Loading...
HomeMy WebLinkAboutPB-07/14/1997PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE 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 Present were: PLANNING BOARD OFFICE TOWN OF SOUTHOLD MINUTES July '14, '1997 Bennett Orlowski, Jr., Chairman I~icharc~ G. Ward G. ~itchie Latham Kenneth Edwards William Cremers Valerie Scopaz, Town Planner Melissa Spiro, Planner Robert G. Kassner, Site Plan I~eviewer 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, August '1'1, 1997 at 4:30 p.m. at Sou~holct Town Hall, Main F~d., Southol(~, as the time and place for the next regular Planning Board meeting. Mr. Cremers: So moved. Mr. Latham: Second Mr. Orlowsld: Motion made and seconded. All those in favor? Ayes: Mr. Orlowsld, Mr. Ward, Mr. Latham, Mr. Edwards, Mr. Cremers. Mr. Orlowski: Opposed? Motion carried PUBLIC HEARINGS Subdivisions: Southold Town Planning Board 2 July 14, 1997 Mr. Orlowski: 4:30 p.m. Elsie Jerred Parkin - This proposal is to set off: a 27,387 sq. ft. parcel from an existing 64,911 sq. ft. parcel located on Skunk Lane (Bay Ave.) in Cutchogue. SCTM# I000-I04-4-27. '11 ask if there are any comments on this subdivision? Any comments from the Board? Mr. Ward? Mr. Ward: No. Mr. Orlowski: Mr. Latham? Mr. Latham: No. Mr. Orlowsl(i: Mr. Cremers? Mr. Cremers: No. Mr. Orlowski: Mr. Edwards? Mr. Edwards: None. Mr. Orlowski: If there are no comments, '11 entertain a motion to close the hearing. Mr. Edwards: So moved. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded All those in favor? Ayes: Mr. Orlowsl(i, Mr. Ward, Mr. Latham, Mr. Edwards, Mr. Cremers. Mr, Orlowski: Opposed? Motion carried. What's the pleasure of the Board? Mr. Ward: Mr. Chairman, I'd like to offer the following resolution. WHEREAS, Elsie Jerred Parl(in is the owner of the property known and designated as SCTM# 1000-104-4-27, located on the north side of Sl(unk Lane, 583.25 feet west of Pine Tree Rd. in Cutchogue; and WHEREAS, this proposed set-off, is to set off a 27,387 square foot parcel from an existing 64,911 square foot parcel; and WHEREAS, a variance was granted Dy the Zoning Board of Appeals (Appl. No. 3925) on May 1, 1990; and SQuthold Town Planning Board :5 July 1~-, 1997 WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, declared itself cad agency and issued a Negative Declaration on February I0, 1997; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on July 14, 1997; and WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has received affidavits that the applicant has complied with the notification provisions; and WHEREAS, alt the requirements of the Subdivision Regulations of the Town of Southold have been met; be it therefore RESOLVED, that the Southold Town Planning Board approve and authorize the Chairman to endorse the final surveys dated December 5, 1996. 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. Site Plans: Mr. Orlowski: 4:35 p.m. Broadwaters Cove - This site plan is for the exaansion of a concrete block tool shed at an existing marina located on Skunk Lane (Bay Ave.) in Cutchogue. SCTM# 1000-104-8-2.5. At this time I'll ask if anybody has any comments on this site plan? BiLl Green: I'm the President of Broadwaters Cove. I have a letter signed by the (inaudible) residents of Broadwaters Cove, to say that we're concerned about the expansion and any renovation or what's going on at the Broadwaters Cove Marina owned by Frank Zito. It's of great concern to us. And we studied the site plan, and it was dated August 6. And you wrote in the letter the Planning Board, and they listed seven things that the following conditions must be met before the Board can proceed with this review. Are you familiar with this letter? Southold Town Planning Board 4 July 14, 1997 Mr. Orlowski: Yes. Mr. Green: OK I don't Know what conditions have been conformed to or even considered by Frank but certainly, don't they have to be acted upon before any approval or change to the site plan can be made? Mr. Orlowski: Yes Mr. Green: Have any of these conditions, the seven listed, been met? Mr. Orlowski: Bob, you've been out there, can you answer that? Mr. Kassner: Yes. Well, the particular letter don't have in front of me but Mr. Zito has submitted a site plan...oh, I have a copy here. The fifteen foot buffer is shown on the plan, the boat storage is shown. I do [qave the drainage calculations. The outdoor lighting is shown on the plan. The recessed bumper stops are shown on the plan. The handicapped parking is shown on the plan, and we did get the long environmental review form. Everyone talking, Mr. Green: Bob, can we get back to that list of seven? They show it on a site plan, but before the site plan can be approved, do they have to be corrected, do they have to be acted upon? Mr. Kassner: No, a plan is a plan. It's not an accomplishment, In other words, when an applicant submits a site plan he says this is what I intend to do. And then we approve what he intends to do and a year later we go out there to insure that he did what he said he was going to do. Mr. Green: What if the site plan as presented is inaccurate? Mr. Kassner: Then we would like to know that, if you have a specific Mr, Green: Alright, I guess that's why I'm here. Just as an example of some exceptions. The storage area in the back yard, this area is not clearly defined, is now a grass lawn. How can it be considered a storage area when ir'sa grass lawn. That's just number one. Dee's property line has a 15 foot setback with a Joseoh Wenk, is now used for storage, not shown on the site plan The site plan calls for 6 leaching pools, your specifications. Only 4 are shown, and no boats are shown in the parking area. Not true. Right now there are boats in the parking area with for sale signs and things like that. Shouldn't they appear on a site plan as boats for sale rather than a parking Southold Town Planning Board 5 July 14, 1997 area? We won't go into that too much. What happens in winter when no cars are parked because nobody is using the marina in the winter. Can it be used for winter storage? It's pretty unsightly now, but as far as winter storage, that's not on the site plan. There is some foliage now, but in the winter that foliage is all going to IDe gone and this site plan in our opinion is very, very vague, and at best inaccurate. That was for page one where you have seven things listed, in addition to the list of seven, a review is requested by the Suffolk County Department of Health Services. We'd like to see if that was involved with. And you mention that the long enwronmental assessment form, you call that a LEAF, you enclosed a copy. You wanted Frank to prepare the form and return with the proper charges, guess there is a charge to submit that form? We'd like to see that. There's a lot of things we'd like to see before this is ever even considered for an approval. We're not talking about 10 feet on to a shed, maybe you people are. But there is a lot more to this site plan than fl 0 feet add ed to a shed. And that's out concern and I happen to represent as President of the Broadwaters Cove Association, but this marina is very involved also with Nassau Point and I hope somebody is here from the Nassau Point Association. And we also have Nassau Farms, and we have a representative of Nassau Farms who would like to address you fellows right now. Mr. Orlowski: Can we have your name for the record? Mr. Green: My name is Bill Green. Peter Walker would like to address you right now, and I might have some more things to add after Frank, I think would probably want to make some rebuttal to some of my remarks. Thank you. Peter Walker: I'm Pete Walker and I'm President of the Nassau Farms Association. I'm here basically because my phone was going off the hook with people whO wanted to know what was going on. I've looked a the site plan and I had a few questions. I understand with the MI zoning, each primary use is 40,000 square feet. That's an acre. I believe Mr. Zito's property is just under 2 acres. How many uses are there and how much acreage should he have for that? Another question that was asked quite a bit was the boat sales. I was told there weren't supposed to be boats out front for sale, yet right now there are three of them. Another thing wanted to ask about on the site plan it down not show on the southeast side of the creek or the back of his house, Southold Town Planning Board the number of boats tied back there. as an area for boats. 6 July '14, '1997 It does not show that on the site plan We're also curious about the road buffer, is it 15 feet? And that was supposed to be 20 feet from what I understand. Now also I understand there should be a 20 foot transition buffer on the east side of Mr. Zito's property, which it doesn't show any buffer at all. So these are questions I was asked and have no answers, and hopefully you people can enlighten us. Thank you. Violet Romeril: I'm Violet Romeril, President of Nassau Point Property Owner's Association. Our association is very concerned about the environmental impact that any expansion, in fact the expansion that was granted to him earlier last year, is going to have on a very small and delicate piece of water, both Haywaters Cove and Broadwaters Cove. They are just narrow inlets and we're concerned about the use of outboard engines, the pollution of the water. We think that these two bodies of water are going to die with the increased usage. Last year we complained about the storage Mr. Zito had permitted on the outside area of the creek. He has between seven and ten [}oats parked there. It's no[just one or two casual boats coming in. Ronnie Wacker has another statement she'd like to make for our association. Ronnie Wacker: We've been watching this little neighborhood marina for a number of years at Broadwaters Cove and it's disconcerting to see how it has grown. It's a small property, just a little over 2 acres I think, but it's trying to do too much. First, the Town code says that there must be one acre of land available for each use, but Mr. Zito has three uses, I understand, on his 2 acre property. There's residential, the marina, and a new use upland boat storage. And as I understand it, he's also attempting to do boat repairs, which would make a fourth use. This is clearly a non-conforming operation, and as far as I can determine he's never completed the site plan he's been asked to submit to the Planning Board, or at least not lived up to the requirements of that or the stipulations that he's made on the site plan. We suggest that before any expansion be permitted that Mr. Zito be asked to comply with the laws of the Town and complete the site plan. Thank you. Mr. Orlowski: Anyone else have any comment? Nick Bubaney: Just one in general. My name is Nick Bubaney, I live on the Southold Town Planning Board 7 July 14, 1997 south side of the marina Everyone has eloquently covered most of the problems that seem to exist. When I bought this home about eleven years ago I was looking and I was very concerned about buying directly across. am more affected by the site of that marina than anyone here. I share the complete water line with it. I look at it from my windows. I don't have a barrier. There's no foliage. I look directly at it. My boat basin is full of gasoline, or was the end of last season. I look across from my living room, my kitchen, my dining room and all I see is more and more activity. 1 would not have purchased this if I had not been told, I think the original owner, Toricello, or whatever his name was, said don't worry about it. When I sold this property I told them, and I put in writing that you could not exceed I think it was 32 or 33 boats and even set I think a length limit on it. Since.then I see uses that are going well beyond the norm. Mr. Boos, who owned it previously is gone and now I hear that...by the way the illegal boats that are parked, and correct me if I'm wrong on this, but Ithink she just eluded to the fact that you can't have boats moored on the front side of the bulkhead. Those boats have been there on and off for the last several years. At one point Mr. Boos - but apparently he could do it because it was his own - had about a 32 footer there. I don't see how they move boats around. I don't see how you can put in the number of boats that they're requesting. What I see is somebody that wants to get around some of the regulations and start dry storage to an extreme, using parking spaces for dry storage, taking boats...1 don't think you can fit 48 boats or whatever the site plan calls for. I don't think you can fit that many boats. I don't think you could move them if you did. I think the plan is to start putting more and more on shore. I don't see the-foliage barriers being replaced that were supposed to be replaced, These buffers, they take out large 15 foot trees and you put a little tree...it doesn't work that way. So, I'm very concerned about it, perhaps more so than anyone here because I have more egress than anyone here. I really feel that it's gone way beyond what it should be. Now, perhaps you can tell me because I'm not very well versed on this, is M2 zoning more liberal and more commercialized than MI? Mr. Kassner: Yes. Mr. Bubaney: It is? Well, M2 if I'm not mistaken, limits him as someone just said, to 2 uses. Southold Town Planning Board Mr. Kassner: Mr. Zito is MI. Mr. Bubaney: I understand. Mr. Kassner: Correct. 8 July 14, 1997 But you said M2 is more liberal. Mr. Bubaney: Well M2 limits a person in a more commercial capacity to 2 uses. Mr. Kassner: No, the M2 zone limits the uses per 80,000 square feet. It's the only chapter that limits the use per area. Mr. Bubaney: For his area, how many uses could he nave if ne had M2 which he does not? Mr. Kassner: In his area, which is MI, his zone... Mr. Bubaney: No, but what would M2 allow? Mr. Kassner: One use. Mr. Bubaney: He could only have one use in a more commercial zone? Mr. Kassner: Right. Mr. Bubaney: And he is using it for 2 or 3... Mr. Kassner: In his zone, MI, you need 40,000 square feet per use. Mr. Zito has 2.7 acres. ~ Mr. Bubaney: Is that just land or water ~wetland? Mr. Kassner: Well, in a subdivision we restrict it to upland, but in a marina obviously the water is part of the operation. Mr. Bubaney: So he's allowed how many uses? Mr. Kassner: Two. Mr. Bubaney: Which would be, I assume, docking of boats, is that correct? Mr. Kassner: Correct. That's one use. Southold Town Planning Board 9 July 14, 1997 Mr. Bubaney: And a residence, which he's kind of stuck with because he obviously has 30 boats and he nas a house. How can we be looking at storage, repair, expansion of a shed, parking to add more boats, to add more storage. And that's M1 zoning. I'm sure if I were in his shoes I'd probably like to make it more commercialized too. But, with the people that are living there, with the boats that are going in and out, looking at what's going on there and during the winter I don't have much screening to look at all the boats that are stored. I really think that this should be very heavily considered because something is going beyond what should be allowed for that property. Thank you. Mr. Orlowski: Any other comments? Dee Callard: I'm Dee Callard and I've lived in this area for43 years and I am directly across from Mr. and Mrs. Zito's property. We have lived here with a marina that we were proud of, that accommodated the families in the area. When Mr. Zito acquired the property from Mr. Boos, the comment that was made to us was, well Dee, unless we get it changed to an M-1 I can't sell it. Our friendship ended after that remark. There was no consideration for the neighborhood, and we found out that there was really no consideration for us by the new owner either. The M-I went in without any notification to us. Now, if it was a small piece in the paper, it has really grown to be a large problem Also, the change that has been made has devalued my property. I just had it assessed in 1996 and I no longer have the investment I thought I had because of what is across the street. I can live with that. But I cannot ask my children nor my grandchildren to take on the burden of a beautiful 15iece of property being changed-into something that is an eyesore and an industrial use which doesn't belong in the neighborhood. The feeling that most people have who come into this area to ,buy is that they're getting away from the city, they're getting away from congestion. Well, we've got to protect that. And I call on all of you to do that because those of us who have lived here as long as we have, have done it to the best of our ability. I urge you to consider the taxpayers ~n the area, because your taxes are going to go down - if mine went down, I'm sure there will be other victims - and preserve the sanctity of our homes and our children's future - your children's future Because if we give up now you're going to have more of it. And I know you would not like it were you in that same position. Thank you. Mike Jordon: I'm a client of Franks. I thought I came here because this Sour:hold Town Planning Board 10 July 14, 1997 meeting was about Frank was trying to improve a ramp and to add to a storage shed to take care of the boats that are there. And it seems to me it's more like a lynching mob or SOmething here. Apparently these people never liked Frank's marina in the first place. As far as I'm concerned, it's the prettiest marina I've seen out here. If you can tell me there's a nicer looking one in a residential area, I'd like to see it. Away from the point, back to when ne changed the fence to make it more accommodating to some of the neighbors that didn't like that, but this is a very clean marina, and he's just here trying to improve a ramp which makes it safer for the clients, and the storage shed is a small shed, 9 feet on the shed and 12 feet out. I've been there when the water comes up into the shed. So I don't know what that problem is, and if you'rejust going to assault the marina that it just shouldn't be there, think that was the point of this meeting. That's all 1 really have to say. I'm not a very good public speaker, I don't have anything prepared - I wasn't going to say anything. Thank you. Jim Fitzgerald: My name is Jim Fitzgerald. would like to know how many uses are permitted under the regulations for that marina in that location right now, permitted? Mr. Orlowski: Bob Kassner is our gentleman at the end. That's his name. Mr. Kassner: As I stated earlier, in the M-I zone there is 40,000 square feet required per use. We know Mr. Zito has a marina, which is a use, and we know he has a residence, which is a use, and we know he has upland boat storage. So there is at least 3 uses. We have to determine when that boat storage began because it could be pre-existing. Just to give a little historical background, in 1989 during the Master Plan, this residential piece of property was re-zoned to a commercial use, that is a commercial M-I zone marina, in 1989 when Mr. Boos owned it. Now, I don't know if Mr. Boos had any boat storage at that time. He sold it to Mr. Zito in 1995, so we would have to determine whether there was any pre-existing use of a boat storage. If there wasn't then clearly in my opinion - we'd have to talk to the Town Attorney - he is entitled to two uses. Ms. Callard: Well, I can tell you that it was not used for that purpose then, when Mr. Boos had it. The volume was not there, the traffic was not there and the disobedience was not there, excuse the expression. Mr. Orlowski: I'll have to stop this from being a debate back and forth. Southold Town Planning Board ti July 14, 1997 (CHANGE TAPE). Jim Fitzgerald: Bob, you mentioned before that ne had 2 acres. Mr. Kassner: 2.7. Mr. Fitzgerald: 2.7 acres. I'm unclear about whether that did or did nc~t include the water because in the definition in the zoning code, again going to the M-2 and perhaps by analogy the M-I, it says land above the high water mark. Mr. Kassner: In the subdivision regulations it said that. But to exclude water in the marina, that's part of the operation, so that we'd have to get an opinion on from the Zoning Board or the Town Attorney. Mr. Fitzgerald: Technically, how many uses are depicted on the site plan as it has been submitted. Mr. Kassner: As I mentioned, there are three uses. Mr. Fitzgerald: On the site plan? Mr. Kassner: Yes. Mr. Fitzgerald: And they are? Mr. Kassner: The residence, the marina and the upland storage of boa Mr. Fitzgerald: OK, thank you. Mr. Orlowski: Any other comments? Christine Vicari: I live diagonal to Mr. Zito and just as far as I can see, he's got his home, he's got a garage which I can see into, with a workshop, so part of that is a repair shop, the garage, plus he stores the boats, plus he sell the boats. And they are extremely loud..There's a tremendous amount machinery going and noise that I was tempted to actually tape for yoJ, from 8:00 in the morning. People who he has working for him listen to mL siC very loud and they speak to each other very loudly and I just want to point that out. And also, I want to say that Mr. Zito has not complied, in my opinion, with the req uirements to plant six foot tree screenings. They're almost six feet Southold Town Planning Board 12 July lz~, 1997 right now, possibly. I haven't gone out there with a ruler but they're more like five feet. And it took him 10 months to do that and I really have a hard time believing or trusting what he says he is going to do because he really hasn't been forthright. 1 would really be curious to know whether he has complied with the screening that he was supposed to do, the buffer screening. Really actually comply, to the letter. If you say you're going to do something, you do it. And if the law is the law, its's the law and we don't bend it. It doesn't mean that we plant a tree that's five foot five inches. You plant it six feet. Thank you. Mr. Orlowskl: Any other comments? Ed Van Buren: My name is Ed Van Buren. I live on Bay Ave. a short way before the marina. It seems to me that we were in here almost a year ago guess it was, and I never once heard about the several uses. I forget now what we were in here for, what the request was the last time. But, it seems to me that if this is M-I zoning, and you're only allowed say two to three uses, where he has his home and the marina, in fact I thought it was only two. I think that the last time he was asking for storage. I think that was an illegal request back then. But now that he's there and he's in operation as everyone has pointed out, he's got his home, the marina, the storage, the repair shop, the overhauling of engines. Where does it all stop, that's what I'd like to know? Thank you. Mr. Orlowski: Any other comments? Being no further comments and we have had a Jot of comments from the public, we've also been in contact with the Building Department which has some comments and we'd like to sit down with the Building Department. Unless the Board has any comments, I'd like to entertain a motion to hold this hearing open until we answer some questions here. Mr. Latham: I'll move that. Mr. Edwards: Second Mr. Orlowski: Motion made and seconded. Any questions on the motion? Unknown: Will we be notified of the next meeting? Mr. Orlowski: The next meeting is August 11 at 4:30. Unknown: Concerning this subject? Southold Town Planning Board July 14, 1997 Mr. Orlowski: Yes, Unknown: Do you people realize what a small area this creek is? There must be a limit on how many boats a marina can have in such a small area. This is not Nassau Point or the beach there at Nassau Point. Take a ride up there. These boats have to go through a little small creek, past Fisherman's Beach, out around Nassau Point before they finally get out in the big water. Doing so, they're discharging oil, mess, junk, everything into the water. Take a ride up there and see what a small bit of water he's putting all these boats into. Then you'll know what we're so upset about. Mr. Orlowski: You have to realize this is a pre-existing, non-conforming use. There's no way that this Board is going to be able to stop that. We're here now, and Mr. Zito is here to extend a shed, 9 foot by 12 foot. There's some other questions that are on here and the Building Department has raised them and we're going to sit down with them shortly and by next meeting we'll have some answers. Unknown: That will be a public meeting? Mr. Orlowski: Yes. Unknown: And we'll be notified? Because I have a problem with that. That letter from the Planning Board dated August 16 it says copies to Jean Cochran, Tom :Fisher, Board of Trustees, Ed Forrester and Nassau Farm Association, Nassau Point Association, Broadwater Cove Association. I for one, as President, never received any notice. I spoke to Nassau Point, they never got any notice, and we would like if there's any copies, and you can see we're concerned, certainly our association should be notified in writing of any meetings or any consideration of changes, and we'd like copies if new site plans are submitted, and I'd like to meet with the Building Department. I'd like to be in on that meeting. Mr. Odowski: We have a work session every Monday at 4:30. We have meetings scheduled and our next regular meeting is August 11 at 4:30. If you Call here on Monday morning, any Monday morning, you'll find out if they're going to be on the agenda or not on the agenda. So you can also come to the work session and listen in. The work session is not a public hearing, but you can listen in and see what's going on. The public hearing will be open again on August 11 at 4:30. Unknown: Is that a work session or public meeting? Southold Town Planning Board 14 July14,1997 Mr. Orlowski: The work sessions go on every Monday at 4:30. It may be on the agenda, it may not be, so I would call first. You just call the Planning Board office and they'll let you know. Unknown: Every Monday at 4:30? Mr. Orlowski: Every Monday at 4:30. Unknown: And the next meeting? Mr. Orlowski: The next meeting is August 11 a[ 4:30. Unknown: And what about this meeting with the Building Department, when does that take place? Mr. Orlowski: It will probably be one of those work sessions. I can't tell you right now because we have to set up the appointment with the Building Department. But if you call the office they can tell you. Unknown: But when it's set up, I'm sure you're going to notify Mr. Zito. Why can't you notify the other associations? Mr. Orlowski: We notify for the public hearing and we tell you when it's going to be back on for a public hearing. We will discuss it in the open at a work session and the work sessions are 4:30 every Monday. I can't tell you when it's going to be on right now because I don't know. Ill knew l would tell you right now. But if you call up you can find out. Unknown: Could you tell me the gentleman's name on the end. He doesn't have a name plate. Mr. Orlowski: Robert Kassner. Nick Bubaney: I've never been to one of these to be perfectly honest with you, and I'm a little concerned (inaudible). 'm the Closest to him.. we're on the full length of his marina. I'm concerned because usually rules are laid out and you have to abide by the rules, at least that's what I've been told. The marina is authorized for two u scs. AlII seem to have heard is that well they're non-conforming, which means it's illegal, it shouldn't even be. It should be stopped. Has been illegal on and off. No one has taken measures to stop it and now because it's two or three uses, it's not two or three it's two, by your own rules. So if it's two uses, why are we even discussing a third, fourth use, non-conforming, well we'll have to look at it. don't Southold Town Planning Board 15 July 14, 1997 understand. There are two uses, the residence and he's got boats. Mr. OrloWski: Pre-existing, non-conforming. If he had those three uses before, he wou d have them now. Mr. Bubaney: Boos never stored. Unknown: Yes he did. Mr. Orlowski: This is not going to be a debate. The hearing is going to be held open. Our work session is every Monday; the next meeting is August 11. I want to thank you all for coming, we have the comments. We will be addressing them with the Building Department. Thank you. Mr. Orlo~vski: 4:40 p.m Robert Rowehl - This minor subdivision is for 3 lots on 37.2518 acres ~ocated on the north side of Oregon Rd. and the south side of SounFI View Ave. in Mattituck. SCTM# 1000-100-2-6. I'll ask now if there are any comments now on this subdivision? Henry I~aynor: I'm Henry Raynor and I'm representing Mr. Rowehl and Mr. Rowehlls proposal is basically on a parcel of property he owns that runs from Sound View Ave extension south to Oregon Rd. He s proposing at the north end to divide two lots both of which would be in excess of five acres, leaving a 27 acre lot to the south of that going to Oregon Rd. n my last discussion with him yesterday, lot 3 which is the 27 acre lot, he is bringing out a consideration of negotiating with regard tO development r ghts being sold off that property. As you gentlemen are aware, this proposal greatly exceeds any zon ng standards we have here in the Town, This subdivision received sketch plan approval that was given, by the Board on Augpst 26, 1996. We received the Negative Declaration on SEQRA on October 8, 1996, and approval from the E~epartment of Health Services in February of this year. Notice of this subdiv s on has been given and I would request the Planning Board to approve this application under 106 of the Town law. Now I have to apologize to some of the people sitting here. My office screwed up. We were to notify people, in addition to adjoining, abutting, across the road. We did not do this. My apologies, it is our error. I met with the Assessor's office this afternoon and thanks to your office notifying me of Soul:hold Town Planning Board 16 July 14, 1997 the difference, I now have a completed list. We have no objection at all holding this hearing open because we have failed to comply with the letter of the law. It's our fault, I take full blame. With regard to the final Board's conditions of approval in your letter of May 13, those final items are being complied with at this time and basically that's where we stand with regard to the subdivision. I'd be happy to answer any questions that the Board may have. Mr. Orlowski: Any other comments on this subdivision? Sanford Hanauer: My name is Sanford Hanauer. I live diagonally across from the proposed subdivision and have been in residence here for some twelve years at 4105 Sound View Ave. In going through the maps and the covenants and restrictions, the sketch plan dated July 7, 1995 and the Board's August 26, 1996 conditional sketch approval, I'd like to comment as follows You have item I, any future development of lot 3 shall be from the 50 access to Sound Ave. We recommend that the access should be from Oregon Rd. for the following reasons: Lot number 3 is a two acre zone. and 27+ acres could result in a future major subdivision of some 12 additional home sites. This would create a great deal of additional traffic on Wickham, Orand, Reeve and Sound View Avenues. Direct access from Oregon Rd. via Rt. 48, via Mill or Elijah's Lane would reduce the lot owners mileage by approximately 21/2 miles one way, five miles a day, 25 miles a week, 1250 miles a year, which is doubled for a two car family, and you have 2,500 miles a year. You have twelve families and you have 30,000 miles a year. I think this is a lot of wear and tear on the road as wel as causing all the ~raffic on the road. We have a safety factor distance from Mattituck Fire House, 1 give you exhibit A, the distance from Mattitu0k Fire House to lot number ~, m nor subdivision for Robert Rowehl, three possible routes: fire house to entrance to lot 3 from Sound View Ave. via Wickham, Grand and Reeve as shown on the proposed subdivision is 2.9 miles. It takes about three minutes and 45 seconds going about 35-40 miles an hour. Fire house entrance to lot 3 from Oregon Rd. via Rt 48, Mill Lane or Elijah's Lane is 2.1 miles, 3 minutes. Southold Town Planning Board 17 July 14, 1997 Fire house to entrance to lot 3 from Oregon Rd. via Wickham, Grand and Oregon, is 2.2 miles, or 3 minutes and 30 seconds. If you took the proposal that's shown on the map, it would require a fire truck to travel and additional .8 or a little more than 3/4 of a mile and 45 seconds longer to get there, in case of any emergency. 3. Scenery and beautification. Right now there's two norths...you create two north/south roads. One on the west side of the property, a future 30 foot wide leading to lot number 3, and '125 asphalt road on the east side of the adjoining subdivision. It will look like a dual highway and will add almost another acre of asphalt, creating more runoff. Future Impact. If the subdivision was approved in this form it will have a great impact on future subdivisions along Sound View Ave. Our suggestions: Extend lot number 2 to the west side of the property with a 25 foot common driveway from Sound View Ave. to access lot number 2. Create a 10 foot buffer landscaped area on the west side of the common driveway (1'11 leave the map with you). 3. Provide access to lot 3 from Oregon Rd. Develop a master plan for road development between Oregon Rd., Sound View Ave., Reeve Ave. and Duck Pond Rd. Mr. Orlowskh Any other corn ments on this subdivision? Mr, Deckinger: My name is Deckinger:and I live on Sound View Ave., just about across the road from this property. We've lived here for some 20 years. We love it, we thinkyou folks do a wonderfuljob of managing it all. It has pristine qualities. The reason we didn't go to the south fOrk is we didn't like Coney Island to begin with, you don't have to find one out here. And as much as can be done to preserve that pristine quality has to be in the interest of all of us here. Now, there already is a blacktop that goes from one end to the other, that is from Bridge Lane all the way west, virtually to Grand Ave., Reeve Ave. and so on. Leave it there. Let the roads going north, south emanate from Oregon Rd. where the traffic already is. Why hook for ways to bring more traffic Sou~hold Town Planning Board 18 Jul¥ 14, 1997 along Sound View Ave. which ends - and we're right at the end and we ke that idea. (CHANGE TAPE) There's a cul~de-sac there That's where the Sound View [~lacktop ends. And I'm not against progress, whatever progress is. We got a McDonald's now, maybe you want to bring in a Burger King and Wendy's and a few others. Is that progress? I'm not so sure, I'd question that. Bring in a few dance halls while you're at it. The blacktop ends at that cul-de-sac and eventually I guess it's going to go further. Why rush it? And building more access to Sound View Ave. on blacktops when they could just as easily come out of Oregon Rd. seems to me the way to go. And I thank you for letting me say these words. Chris Emery: My name is Chris Emery. I too am a resident on Sound View Ave. Aside from what my neighbors have talked about, I think a little bit more stress should be done on the beautification. First off, it's going to look like a landing strip the way this thing is going to be laid out. And aside from the fact that it doesn't really make a lot of sense to have this 2-I/2 mile loop as Sandy is telling you taking fire trucks and people. There's also a sense of security on a dead end road1 Just the other day was pulling out of my driveway and somebody backed into me. Literally backed into the front of my car because I was taking a right. There's a concern about taking more and more people and taking these 20 lots, these 20 cars possibly, bringing them all dOwn that road. I've got a deep concern. And finally I think Mr. Raynor was unable to do proper to diligence I think, out of fairness to all these people that are along that road, we need to notify them Mr. Orlowski: Yes, we will be keeping this hearing open because Mr. Raynor made a boo-boo. Any other comments? Mr. Hanauer: One more comment. I hope they will give consideration to the farm preservation of the 27 acres. Mr. Raynor: I wouldn't have brought it up Sandy unless it was being seriously discussed. He.feels that way too. You have to remember, this fella is not a commercial developer. He's setting off two lots for his kids, or cash to the estate, and he's saying I'd really like to tie up the rest of this. I'm a farmer, I want to keep farming. Southold Town Planning Board 19 July 1~-, 1997 Mr. Hanauer: What our concern is if it passes hands or changes, something drastic could happen. Mr. Raynor: Absolutely. Mr. Orlowski: Any other comments? Paul Taylor: I also live adjacent to this property that's up for sale. In defense of Henry, I think somebody should say that there was a sign announcing this meeting of it by the property, but it was knocked down. I put it back u p. I did not get a notice in the mail. Mr. Raynor: It's my fault. I apologize. I'm guilty. Mr. Taylor: It's OK. But in general, I'm against progress of all kinds. I came to the North Fork because of it's beauty and 've been here for over 27 years. It's been a lifesaver for me and I hate to see it change. I could count at least 10 houses that have gone up right around me, all of a sudden it seems, and I am so afraid it's going to Turn into the south fork. And that is not what we want out here don't think. So, I just add my 2 cents worth. Thank you. Mr. Orlowski: Any other comments? OK, if there are no further comments I'm going to entertain a motion, unless the Board has anything to say, to keep this hearing open and we'l be back here again on August 11 and we'll take a look at some of these comments and see what we can work out. Mr. Edwards: So moved. 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. MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES AND SET OFF APPLICATIONS Sou~hold Town Planning Board Final Determinations July 14, 1997 Mr. Orlowski: Hi.qhpo nt Woods at East Marion - This major subdivision is for 10 lots on 20.5668 acres located on the north side of Main Rd. in East Marion. SCTM# 1000-22-5-5 & 51-4-15.9 & 16.1. 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 December 14, 1995. Conditional final approval was granted on April 8, 1996. 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. Latham, Mr. Edwards, Mr. Cremers. Mr. Orlowski: Opposed? Motion carried. Final Extensions: Mr. Orlowski: Eva Halla and Birch Hills Property Owner's Association -7his lot line change is to subtract 5,000 square feet from the Birch Hills property and to add it to the Eva Halla property. SCTM# 1000-83-1-I. What's the pleasure of the Board? Mr. Edwards: Mr. Chairman, be it resolved that the Southold Town Planning Board grant a ninety (90) day extension of conditional final approval from July 13, 1997 to October 13, 1997. Conditional final approval was granted on January 13, 1997. 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. Southold Town Planning Board 21 July14,1997 Mr. Orlowski: Stanley and Matra Wiepzvnski & Herodotus Damianos - This lot Ii~e change is to subtract 532 square feet from a 151,480 square foot parcel and to add it to a 54.4 acre parcel. The parcels are located off Jennings Road in Southold. SCTM# 1000-54-6-1 and 59-3-28.3. Mr. Edwards: Mr. Chairman, I move that the Southold Town Planning Board grant a 90 (ninety) day extension of conditional final approval from June 23, 1997 to September 23, 1997. 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. Review of Reports: Suffolk County Planning Commission Mr. Orlowski: Gerard Neumann - This proposed clustered set-off is to set off a 68,776 sq. ft. parcel from a 24.9088 acre parcel located on Mill Rd. in Mattituck. SCTM# 1000-107-I-I. Mr. Cremers: Mr. Chairman, I'll offer the following resolution. Be it resolved to override the June 4, 1997 Suffolk County Planning Commission report for the following reasons: The terrain of the property does not allow for lots to be designed with frontage directly onto Mill Road. The Planning Board has allowed the applicant to design the lot to be set off with access over a fifty (50) foot wide right-of-way. The 50' wide right-of-way will provide access to the remaining area of the parcel (the 23.33 acre parcel) should it be further subdivided in the future. The 50' wide right-of-way will be described in the deeds for both parcels. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All Southold Town Planning Board 22 July 14, 1997 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, SET OFF APPLICATIONS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Lead Agency Designation: Mr. Orlowski: Estate of William F. Goubeaud - This minor subdivision is for 2 lots on 1.461 acres located on Pine Neck Road in Southold. SCTM# I000-70- 10-37. Mr. Cremers: 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, assume lead agency, and as lead agency ma Ke a determination of non-significance and grant a Negative Declaration. Mr. Edwards: Second the motion. 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. Waivers: Mr. Orlowski: Donald FeLler - This site plan is for a business office in an existing two-story frame building, in Mattituck. SCTM# 1000-141-4-40. Mr. Ward: Mr. Chairman, I'd like to offer the following resolution. WHEREAS, Donald G. Feller is the contract vendee of the property known and designated as SCTM# 1000-141-4-40 located on Rt. 25 in Mattituck; and WHEREAS, a professional office is a permitted use, by Special Exception in this Residential Office (RO) zone; and Southold Town Planning Board 23 July 14, 1997 WHEREAS, the Zoning Board of Appeals granted a Special Exception on June 19, '1997; and WHEREAS, the professional office would require seven parking spaces; and WHEREAS, provision has been made for seven parking spaces, including a handicapped space; and WHEREAS, an examination has been 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 two-story frame residence to a professional office will not be a more intensive use of this property; 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. 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: Stephen Grzesik - This site plan is for a custom workshop in an existing vacant building located on a 5,896 square foot parcel in Southold. SCTM# I000-62-'1-~16, WHEREAS, Compass Transports, S.A. is the owner of the property known and designated as SCTM# 1000-62-1-I 6 located at 175 Boisseau Ave. in Southold; and WHEREAS, Stephen Grzesik is the contract vendee of the property known and designated as SCTM# 1000-62-~-~ 6 located at 175 Boisseau Ave. in Southold; and WHEREAS, a custom workshop is a permitted use in this Hamlet Business (HB) Southold Town Planning Board zone; and 24 Ju1¥14,1997 WHEREAS, provision has been made for 4 parking spaces, including a handicapped space, as approved by the Zoning Board of Appeals, Appl. No. 3872, dated January 9, 1990; and WHEREAS, ~3umper stops will be placed to define the parking spaces; and WHEREAS, an examination has been 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 restaurant to a custom workshop will not be a more intensive use of this property; 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. 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. SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Lead Agency Coordination: Mr. Orlowskh Riverhead Buildinq SUDDIV - This proposed site plan is for the construction of a 50,425 square foot building on Rt. 25 in Greenport. SCTM# 1000-46-I-2.1. Mr. Cremers: Mr. Chairman, I'll offer the following resolution. Be it resolved that the Southold Town Planning Board start the lead agency coordination process on this unlisted action. Mr. Latham: Second. Sour:hold Town Planning Board 25 Mr. Orlowski: Motion made and seconded those in favor? July 14, 1997 Any questions on the motion? All Ayes: Mr. Orlowski, Mr. Ward, Mr. Latham, Mr. Edwards, Mr. Cremers. Mr. Orlowski: Opposed? Motion carried. APPROVAL OF PLANNING BOARD MINUTES Mr. Orlowski: Board to approve the June 9, 1997 minutes. Mr. Cremers: So moved. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. All those in favor? Ayes: Mr. Odowski, Mr. Ward, Mr. Latham, Mr. Edwards, Mr. Cremers. Mr. Orlows~(i: Opposed? Motion carried. We're going to be adjourning into our work session unless there are any comments that anybody would like to keep on the record. So, if not I'll entertain a motion to adjourn. Mr. Edwards: So moved Mr. Ward: Second. Mr. Orlowski: Alt those in favor? Ayes: Mr. Odowski, Mr. Ward, Mr. Latham, Mr. Edwards, Mr. Cremers. Mr. Odowski: Opposed? Motion carried. There being no further business to ~come before the Board, the meeting adjourned at 5:32 p.m. Bennett ddow d;, Jr, Chalr[z~an RespectfuLly submitted, Martha A, Jones Secretary