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HomeMy WebLinkAboutPB-12/23/1996PLANNING BOARD MEMBERS RICHARD G. WARD Chairman GEORGE RITCYIIE LATHAM, JR. BENNETT ORLOWSK1, 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: PLANNING BOARD OFFICE TOWN OF SOUTHOLD MINUTES DECEMBER 25, 1996 Richard O. Ward., Chairman Bennett Orlowski, Jr. G. Ritchie Latham Kenneth Edwards Wil Iiam Cremers Valerie Scopaz, Town Planner Melissa Spiro, Planner Robert G. Kassner, Site Plan Reviewer Martha Jones, Secretary Mr. Ward: Good evening. 'd like to call the December 23, 1996 meeting of the Planning Board of Southold Town to Order. The first order of business is the setting of the next Planning Board meeting. Board to set Monday, January'13, 1997 at 7:30 p.m. at the Southold Town Hall, Main Road, 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, Mn Latham, Mr. Edwards, Mr. Cremers, Mr. Ward. Mr. Ward: Opposed? Motion carried PUBLIC HEARINGS Mr. Ward: Stanley and Marta Wiepzynski - This lot line change between Southold Town Planning Board 2 December 23, 1996 Stanley and Marta Wiepzynski and Herodotus Damianos is to subtract 332 square feet from a 151,480 square foot parcel and 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 Is the applicant or agent for the applicant here that would like to address the Board? Richard Lark: Main Rd., Cutchogue, NY, representing the applicants here. If the Board [~as any questions I'll be glad to answer them. The application is pretty self explanatory. When Jennings Rd. was put in there was a little error committed and they took too much land from the Lapinski's and in an effort to square the thing away, Mr. Damianos has agreed to purchase it (inaudible) so that when houses are ultimately built there that grade can be made right. From it's ~nspection it's rather steep now, there's not a one on three there, so enough land was compiled with Van Tuyl so that a one on three could be done and it's all on Damianos' property which is really the only property to be developed in that area. So that's about the extent of it. We're just trying to straighten out an error that was committed by the contractor inadvertently. Mr. Ward: Anyone else like to address the Board on this issue? Ann Ruback: 83-37 257 St., Melrose, NY 11426. We got a letter, certified, about the action that this gentlemen just described and I don't see her name on any maps or anything and I don't know why I got the letter. I have the deed for the property that we have and I don't know in conjunction as to where this piece ~s involved. Ms. Spiro: The maps are outside. I also have a map here if you want to take a look at it. Unknown: We looked at it. It's not that easy to understand. Ms. Spiro: Yes, it's a difficult map. This is a very simple lot line change, and unfortunately Mr. Damianos' property is 54 acres and it runs all the way from Jennings Rd. down to County Rd. 48. So there were a lot of people who live adjacent to that parcel, and the way the code is written we have to notify all those people that we're having a public hearing, even if their property is not near where the actual lot line change is. Ms Ruback: Oh, so I may not be near it. Ms. Spiro: No, you're probably not near it. Mr. Damianos' property is 54 Southold Town Planning Board December 2:5, 1996 acres so there were a lot of people. I've had a lot of people calling and so, unless your name is Koch, you're not anywhere near it. So don't worry about it. Ms. Ruback: Wonderful. Thank you. Unknown: It's not this p~ece of property? Ms. Ruback: No, it's not near us. Ms. Spiro: Right, this is right by Jennings Rd., by the end of Jennings Rd. Ms. Ruback: This is confusing. My attorney's assistant said better go down and see what's going on Mr. Ward: Well, thanks for coming. Anyone else like to address the Board on this matter? If noT, all is in order to close the hearing. Is there a motion? Mr. Orlowski: 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? Mr. Ortowski: Mr. Chairman, 'd like to make a motion. WHEREAS, Stanley and Matra Wiepzynski are the owners of the property known and designated as SCTM# 1000-54-6-t and Herodotus Damianos is the owner of the property known and designated as SCTM# 1000-59-3-28.3, located off Jennings Road in Southold; and WHEREAS, this proposed lot line change is to subtract 332 sq. ft. from a 151,480 sq. ft. parcel and to add it to a 54.4 acre 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 November 25, 1996; and WHEREAS, a final public hearing was closed on said subdivision application at Southold Town Planning Board 4 December 25, 1996 the Town Hall, Southold, New York on December 23, 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, 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 grant conditional final approval on the surveys dated November 9, 1996, and authorize the Chairman to endorse the final surveys subject to fulfillment of the follow~ng condition. The condition must be met within six (6) months of the date of this resolution: 1. The filing of new deeds pertaining to the merger of the 332 sq. ft. with the 54.4 acre parcel A copy of the recorded deeds must be submitted to the Planning Board prior to the endorsement of the final map. 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 carded. Just another note, if in the future you do get another notice of something happening, you can always call the Planning Board office and that might save you a trip, if that happens. Mr. Ward: Eva Halla - This lot line change between Eva Halla and the Birch Hills Property Owner's Association is to subtract 5,000 square feet from the Birch Hills property and to add it to the Eva Halla property. SCTM# 1000-83- I-I. Is the applicant here or agent for the applicant that would like to address the Board? Richard Lark: Main Rd., Cutchogue, NY, for the applicant. Again, this application is fairly self evident. It's been around now before the Board for a number of months. But as you can see the reason for it is the erosion on the bluff took away the original property of Lot #I and as shown on the surveyor map now, reduces it to a square footage of 14,000 square feet and the applicant already has a variance to build not closer than 65 feet from the Southold Town Planning Board 5 December 25, 1996 bluff and it put it right up on the road, so the Association decided to deed the property to Mrs. Halla to add to her property. It would be merged into Lot #1, that 5,000 square foot parcel which is 50 foot by 100 feet. And the reason for the Association is severalfold. That piece of property, although partially paved when the developer got approval for the map in 1965, has fallen into complete disrepair. It's all overgrown and the Association decided - which is a private road - not to maintain it, and it became pretty much of a nuisance. So the neighbors decided the best thing to do would be to transfer it to Mrs Halla so she could incorporate it into her lot and be cleared up. So the Association decided to abandon that particular piece and to transfer it. I pointed out to them that for Mrs. Halla to have a legal lot then, that they would have to have approval from the Planning Board, so that when the merger deed was approved by the Planning Board, she would have a legal lot, which she has now except due to erosion and the forces of nature, it's fairly well unbuildable. So, this would straighten out the situation immensely for her. So that's the reason for the application, so that it would continue to legalize her lot as a building lot. Mr. Ward: Anybody else here that would like to address the Board on this particular application? Pat Moore: Law office in Mattituck. I was contacted by the property owners to the west, John and Steven Abbott. On the tax map it's lot (inaudible) and lot 33. Ms Spiro: I don't have a tax map. Ms. Moore: Well, it's adjacent to this piece and to the west, so it dead ends directly on my client's property. The main concern that they expressed - they received notice Thursday - so they wanted to be here but unfortunately with the holidays and short notice they called me today and asked me to review the file. I have rewewed the file and the one question that comes up in my mind is that there is a mapped out road and this road has been subject to the rights of others, including Demereski, the Abbot's predecessor in title, in fact to the extent that his use of this roadway caused some problems to the Association. And I just found out from Mr. Lark in trying to discuss it prior to this meeting that even the Abbots have had problems with the Association in continuing to use this roadway. Southold Town Planning Board 6 December 23, 1996 Nonetheless, the rights of others with respect to this roadway may be an issue only for a court to decide, since any easement rights, any descriptive easements that were developed over time would most likely end up in a court decision. Aside from that, the Abbots feel that it is crucial for them to continue the utility easement that has run along this roadway. I point out that in the covenant and restrictions that are in your file, Iiber 8830 page 08, in the photocopy that's what it appears to be, the covenant number 7 speaks of the road and it does address all owners are hereby granted the right to use this right in common with others, at their own risk and so on anc~ so forth. So the C&R's when they were prepared realized that when you're creating a roadway, you don't know many people may have earned any rights over it. Clearly, the Association has a right but there may be others. Also, covenant number 9 expressly states that an easement runs along the roads of this map over and any other areas necessary is hereby expressly reserved for the erection and maintenance of poles, wires, conduits, and it goes on from there. The utilities will most likely, practically speaking will run from this roadway or from wherever the end of the utility, LILCO and telephone lines run, on Birch Lane or Glenn Court, to my client's property on the soundfront. They do have a right of way going to Oregon Rd. but it is about 1000 feet in length. Utility companies will use the shortest distance for purposes of connection and based on my very short conversation with Mr. Lark and the possibility that this Association will not be cooperative, we ask that you, when you grant this, place a condition on your approval that will maintain continue the utility easements that my clients would enjoy if this road were not being extinguished by this Board. That is probably the most crucial point. The access certainly is something that, I understand from Mr. Lark, there were even offers from my client to pay for clear access over these roads, but this is the first time I've heard of it, so it's clear to me that there probably will never be any cooperation so by all means your approval should I~e conditioned on maintaining certain rights that my client has earned. Mr. Lark: If I might respond, fortunately or unfortunately I won't speak now as the applicant's lawyer but someone on behalf of the application. I live within 100 feet of this property. I've lived within 100 feet of this property since 1968. I happen to be intimately familiar with the right of way and the covenants and restrictions and the amendment which transferred all the Southold Town Planning Board 7 December 2:5, '1996 rights under the covenants and restrictions to the Association. The Association at a meeting last year voted unanimously by approval of all its members to transfer this property to Mrs. Halla, as I pointed out to you subject to approval of the Planning Board. Now, if the Planning Board wil check it's files, a number of years ago when Domaleski, in his infinite wisdom, who was the adjoining farm owner to the west, decided to subdivide the sound frontage of their property, they subdivided into four large lots. They tried with the original application to get a right of way over Birch Lane and Glen Court for access. Why? Money. It's right there. Unfortunately, there's a geographic problem there. The Domaleski's property is probably some 20 feet higher than this property, so there is a cut and fill problem there. The point of it is, the Association.. and the Planning Board was aware of that and requested whether or not they would grant a right of way to the Domaleski piece for the subdivision. That was turned down, even though they offered a tremendous amount of money 13ecause they didn't want any more traffic up there. That's why these two subdivisions - the Vista Court to the east is separated by a block off so you can't join there because they're all dead end streets up there. So, the Domaleskis went ahead, or whoever bought it, and subdivided their property, although they never developed, and you got approval of what n effect would be I think a similar situation that you're suffering with the Bok~na problem. One of those ong farm roads for access to it, and the Planning Board went along with it. So that was clear. Also at the time, the subject of the utilities came up The utilities do not come in that way. The utilities come in of Pof Vista Court which is a public road and come around and make a loop on Birch Lane. They do not go to this property The nearest pole is approximately 120 feet or so closest to it. So, what they worked out with LILCO to get approval of the subdivision, I don't know, that's LILCO's problem. But I know there's no utility easement over Glen Court. There is over Birch Lane. So, I just wanteP to point that out to you. And it's a nice try, but this has been going on for some time and to religiously follow their privacy of the roads like in Rockefeller Center periodically, like every third year, they close off the road and publish the notice. I don't know what good that does, but they do it. It makes them feel good up there. So, I just wanted to tell you, this is strictly a private road. This issue has been discussed before and the Southold Town Planning BoarC 8 December 25, 1996 Planning Board I know has been there, and you do have the topographical access problem as well as none of the neighbors which would need to approve it, have approved it. Pat Moore: Typical woman, has to get the last word. Just with respect to where the utility poles end, we don't know that when your client sells this property to whoever, or she chooses to build a house there, that LILCO won't decide to put a pole right in front of the end of the road or wherever they feel is appropriate to continue the lines safely. Wherever that may end, it's clear from the C&R's whether they actually granted a written easement to LILCO or not, the C&R's clearly say that it's subject to utilities being placed on the road beds. And the fact that this road is being extinguished through the Planning Board, I'm not sure that with a title company it will be extinguished as far as the title company ~s concerned, because it will continue to show as formally a road mapped on this subdivision. So, utility companies, whoever, may continue to recognize this easement. We just. want to be sure that when the approval is granted that we protect it. Dick Lark: And the title company has approved the transfer subject to the Planning Board and will probably file a formal abandonment with the Suffolk County Clerk,-but there was no sense doing that since as you know the Planning Board has to grant approval of that. Mr Ward: Anyone else like to address the Board on this issue? If not, all is in order to close the hearing. Is there a motion tO so close? Mr. Edwards: I'll make a motion to close the hearing. 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 What we decided to do is hold this open until the January 13th meeting, for us to explore the possibilities that you're raising, and we'll take a look into it We thank you both for coming. Mr. Ward: Eva MUllins - This lot line change is to divide two lots which are Southoid Town Planning Board 9 December 25, 1996 31,250 square feet in area and 40,500 square feet in area, east and west, instead of north and south, resulting in 2 lots, 24,750 square feet in area and 47,000 square feet in area. The parcels are located on Pine Ave. and a private r-o-w in Southold. SCTM# 1000-77-3-5,6,7 & 15. Is the applicant, or agent for the applicant here that would ike to address the Board? Kevin McLaughlin: Windsway Professional Center, Southold This is a little bit unusual in that a of this property is owned by the same two people. We went to the Zoning Board and got a waiver of the merger of the two lots and now we're asking for a lot line change basically to divide these two parcels east and west instead of north and south. Basically the reason for this is that at sometime in the past a garage was built a survey was made and it was always intended that this garage was going to be on the same lot that the house was located Unfortunately, the survey was wrong and the house was built on the back portion, which was the other lot. So what we're asking basically is to divide the lots so that the house and the garage are on one lot with the intention of perhaps selling this lot off, because one of the applicants is very elderly and needs to be able to get some ~ncome in order to pay for her health care. If you have any questions, I'd be happy to answer them. Mr. Ward: Anyone else like to address the Board on this particular application? If not, all is ~n order to close the heanng. Mr. Edwards: I move to close the hearing. 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? Mr. Edwards: Mr. Chairman, I move that WHEREAS, Eva Mullins and Mary M. McDavid are the owners of the proper~y known and designated as SCTM# 1000-77-3-5, 6, 7 & 15, located on Pine Avenue and a private r-o-w in Southold; and WHEREAS, this proposed lot line change is to divide two lots which are 31,250 sq. ft. in area and 40,500 sq. ft. in area, east and west instead of north and south, resulting in 2 lots, 24,750 sq. ft. in area and 47,000 sq. ft. Southold Town Planning Board December 23, 1996 ir~ area; and WHEREAS, a Waiver of Merger was granted by the Zoning Board of Appeals on September 19, 1996; 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 November 25, 1996; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on December 23, 1996; and WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has received affidavits that the applicant nas complied with the notification provisions; and WHEREAS, 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 grant conditional final approval on the surveys dated November 30, 1996, and authorize the Chairman to endorse the final surveys subject to fulfillment of the following condition The condition must be met within six (6) months of the date of this resolution: 1. The filing of new deeds pertaining to the revised lot lines. Mr. Cremers: Second. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. Orlowski, Mr. Latham, Mr1 Edwards, Mr. Cremers, Mr. Ward. Mr. Ward: Opposed? Motion carried Mr. Ward: Osprey Dominion Vineyard & Winery - This site plan is for a 3,253 square foot storage addition to an existing winery building in Peconic SCTM# 1000-75-1-20. Is the applicant or agent for the applicant here that would like to address the Board? If not, is there anyone here that would like to address the Board on this application? All is in order then to close the hearing. Is there a motion? Southold Town Planning Board Mr. Cremers: So moved Mr. Edwards: Second. 11 December 25, 1996 Mr. Ward: Motion made 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? Mr. Cremers: Mr. Chairman, I offer the following resolution. WHEREAS, Frederick W. Koehler, Jr., is the owner of the property known and designated as SCTM#I000-75-1-20, located on the Main Road in Peconic, and; WHEREAS, a formal application for the aporoval of this site plan was submitted on October I, 1996, and; WHEREAS, this site plan, to be known as site plan for Osprey Dominion Vineyard & Winery is for a 3,253 square foot addition to an existing winery building; and WHEREAS, a final public hearing was closed on said site plan application at Town Hall, Southold, New York on December 23, t996; and WHEREAS, this site plan was certified by Thomas Fisher, Senior Building Inspector, on November 25, 1996; and WHEREAS, 3 (three) 6-10 foot white pines shal be placed on both corners of the new building extension; and WHEREAS, all the requirements of the Site Plan Regulations of the Town of Southold have been met; be it therefore RESOLVED, that the Southold Town Planning Board grant final approval on the surveys dated October 21, 1996 and OctoDer 31, 1996 and authorize the Chairman to endorse the final surveys subject to a one year review from the date of the building permit. Mr. Edwards: Second.the motion. Mr. Ward: Motion seconded. All in favor? Southold Town Planning Board 12 December 2:5, 1996 Ayes: Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr, Cremers, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. Ward: A,qricultural Equipment Repair Shop - This proposed site plan is for a 5,000 square foot agricultural equipment repair building, located on Rt. 25 in Mattituck. SCTM# 1000-113-12-10.4. Is the applicant here that would like to address the Board? All in order then to close the hearing. Is there a motion? Mr. Latham: So moved. Mr. Edwards: 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? Mr. Latham: Mr. Chairman, I'll offer this. WHEREAS, Thomas Talbot is the owner of the property known and designated as Agricultural Equipment Building, located at County Route 48, Mattituck, SCTM#1000-113-I 2- I 0.4; and WHEREAS, a formal application for the approval of this site plan was submitted on July 2, 1996; and WHEREAS, this site plan for Thomas Talbot is for a 5,000 square foot Agricultural Equipment Repair Shop; 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 26, 1996; and WHEREAS. this site plan was certified by Thomas Fisher, Senior Building Inspector, on December 23, 1996; and WHEREAS, all the requirements of the Site Plan Regulations of the Town of Southold have been met; be it therefore Southold Town Planning Board 13 December 23, 1996 RESOLVED that the Southola Town Planning Board grant final approval on the surveys dated August I, 1996, and authorize the Chairman to endorse the final surveys subject to a one year review from date of building permit. 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. Mr. Ward: San Simeon by the Souna - This proposed site plan is for the construction of a 13,650 square foot parking lot. SCTM# I000-45-2-p/o 10.3. Is the applicant here or agent that would like to address the Board? All is in order to close the hearing. Is there a motion? Mr. Cremers: So moved. Mr. Edwards: Second. Mr. Ward: Moved and seconded. All in ~avor? Ayes: Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Cremers, Mr. Ward. Mr. Ward: Opposed? Motion carried. What's the pleasure of the Board? Mr. Cremers: '11 offer the following resolution. WHEREAS, San Simeon by the SOund, Inc, is the owner of the property known and designated as San Simeon by the Sound, Inc., located at 61700 Rt. 48 in Oreenport, SCTM# I000-45~2-p/o,10.3; and WHEREAS, a forma application for the approval of this site plan was submitted on May 17, 1996; and WHEREAS, the Southold Town Planning Board, acting under the State Environmental Quality Review Act, (Article 8), Part 617, declared itself lead agency and issued a Negative Declaration on July 8, 1996; and WHEREAS, this site plan was certified by Thomas Fisher, Senior Building Inspector, on December 23, 1996; and Sour:hold Town Planning Board 14 December 23, 1996 WHEREAS, al the requirements of the Site Plan Regulations of the Town of Southold have ~een met; be it therefore RESOLVED, that the Southold Town Planning Board approve and authorize the Chairman to endorse the final surveys dated May 30, 1996. Mr. Latham: Second. Mr. Ward: Motion seconded. Al in favor? Ayes: Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Cremers, Mr. Ward. Mr. Ward: Opposed? Motion carried. MAJOR AND MINOR SUBDIVISIONS. LOT LINE CHANGES AND SET OFF APPLICATIONS Final Extensions: Mr. Ward: North Fork Industrial Park (a.k.a. Tide Group) - This major subdivision is for 8 lots on 29.11 acres located on the northeast corner of Middle Rd. and Depot Lane in the LIO district in Cutchogue. SCTM# 1000- 96-I-1. What's the pleasure of the Board? rVlr. Edwards: Mr. Chairman, I move that the Southold Town Planning Board grant a ninety (90) day extension of conditional final approval. Conditional final approval was granted on March 18, 1996. The 90-day extension will expire on March 18, 1997 unless all conditions of approval have been fulfil ed. Mr. Cremers: Second. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. Orlowsl(i, Mr. Latham, Mr. Edwards, Mr. Cremers, Mr. Ward. Mr Ward: Opposed? Motion carried. Setting of Final Hearings: Southold Town Planning Board 15 December 23, 1996 Mr. Ward: Estate of Andrew Cassidy - Section ~ - This major subdivision is for 3 lots on 58 acres. Lot #I ~s a non-buildable wetland area of 23.24 acres; Lot #2 is a 32.98 acre area on which the development rights have been sold and lot #3 is an 80,000 square foot residential lot. The parcel is located on the south side of Albertson's Lane in Greenport. Section 1 is for 2 lots; a 23.24 acre non-buildable wetland lot and a 34.8238 acre lot of which the development rights have ~)een sold on 32.98 acres. SCTM# 1000-52-5-59.6. What's the pleasure of the Board? Mr. Cremers: Mr. Chairman, I'll offer the following resolution. Be it resolved that the Southold Town Planning Board set Monday, January '13, 1997 at 7:30 p.m. for a final public hearing on the maps dated December 12, 1996. Mr. Orlowski: Second. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Cremers, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. Ward: Arthur Foster - This proposed major subdivision is for 2 lots on 4.6572 acres Iocatect on Cox Neck Rd. in Mattituck. SCTM# 1000-113-7- 19/14 What's the pleasure of the Board? Mr. Edwards: Mr. Chairman, I move that the Southold Town Planning Board set Monday, January 13, 1997 at 7:35 p.m for a final public hearing on the maps dated October 31, 1996. 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. Sketch Determinations: Southold Town Planning Board 16 December 2:5, 1996 Mr. Ward: Parker Dicl(erson - This proposal is to set off a 1,844 acre parcel from an existing 20.997 acre parcel located on the east side of Young's Ave. n Southold. SCTM# 1000-55-2-9.5 & 9.4. What's the pleasure of the Board? Mr. Cremers: Mr. Chairman, I'll offer the following resolution, WHEI~EAS, the development rights on Lot 2 have been sold to the Town; and WHEREAS, the owners of the subject parcel wish to set-off the 1.844 acre parcel on which the development rights remain; be it therefore RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality t~eview Act, do an uncoordinated review of this unlisted action. The Planning Board establishes itself as Lead Agency, and as Lead Agency makes a determinatio~ of non-significance and grants a Negative Declaration. Mr, Latham: Second. Mr. Ward: Motion seconded. Al in favor? Ayes: Mr. Orlowstd, Mr. Latham, Mr. Edwards, Mr. Cremers, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. Cremers: Be it further RESOLVED that the Southold Town Planning Board grant sketch approval on the map dated September '17, 1992, with the following conditions: I. Lot numbers are to be shown for each lot 2. It is to be noted on the map that the development rights on Lot 2 have been sold to the Town. Mr, Latham: Second. Mr Ward: Motion seconded. All in favor? Ayes: Mr. Orlowsl(i, Mr. Latham, Mr. Edwards, Mr. Cremers, Mr. Ward. Mr, Ward: Opposed? Motion carried. Southold Town Planning Board 17 December 25, 1996 Mr. Ward: Elsie Parkin - This prcl~osal is to set off a 27,387 square foot parcel from an existing 64,911 square foot parcel located on Skunk La ne in Cutchogue. SCTM# 1000-104-4-27. What's the pleasure of the Board? Mr. Latham: Mr. Chairman, I'll offer this. Be it RESOLVED that the Southold Town Planning Board start the lead agency coordination process on this unlisted action. 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. Mr. Latham: There's a further motion. WHEREAS, the Zoning Board of Appeals granted a variance subject to certain conditions on May I, 1990 (Appl. No 3925); and WHEREAS, condition Number I of the ZBA approva (that both houses contain a valid Certificate of Occupancy) is in effect, but it is not necessary that th~s condition be met prior to any subdivision approval; Be it therefore RESOLVED that the Southold Town Planning Board grant sketch approval on the map dateC December 5, 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. Sketch Extensions: Ann Marie Nelson - This minor subdivision is for 4 lots on 12.1 acres located on the west side of Ninth Street in Greenport. SCTM# 1000- 45-6-9. What's the pleasure of the Board? Southold Town Planning Board 18 December 25, 1996 Mr. Edward: I move that the Southold Town Planning Board grant a six month extension of sketch approval from December 11, 1996 to June 11. 1997. Mr Cremers: Second. Mr. Ward: Motion seconded. Al in favor? Ayes: Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Cremers, Mr. Ward. Mr. Ward: Opposed? Motion carried. MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES. SET OFF APPLICATIONS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Draft Environmental Impact Status: 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-I-3. What's the pleasure of the Board? Mr. Orlowski: Mr. Chairman, WHEREAS, on May 1, 1995, the Southold Town Planning Board, as lead agency under the State Environmental Quality Review Act, issued a Positive Declaration on the ndian Shores proposed 17 lot subdivision which includes: a) thirteen residential Jots ranging in size from 80,300 sq. ft. to 166,400 sq. ft.; b) two agricultural lots, one 18.84 acres and the other 11.96 acres; c) an equestrian related lot of 5.67 acres; and d) a 37.47 acre parcel proposed to be purchased by the Town of Southold as a cultural resources park; and WHEREAS, the Planning Board held a scoping session on the proposal on April 19, 1995; anc~ Southold Town Planning Board 19 December 2:5, 1996 WHEREAS, the applicant submitted a Draft Environmental Impact Statement on September 8, 1995; and WHEREAS, the Planning Board deemed the DEIS incomplete with respect to its scope, content and adequacy for the purpose of commencing public rewew on October 23, 1995; and WHEREAS, since the time of the original DEIS submission, the DEIS has been revised and re-submitted several times but each time has been deemed incomplete with respect to scope, content and adequacy by the Planning Board; and WHEREAS, the latest revision was submitted in two parts, the archaeological portion of the DEIS was submitted on November 22, 1996, and the revised DEIS was submitted on December 10, 1996; and WHEREAS, the latest submission was reviewed by the Planning Board and the Planning Board's Environmental Consultant; and WHEREAS, the Environmental Consultant's report dated December 20, 1996, lists a few minor errors which must be corrected prior to circulation of the DEIS; and WHEREAS, the applicant has made certain revisions requested by the Planning Board (on pages 124 and 125 of earlier documents), but has stated that he reserves the right to reintroduce the origina statements; and WHEREAS, as noted in the Environmental Consultant's report dated December 20, 1996, any changes to the Expanded Fort Corchaug Alternative (Section VI.D of December 1996 DEIS; pages 124-126) must be consistent with the previous revisions, unless further documentation and support of the applicant's position ~s provided for review and prior approval; and WHEREAS, neither the Planning Board nor the Planning Board's Environmental Consultant necessarily agree with or support all of the information contained in the DEIS; and WHEREAS, additional analysis of the project will be oonducted during the DEIS review period and the Final ElS process; ~}e it therefore RESOLVED that the Southold Town Planning Board accept the Draft Environmental Impact Statement dated December 1996, the Phase I B Archaeological Survey revisions dated November 1996, and the Appendices, as complete with respect to scope and content for the purpose of commencing public review. The Planning Board will initiate a thirty (30) day public comment period and will schedule a public hearing on the DEIS upon receipt of. eighteen complete copies of the revised DEIS and Appendices Southold Town Planning Board 2O December 25, 1996 The appropriate pages of the DEIS must be revised to reflect the minor comments contained in the Environmental Consultant's December 20, 1996 report. The Appendices must be up to date in terms of revisions and amendments, particularly with regard to the Stage lB Archaeologica Survey, the NYSDEC Joint Application and the NYSDEC Freshwater Wetlands Determination 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. Mr. Ward: There's no further business on our agenda. Is there anyone here that would like to address the Board? If not, all is in order for a motion to adjourn. Mr. Orlowski: So moved. Mr. Edwards: Second. Mr. Ward: All in favor? Ayes: Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Cremers, Mr. Ward. Mr, Ward: Opposed? Motion carried. Have a Merry Christmas, Happy New Year and great holiday season.. There being no further business to come before the Board, the meeting adjourned at 8:07 p.m. Richard G. Ward, Chairman Respectfully sublrrlit~'~ SOUTiC:'OLD TOWN ~.DAT~ Z/~ ~r w. Town Clerk, m~ ..... of ~ ...... Soutko!~ [