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HomeMy WebLinkAboutPB-04/29/1996PLANNING BOARD MEMBERS RIC/-IARD G. WARD Chairman GEORGE RITCHIE LATHAM, JR. BENNETT ORLOWSKI, JR. WILLIAM J. CREMERS KENNETH L. EDWARDS Town I-Iall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MINUTES April 29, 1996 Present were: Absent: Richard G. Ward, Chairman Bennett Orlowski, Jr. G. Ritchie Latham Kenneth Edwards William Cremers Valerie Scopaz, Town Planner Melissa Spiro, Planner Robert G. Kassner, Site Plan Reviewer Martha Jones, Secretary Mr. Ward: Good evening, rd like to call the April 29, 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, May 20, 1996 at 7:00 p.m. at Southold Town Hall, Main Rd., Southold as the time and place for the next regular Planning Board meeting. Mr. Cremers: So moved. Mr. 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. Hearings Held Over From Previous Meetings 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 Southold Town Planr~ Board 2 ~ ~ri129, 1996 17. I see that the applicant is here, if they would like to address the Board at this time. Henry Raynor: Good evening Mr. Ward, gentlemen. My name is Henry Raynor, as agent for the Beachcomber. We're here tonight, here is Mr. Glenn Spaetta, of Glenn Spaetta Associates, who had prepared the Draft Environmental Impact Statement (DEIS) which you have been studying before you and if the Board is amenable he has a synopsis that he'd like to present to you this evening and if there are any questions he'd be more than happy to answer those, if you'd like to have the hearing proceed in that manner. Mr. Ward: That's fine. Glenn Spaetta: Good evening. As you can see we have an aerial photo of the proper~y with some overlays of different scenarios for development. As Henry said, rm an environmental consultant, rve been in the field for over 15 years preparing environmental impact statements for various projects, including residential homes and large developments, commercial property as well as for the proposed action. The project originally consisted of 86 units proposed for development to expand the existing motel complex. That was several years ago. A scoping meeting was held. At subsequent discussions after that meeting the project was significantly downsized to include 46 units. These units are four separate buildings and are pictured on the site plan on the aerial photo here. The project involves three separate tax map parcels. One of them is owned by Pond Enterprises, Inc. and that's 2.1 acres, that includes where the existing motel is. The second one is owned by Patricia Krupski and that's 12.3 acres and includes where the cabana and a lot of the cleared area ~s as well as part of the woods on the property, and the third lot is owned by Nicholas Aliano and is 33.8 acres of which 32 is farm and approximately 1.8 is wooded. For the purposes of the project the lOts have been combined together and will have to be, at a later date, merged together for the project. As part of the DEIS process, significant beneficial and adverse facts were discussed. Potential negative impacts of the project were some of the steeper sloped areas on the property and are located on the east of the clearing as well as on the south side of the clearing. Potential nitrogen loading into the Sound was a concern. Water usage, loss of some vegetation on the site, as well as traffic concerns and archeological concerns. Potential beneficial impacts to the project were an mc tease to local economic , Southold Town Plan~'~Board 3 l~ri129, 1996 concerns, increased tax revenue, approximately $48,000 per year. There will be more jobs created, short term, during construction, as well as an increase in future spending if additional people come to stay at the hotel and spend money in the Town of Southold when they visit wineries as part of tourism and into the local community. Also, the project will retain open space on approximately 43 of the 48 acres, as proposed. The development is concentrated in the resort residential portion of the property; it's broken into resort residential and agricultural conservation. You see the white line that runs through the middle of the property. Mitigating measures were utilized to minimize a potential impact of the project that might have been detrimental. As far as erosion control, the buildings have been re- arranged from the original proposal out of steep sloped areas so that they're in flat cleared portions of the property. The set backs of the buildings, the closest new one proposed is 110 feet from the bluff and we've avoided with the design of the proposed action, we avoided disrupting natural drainage swales and utilize some of the natural areas to retain the existing drainage patterns on site. The applicant will fol ow all erosion control guidelines and an erosion control plan will be submitted as part of this project. We've kept the buildings in the vacant cleared areas, as we've said before, that you see on the property. A lot of that is currently mowed and there's a cabana and kind of an open field there right now and it's just north of the woods. Water demands for the project have been investigated and the project was downsized as we've said before, from 86 units to 46 units, and that meets all Suffolk County Department of Health requirements alloWable for the 48.2 acres which are being included for this property. The requirement is 14,460 gallons per day and the total project will be at 14,425 gallons per day, so it will meet both New York State DEC as well as Suffolk County Department of Health standards for water demands. The sanitary system will consist of conventional sanitary sewage disposal, septic tanks and leaching pools and will also comply with all Suffolk County Department of Health Article 6 requirements. The applicant investigated salt water intrusion as a potential negative impact and has located the water supply wells back...you'll see two blue spots there near the resort residential and agricultural conservation district line and the wells will be located in that portion of the property and in that way they will not adversely mitigate groundwater supply or create the potential for saltwater intrusion. There will be a very small amount of vegetation lost as a result of the project on the Southold Town Planr ' ~-Board 4 ~- ~ril 29, 1996 eastern side of the property where some of the portions of the property would be cleared just slightly for the expansion of the units. Traffic impacts - approximately 33 flips per hour during the peak traffic hour and that amounts to about one car every two minutes on a Saturday afternoon in that peak hour and the total for the day on a typical Saturday, as a result of the project would probably be about an extra 100 trips per day. What the applicant is proposing is the addition of two stop signs, one at the top of the hill and...that's further to the left Garrett, on Duck Pond Rd., to the left of the red line, further to the left, there's a stop sign at the top of the hill so that when people have to turn right and go down to the beach they'll come to a complete halt. And also at the intersection of Vista Place and Birch Lane, so that they'll be traffic control in both of those directions. The Cutchogue Fire Department has requested that the applicant put in a 400 gallon per minute firewell on the property and the applicant has located that on the east side of the property and that meets with their requirements. Several alternatives to the project were investigated and the first one would be no action. No action would be as the site is now, with just the motel units and cabanas there. A second alternative was looked at, this was co nsidered alternative B which also clustered units on the property, but left two units back on the farmed portion of the property but within the resort residential zoning. And you can see approximately the way that would look. That was alternative B that was investigated and the applicant feels that the proposed alternative is better than that one. The third alternative looked at in addition to no action and that one you just saw, was clustering the units in a U-shaped formation in that cleared portion of the property- and you see the way that looks. And again, you can see by these overlays that most of the property is agaIn staying vacant and clear and all of the development really takes place in the cleared portion of the property as it :exists now. And again, this is an alternative that was proposed and not preferred by the applicant. Matters to be decided, as far as the Town of Southold, before the project can proceed, a denial of the project has to be given by the Building Department in order to be considered for special exception by the Zoning Board of Appeals. The Zoning Board of Appeals would then have to make a decision as to whether or not to allow the resort residential zoning by special exception. The code permits each unit, 6,000 square feet, to be constructed. And so it allows for 6,000 square foot units by special exception. The Planning Board would also have to approve the site plan prior to it going forward. The Building Department would have to approve the design and finally the Highway Department would have to approve the stop signs that would go into place. Southold Town Plan~ ~'B°ard 5 ~ril 29, 1996 Suffolk County Department of Health Services would also have to review the water supply and approve the system as well as the waste water for the project. New York State Department of Environmental Conservation would also have to approve the well permit and also the applicant would need to receive a non-jurisdiction letter for the tidal wetlands because it is close to it but it is outside the wetlands area. So, as you can see, an extensive review has been prepared and a DEIS has addressed concerns and issues of not only the Board but of other agencies as well that were involved in the comment period. At this point in time the applicant feels that the proposed action will have the most value not only to the Town of Southold but as well as makes the most economic sense for him at this time. With that, we'd be happy to open up for any questions that you might have. Mr. Ward: The Planning Board has two major concerns. One, is that the applicant going back a number of years, when he got a zone change, requested the zone change to move the existing motel back because the shoreline conditions kept undermining the motel and that the whole rationale for giving the zone change was to move the existing motel back so it would be out of the tidal and wave action along the shoreline. That alternative has not been addressed. That has to be addressed in this determination on your SEQRA review here. Secondly, the Board cannot understand how this project can be done as three separate holdings. They all work with one another. I don't believe we can really approve a project without knowing that it's under one ownership or one common ownership. Those are our two major concerns today. There have been other concerns raised by the community, but those are two major things we'd like to see addressed in detail in the environmental impact statement. Mr. Spaetta: We agree with you on the combining of the parcels, and that needs to be done. Right now they're all individual parcels. We mentioned up front that that needs to be done in order for the project to proceed, rm sure that the applicant is willing to do that. It requires some additional steps that need to be taken. As far as the removal of the existing units, that does create some economic hardship since the units are currently operating and are viable and that was addressed in the environmental impact statement as to remove the units now while they're still operating and still able to. generate income, does create some difficulty for the applicant. We would be happy though to expand on that and address that further. Mr. Ward: Yes, we're requesting that. Are there any questions? Anybody here that would like to address the Board on this particular project at this time, you can do that if you wish. I know some of you were here at the last hearing. Southold Town Plan~:Board 6 ~Jf-'gril 29, 1996 Rich Spetlman: At the last hearing, I asked the question, having lived here not a tremendous amount of time, about nine years. To my recollection, and other people can speak for this too, I do n't think rve ever seen at any given time any more than 25% of those units ever filled. And my question is, and still don't understand it, if there's no more than 25% of those units filled, why double the number of units? That's the basic question and I haven't heard that explained. Maybe it doesn't have to be addressed at this point, I don't know, but it's a common sense question and rd just like to get some sort of an answer to that question. Mr. Ward: Would the applicant like to address that? Nick Aliano: My name '~s Nick Aliano. rm the owner of Pond Enterprises, the Krupski parcel, which is my daughters, and the Aliano parcel, so that's the three parcels. As far as what the business has been doing, or not doing, I don't think that's anybody else's business but mine. I have reasons why it's not doing well now. The water comes up to the motel units now. And one more big storm and rll get wiped out altogether. And my main purpose 10 years ago when I made this application, was to be protected that if it does hit, I can build right away. I won't have to go through 10 years of this nonsense that we're going through now. So, the fact that it's not doing well has nothing to do with anybody else but me. And I have plans for this property. wouldn't be here spending money for 10 years if I didn't. That's all I have to say about it. Mr. Ward: Anyone else like to address the Board this evening? Kip Bedell: I live on Duck Pond Rd. I just have a question. Does the applicant own the property all the way to Oregon Rd.? Mr. Aliano: I do own property to Oregon Rd. Mr. Bedell: gentleman that, in the Again, I'm very concerned about the traffic on Duck Pond Rd. This mentioned that there's going to be a car every minute, or something like season and this is a dead end road, it's a residential area... Mr. Aliano: rm there 25 years, and I feel like a Johnny-come-lately. rm there 26 years to be exact. And the fact that I have property on Oregon Road and I have frontage on Oregon Road ... Mr. Bedell: What rm saying is that I feel that this project is going to create far too much traffic on a dead end residential road and I think that if this should even be considered by the Board, there should be a private road that runs up to this motel and by-pass Duck Pond Road altogether. SoutholO Town Planr~ ~,Board 7 .... ~ri129, 1996 Mr. Ward: Anyone else like to address the Board this evening? Tom Menginele: I also live on Duck Pond Road. My concern is what can happen in the future to where this site is going to be. Let's say it sells, can it become something else, maybe a half-way house or a rehabilitation center? Because you know it is in a residential area, and that's my concern. Mr. Aliano: Well, now we've got it going for what we want to use it for. If other uses that you're talking about would be something else rd have to go into. That would be a whole new ball game. Mr. Menginele: Well, let's just say it sold, would this have to come before the Zoning Board again? Mr. Ward: Well, it would depend on what it was, but normally if it's a use that's not allowed within the zone, it would have to go for either a zone change, which would be the Town Board, or a special exception which wou Id be the Zoning Board of Appeals. There would be other hearings, it wouldn't just happen. Mr. Menginele: And the way the zoning is right now for building, if in effect these buildings do get erected, can there be an add on? Or the way the zoning is right now is it certain buildings per amount of acreage? Mr. Ward: It sounds like right now the controlling factor happened to be the Health Department. I guess they had an application in for more units. Based on the amount of property that's here they would be allowed to build more units under the zoning category here, but at this particular junction they're going along, I guess, with what Health Services will allow in terms of their capacity. Mr. Menginele: And also, just one other point. Outside of the stop signs, because I did see that in the environmental impact, is there any other kind of alterations that are going to be made to the roads or...because right now you have no shoulder on those roads going down there. You go two feet off the road, you're either in a gully or into a tree. During the season, we do use the beaches out in front there and if a car comes, there's very little room. I was just wondering if that's being taken into consideration o r even thought about? Mr. Ward: It will be looked at. Anyone else? Barbara Rickel: I live on Vista Place. rve lived there for 20 some odd years. I'm sorry, I just came in. I teach at the community college and we had a late meeting, so I don't know exactly what's been said but I want just to put on record that rm totally ~ Board 'aril 29. 1996 Southold Town Plan 8 ~/ opposed to this expansion. I think it's detrimental to our neighborhood. It's detrimental to the environment. It doesn't consider the needs of the people in the area and I see no reason for it. There's not a lot of use of that area, and when people do come, there is no policing in how they walk through our neighborhood, leave garbage and are inconsiderate. They let their dogs and their children roam all over our yards. I have found motel people using my swing set. I don't understand that. We need to be protected. I think that is a waste of everyone's effort to even consider the proposal. Thank you. Mr. Ward: Anyone else like to address the Board? Does the applicant have anything else further that they would like to present? Mr. Aliano: I don't have anything else to say except that the Town itself saw fit to add, before I made an application, to add about six or seven acres to the back of my motel, just like that, without me going to the Town, it was just re-zoned for s~x or seven more acres. Now, I ask just another six acres and all this fuss...well, I got the other six acres, but, I have nothing else to say, unless you have another question. Mr. Ward: Anyone else on the Board? If not, all in order to close the hearing. 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? Carried. Just a note that the public comment period will run until May 9, 1996, and the Board may make a decision at the May 20 meeting whether to accept the DEIS or require a Final Environmental Impact Statement. So, those that are interested in following this, May 20 would be a meeting then that you may like to attend. Thank you all for coming. Setting of Final Hearings: Mr. Ward: Soohie StvDe - This proposal is toset off a 2.161 acre parcel from an existing 34 acre parcel located on Oregon Rd. and AIvah's La. in Cutchogue. SCTM# 1000-95-1-7. What's the pleasure of the Board? ~ '~ .~.~.~.~ril 29, 1996 Southold Town Plan~, Board 9 Mr. Cremers: Mr. Chairman, I'd like to make the following resolution. Be it resolved that the Southold Town Planning Board grant a retroactive 18 month extension of sketch approval from February 22, 1995 to August 22, 1996. Sketch approval was granted on August 22, 1994. 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. Mr. Cremers: I'd also like to add, be it resolved that the Southold Town Planning Board set Monday, May 20, 1996 at 7:00 p.m. for a final public hearing on the maps dated August 22, 1994. Mr. Edwards: Second. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Cremers, Mr. Ward. Mr. Ward: Opposed? Motion carried. Review of Reports: Engineer Mr. Ward: Alan Cardinale- This rn~nor subdivision is for 4 lots on 15.73 acres on the southeast side of Main Rd. in Mattituck. SCTM# 1000-122-3-1.4. What's the pleasure of the Board? Mr. Latham: Mr. Chairman, be it resolved to adopt the Engineering Inspector's report dated March 12, 1996. Mr. Orlowski: Second. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Cremers, Mr. Ward. Southold Town Plar¢~'' Board 10 ~' April 29, 1996 Mr. Ward: 0 pposed? Motion carried. MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES, SET OFF APPLICATIONS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Draft Environmental Impact Statement: Mr. Ward: Indian Shores -This major subdivision is for 17 lots on 105.6 acres located on the south side of Main Rd. and the north side of New Suffolk Ave. in Cutchogue. The 37.47 acre 17th lot is proposed to be sold to the Town as a Town Park. SCTM# 1000-116-1-3. (change tape) Is the applicant here or agent for the applicant, who would like to address the Board on any issue? If not, what's the pleasure of the Board? Mr. Latham: I'll offer this motion, Mr. Chairman. Be it resolved that the Southold Town Planning Board deem the revised February 1996 Draft Environmental mpact Statement incomplete with respect to its scope, content and adequacy fo r the purpose of commencing public review. Mr. Edwards: Second. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Cremers, Mr. Ward. Mr. Ward: Opposed? Motion carried. Being no further business on my agenda, is there anything else from the Board to bring up? If not, I guess a motion is in order to adjourn, unless there's somebody here that would like to address the Board in public session. We will be going into a work session immediately following this meeting. Mr. Edwards: 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 being no further business to come before the Board, the meeting adjourned at 8:00 p.m. Southold Town PlaKq~ Board 11 April 29, 1996 Mr. Ward: Let's open the meeting back up. Is there a motion to do that? Mr. Latham: I'll open it up. Mr. Ward: Al in favor? Ayes: Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Cremers, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. Principi, I see you're here. Would you like to address the Board as to what your proposals are here? [Mr. Principi addressed Board in regard to site by railroad,south of the old Southold Lumber Co., and prior Daval site, SCTM# 1000-83-34.6] Richard Principi: Have you been able to review what I sent over or faxed over to you. Mr. Ward: Yes, I have several faxes here. Mr, Principi: OK, Mr. Ward: We have one or two questions that maybe we could ask up front. One would be that in one of your memos of April 24, you mention that you have been allocated the facility in Southold, 4 acres located on the south side of the old Southold Lumber Company. Mr. Principi: I believe that's the most accurate description. Mr. Ward: You said this was with the Long Island Railroad? Mr. Principi: The MTA, yes. Freight Department. Amtrak usage agreement and I also have a land usage agreement with them. Mr. Ward: So, you're going to get us copies of those agreements? Mr. Principi: rm waiting for them to finalize everything. Mr. Ward: We need a copy of that and the other item was that the operation that you envision would also require a Town Board approval for a crushing operation of that type. Mr. Principi: rm well aware of that. What rve done is, depending on the feedback I was going to receive this evening is how I was going to address moving forward with the Town Board. My question to theBoard is what am I allowed to do on that site and Southold Town Plar~ /~ Board 12 April 29, 1996 that particular zone, now that you know a little bit about my self and my family and my business, what am I able to do there? Am I able to get a waiver to a site plan, I'm just thinking out loud. Mr. Ward: Well, as we discussed when you were ~n last, to the extent of the site development that you're looking at, we would have to see a site plan. I think Mr. Kassner had given you all the elements of a site plan. Did he give you the package and everything that would be necessary. Mr. Principi: Yes. Mr. Ward: So, it would require a site plan, it would require showing on the site plan what your intent is, things that we discussed previously. So, do you have any questions on that? Mr. Principi: Yes, basically this is the site plan that I had prepared for the meeting two weeks ago, in reference to what I envisioned I could do on the site, not knowing there was going to be any difficulty. What I wanted to be able to do is, as I mentioned earlier, is being able to utilize the property, create an earth berm all the way around and be able to set up the screener for now, if that's a permissible use, and do some stockpiling. Then graduate into being able to get a recycling permit from the Town Board and set up a state of the art crushing facility and recycling plant. Mr. Ward: Is there any other place on the east end where you have this operation that we could check into? Mr. Principi: Absolutely, right in Bridgehampton. rm in an old mined out quarry, a sand pit, but I have the same operation as this right on the rail head in Bridgehampton, right in the middle of town. Mr. Ward: How about Southampton, are you doing anything there? Mr. Principi: No, Bridgehampton is part of Southampton Town, right near the train station. So, what rd like to be able to do is, so rm able to at least utilize the window of opportunity, I've got everything in motion, what would I be able to do? Am I able to stockpile and be able to put a portable screening plant in there and off site material only until I go for the proper site plan? Mr. Ward: You can't do anything on this site until, number one, you had a special permit from the Town Board that would allow for that, and then, it's done simultaneously, with filing with them you could file your intended site plan with us. Southold Town Pla~ Board 13 ~ ,April 29, 1996 Mr. Principi: In essence to filing a site plan, can I do it in two or three phases, or do you want to see the full site plan? rm not really able to maximize the site at this time. All I want to do is create the earth berm and be able to grade the site and set up my plants. Mr. Ward: You'd have to get into some very specifics in terms of what kind of materials you're going to bring in, what are you going to... Mr. Principi: Topsoil, sand, loam, clay, off site material, all earth made material. And then the material that's going to be arriving is clean rock and dirt. Mr. Ward: You were talking to us that you were bringing materials in from back west, the city or that, by railroad, you'd have to off-load it to Southold station. What kind of equipment will you be putting there? Mr. Principi: Just a front end loader and a small conveyor. And a small ground storage enough for a couple of trucks surge pile and be able to move the material out. The site will be cleaned up, rm going to do what l did in Bridgehampton, remove all the debris and all the illegally dumped material, grade it off, possibly if... Mr. Ward: Is there some way you can give us the directions, we can go down and see the operation in Bridgehampton? Mr. Principi: My pleasure, sure. Mr. Ward: It might tell us more about what you're doing than this meeting. Mr. Principi: Absolutely, rll give you directions to the office and you can hear the plant run and everything else. What we would be doing is taking exempt material from New York, no C & D, no construction debris, no garbage, it's tunnel material, it's clean rock and dirt. We screen out the dirt which is primarily what the city is (inaudible) and we crush the rock. Mr. Ward: Will there be any structures built on the railroad? Mr. Principi: No. Mr. Ward: So the only thing you're going to have there is equipment. Mr. Principi: A caboose which will act as an office and a scale house, eventually. Right now I have the office...if everything works out rll be able to at least use part of this building as part of my plan to be able to at least get the thing in motion so I don't Southold Town Pla~ Board 14 April 29, 1996 lose the spring and summer. My question to you in reference to the site plan, is there an amenctment or do I have to go through SEQRA, if rm not building any buildings? If I need it just to grade the site. Basically as an extension of...I don't want to oversimplify it, I'm not trying to play anybody to be a fool... Mr. Ward: If you were to get a permit from the Town Board to do what you're asking to do, you would still have to go through the site plan process, which would be, yes, SEQRA, everybody would be involved. Mr. Principi: There are no exemptions, I mean as far as no buildings to be constructed, do you still have to go through SEQRA? Mr. Ward: Your intent here is to do a lot of mining. Mr. Principi: Well I know that's an issue...hopefully I going to request to see if I can get a modified or conditional, I not going to go below grade, just going to keep all the topsoil on site, keep all the clay on site and just remove the sand and put everything on grade. Basically that all would be a deficit because rm bringing offsite material in. So, everything will be on grade when rm all through. Mr. Ward: With this project, nor did we for Grim next door, there's been no waiver of site plan for this type of operation. Mr. Principi: OK. Question. In reference to, as rm going for that, what can I do on the property now? I can't conduct business without topsoil, can I remove the topsoil and create my berms? Mr. Ward: I would suggest you don't do anything until you have approvals otherwise you're up against fines. Mr. Principi: Nothing can be done on the site? Mr. Ward: No. Mr. Prindpi: OK. One last question. Did everybody review the final...I picked the folder up and I did some research on my neighbors and also on this particular Daval site. Did everybody review the site in reference to all.., when they signed off for the slopes and all the conditions of the CO, as conditions on the final site plan? Mr. Ward: At this point, I don't know. Mr. Principi: Because my question to you is, I mean the slope that was requested and Southold Town Pla ~r~ Board 15 ~-.~j April 29, 1996 was kind of put in front for them to get the final sign off on from the Planning Board, was it a 3 on 1 slope on the outside perimeters? It's not nearly that, it's a 2 on I at the best. It's 45. Can I reclaim it to the condition of the original site plan? Mr. Ward: No, because if that's what it was, that's what it was approved at. Mr. Principi: You mean it says something in the final conditions, the curbing and things like that, and the drainage, and then they were signed off?. Mr. Ward: We may not have signed off on the site plan end of it, but if he got his building permit... Mr. Principi: And CO. Mr. Ward: If he got his CO then that's what he was after, so I don't know that he ever finished the site plan. Mr. Principi: Oh, so that's no contingency on getting his finalized paper? Mr. Ward: It should be but in this case it didn't happen. Mr. Principi: So that can't be amended or corrected to that grade 3 on i slope? Mr. Ward: No. Mr. Principi: Nothing can be done on the site? Mr. Ward: Nothing right now, no. You'd have to have an amended site plan. Mr. Principi: OK, and again, what do you need for an amended site plan? Can you just repeat what you needed, I mean you need a full set of drawings? Mr. Ward: I think Bob gave you what's necessary for site plan. Your first step though, which we can do parallel is you're going to have to go to the Town Board to get a use permit. And we would certainly work parallel with that permit in processing a site plan application. You're in the process here. Fortunately you're not back west where it takes two or three years. Mr. Principi: So, I can't even use the site to bring off light material and screen on the site, right now? Mr. Ward: No, not without the Town Board permit. Southold Town Pla[---"~ Board 16 '~'~ April 29, 1996 Mr. Principi: Because Bob brought it to my attention, if you asked what I wanted to have done, I mean you could possibly not change your use, so maybe that's what he said, it was a change of use for the building and the site. That can't be done either? You can't amend the use that's in here right now as far as storage and office? Mr. Ward: Well if you're going to use the building for storage and office, that's an allowable use. Mr. Principi: Right. And in reference to storing building materials, that's unaccepted? That's an allowable use too. Mr. Ward: Are you going to do that inside? Mr. Principi: I wanted to do it on the outside. Mr. Ward: Once you enter that, ifs going to force you into site plan. In other words, if you were in a book business and wanted to have an office there and store books ~n the building, irs an allowable use because you're not doing anything else to the site. But you're talking a major change to the site. You're talking a totally different use that's going to require a Town Board permit to allow for it so you're going to have to get in the process if you want to proceed. Mr. Principi: So, in essence, ...I know two wrongs don't equal a right but the work that was done on the perimeter properties as far as removing the material...I mean stockpiling and doing all the site work, none of that material can ever leave without a mining permit? Mr. Ward: That's correct. Mr. Principi: So in other words, all the material generated from this site, if it's pushed up in a pile, it has to stay there or used on the site somewhere? Mr. Ward: Which material? Mr. Principi: There's a facility right next to me and there's a facility behind me, rm sure you're well aware of my neighbors. The material can't leave the site ... Mr. Ward: Well, Grim is in the process of a site plan. There's a number of properties in there that probably precede site plan in this town. Mr. Principi: Oh, I see. A lot of them pre-date this. Southold Town Pla~..~. Board 17 ~.~'f~' April 29, 1996 Mr. Ward: Some of those are pretty old parcels. Mr. Principi: Can you explain the process with the Town Board? Do I go in front of them just as rm... Mr. Ward: Yes, there's an application that you pick up and fill out, there'll be a part on what you plan to do and the equipment you plan to put on site. Mr. Principi: And that works in parallel with you, it's not going to hold up... Mr. Latham: I have a question. Pertaining to the use of the old Southold Lumber Co., do you say in this letter you have a four acre site? You're going to be using four acres of that land? Mr. Principi: Approximately it's about 4.6 acres. Mr. Latham: With the buildings and everything? Mr. Principi: No sir, the buildings are on Southold Lumber. It's actually from the concrete retaining wall south, I believe it's south. Mr. Latham: South? Mr. Principi: Yes. Mr. Latham: And you're not going to be doing crushing down there, just transferring stuff? Mr. Principi: Well, I mean, you're the lead agency, I don't want to ruffle anybodies feathers. They were cooperative with me in Bridgehampton. They let me put my plant up, my screening plant, my crushing plant. It's all portable. I have a site there that I own and I lease part of the site. That's where my plant is currently set. Mr. Latham: My question is are you going to do anything at this site... Mr. Principi: Unload and reload. Mr. Latham: Not crushing... Mr. Principi: No sir. Well, there will be a small under the car conveyor and some stock piles and a front end loader. It will be kept nice and neat. Mr. Latham: And you're going to possibly use it to (inaudible) permanently as an office Southold Town Pla( '~Z Board 18 / ~' April 29, 1996 there? Mr. Principi: Yes, rm entertaining the idea. Just put it on a panel of track and set it there as an office there and a scale house, if that's acceptable. I really don't need that right now, it's not my immediate...more importantly I want to just get everything approved and in motion. Mr. Ward: Thanks for coming in. There being no further business, is there a motion to adjourn. Mr. Edwards: So moved. Mr. Latham: Second. Mr. Ward: All in favor? Ayes: Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Cremers, Mr. Ward Mr. Ward: Opposed? Motion carried. There being no further business to come before the Board, the meeting adjourned at 8:15 p.m. Richard G. Ward, Chairman Respectfully submitted, Martha A. Jones Secretary ~,~,~,~.~,~.V~.O AND FILED BY THE $OUTi~iOLD TOWN CLERK DAT ~OUR // Town Clerk, Tow~ o~ Southold