HomeMy WebLinkAboutPB-04/08/1996PLANNING BOARD MEMBERS
P~ICHARD G. WARD
Chairman
GEORGE RITCI-HE LATHAM, Jl~
BENNETT ORLOWSKI, JR.
WILLIAM J. CREMERS
KENNETH L. EDWARDS
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-3136
Telephone (516) 765-1938
Present were:
Absent:
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MINUTES
April 8, 1996
Richard G. Ward, Chairman
Bennett Orlowski, Jr.
G. Ritchie Latham
Kenneth Edwards
William Cremers
Valerie Scopaz, Town Planner
Melissa Spiro, Planner
Martha Jones, Secretary
Robert G. Kassner, Site Plan Reviewer
Mr. Ward: Good evening. I'd like to call the April 8, 1996 Southold Town Planning
Board meeting to order. The first order of business is the setting of the next Planning
Board meeting. Board to set Monday, April 29, 1996 at 7:30 p.m. at Southold Town
Hall, Main Rd., Southold as the time and place for the next regular Planning Board
meeting.
Mr. Cremers: So moved.
Mr. Latham: Second.
Mr. Ward: Moved and seconded. All in favor?
Ayes: Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Cremers, Mr. Ward
Mr. Ward: Opposed? Motion carried.
Public Hearings
Mr. Ward: Highooint Woods at East Marion - This major subdivision is for 10 lots on
' SOuthold Town PI,~~-'ng Board 2 / ~ April 8, 1996
20.5668 acres located on the north side of Main Rd. in East Marion. SCTM# 1000-
22-3-5 & 31-4-15.9 & 16.1. I see that the applicant is here, if you wish to address
the Board.
Pete Danowski: My name is Pete Danowski. Richard Israel is here tonight answering
other questions that may have been posed. The Board is familiar with this file. It's
been kicking around for a number of years now. We've submitted some Covenants
and Restrictions as proposed. We filed an affidavit of posting, mailed mailing notices
to all the neighboring property owners. I did receive a comment from Robert Kenney
who is an attorney whom I know, who indicated his mothers property was nearby. I
dropped off a copy of the map. I don't know if he'll be here tonight or not.
did receive a letter from a neighbor who indicated they were not here tonight, but
their property is located next to the drainage area that we propose. Beyond that I
would just listen for any comments from either the Board or from the people in the
audience tonight.
Mr. Ward: Is there anybody here this evening that would like to address the Board on
this particular subdivision? I'd just like it if you could, when you do come up if you
could just address the Board by giving your name and your address so that we know
who you are and where you are from.
Jane Gohorel: My name is Jane Gohorel and I live at 1870 Stars Rd. My property is
adjacent to the property in question. I simply have some questions. One, I just heard
something about the drainage area and I don't think that's on the map that I got from
the Planning Board. Two, there's something that's indicated as a possible future road
that runs from Stars Rd. through to the property in question. Some years back there
had been an effort to cut a road through there and a lot of us were not happy about
that, and the effort was abandoned and rm just wondering what are the plans for that
now, if any?
Mr. Ward: Right now the subdivision before us does not utilize that tap road.
Ms. Gohorel: OK. Is there a possibility that at some point in the future they're going
to want to cut through to the...
Mr. Ward: I don't believe so because the layout wouldn't really allow for it.
Ms. Gohoreh OK. And I would like to know something more about that last piece of
property. For one thing my property is adjacent to it, the large piece. Are there any
things allowed, any kind of development or agricultural development or something like
that, or is it simply to remain in its natural state?
Mr. Ward: It's a large lot that has a building envelope on it of, I believe, a couple of
acres, for a house and barns or whatever the eventual owner would like to do, The
remainder of the property is an open space easement which will have covenants on it
to maintain it as pretty much an open space parcel.
Ms. Gohorel: OK. Thank you.
Mr. Ward: Thank you. Is there anyone else that would like to address the Board on
the subdivision?
Mr. Zak: We have a house on Private Rd. I next to this development that the lady was
discussing. I have a question about the road, Kayleigh:s Court, that's next to a right
of way there, and don't know how it's going to affect the right of way.
Richard Israel: His question I think pertains to the first beginning opening when it
comes off Main Road. We own that road. We are going to be replacing that road
with Kayteigh's Court coming in. We expect to create, as you can see as Kayleighs
Road comes in to the east side, we figure that as it comes near the top, we would
give you access back onto your right of way. We also have rights on that right of way
and...
Mr. Zak: Off the Main Road you're going to make it one road?
Mr. Israel: We're going to make it a brand new road dedicatable to the Town and I
guess we're going to take it up to the cul-de-sac and then make it so that you guys
could then have a private road and do with it what you will at that point.
Mr. Zak: So where it's like a dead end over there...
Mr. Israel: Right, you see the cul-de-sac, that's the circle. So from there, you guys
could then control the balance of the existing right of way and maintain it as you do
today. I see you were the one that put in the road going all the way there, after your
house it goes back to a dirt road.
Mr. Zak: But how is a guy going to get to lot number 107
Mr. Israel: Lot number 10, if you look at the plot plan has its own flag lot that leads
out to Kayleighs Court. Now, lot 10 does have an old right of way that exists next to
your house.
Mr. Zak: That's for lot 107
Southold Town Pl~_?g Board 4 April 8, 1996
Mr. Israel: That existed with lot 10 since its inception. I doubt if they will ever use that
road considering that they now have a better access to it. If you remember before
this point that whole property behind you was landlocked and there only access was
through the right of way that exists next to your house.
Mr. Zak: Other than the one on Stars Road, that's a way to get to it.
Mr. Israel: There is no way from Stars Road to get to it. That is listed as an un-named
road but it is not a road. It was never dedicated.
Mr. Zak: OK. And the last question I have is why is the building area on lot 10 not
ce ntered closer to our property, only 50 feet from our property, where it looks like
it's further from Stars Road?
Mr. Israel: Because the access is off of Kayleighs, the Planning Board and everybody
wanted to try to limit the clearing on that lot. So we brought it to where that is as
close as we could come to Kayleighs with leaving a significant setback on all sides.
50 foot is a very large setback. And that 50 foot is stuff that is to re main wild, under
the open easement covenant. That's unclearable in that 50 feet. That lot also has a
special topography to it and that's why it was placed there.
Mr. Zak: And the guy who was going to own lot 10 owns the rest of the property too?
Who owns the other eight acres that remain wild?
Mr. Israel: It's owned by the land owner of lot 10. He is buying his quiet enjoyment
just like you have with your three acre lot.
Mr. Zak: So he'll own 10 acres, but only be able to build on the two?
Mr. Israel: Right. The square that you're seeing in the center is allowable clearing
area, except for the road that would go out to Kayleighs Court.
Mr. Zak: Thanks a lot.
Mr. Ward: I believe there are a couple of others that would like to address the Board?
Dorothy Broach: I live on 2650 Stars Road. Looking at this particular plan, it seems
very unusual that there going to have nme lots of normal size and one huge lot. I. was
wondering how you could explain that to me. rm afraid that something is going to
happen to that big lot and that's right near me.
Mr. Ward: This is a cluster development and rather than the open space or the one
Southold Town PI~ ~ng Board 5 ~ April 8, 1996
large lot being owned by a homeowners association, it's owned by one property
owner.
Ms. Broach: And who is that property owner? Do we know.
Mr. Ward: We don't know yet.
Ms. Broach: But they can't do anything with that property, as far as developing
further?
Mr. Ward: No, there is a covenant on the subdivision that there can be no further
subdivisIon.
Haley Jester: rm on the east side of fire road number one. I'm the corner house. For
one thing I haven't got a map. I never received a map. The question rd like to ask is
how about, the telephone poles. The telephone pole would be right in the middle of
the road going into the...the telephone pole now is right close to the road on fire road
number one. So when you plan your road, the telephone pole will be right in the
middle of the road. So where would the telephone pole be? And another question is
when the pole is moved would the tree be taken down in front of my house, and if it is
would it be replaced by another tree?
Mr. Israel: The pole that you're speaking of is owned by LILCO. We just paid a
significant amount of money to move that pole. The location of where we get moved
to is decided by LILCO, but I believe that they're going to move it west because if you
look at the configuration of the poles coming down the street, you have another pole
almost directly in front of your house only 10 or 20 feet away and they're looking at
the span as bigger to the west, so I believe they're going to set it to the west but that
is decided neither by me nor you, that's by LILCO. Does that answer your question?
Mr. Jester: Yes. Another question is how wide will the shoulder of the road be? My
garage is very close to the property line.
Mr. Israel: You're the first house on the corner of the thing? OK, you have a side
street...or your garage comes out that way. We are very limited in space coming into
that first, I guess it's about the first hundred feet, so I believe that the shoulder there
is - I want to say 5 feet on each side? It's a 22 foot road...
Mr. Jester: I was wondering about plowing. Would they push the snow right up
against the garage or what would the problem be for drainage?
Mr. Israel: Well, the road will be on the old Kings Road which was previously existing.
Southold Town PI~ /~g Board 6 April 8, 1996
It will now have a curb and we will make a curb cut for...because you do have a road
that comes out there.
Mr. Jester: In other words there will be a curb for drainage. The water will drain right
out down to the Main Road?
Mr. Israel: Correct. That curb will also protect...is your structure built directly on your
property line?
Mr. Jester: No, not directly, no. It's very close to the property line.
Mr. Israel: So, whatever you have on your property line to the thing, there will be an
additional I would say a m~nimum of two or three feet.
Mr. Jester: I see.
Mr. Israel: You'll see that going in and where your driveway leads out, we'll look to
make a dip in the curb so you can also access that road.
Mr. Jester: Sounds good to me. And how about a fence? Will there be a fence there?
Mr. israel: A fence from where to where?
Mr. Jester: Along my property line?
Mr. Israel: There are no fences along that road.
Mr. Jester: We just have a wire fence up.
Mr. Israel: If that fence is on your property there shouldn't be a problem.
Mr. Jester: But there won't be any other fence put up there?
Mr. Israel: I have no reason to put up fences. They make me put up plenty of other
stuff.
Mr. Jester: OK. Thank you very much.
Mr. Ward: Would anyone else like to address the Board?
Nancy Poole: The recharge area next to lot one? How will that look? Right now it's a
woods. Is it going to be cleared?
Southold Town Pi. j,ng Board 7 April 8, 1996
Mr. Israel: Well, we have to create a recharge basin there. I believe there was...and
rll ask the Board again because I'm not sure how it finally was finished. We are doing
a shallow recharge basin there, is that correct?
Mr. Ward: Yes, that's whats shown.
Mr. Israel: OK, and then there was a question of whether you were going to require us
to fence that in because it was shallow.
Mr. Ward: That's going to be up to the Highway Dept. We don't really control that.
There will be a substantial amount of clearing on that lot to put a recharge basin in,
even a shallow basin. But the Town requirements are that there has to be screened
landscaping put up and a fence if required by,.for safety reasons, by the Highway
Dept.
Ms. Poole: That means there's going to be a dip?
Mr. Ward: Yes.
Ms. Poole: And if there's no fence, what did you say, there Will be plantings?
Mr. Ward: Yes.
Mr. Israel: Normally the edges are seeded with grass. There are usually some
plantings along the perimeter to, I guess retain the grade. We also own the corner
house where the field is, so it's as important to us as it is to you.
Ms. Poole: So it will always remain that way.
Mr. Israel: That is maintained by the Department of Highway from the Town of
Southold, once we dedicate the road. We do not keep ownership of that piece and
we do not maintain that piece. It will be maintained by the Town of Southold after it is
dedicated.
Ms. Poole: And they'll get to it from that side road?
Mr. Israel: Correct. As you can see, it goes back. There are drainage pipes and
everything else that go into there. It takes the water off the road that we're creating.
Ms. Poole: The main well is on that property or on lot one. I saw the main well.
Mr. Israel: The well that you're seeing is a test well that we did there and that is on lot
Southold Town Pi, ~g Board 8 April 8, 1996
one,
Mr. Ward: But I think the opportunity does exist to save some of the trees along the
proper~y line, looking at the configuration of the basin. So you may want to take that
into consideration. Would anyone else like to address the Board on the Highpoint
Woods East Marion subdivision? If not then all is in order t close the hearing at this
point. Is there a motion from the Board?
Mr. Latham: I move that.
Mr. Orlowski: Second.
Mr. Ward: Moved and seconded. All in favor?
Ayes: Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Cremers, Mr. Ward.
Mr. Ward: Opposed? Motion carried. And what would be the pleasure of the Board?
Mr. Orlowski: Mr. Chairman, rd like to make a motion that whereas, Lorraine E.
Mandel and Marion Wood Associates are the owners of the property known and
designated as SCTM# 1000.22-3-5 and SCTM# 1000-31-4-15.3, 15.4 & 16, located
on the north side of Main Road, 624 feet east of Stars Road in East Marion; and
Whereas, this major cluster subdivision, to be known as Highpoint Woods, is for 10
lots on 21.5584 acres; and
Whereas, the subdivision has been designed in accordance with Section 281 of the
Town Law and Article XVIII of the Code of the Town of Southold; 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 August 17, 1992; and
Whereas, the Planning Board granted conditional final approval to the Highpoint
Woods at East Marion subdivision on Nove tuber 15, 1993, but the conditional
approval expired because the conditions of the approval were not fulfilled within the
required time frame; and
Whereas, on February 27, 1996 the applicant submitted the information required by
the Planning Board to schedule another final hearing for the proposed subdivision;
and
Southold Town PI~.._ ng Board 9 April 8, 1996
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, a final public hearing was closed on said subdivision application at Town
Hall, Southold, New York on April $, 1996; and
Whereas, upon fulfillment of the conditions of this approval, all requirements of the
Subdivision Regulations of the Town of Southold will have been met; and be it
therefore
Resolved that the Southold Town Planning Board grant conditional final approval on
the surveys dated December 14, 1995, subject to fulfillment of the following
conditions within six (6) months of the date of this resolution:
Five (5) paper prints and two (2) mylars of the final maps, all containing a
valid stamp of Health Department approval and a notation that a Declaration
of Covenants and Restrictions was filed pertaining to the subdivision must be
submitted.
The amended Declaration of Covenants and Restrictions has been approved
by the Planning Board and the Town Attorney. The Declaration must be filed
in the office of the County Clerk and a copy of the recorded document must
be submitted to this office. The liber and page number of the recorded
document must be noted on the final surveys.
The Performance Guarantee in the amount of $221,675.00 must be sub-
mitted and accepted by the Town Board or, the ~mprovements contained
in the bond estimate must be completed prior to any endorsement of the
final ma p.
The construction of the road improvements must not impede access to the
existing homes which use the existing right of way for access. A letter from
the applicant must be submitted stating that this will be complied with.
The Planning Board 'has waived the requirements for a Homeowners Assoc-
iation in that the applicant intends to offer the road for dedication to the Town
and has received assurance from the Tax Assessors office that the existing
assessment is sufficient for dedication. If for any reason the road is not
offered for dedication, or accepted by the Town, the final map will not be
endorsed by the Chairman until an acceptable Homeowners Association is
incorporated for the road and drainage areas.
Southold Town Pl~,ng Board 10 ..... April 8, 1996
The park and playground fee in the amount of $18,000.00 ($2000 per vacant
lot) must be submitted.
Mr. Cremers: Second.
Mr. Ward: Motion seconded. All in favor?
Ayes: Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Cremers, Mr. Ward.
Mr. Ward: Opposed? Motion carried, rd like to just say to tl~ose of you that came
tonight to talk about this particular subdivision, if you'd like to see a map you're
welcome any time to come in and see Melissa at the Planning Board office to review
the map and she'll certainly take a few minutes with you to go over the extent of the
subdivision and any other questions that you may have. So we thank you for coming.
Mr. Ward: Bawiew/South Harbor Partnership and Frank Buonaiuto - This lot line
change is to subtract 527 square feet from a 12,639 square foot parcel, and to add
it to a 543,652.79 square foot parcel; and to subtract 2899 square feet from the
543,652.79 square foot parcel and add it to the 12,639 square foot parcel, located
on Grange Road and South Harbor Road. SCTM# 1000-75-4-8 and 22.1. Is the
applicant here?
Michael Croteau: My name is Michael Croteau and rm the general partner. The
partnership was applying for the lot line modification and dropped off the affidavit
with you today Melissa, I think you have it. That lot line modification is being do ne for
a few purposes. We have a 17-1/2 acre farm that was purchased by the partnership
a few years ago. A minor subdivision was done and 5 acres with a farm house on it
was sold. We put a conservation easement on the property with Peconic Land Trust
for the remaining acreage and the development area of three acres remains on the
end of the north part of the property between South Harbor Road and Grange Road.
In seeking the lot line modification, Mr. Buonaiuto has a lot that is very narrow and
borders the partnershi ps lot and his lot wraps around the Grange Road cul-de-sac. He
approached me and we talked about it together to try to add some extra width to his
lot and also for the partnership to gain access from Grange Road for two of our lots
to avoid flagging the lots from South Harbor Road. So we've been in the process of
applying for a lot line modification. I know there are some people here probably from
Grange Road that are interested in the discussion. I think what happened, that came
to my attention this week, that someone said we were going to put a road through
from the end of Grange Road over to South Harbor Road, which as you know is not
Southold Town PIL~ ?~g Board ! ! April 8, ! 996
our plan and it certainly isn't my plan.
What we're trying to do is to preserve as much of the farm as possible with the very
limited development plan that we've got and to have direct access to each of the lots
from public roads, so I'm here tonight to listen to any questions, or hear of any
opposition to it.
Mr. Ward: Is there anybody here regarding this lot line change that would like to
address the Board?
Russell Ackroyd: Lot 15 on 615 Grange Road. I have a couple of questions. I was
under the impression from the last meeting I was at, that they were going to build 28
homes on this lot. I thought it was 2 acre zoned. How do we get three, o ne acre
lots?
Mr. Ward: Basically this is a cluster subdivision. In other words it's based on the
density. What we're dealing with here is a total of I believe 5 lots, which would
average much more than a two acre zoning.
Mr. Ackroyd: Oh so you're in a cluster situation?
Mr. Ward: Right.
Mr. Ackroyd: Mr. Croteau's intentions may be good. My concern is the many children
on this road. He may not intend to access South Harbor from Grange Road, but
that's not to say that the three people in these new lots don't intend somewhere down
the road to get a variance and break the road through. We have enough traffic on the
road with people just seeing what's interesting about the cul-de-sac. We don't need
people taking short cuts. I know living in Lot 15 that it would be nice but I don't want
to cut into South Harbor. Not with a dozen or so children on the road.
Mr. Ward: If the Board were to approve this, we would have a covenant that would
stop that from ever happening.
Mr. Ackroyd: From ever happening? That's not to say that these people with all the
money in the world can come in and lobby Town Hall and say, hey I want to bust
through.
Mr. Croteau: In addition you'd have to get the cooperation of three property owners
and what we're trying to do is keep each of these lots as private as possible so that
(change tape) the alternative was to create flag lots from South Harbor Road. And
what that would do it would mean that the lot that you're looking at most interior to
Southold Town PI~_ _~ng Board 12 __-- April 8, 1996
our piece of land would have to have a driveway coming all the way in from South
Harbor Road along the back of the two lots.
And then the second lot would also have to have a driveway coming in along the back
of the two lots. And then you would have essentially a road or a driveway or some
sort of access coming along the back of those lots. The way it is now the property
owner of the lot that's on South Harbor Road is going to own right up to Frank's
proper~y line, so it's even probably less likely that that is going to happen.
Mr. Ackroyd: Well that's my fear. Have you ever been down Peanut Alley? That used
to be a dirt road, now it's a beautifully wide paved road that's right up to the trees and
you can get two cars through there. You never used to be able to get one car
without brushing the branches.
Mr. Croteau: But if you look at this, if you were to own that lot on South Harbor Road
as a private owner, someone would have to be driving across your lot. It would be
like you on Grange Road having someone start driving through your back yard. It
would be stopped before...
Mr. Ackroyd: rm sure many people have tried. But those were just my questions.
Mr. Ward: Alright, thank you. Is there anyone else that would like to address the
Board?
Mark VanBourgandien: I'm on Grange Road extension. The only question I have is
why weren't the lots placed along South Harbor?
Mr. Croteau: We looked at those plans originally and what we tried to do is to
maintain as much of the farm open space as we could and that was the narrower side
of the length in South Harbor Road. To line up the lots down South Harbor Road
would essentially have' cut the view from Bayview Road across to South Harbor Road
and the other way as well. This plan was drawn up by the Peconic Land Trust and
What we're trying to do with even the lots we have here is to maintain the :front one
third of them and keep the building envelope up closer to the tree line so that there is
the old George Stepnoski farm house, all the open area down near the fire
department .is being farmed now, and a good share of the .land that we sold with
George Stepnoski's farm house has a conservation easement on it, And this was the
way to allow for the least amount of roads and the least amount of development and
the least amount of infringement of development on the field. It essentially keeps 14-
V2 of the original 17-1/2 acres undeveloped.
Mr. VanBourgandien: Well regardless, I mean it's three acres no matter where you put
Southold Town Pr,~ _.ng Board 13 J April 8, 1996
those three acres the remaining part stays.'
Mr. Croteau: Well, the only reason the remaining part stays is because we put a
conservation easement on it, without a choice. Our right in this project was to get
nine additional houses out of right of ownership. Our motivation was to preserve the
property. I would like to do no lots. Unfortunately, I don't have the money to do that.
We still have to try to break even on this thing so what it did was it left a limited
development of three lots.
Mr. VanBourgandien: So basically, they were planned the way they are now for wew
purposes.
Mr. Croteau: For view purposes and Planning purposes and in conjunction with the
Land Trust who advised us on it, yes. Access, a lot of things.
Mr. VanBourgandien: It just makes more sense to put them on a road where they
each have a driveway, and not have to worry about all the other hassles.
Mr. Croteau: Well as it stands right now with this lot line modification they would all be
on a road with a driveway. And the Planning Board, in their process, we went through
this and that three acre parcel they saw fit as a feasible plan.
Mr. Ward: Is there anyone else that would like to address the Board on this particular
lot line change?
Ed Richards: 440 Grange Road. I was just wondering if there was any limit to the size
of the houses on these lots. There's this blue house that my kids call the castle. The
neighborhood is all small homes and I was just wondering if there was a limit to like
two stories or three or anything such as that? Can they build whatever they want on
those one acre lots?
Mr. Ward: The house would have to be 850 square foot or more to meet the Town
Code. There's no restrictions on what type a house you can build.
Mr. Richards: Or how large it can be heightwise? Can it be over thirty foot high, can it
be forty foot high?
Mr. Ward: No.
Mr. Richards: If you're familiar with the area, there's a big blue house that went up
either at Disney World or whatever. It's kind of out of place and being there for seven
years I wouldn't like to have these overpowering houses, these structures that look
Southold Town PIt.__.,ng Board 14 ~._ April 8, 1996
like they belong in East Hampton, down on Grange Road.
Mr. Ward: The Building Department has control over the part of the Town Code that
makes for a minimum size house so you can't build a chicken coop. But in terms of
the maximum size of a house, that's really up to the person who is going to buy the
lot. Heights are restricted. It can only be a two story house. So you have that
restriction. You don't really have on a lot, the one acre lots will probably confine a
house better than two acre lots, for what you're asking about. If this subdivision had
been plotted out as a two acre, just use up the whole property as two acre lots, the
tendency could be to have larger homes. But it's up to who ever buys those lots.
But there will be restrictions in terms of minimum size, heights, things of that source,
that are in our building code.
Mr. Croteau' I just wanted to let you know on that note, and this isn't the subdivision
this is just a lot line modification to see if we have access to those lots but our plan is
to...if it's feasible, I don't know itl have the time or energy, rm hoping I do...in the
next few years is to design and build houses ourselves on it that are historic replicas
and it will be in the scale to the lot. I have the same concerns that you do after going
through this much effort to preserve the farm that we just sell the lots outright and
end up with a monster of a house or some odd looking thing.
Mr. Richards: You know the blue house' right?
Mr. Croteau: Yeah, I don't even know if that will fit on one of these lots but I hope that
if we do develop it that we would do it tastefully.
Mr. Ward: Is that something that when and if you do come ~n with a subdivision you'd
be willing to put into some covenants in terms of review as to what...
Mr. Croteau: There aren't enough covenants on that piece of property now?
Mr. Ward: You're giwng a statement that you want to see it, you want it to be nice and
you're talking about certain controls on it.
Mr. Croteau: When we come in with a subdivision plan I would have a building
envelope that I think would help preserve a little more of the farm land and also if we
were to sell the lots outright, I think we would do that with covenants and restrictions
because we don't want to see poor quality construction or anything else in the field.
It's a small piece of property and it's open to all the views so I think we'll cross that
bridge when we get there.
Russell Ackroyd: I just have one more follow-up question. Has there been anything
Southold Town PIk .,rig Board 15 April 8, 1996
proposed in a way of where's the water being tapped in? Are we going to now lose
pressure because as it is now my pressure is not the best. If we're going to have
three large homes on this, is there going to be any type of new well. Is there
anything proposed to help keep the value of our water up?
Mr. Croteau: Right now I think, and the Planning Board will certainly be involved in that
and the utilities and everything else, but right now there is a water main that runs
down South Harbor Road...
Mr. Ackroyd: My home is off of South Harbor.
Mr. Croteau: And there is a water main on Grange Road as well, so again, utilities we
look at at the point of doing subdivision.
Mr. Ackroyd: Well that's something rd like to know now if rm going to approve of
something or give my opinion, I'd like to know how if affects my home. I mean, three
large houses, two stories and my water is tapped off of South Harbor, these are
going to be the first houses to get the water.
Valerie Scopaz: If l could answer the question. The decision as to which ma~n any
future houses will feed off of is not a decision that is made here. It will be made by
the Village of Greenport which owns the water company that supplies the water. They
will have to meet the County Health Dept. standards. So no matter what happens
there, you can be sure that the County is not going to allow the water supply to be
compromised. I wouldn't be too concerned about that.
Mr. Croteau: Right now there is a main on Grange Road and there is a main on South
Harbor Road so the water is there from two points, and as Valerie has said it will be
up to Greenport Utility and the County Health.
Mr. Ward: Are there any other comments? If not, then all is in order this evening to
close the hearing.
Mr. Cremers: So moved.
Mr. Latham: Second.
Mr. Ward: Moved and seconded. All in favor?
Ayes: Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Cremers, Mr. Ward
Mr. Ward: Opposed? Motion carried. What's the pleasure of the Board then on this
Southold Town Pl~_..,ng Board 16 . _. April 8, 1996
application?
Mr. Orlowski: Mr. Chairman, rd like to make a motion that whereas Bayview/South
Harbor Partnership is the owner of the property known and designated as SCTM#
1000-754-22.1 located on South Harbor Road in Southold; and
Whereas, Frank Buonaiuto is the owner of the property known and designated as
SCTM# 1000-75-4-8, located on South Harbor Road and Grange Road in Southold;
and
Whereas, this proposed lot line change ~s to subtract 527 square feet from a 12,639
square foot parcel, and to add it to a 543,652.79 square foot parcel; and to subtract
2899 square feet from the 543,652.79 square foot parcel and add it to the 12,639
square foot parcel; 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 March 19, 1996; 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, a final public hearing was closed on said subdivision application at the Town
Hall, Southold, New York on April 8, 1996; and
Whereas, all 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 March 25, 1996.
Mr. Latham: Second the motion.
Mr. Ward: Motion seconded. All in favor?
Ayes:.Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Cremers, Mr. Ward
Mr. Ward: 0 pposed? Motion carried, rd just like to say thank you for coming tonight.
The subdivision itself, if and when it happens, there will be a sign posted on the
property to let you know and you're welcome to come back and you can also keep in
touch with Melissa for any other concerns. But many of the concerns tonight is for
Southold Town Pl~.,,~ng Board 17 .... ~ April 8, 1996
that next step, is to what's happening and what restrictions there'll be for making sure
there isn't the cut through of a road and things of that sort.
Mr. Croteau: Dick, I also took the liberty to supply everybody on Grange Road with the
information as well, even though they weren't all considered receivers of neighbor
notices, so we will be in touch with them on the rest.
Mr. Ward: OK, fine.
Mr. Ward: Beachcomber Motel II - This proposed site plan is for the expansion of an
existing motel through the addition of 46 more units in four new buildings. The
project is located on Duck Pond Lane in Cutchogue. SCTM# 1000-83-2-1, 2 & p/o
17. We have a problem, I believe, with the posting on this particular site and rd like
to enter a resolution that the Southold Town Planning Board keep the hearing held
open until the next public meeting on April 29, 1996 pending further notification of
property owners.
Mr. Latham: Second.
Mr. Ward: Motion seconded. All in favor?
Ayes: Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Cremers, Mr. Ward
Mr. Ward: Opposed? Motion carried. Also, be it further resolved that the public
comment period will be held open until May 9, 1996.
Mr. Cremers: Second.
Mr. Ward: Motion seconded. All in favor?
Ayes: Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Cremers, Mr. Ward
Mr. Ward: Opposed? Motion carried. There are some of you that did come tonight
and what rd like to do is give you a chance to go on record if you have any
comments regarding the Beachcomber proposal. You're welcome to do that tonight
and you're also welcome to do that on the 29th when we have the next meeting.
Barbara Rickel: rm Barbara Rickel, Vista Place. My concern is that, I flipped through
that huge report and there seem to be serious environmental concerns. It was Duck
Pond Point. It is the home of the birds and someone, in my opinion, stupidly filled in
Southold Town Pl~_~ng Board 18 ._~ April 8, 1996
the Duck Pond and put the motel there and now we're faced with increased
destroying of the environment:
secondly want to make sure that everyone realizes that the environment is beyond
t.he birds and the people. That is a very oangerous corner. Increased traffic will
cause...we've had several dogs killed, rd hate to think about children being killed on
that corner. What about the increased pressure on our homes, valuewise, and also
people from the motel tend to roam around our neighborhood. What is the Town
willing to promise us in police support, fire protection, all those kinds of things.
Litter increases during the summer because people wander around our
neighborhood, and I think that although Mr. Aliano has the right to develop his
property, we have a right to protect our investments and I think this is very damaging
to our environment and where we live. It is a family community, and to open it up to
46 more units of a motel brings a lot of danger to all of us. Thank you.
Fran Slezak: Hi, my name is Fran Slezak. I live on Alvah's Lane in Cutchogue. I walk
the beach in that area. I was not notified of this because I'm not in the immediate
area, but I did see the sign and I felt compelled to come here tonight because I too
am very concerned about the environment, t he beach erosion. In the summer time I
have called the police de partment and the highway department 3 or 4 times, because
cars have pulled trailers with jetskis onto the beach there. These were people who
maybe were staying at the motel, or not staying at the motel, I don't know. But I was
concerned that they were there.
I h ave seen when the motel was closed, hunters with beagles on the grounds,
shooting rabbits with homes in the neighboring area. That concerned me greatly.
There is no place for the people Who live in the area, when we go down there in the
summer time to walk along the beach, the non-residents cars are parked all the way
along that road, all the way up to Duck Pond. Ithink it's invasion of a community. I
think that you really have to consider the people who live there.
The dirt that's left on the side.:.there's a road that comes from Duck Pond down to
the water and it's the edge of the Beachcomber...the filth that's left there. I have
seen the feet of deer left there in the fall when the motel is closed, rm not blaming
the motel, but rm saying a lot of people come there, they're aware that it's a dead
end area, they leave things there, and it's just disgusting. I can't tell you how many
times the barrier there has been pushed down by people because the barrier was
there they couldn't drive their car on the beach to get to jetski so they moved it over
and they carried the jetski there. I couldn't believe it with my eyes. These are non-
residents.
Southold Town PI~,.~ ,ng Board 19 ~ April 8, 1996
So, I'm very concerned about what's going to happen when you increase it to 46
units. I'm already upset with seeing the changes that have happened. The dirt, the
garbage, the food left on the beach. If you walk on the beach a mile down in either
direction, the people have left. Who is going to go and pick that stuff up? I have
picked it up. rve called the Town to say, hey there's stuff here. Very often the water
just naturally comes up very high on the sand. The natural erosion is not...I mean if
you put more people, more boats...rve seen motorcycles riding on the beach. Who's
going to monitor this.
When I called the police department one time because somebody had come with a
jetski and...when the jetski people come, they come with one jetski and there are five
carloads of people, and they all take their turn and ride the jetski. I've seen the jetski
with nobody on it going in circles because they fell off. I thought it was supposed to
close off automatically? It didn't. Well, that frightened me because there were people
and children in the water. And it's a limited beach area because of all the natural
rocks and all the natural stones that are there that when these other people are there
who are with the motel or not with the motel, rm just saying that a lot of people come
to the motel that are familiar with the area, then they come back. And the local
people can't even get down there because all their cars are parked along the road,
not in the motel, in those places. So, how are we going to monitor this. How are we
going to...when I called the police one time they said, well, we'll try to get down there
but we have a lot of other areas. Their hands are tied. They've got a lot of places to
go. I think it's a major concern and I think we really have to look at it because it's a
community there and I think the Town people are concerned about it. And just
happened to see the sign because t walk the beach every day. Thank you.
Mr. Ward: We have a lot of street ends and we have similar problems really all over
the Town during the spring, summer and fall. The issue that will be before us though
on the 29th will be directly related to the Beachcomber proposed expansion. What
we will do is take these comments and make sure that the Town Board and police
department at least are aware of these concerns.
Ms. Slezak: There's not even a sign there that says only for Town residents. Is that
because the motel is there? Almost every other dead end street in Southold has a
sign that says parking for Town residents. This does not even have that. It does not
even have a sign there.
Mr. Ward: Which maybe means there is no parking, but I don't know the situation.
Ms. Slezak: No, it says no parking hours between 10 and 10, but rm saying every
other place you go down it says Town of Southold sticker. And I think there ~s a
direct correlation between what's happening there with the expansion. I think there's
Southold Town P, ~lL~ng Board 20 ~- April 8, 1996
going to be more people, more cars traveling down there, rm very concerned about
it. Thank you.
Gerald Waits'. My name is Gerald Waits. rm here on behalf of the North Fork
Environmental Council. We do have some concerns concerning this project and rm
here to read a statement. The DEIS for the Beachcomber expansion evaluates the
project as existing on three separately owned parcels of land rather than on one
merged tract of land. The North Fork Environmental Council is concerned about how
this approach may or may not impact future development of these parcels beyond
the proposed Beachcomber II project. Since part of the SEQRA review calls for an
anticipation of a project's possible impact on future development, we feel that a
number of questions should be addressed.
1. What are the implications beyond this project if the separate parcels are later sold
off?
2. Parcel #3 includes almost 30 acres presently zoned Agricultural-Conservation.
According to the DEIS, this land would no longer be farmed but instead would be left
fallow in order to provide the project with an adequate water supply. Without
Covenants and Restrictions, doeS leaving this land dormant increase the likelihood of
it being re-zoned for development at some future date?
3. The existing 36 motel units are presently located on Parcel I consisting of 2.1
acres. The normal allowable density for this parcel, however, would be 14.5 units. If
the three parcels are not merged, is the Beachcomber complex, in effect, getting an
extra 20 units? In other words, should public water later become available and/or
further down' the road yet another expansion is planned for parcel 2 or parcel 3,
would parcel one's 36 units be factored into the whole picture?
4. The Beachcomber DEIS mitigates a number of SEQRA issues (traffic, burden on
community services; etc.) by highlighting the "seasonal" nature of the Beachcomber
complex. What safeguards are there ensuring that Beachcomber will remain
seasonal? For that matter (given the recent confusion over the definition of a "parking
space") how exacting is the Town's definition of "seasonal"?
Lastly, the NFEC would like to cite Chapter 37 of Town Law which gives the Southold
Town the responsibility to "regulate in coastal areas subject to coastal flooding and
erosion, land use and development activities so as to minimize or prevent damage
and destruction to property." In keeping with this law, in 1978 the Planning Board
supported a change of zone on Parcel 2 so that Mr. Aliano could "move the motel and
facilities back from .the Sound as a result of substantial loss of beach through
erosion." However, although presumably the change of zone was granted for this
Southold Town P~..~ng Board 21 ~-~ April 8, 1996
purpose, this move has never taken place. As recently as April 23, 1992 the
Trustees have also advised that the existing motel should be moved at least fifty feet
back. As per Chapter 37 of Town Law, shouldn't Southold see to it that this move of
the existing motel be included in the Beachcomber project and thus accounted for in
the DEIS? Thank you.
Ms. Scopaz: Could we have a copy of your comments?
Mr. Waits: Yes.
Mr. Ward: Is there anyone else that would like to address the Board this evening?
Tom Mangimele: rm Tom Mangimele, I live on Duck Pond Rd. My piece of property is
on the bluff that overlooks the Beachcomber. On the busiest week-end in the
summer, Memorial Day, there's not more than six cars in that parking lot. What's the
need for the expansion? What's the need? My concern is what's going to happen
further on down the road? It doesn't look like the motel business is making it there.
The place needs a paint job, the curtains are ripped, you can see it from the street.
What's going to happen ~n the future? Can it be turned into a rehab center? That's my
concern. Thank you.
Mr. Ward: Anyone else? Yes sir.
Kip Bedell: I live on Duck Pond Rd. We've lived there three years now and we moved
into what is essentially a dead end street, there's no outlet. And we felt that it would
be a pretty quiet road down there and we were very surprised actually with how much
traffic is really there.
As Tom mentioned, there really are not a lot of cars usually at the Beachcomber
Motel, but certainly it does increase the traffic in the summer time when there are
people there and also people that use the beach, there are fishermen that use the
beach. I can't even imagine the increase of 46 units, which means at least one car,
meaning at least once a day they're going to be going somewhere and coming back.
And more than likely they're going to be going multiple times leaving the motel to do
something and come back again. And every time, they have to come up and down
Duck Pond Rd.
We did have a cat killed right in front of our house and I just can't imagine on this
dead end road that increase in the traffic that much. I think it would be very bad.
Thank you.
Mr. Ward: Anyone else like to address the Board this evening?
Southold Town Pi~_~,mg Board 22 ~-~ April 8, 1996
Rich Spellman: I live on Duck Pond Rd. I have an adjacent piece of property right in
back of Tom, in between Kip and Tom. My concerns are from a business
perspective. It's the same question that Tom has asked. What do they justify
creating 46 units to a business that on face value does not seem to have more than
10% of those units at any given time, filled now. And if they were going to be
required to move those units back, and you can see what the erosion has done, they
put the cement wall up there, why didn't they do that before considering this other
move?
I only received my notice Saturday so I really didn't have a chance, I will go and look
at the library, I understand there's a binder with all the information. But I thought
there was something like 130 on the sound, maybe rm wrong. I didn't know there
were just 30. I heard 30 quoted but I thought there were more than that because
there are about three buildings there. The total units that are at the existing
Beachcomber Motel?
Ms, Scopaz: There's 36 units and three apartments existing on the site and they are
proposing to add an additional 46.
Mr. Spellman: Alright, then rm incorrect. So, there's about 40 some odd units there
now and they're going to add another 46, so they're essentially doubling the size of
the units. I can't help but ask myself is there a hidden agenda here? There are 46
units that are not filled, I would be willing to bet you if you look at their books, not
more than 25% of those units during the summer time are filled at any given night.
Why do they need 46 more units? And especially when the place itself is
deteriorated, rve been there nine years now and it has deteriorated significantly over
the time rve been there, the maintenance. So those are just the questions I ask.
Thank you.
Mr. Ward: Anyone else like to address the Board? If not, this hearing will be continued
on the 29th and you're certainly welcome to come back. rm sure the applicant, at
that particular time will have some responses to some of these questio ns and the
Board also has some concerns that we'd like to have addressed. So, we thank you
for coming.
MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES AND SET OFF
APPLICATIONS
Final Determinations:
Mr. Ward: Barbara Dow- This proposed minor subdivision is for 2 lots on 4.99 acres
located approximately 1,450 feet north of Main Rd. on a r-o-w located 2,600 feet
Southold Town Pr~mg Board 23 ~ April 8, 1996
west of Young's Rd. in Orient. SCTM# 1000-17-2-6. What's the pleasure of the
Board?
Mr. Latham: Mr. Chairman, I offer this resolution. Be it resolved that the Southold
Town Planning Board authorize the Chairman to endorse the final surveys dated
August 14, 1995. Conditional final approval was granted on December 11, 1995. All
conditions have been fulfilled.
Mr. Cremers: Second.
Mr. Ward: Motion seconded. All in favor?
Ayes: Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Cremers, Mr. Ward
Mr. Ward: Opposed? Motion carried. (Chairman endorsed surveys)
Preliminary Extensions:
Mr. Ward: Rockcove Estates.- This proposed major subdivision is for 23 lots on
28.315 acres located on the north side of Middle Road (C.R. 48), approximately 500
feet west of McCann Lane in Greenport. SCTM# 1000-33-3-19. What's the pleasure
of the Board?
Mr. Cremers: Mr. Chairman, rd like to make the following resolution. Be it resolved
that the Southold Town Planning Board grant a six month extension of preliminary
approval from April 2, 1996 to October 2, 1996.
Mr. Latham: Second the motion.
Mr. Ward: Motion seconded. All in favor?
Ayes: Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Cremers, Mr. Ward
Mr. Ward: Opposed? Motion carried.
SITE PLANS
Final Determinations:
Southold Town Pl..~,,ng Board 24 April 8, 1996
Mr. Ward: Richard W. Corazzini - This site plan is for a 25,200 square foot office,
storage and repair building on a 6.910 acre site located on Cox Lane in Cutchogue.
SCTM# 1000-84-1-26.2. What's the pleasure of the Board?
Mr. Edwards: Mr. Chairman, I move that the Southold Town Planning Board authorize
the Chairman to endorse the final surveys dated January 5, 1996. Conditional final
approval was granted on January 29, 1996. All conditions have been fulfilled.
Mr. Cremers: Second.
Mr. Ward: Motion seconded. All in favor?
Ayes: Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Cremers, Mr. Ward
Mr. Ward: Opposed? Motion carried. (Chairman endorsed surveys)
APPROVAL OF PLANNING BOARD MINUTES
Mr. Ward: Board to approve the March 18, 1996 minutes.
Mr. Cremers: So moved.
Mr. Orlowski: Second.
Mr. Ward: Moved and seconded. All in favor?
Ayes: Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Cremers, Mr. Ward
Mr. Ward: Opposed? Motion carried. There's no further business on our formal
agenda. Is there anything any Board member wants to present at this time? If not,
anybody in the audience? If not, we're in order for a motion to adjourn.
Mr. Latham: I move that.
Mr. Orlowski: Second.
Mr. Ward: Moved and seconded. All in favor?
Ayes: Mr. Orlowski, Mr. Latham, Mr. Edwards, rvlr. Cremers, Mr. Ward
Southold Town Pl~.~,~g Board 25 -- - April 8, 1996
Mr. Ward: Opposed? Motion carried. We'll be going into a work session in a few
minutes so if you'd like to join us you're welcome to do that.
There being no further business to come before the Board, the meeting adjourned at
8:.30 p.m.
Respectfully submitted,
Martha A. Jones
'Secretary
Richard G. Ward, Chairman