday, July 13, 1998 at 5:30 p.m. at Southold Town Hall, Main Rd., Southold, as the time and place for the next regular Planning Board meeting. Mr. Cremers: So moved. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. All those in favor? Ayes: Mr. Orlowski, Mr. Ward, Mr. Edwards, Mr. Cremers. Mr. Orlowski: Opposed? Motion carried. PUBLIC HEARINGS Mr. Orlowski: Harbor Park Homes - This pubJic 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 $outhold Town Planning Board 2 June15,1998 approved subdivision of Harbor Park Homes. SCTM# 1000-97-6-17 and 103- 1-20.5 &20.6 (a.k.a. 97-3-17.1 and 103-1-20.9, 20.10, 20.11 and 20.12). I'll ask if there are any comments on this amendment of the conditions? John Lademan: It wasn't printed in the paper what the amendment was. Ms. Spiro: The amendment is to-revise the road location. You got a copy of that in the mail l believe. Mr. Lademan: But my neighbors...it would be nice if they knew what it was. Mr. Orlowski: Your neighbor on the other side didn't get it? Mr. Lademan: I don't know, but I'd like to ask some questions when you're ready. Mr. Orlowski: Go ahead. Mr. Lademan: My name is John Lademan, a resident of Harbor Lane for 31 years and my property adjourns the right of way into lot number 3. First of all I'd like to ask you, what is the square footage of lot number 3, to make it a legal lot? Mr. Orlowski: That lot went to the ZBA for a variance, so it had a variance. Mr. Lademan: And that included the 50 foot by 140 to the back of Dobeks to make it a legal lot, right? Mr. Orlowski: Yes. Mr. Lademan: Then how can you take 7,000 square feet from that legal lot and make a road out of it? 140 by 50 to the back of Dobeks - take that off a legal lot, is that lot going to be legal? Mr. Orlowski: It's still a lot. Whether that road goes through it or not it's still all one lot Ms. Spiro: The ZBA recommended it that way. Mr. Lademan: No, I'm talking about, can you take it and made a road out of a legal lot? Is that lot going to be legal? If that lot was legal, yes the way it is now. I'm asking you can you take 7000 feet off of that? Southold Town Planning Board 3 June 15, 1998 Mr. Orlowski: Take if off completely? Mr. Lademan: That's what you're doing, Mr. Orlowski: How do you figure that? Mr. Lademan: 50 foot by '150 - that far in is going to be used for a road. Mr. Odowski: But the road was there anyway. Mr. Lademan: No it wasn't. There's a right of way in there. Mr. Orlowski: Yeah, 50 foot. Mr. Lademan: But that was taken to make that a legal lot. Mr. Orlowski: l think it's noted in the ZBA's decision. Mr. Lademan: I was here for that meeting, and they told me that it went...it was a couple of years ago - they said the right of way was go~ng in there driveway instead of 50 foot. I have no objections to the lot or anything like that but I'd like to know how you can take 7000 feet from a lot after it's approved and it's not two acres? It's 2'1 foot from my garage. You're going to ~ave cars whizzing in and out. It was changed from 50 foot...it was changed fromjus~ a right of way to make that a legal lot, The two boards should get together. Mr. Orlowski: Well, the ZBA decision back in '1992... Mr. Lademan: No it was later than that. It was a couple of years ago. Mr. Orlowski: May 7, 1992. And it said, "resolved to grant a variance for proposed lot number 3 of 73,904 square foot, (or 58,400+- when excluding the possible future 50 foot by 310 foot "tap road"to land now of Dung), and frontage along the westerly side of Harbor Lane of 50 feet, all as more particularly shown on the sketch map prepared by Roderick Van Tuyl, referred to as Harbor Park Homes." Mr. Lademan: So in other words they approved the 58,000 foot lot instead of 74? Mr. Orlows[(i: Yeah. Southold Town Planning Board 4 June 15, 1998 Mr. Lademan: That isn't what they said at that meeting. Mr. Odowski: That's the resolution and it's signed. .Mr.. Lademan: I spoke at that meeting on... Mr Orlowski: The lot is approved as 58,400 square foot. Mr. Lademan: What part of an acre or two acre is that, what percentage? Mr. Orlowski: Well, the ZBA made that decision but from 80,000 to 58,000 so it's about 25%. Mr. Lademan: That's good planning. Mr. Orlowski: It's a ZBA decision. Mr. Lademan: What are you going to do about the traffic around Main Rd., the road there and the traffic coming on Harbor Lane, right now we have a problem. You wait five minutes to get onto the Main Rd. Did anybody look into that? Mr. Orlowski: You thought that road was extinguished? Mr. Lademan: Yes, that's the way it was explained. There was a driveway type to make that a legal... Mr. Orlowski: Well, the applicant is only asking to curve the road. The 50 foot stil stays in there. Mr. Lademan: What are you going to do about the traffic it creates? Mr. Orlowski: We haven't gotten that far yet because there's no.. Mr. Lademan: Well, don't you think you should look into it? Mr. Orlowski: Well, this has existed since forever so, whenever that subdivision comes... Mr. Lademan: You can't get out to the Main Rd. now. So, two acre zoning is out the window, you don't need it. Mr. Orlowski: Welt if you go to the Zoning Board, I guess you can... Southold Town Planning Board 5 June 15,1998 Mr. Lademan: I was at that meeting. What good does it do? They tell you one thing and now you guys are doing something else. Mr. Orlowski: We're only doing what's in writing here. Mr. Lademan: 58,000 square feet. Mr. Orlowski: Any other comments on this? Jody Adams: I don't know anything about this at all except that I would suggest that he look into the transcript of the ZBA and see if it's consistent with what you have, Mr. Orlowski: Any other comments? John Lademan: Could I say one more thing? t would be nice if the property owners down the road would see the sign that had been put up. There was a sma one up, it lasted one day and the wind blew it down and it's still laying flat onthe ground, so the neighbors would Know what piece of property it effects. Mr. Droge: I'm the property owner. I put up the sign and I checked it three times, it was up for at least seven days. I know it's down now, but it was up at least seven days that 1 know of. And did send notices to everybody that adjoined the property and across the street on-Harbor Lane. Ms. Spiro: Do you have the receipts? Mr. Droge: Yes. Ms. Spiro: You don't have to give them to us right now. Mr. Orlowski: Any other questions or comments on this? Does the Board have any pleasure? I'll entertain a motion to close the hearing. Mr. Cremers: So moved Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those n favor? Ayes: Mr. Orlowski, Mr. Ward, Mr. Edwards, Mr. Cremers. Southold Town Planning Board Mr. Orlowski: Opposed? this? 6 Motion carried. June 15, 1998 Does the Board have a pleasure on Mr. Ward: Mr. Chairman, I'd like to offer this resolution but with the clarification that this is an existing right of way that was there and it is a slight change to that. It doesn't change any pre-existing conditions that were on the subdivision. WHEREAS, the Southold Town Planning Board granted final approval to the Harbor Park Homes subdivision on November 14, 1994; and WHEREAS, Lot Number 3 in the approved subdivision contains a 50' wide area shown as "Reserved for Possible Future Road"; and WHEREAS, as part of the subdivision approval, a Declaration of Covenants and Restrictions was recorded in the office of the County Clerk; and WHEREAS, Condition Number I of the Declaration of Covenants and Restrictions describes the metes and bounds for the 50' wide area shown on Lot Number 3 as "Reserved for Possible Future Road"; and WHEREAS; the owner of Lot Number 3 has applied tothe Planning Board to revise the location of the 50' wide area shown as "Reserved for Possible Future Road"; and WHEREAS, the proposed revision is shown on the January 28, 1998, survey prepared by Joseph A. Ingegno, Land Surveyor, and is described in Exhibit "A" of the Certificate of Correction; and WHEREAS, the Declaration of Covenants and Restrictions can be modified only at the request of the owner of the premises, with the approval of the Planning Board, after a public hearing; and WHEREAS, the Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has received affidavits that the applicant has complied with the notification provisions; and WHEREAS, the public hearing to amend Condition Number I of the Declaration of Covenants and Restrictions was held on June 15, 1998 and closed on the same day; be it therefore RESOLVED that the Planning Board approve the request to revise the location of the 50' wide area shown as the ,'Reserved for Possible Southold Town Planning Board 7 June15,1998 Future Road", and authorize the Planning Board Chairman to endorse the Certificate of Correction, subject to the following conditions: The entire area on the north side of the 50' wide right of way shall be planted with a mix of evergreens prior to the Planning Board Chairman endorsing the Certificate of Correction. The Certificate of Correction must be recorded in the Suffolk County Clerk's office. A copy of the recorded document must be presented to the Planning Board. The Declaration of covenants and Restrictions which has been amended to reflect the revised right-of-way location must be recorded in the County Clerk's office. Acopy of the recorded document must be presented to the Planning Board. Mr. Cremers: Second the motion. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Ward, Mr. Edwards, Mr. Cremers. Mr. Orlowski: Opposed? Motion carried. Hearings Held Over From Previous Meetings: 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 Rt. 48 (a.k.a, North Rd., Middle Rd.) in Southold. SCTM# 1000-59-4-8 & 9. This hearing is held open, are there any comments or new comments that anyone would like to make? Bernard Heinisch: My name is Bernard Heinisch. I hive on the North Rd, County Rt. 48. I'd like to know the status of this building at the present time in the planning stage. I understand that you have recommended that a pitch roof be put on the buildings. And then I heard that a hip roof would be put on all the buildings with a 5 inch pitch. Can you tell me which one it i~s at this time? Southold Town Planning Board 8 June tS, 1998 Mr. Orlowski: No, because we haven't talked to the applicant yet. I see the applicant is here tonight. He wasn't in town to hear this and we discussed it at the work session... Mr. Heinisch: Is this the applicant's choice or your mandate? Mr. Orlowski: 'm not sure yet. I nave to find out what the applicant has to say about it. He has his chance to... We as a Planning Board, and at tlqe last work session thought that a hip roof would be a better appearing... Mr. Heinisch: It appears with a 5 inch pitch, you are raising the roof line up to 14 foot 6 inches higher than what it is now. I also understand that you're pushing it into the ground approximately 4 foot, even with the road. This means that it is going to be sticking above another 11 feet. And this is a standing seam metal roof. What color is it going to be? Red? Do you have anything to say about the color? Mr. Kassner: Well, the existing one was a burgundy, but we haven't discussed it yet with the applicant yet, so we don't know. Jody Adams: Should you discuss it now? Mr. Kassner: No, I don't think so. We're going to do it after this public meeting at the work session. Mr. Heinisch: Do you intend to hold another meeting to let the people know? Mr. Orlowski: We're going to have a work session after this. This hearing will be held over. Mr. ~leinisch: Is there any thought about covering the existing steel building with wood siding? The Raphael Winery - the architects said it was ~nconsistent with surrounding buildings, so they kept pushing it back. Originally it was 190 feet back, now it's another 400 foot back, because of the style and the inconsistency. Of course, this one here you can't push 600 foot back because the lot is only 300 feet It would be good if you could make it disappear. 'm sure it would be pleasing to everyone. I understand by reading the minutes of the Board of Zoning and Appeals that Mr. Jim Gray made statements where the one residential building that he is going to put up would not ~3e rented out. It was strictly a caretakers quarters. He also said that there will be no retai sales operation or shopping center. And he would do whatever is necessary in the deed to make it so. Southold Town Planning Board 9 June15,1998 So I assume that at that time he was ready to list a covenant, an irrevocable covenant on the property. I do no see anywhere in the records that he had. I don't know, did anyone ever read the minutes? I'm asking a question, I don't know. Mr. Orlowski: Well, since this hearing is still held open there is no resolution prepared. Mr. Heinisch: Would you like a copy of the minutes? -Mr. Orlowski: No. Mr. Heinisch: No? Mr. Orlowski: We have plenty of paper up here. Mr. Heinisch: There's nothing that can be done as Mr. Gray has stated that he would...he also said that he would do whatever is necessary in the landscaping. Has the landscaping been changed? The tallest bush out there was going to be 8 foot. -le would do whatever is necessary. Are we going to go with some 30 foot? I don't know. Mr. Orlowski: Keep making the comments, we're listening. Mr. Heinisch: I stil would like to go on record that the complete building s a waste. You're not doing an~hing at all to preserve the greenery whatsoever, or the farm habitat. Thank you Mr. Oriowski: Those ZBA covenants wil be addressed in our resolution, to back up the ZBA's covenants, and we always do that. That's the ZBA's covenants We may have others after this. Mr. Heinisch: But I don't know if the ZBA ever asked for a covenant. It's in the m nutes where he suggested he would give it but I don't know if they ever asked him for it. Mr. Orlowski: Well I'm sure we'll pick it up. Mr. Heinisch: You will pick it up? Mr. Orlowski: I'm sure. Any other comments? Jody Adams: I'm Jody Adams. I have sent your board, which you have Southold Town Planning Board 10 June15,1998 received, two separate things. One of which I sent Mr. Gray, the other one t did not. One is two page, that was the first one, and the other one was six and half. When I wrote it thought I'd get up and read it and don't think will, especially since you will have another hearing and so we'll see whether any of it is really necessary. There are certain things that you don't seem to consider, many of the things that am interested in you seem to have. On the negative side of a storage unit, it is very similar to a pawn shop. Many people who take their belongings there are economically desperate. They have no place to put what they have and they think they want to save it and they take a few dollars and they give it to the pawn shop, the storage unit. And then they abandon it. And so don't think you all have discussed at all how this affects our waste stream, or have you? Because a lot of waste is generated by these units At one time the better waste was sold at...Mr. Gray may or may not have discussed this, I would love to hear a lot from him on these things. At one time the Town permitted the storage units to hold a yearly sale which would include abandoned property worth selling and then individual unit owners who wanted to get rid of things would also join n. And then a year ago the Town decided this was illegal and so they were prevented from doing that. And so this is something that some consideration might be given to. don't know that much, but how do you...say there's no demand in ten years, something has happened, we're all dead, whatever. How do you get rid of two acres of black top and create something new from the existing self storage? Technically, can somebody tell me, can you just go around with a jack hammer and spend the rest of your life trying to get it up? Seriously. And how much of the new unit is going to be black top? I'm asking you, I'm really asking you this question. I can't read...I looked at your blueprint and 'm not that good with blueprints Do you know what proportion of this two and a half acres is going to be blacktopped? Mr. Orlowski: It's on the print. Ms. Adams: You don't know off the top.. ,can you ask Mr. Gray or is that not proper? Mr. Orlowski: No, this isn't a debate. You have to address the Board. Ms. Adams: I am addressing the Board. I'm asking you can you ask Mr. Gray. No? Because he's a third party or something? Southold Town Planning Board '1'1 June '15, '1998 Mr. Orlowski: Yeah, we'll just keep it to...we can look it up, but it's quite a bit. Ms. Adams: Alright. For years and years and years and years I've sort of objected as various Boards have told people you've got to put cement here to protect the creeks, and instead cement leaks'junk right into the creeks. I saw recently, yesterday, during the torrential rains I was walking through A&P and then go through eight inches of water. And there was oil and grease and junk. It was disgusting. The plans I did note said self storage units did not have toilets for the public. Where does the public go to the bathroom? I think that's wrong. In the existing unit there is a bathroom n the office which generally the public was able to use when that office was unlocked. Now, I presume you Know that some kind of transition has taken place at the old Southold self storage. There is new management. Are you aware of this? Norwards (?), his tenants, about two weeks ago roughly, the man who was manager there said Jody, a week ago I was told there is going to be new management. They're coming in on Wednesday. Scott had quit because he's affiliated with Mr. Gray. don't know what I'm going to do, they haven't asked me to stay over. And then the next day he quit and so in came these people in red and white from Cleveland who, I'm told reliably or now owned the mother bank which mortgaged this proPerty and are maybe reclaiming it. Your records don't indicate anything. And my understanding further is Mr. Gray's property in Cutchogue already has been transferred, but again no records indicate this. The economics are mysterious. That is a very ugly project. It is a horrendously ugly project. It seems at the moment to be fairly successful, whoever is running it. I am told these Cleveland people are Funning it but I don't know the truth on that. As we know, the Feather Hill project is not doing'well. It's not dead, but it was a beautiful thing and now it isn't and it's quite empty and it's a little bit dangerous. It's decaying a little bit. And I looked up some of these things and I found that Mr. Gray invested a whole lot just before the market fell in 1987 and I think that's sad. But I question that you now allow him to build this new building without some idea of whether he is economically sound. These people tell us that he is rich What that means, don't know, If he's rich he's not running these places well, he's running them like pawn shops. And I think that's enough for today unless you have any questions. I do have Southold Town Planning Board 12 June15,1998 a unit there, have had for some time and can give you some details if you're interested any time. Mr. Orlowski: Thank you. Any other comments? Ms. Adams: May I say one more thing? This is again...I don't know how to get an answer to it, Mr. Gray and his staff, some of who are here tonight, they do not take credit cards. Now this ma~y Be choice, it may have been that economically he couldn't. This is difficult for some people who might have been Kinder to people had he taken credit cards, rvlr. Gary and his staff demanded one month deposits on all his units, and 'm told maybe reliably maybe not, that the new people don't. They, one, are taking credit cards immediately and two, are not taking deposits. Now I don't know where my deposit is, who has it or if I'm ever going to get it back. And this being a fairly small town is something also you might consider. Mr. Orlowski: Anyone else? Bernard Heinisch: I'd like to make another comment, tt was made before. I wonder [~ow many people can read this? This is the size of the notice that you put on your property. And this is not a walking community, this is a riding community. When you see a notice like this...why not come out with a s~gn that is at least 2x3 so people can see it? You can't read this unless you get close to it. On 48, you have to stop your car, get out of your car and walk another 20 foot to read it. Why not come out with a sign that's going to say something and tell the neighbors what is going on. A sign this size...you can charge more for your permit to cover the s~gns. Mr. Orlowski: That's probably a good idea. For years we never did put up signs. Anyone else? Donna Dzugas-Smith: Slowly we uncover more from the Town Hall, with the ZBA minutes, which I didn't realize was also public record. It's interesting to find out that there wasn't a lot of support to this thing from a lot of different people, but it seems like a few people are supporting this. And why do they carry more weight? (change tape). Like Bernie said, if you've read the ZBA minutes, one thing thats raised in my mind is there seems to Be one member that's kind of supporting this, and then the other members asking legitimate questions. Your letter sent to the ZBA asked legitimate questions. The ZBA overrides everybody and makes a decision that's contrary to the popular vote within the Town Hall and within the Town. That's a concern. Southold Town Planning Boarc~ June15,1998 We'd like you to re-read the ZBA minutes on all the meetings held. The holdovers are very interesting. I kind of thought that holdovers were held...I didn't know why, now there seems to be other reasons why these holdovers why they were held month after month after month. You can make your own deductions, you can read, you can use the facts. There are a lot of facts in these m~nutes that were not in the general record. The ones that I'd like to point out the most that I hope you pick up on, ~s the one that Bernie said about the caretakers quarters. Mr. Gray himself is quoted as, "it's just a caretakers quarters for a larger operation." Large operation. "We'd be glad to give the Board any guarantee that this will never be turned into a shopping center or any retail operation and if it works out we'l put it in the deed, and the quarters will never be rented out to anybody at any time, and they will never have any children." The maximum height of the buildings will be 22 feet. think that's gotten taken away from. I don't think two stories for what he's building and where it is, I don't thinks that anywhere I've heard that the (inaudible) is 22 feet. This is in the ZBA record that Jim Gray says that the maximum height of the building will be 22 feet. He's given a variance on something he said here, let's make sure it doesn't go over 22 feet. "1 will landscape to your specifications. Whatever you want." What has the public asked for? They asked that if this building has to exist, if it i~as to happen, we want it completely hidden. We want it hidden so that you know that there's farmland behind it and you can see that farmland. If that means he has to spend SI00,000, 200,000 whatever he has to spend, in the records there are different estimates of what he could spend to properly hide those buildings. He's offered that. Let's take him up on his offer. Interestingly enough, what's the inside of the building like? I also don't understand blueprints too well yet. When they're talking about the inside of the makeup of the building in the notes, one of the members of the Zoning Board .... "well, you don't even know how many units that would even be in there because you're saying that it's going to be 5xfl 5, 15x20"...and then Jim Gray's answer, "Probably. It's going to be 5x5, 5x15, 5x20..." or, or, or, or. He's not even sure what the inside is going to be like. Do you realize one of his main objectives for this planning is that this particular building, how it's going to be different from the other existing building that is no longer his, is that it's going to be climate controlled so that different things can be stored n there supposedly, tike antiques, etc. There was a suggestion here of what could be stored $outhold Town Planning Board 14 June15,1998 Climate controlled. I'm not very versed on it but Mr. & Mrs. Bufkins are very concerned beings that they are the adjacent neighbors what kind of noise level those air conditioners and climate controls are going to create. I used to live in Bellport, a nice quiet community. They built a nursing home just half a block away. Whenever their climate controls went on it sounded like an airplane taking off. And we have to go to their Town Board and get them to put buffering and that stuff on. You still could hear it but it wasn't quite as loud as an airplane taking off anymore. Something we need to look at as far as how loud these things are going to be to make it climate controlled. The other thing is one of the members suggested...it sounds more like what you'd rather have Mr. Gray is one big building, and you said yes, it is economically probably better to have one big building but that's not what will be permitted on that particular site. Maybe he shouldn't use that site. A member of the Zoning Board said he has a concern that in the Master Plan in 1980- something, the USUK had said that Southold better stop now because you're creating a sea of asphalt that the biggest drawback of your public buildings, your business buildings is that you have a sea of asphalt in the front and it seems to be contrary to your comprehensive plan. Well, we're going to have a sea of asphalt in the front, the back, the side, the middle, everywhere in this particular operation. I think you do have to worry about the colors of the building. As you know, I'm a neighbor that's a ittle further down, a block or two down and I'm in a proposal stage also, but 'm already being told about setbacks. Just because have more land, I have to make sure I'm going to set it back, set it back far, set it back far, and 'm doing a little tiny building. Because he has a small piece of land he doesn't have to set it back. He has a variance for that already. He can build up high. It just seems like there are a lot of concerns here that I hope, which had found so far, that you're aware of. I hope you don't forget them. I hope you keep looking a[ them. I hope you go back and read things. There's a lot of things we could go over here but I know that you can go over it. You'll probably get more out of this than I did. This is an eye opener for me that the ZBA wasn't totally behind this. One of the things also brought up, I didn't outline the story because I just came back from a trip to Indiana for a wedding, so I wasn't totally prepared for this, but someone also asked, "is this going to be like the building on Rt. 112 off the expressway?", and the answer was yes. So is that our plan for Southold? The North Rd is going to become looking like the expressway. There's that storage building, it'sjust ike the one on 112, and the answer was given by the Chairman of the ZBA. $outhold Town Planning Board 15 June 15, 1998 Mr. Orlowski: Any other comments? I'll entertain a motion to hold this hearing open. Mr. Cremers: So moved. Mr. Edwards: Second. Mr. Orlowskk Motion made and seconded. All those in favor? Ayes: Mr. 0rlowski, Mr. Ward, Mr. Edwards, Mr. Cremers. Mr. Orlowski: Opposed? Motion carried. MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES AND SET OFF APPLICATIONS Final Determinations Mr. Orlowski: Robert Rowehl - This proposed minor subdivision is for 3 lots on 37.25'18 acres located on the north side of Oregon Rd. and the south side of Sound View Ave. in Mattituck. SCTM# 1000-100-2-6. Mr. Cremers: Mr. Chairman, I'1t offer the following resolution. Be it resolved, that the Southold ToWn Planning Board authorize the Chairman to endorse the final surveys dated May 12, 1998. Conditional final approval was granted on August 11, 1997. 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. Ward, Mr. EdWards, Mr. Cremers. Mr. Orlowski: Opposed? Motion carried. (Chairman endorsed surveys) SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Lead Agency Coordination: Soul:hold Town Planning Board i6 June 15, 1998 Mr. Odowski: Nextel Communications - This proposed site plan is for a 77 square foot prefabricated equipment enclosure and to affix three (3) antennas to an existing monopole tower, in Mattituck. SCTM# 1000-108-4- Mr. Ward: Mr. Chairman, I'd like to offer the following resolution. Be it resolved that the Southold Town Planning Board start the lead agency coordination process on this unlisted action. Mr. Cremers: Second the motion. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. 0rlowski, Mr. Ward, Mr. EdWards, Mr. Cremers, Mr. Orlowski: Opposed? Motion carried, Determinations: Bell Atlantic - This proposed site plan is to erect a 99 foot telecommunication tower for cellular antennas and an associated 12 foot by 40 foot unmanned equipment shelter, in Mattituck. SCTM# 1000- 141-3-34. Mr. Edwards: Mr. Chairman, I'll offer the following resolution. Be it resolved that the Southold Town Planning Board, acting under the State Environmental Quality Review Act make a determination of significance and grants a Positive Declaration. Mr. Orlowski: I'll ask if there are any questions on ,that motion? Matthew Pachman: Good evening. My name ~s Matt Pachman of Pachman, Pachman and Brown, for the applicant. 1 appreciate the opportunity to be heard on the motion. Mr. Chairman and members of the Board we had an opportunity to submit a response to the March 30, 1998 correspondence from your planning consultant Nelson, Pope and Voorhis which provided the review of the very detailed, expanded Part III EAF which the applicant had submitted and it was that document which responded to questions and requests for additiona information, by Mr. Voorhis on behalf of the Planning Scut:hold Town Planning Board 17 June~5,1998 Board. And the Planning Board when they reviewed the various submissions that the applicant had made. In addition, we had requested that all of the documents and all of the transcripts which had been presented to and made before the Board of Zoning Appeals be made a part of this record. And with the Boards indulgence I'd like to have an opportunity to have our planning consultant, Ms. Elkowitz of Freudenthal & Elkowitzjust address some certain additional concerns. Thank you very much. Theresa Elkowitz: Good evening Mr. Chairman, members of the Board. For the record my name is Terry Elkowitz and I'm a principa of the firm of Freudenthal & Elkowitz Consulting Group with offices at 368 Veterans Memorial Highway in Commack. Now, as I'm sure you know the purpose of the State Environmental Quality Review Act and its implementing regulations is to allow a dec~sion making board such as yours and the Zoning Board of Appeals to take a hard look at the potentia adverse environmental impacts of an action such as that before you. And also to weigh those environmental mpacts against the social and economic benefits and any objectives of the project sponsor. Now with regard to the analysis of environmental impacts as Mr. Pachman said, there were two hearings before the Zoning Board of Appeals on this matter. There was extensive testimony to document the need, the area of the service deficiency, whether or not there were any alternative sites available and the impacts of the action. There was also a visual analysis that was submitted to the Board. At the request of this Board through your planning consultant Mr. Voorhis, apart III Environmental Assessment Form which is this book that's before me, was prepared and submitted What Mr. Voorhis asked on behalf of the Board is that we analyze potential land use conflicts, visual intrusion and historical impacts of the proposed project. We analyzed each of those issue~ in great detail and we submitted it. And on March 30 your planning consultant issued correspondence offering his rewew and commentary on the Part Ill EAF. Now, what's interesting to me is that there were a number of conclusions that your own planning consultant drew and I have, I'm sure that you have a copy of the March 30, if you'd like I'll submit it for the record. He concluded based upon the Part III EAF, and I quote, that there would be 'minimal impacts to natural resources." He also stated that the EAF, and I quote "provides a detailed affidavit supporting the need for the proposed project which discusses the methodology concerning the location, height of the Southold Town Planning Board 18 June15,1998 proposed antenna" and concludes that, and I quote again,. "it appears that a gap in coverage exists and that a 100 foot tower will be necessary to provide adequate service for cellular communications." With regard to land use impacts he concluded the proposed project does appear to be congruent with the types of adjacent industrial uses along the south side of Westphalia Ave. With regard to historic resources he states, and I quote, "no direct impacts to historic resources will occur as a result of the construction of the bell tower." And may I refresh your memory, as a mitigation measure to the standard pole, the applicant came back in the Part III EAF and offered mitigation to construct a bell ~ower which is significantly more expensive than a standard monopole. Your consultant also stated, and quote, "the project sponsors nave offered some mitigation to m~nimize visual impacts. The base of the tower will be fenced and screened with six foot white pines and the equipment sh citer will not be visible." And he finally concluded that there was mitigation that was offered. However, in conclusion in the letter to you he says if you feel that these impacts are going ~o be significant you have the right to issue a Positive Declaration. What I don't understand, quite respectfully, is if you've asked for all this information, we provided it to you, we provided it to the Board of Appeals, you have the information necessary for the Board to make a decision. And it seems to me that there is no other information that we could give you ~n the confines of a DEIS that you haven't already asked for and received. This application has been pending for over a year and it seems to me to be unfair and not useful from an environmental analysis prospective to further delay it by issuing a Positive Declaration. Thank you very much. Mr. Orlowski: Anyone else have a comment? Mr. Pachman: Mr. Chairman, I'm sure the Board is aware the new Local Law Number 26 of 1997 states that public utilities facilities such as this should be sited in industrial zones, and that is where this is sited. And given that your environmental consultant reviewed the various submissions, targeted certain questions, asked for this expanded Part III which was provided, I again want to stress what Ms. Elkowitz said that the issuance of a Positive Declaration is not going to put the Planning Board in a position of having any further information that has already been submitted. The other interested, agencies, the Board of Zoning Appeals, and they are the ones that had the benefit of the extensive hearings with al the submissions Southold Town Planning Board 19 June15,1998 which I trust that this Board has had an opportunity to review and given that I again want to repeat what Ms. Elkowitz said that issuing a Positive Declaration on this telecommunications facility in an industrial zone, with the Board having the benefit of al this information, especially with the targeted requests of your environmental consultant which resulted in this expanded Part III, we would suggest that there would be nothing additional gained, there would be no useful purpose in declaring a Positive Declaration. Thank you. Mr. Orlowski: Does the Board have any comments? You've already asked for a few postponements on this. We just got this this afternoon. Is it alright if we hold this resolution until we review it? Mr. Pachman: Mr. Chairman, if I may ask, when it would next be considered? Mr, Orlowski: The next meeting. Mr. Pachman: I'm sorry, and when would that be? Mr. Orlowski: July 13 at 5:30 p m. Three weeks. Mr. Pachman: Certainly Mr. Chairman, if there is a possibility of reconsidering the motion, we really do feel very strongly about that and certainly if there is a possibility of the motion to be reconsidered then we would certainly be willing to appear back on July 13. Mr. Orlowski: OK. We'll review all these comments and we'll hold this motion. Mr. Edwards: I'll withdraw the motion. Mr. Ward: I'll withdraw my second. LOCAL I_AW PROPOSALS Mr. Orlowski: Local Law in Relation to Revising the Definition of Freshwater Wetlands. There's not much of a change from before. 'd like to make a motion that the Planning Board and it's staff have reviewed the above- referenced proposed legislation. We support its adoption inasmuch as it will provide better protection for the Town's freshwater wetlands. Mr. Edwards: Second the motion. Southold Town Planning Board 20 June 15, 1998 Mr. Orlowski: Motion made and seconded. All those in favor? Ayes: Mr. OrlowsKi, Mr. Ward, Mrl Edwards, Mr. Cremers. Mr. Orlowski: Opposed? Motion carried. APPROVAL OF PLANNING 'BOARD MINUTES Mr. Odowski: Board to approve the April 27 minutes. Mr. Cremers: So moved, Mr1 Ward: Second. Mr. Orlowski: Motion made and seconded. All those in favor? Ayes: Mr. Orlowski, Mr. Ward, Mr. Edwards, Mr. Cremers. Mr. Orlowski: Opposed? Motion carried. And also the minutes of May 18. Mr. Edwards: So moved. Mr. Cremers: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? those' in favor? All Ayes: Mr. Orlowski, Mr. Ward, Mr. Edwards, Mr. Cremers. Mr. Oriowski: Opposed? Motion carried. I'll ask if there is anyone who would like to speak on the record before we adjourn? We will have a work session following this so... Ms. Adams: Again, you all dGn't seem to be answering anything so I will just throw something out simply because I haven't heard anyone else mention it. I Believe it was before this Board, to do with the Riverhead Lumber in Greenport? Is that you all? They were talking about the CCA lumber being outside and near homes and they were afraid of the fumes and one thing or another. This group reminded me that I am concerned in that our grapevines our grapeyards, whatever they're called, anyway, seem to use CCA impregnated things for their grapes, their grapevines. And 'm wondering if anyone at all has ever thought whether this is unhealthy? They use a lot of it. The plants are absorbing it as they grow. It's in the ground, and I would like the Town to at least star~ talking about that. Thank you. Southold Town Planning Board 21 June i 5, 1998 Mr. Ortowski: If there are no further comments for the record, FII entertain a motion to adjourn. Mr. Edwards: So moved. Mr. Cremers: Second. Mr. Orlowski: Motion made and seconded. All those in favor? Ayes: Mr. Orlowsl<i, Mr. Ward, Mr Edwards, Mr. Cremers. Mr. Orlowski: Opposed? Motion carried. There being no further business to come before the Board, the meeting aajourned at 5:50 p.m Respectfully submitted eh-6ett 0r~O~v~i,-Jr., Ch~rman Martha A. Jones Secretary RECEIVED AND FILED BY ~ sou~O~.D To~ c~ D~. 7/~ 1~o~ //:~ To~ ~erk, To~ of Southold