HomeMy WebLinkAboutPB-03/28/1994PLANNING BOARD MEMBERS
Richard G. Ward, Chairman
George Ritchie Latham, Jr.
Bennett Odowski, Jr.
Mark S. McDonald
Kenneth L. Edwards
Town Hall, 53095 Main Road
P. O. Box 1179
Southold, New York 11971
Fax (516) 765-3136
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MINUTES
March 28, 1994
Present were:
Richard G. Ward, Chairman
Mark McDonald
Bennett Orlowski, Jr.
G. Ritchie Latham
Kenneth Edwards
Valerie $copaz, Town Planner
Melissa Spiro, Planner
Martha Jones, Secretary
Absent:
Robert Kassner, Site Plan Reviewer
Mr. Ward: Good evening. I'd like to open the Planning Board
meeting for March 28, 1994. The first order of business is the
setting of the next Planning Board meeting. Board to set Monday,
April 18, 1994, at 7:30 P.M. at Southold Town Hall, Main Road,
Southold, as the time and place for the next regular Planning
Board meeting.
Mr. Orlowski: So moved.
Mr. Edwards: Second.
Mr. Ward: Motion moved and seconded. Ail in favor?
Ayes: Mr. McDonald, Mr. Orlowski, Mr. Edwards, Mr. Latham, Mr.
Ward.
Mr. Ward: Opposed? Motion carried.
PUBLIC HEARINGS
Mr. Ward: Thomas D. Duff, Jr., Elaine G. Duff and Peter P. Nitz~
- This lot line change is to subtract .41 of an acre from a 8.23
acre parcel and add it to a 1.02 acre parcel on Fishers Island.
Southold Town Planning Board 2 March 28, 1994
SCTM# 1000-2-2 & 3.2. Is there anybody here that would like to
address the Board on this lot line change? If not, are there any
comments from the Board?
Mr. McDonald: Mr. Chairman, I make a motion to close the
hearing.
Mr. Edwards: Second.
Mr. Ward: Motion seconded. Ail in favor?
Ayes: Mr. McDonald, Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr.
Ward.
Mr. Ward: Opposed? Motion carried.
Mr. McDonald: I'd like to make a further motion.
WHEREAS, Thomas D. Duff, Jr., Elaine G. Duff and Peter Nitze are
the owners of the property known and designated as SCTM#
1000-6-2-2 & 3.2, located at Crescent Ave. on Fishers Island; and
WHEREAS, this lot line change, to be known as proposed lot line
change for Thomas D. Duff, Jr., Elaine G. Duff and Peter Nitze is
for a lot line change to subtract .41 of an acre from a 8.23 acre
parcel and add it to a 1.02 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 7,
1994; and
WHEREAS, a final public hearing was closed on said subdivision
application at Town Hall, Southold, New York on March 28, 1994;
and
WHEREAS, all the requirements of the Subdivision Regulations of
the Town of Southotd have been met; and now therefore
BE IT RESOLVED, that the Southold Town Planning Board approve and
authorize the Chairman to endorse the final survey dated February
1, 1994.
Mr. Edwards: Second the motion.
Mr. Ward: Ail in favor?
Ayes: Mr. McDonald, Mr. Orlowski, Mr. Edwards, Mr.Latham, Mr.
Ward.
Mr. Ward: Opposed? Motion carried. (CHAIRMAN ENDORSED MAPS)
Hearings Held Over From Previous Meetings
Southold Town Planning Board 3 March 28, 1994
Mr. Ward: Hillcrest Estates - Section 2 - This major subdivision
is for 20 lots on 22.9 acres located in Orient. SCTM9
1000-13-2-8.5.
Harold Reese: Good evening Mr. Chairman. I hope you've had a
chance to review a letter that was delivered to you this morning
here from counsel, concerning just our progress certainly on this
particular project. I have to say that in the many years here
that our efforts as a family have been devoted to a project
better known as Cove Beach. As you, of course, are aware, this is
not a priority anymore. It's no longer our responsibility and
that now full effort, certainly on behalf of the Reese's, is now
devoted to Hillcrest Section 2. There's been some concern
certainly, about firewells on this project. I've been in touch
with the Orient Fire Commissioner, Mr. Rudy, who is supposed to
have faxed or delivered a letter reiterating our position of what
we plan to do if the firewells don't have the draw that is
necessary and we have to go to plan B, which they have approved
in installing 10,000 gallon tanks. This was done with our
contractor here, Casola Wells, and we're proceeding accordingly.
The Health Department issue, we were back up there today drilling
I believe, one of the last wells for testing. The weather for
the last three months has certainly been a factor, with snow,
ice, and of course today with mud. I have Paul Grosser here to
give you an update on just where we're at with the Health
Department. Frankly, we are just looking for more time. The
roads are in. The utilities are in. We have Young and Young at
this point addressing what open items might be there, as far as
the roads and any of the utilities, but maybe Mr. Grosser can
fill you in on just the time frame that we're going to need with
the Health Department. Mr. Grosser?
Paul Grosser: Thank you Harold.. Paul Grosser, President, P.W.
Grosser Consulting. We should have the last wells finished
probably within the next two days. They've got about 1-1/2 wells
to go yet. After that we'll be in contact with the Health
Department, they'll be ready to schedule the sampling after we
develop the wells. We're probably talking about a month before
we get the lab results back frOm the Health Department. Whatever
covenants may be necessary on lots that don't have adequate water
quality will have to be submitted to the Suffolk County
Attorney's Office and we expect that will probably take another
month. So we're talking a minimum of two more months before we
have a final write-off .from the Health Department.
We do have forty feet of water in the well, so we don't have to
go back to the Board of Review with the Health Department, so it
should be a normal approval situation. Any question?
Harold Reese: At this point, Mr. Chairman, we are just seeking
some more time to get this final approval and get back to you
with the Board of Health. We seek your indulgence in granting us
that extension.
Southold Town Planning Board 4 March 28, 1994
Mr. Ward: What is the time frame? Are you looking for the two
month time frame at this point?
Mr. Reese: Well, unless the Board comes up with any other
problems at this point, it's just the Health Department issue
that I'm aware of with these related covenants, that certainly,
yes, it would be from what Mr. Grosser says, approximately two
months to get the Health Department approval.
Mr. Ward: OK, because we did say at the last meeting we would
take some action tonight, trying to move this project.
Mr. Reese: I realize that. I believe we've shown pretty good
diligence here trying to get this thing moved inasmuch as the
other project is not our responsibility. Thank you.
Mr. Ward: OK. What's the pleasure of the Board?
Mr. McDonald: Mr. Chairman I make a motion to close the hearing.
Mr. Latham: Second.
Mr. Ward: Motion seconded. Ail in favor?
Ayes: Mr. McDonald, Mr. Latham, Mr. Edwards, Mr. Orlowski, Mr.
Ward.
Mr. Ward: Opposed? Motion carried.
Mr. McDonald: I'd like to make a further motion.
BE IT RESOLVED that the Planning Board start the lead agency
coordination, process on this unlisted action.
Mr. Ward: Is there a second?
Mr. Orlowski: Second.
Mr. Ward: Motion seconded. Ail in favor?
Ayes: Mr. McDonald, Mr. Latham, Mr. Edwards, Mr. Orlowski, Mr.
Ward.
Mr. Ward: Opposed? Motion carried. So tonight, then, we did
close the hearing, which will put us into a time frame of
approximately 60 days, a couple of months, so we expect you to
stay very diligent on this project and finish it up.
Mr. Reese: Thank you.
MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES AND SET OFF
APPLICATIONS
Southold Town Planning Board 5 March 28, 1994
Setting of Final Hearings:
Mr. Ward: Stephen and Donna Dzugas-Smith This proposal is to
set off a 0.73 acre parcel from an existing 29.042 acre parcel
located on the southwest corner of County Road 48 and Tucker Lane
in Southold. SCTM# 1000-59-10-6.1. What's the pleasure of the
Board?
Mr. Edwards: Mr. Chairman I'd like to entertain a motion that
the Southold Town Planning Board set Monday, April 18, 1994 at
7:30 P.M. for a final public hearing on the maps dated March 15,
1994.
Mr. McDonald: Second.
Mr. Ward: M~tion seconded. Ail in favor?
Ayes: Mr. McDonald, Mr. Edwards, Mr. Latham, Mr. Orlowski, Mr.
Ward.
Mr. Ward: Opposed? Motion carried.
Final Extensions:
Mr. Ward: North Fork Bank Corporation and Otto Uhl (a.k.a.
Harold Reese Sr., et al, and Otto Uhl, Jr., et al - This lot line
change between North Fork Bank Corporation and and Otto Uhl, Jr.
et al is to convey 10,093 square feet from North Fork Bank
Corporation et al to Otto Uhl, Jr. et al; and to convey 5,258
square feet from Otto Uhl, Jr., et al to North Fork Bank
Corporation After the lot line change the North Fork Bank
Corporation parcel will be 98.1563 acres and the Otto Uhl, Jr.,
et al parcel will be 12.4051 acres. SCTM# 1000-22-3-15.1, 18.1 &
18.3. What's the pleasure of the Board?
Mr. Edwards: Mr. Chairman, I move that the Southold Town
Planning Board grant a six (6) month retro-active extension of
conditional final approval. Conditional final approval was
granted on July 12, 1993. The extension will expire on July 12,
1994 unless all conditions of approval have been fulfilled.
Mr. Orlowski: Second.
Mr. Ward: Motion seconded. Ail in favor?
Ayes: Mr. McDonald, Mr. Latham, Mr. Edwards, Mr. Orlowski, Mr.
Ward.
Mr. Ward: Opposed? Motion carried.
Southold Town Planning Board 6 March 28, 1994
Preliminary Extensions:
Mr. Ward: Petrol Stations This major subdivision is for 4 lots
on 5.836 acres located on the north side of Main Road; 264 feet
west of Alvah's Lane in Cutchogue. SCTM# 1000-109-1-23.
Mr. Orlowski: I make a motion that be it resolved that the
Southold Town Planning Board grant a six (6) month extension of
preliminary approval from March 14, 1994 to September 14, 1994.
Conditional preliminary approval was granted on September 14,
1992.
Mr. Latham: Second.
Mr. Ward: Motion seconded. Ail in favor?
Ayes: Mr. McDonald, Mr. Edwards, Mr. Latham, Mr. Orlowski, Mr.
Ward.
Mr. Ward: Opposed? Motion carried.
Review of Reports: Suffolk county Planning commission
Mr. Ward: Stephen and Donna Dzuqas-Smith - This proposal is to
set off a 0.73 acre parcel from an existinq 29.042 acre parcel
located on the southwest corner of County Road 48 and Tucker Lane
in Southold. SCTM# 1000-59-10-6.1. What's the pleasure of the
Board?
Mr. McDonald: Mr. Chairman I make a motion that be it resolved
that the Southold Town Planning Board amend its resolution of
January 31, 1994, in regard to the January 6, 1994 Suffolk County
Planning Commission report as follows:
1. Number 2 of the report shall be revised as follows:
No new driveway or access road shall be located on
Middle Road, C.R. 48 for any present or future
residential use of either Lot Number 1 or Lot Number 2
as shown on the map of the Dzugas-Smith subdivision.
Mr. Edwards: Second the motion.
Mr. Ward: Motion seconded. Ail in favor?
Ayes: Mr. McDonald, Mr. Latham, Mr. Edwards, Mr. Orlowski, Mr.
Ward.
Mr. Ward: Opposed? Motion carried.
Southold Town Planning Board 7 March 28, 1994
Mr. Ward: Mary Holland (Estate of Frank Dawson) - This proposal
is to set off a 7,153 square foot parcel from an existing 14,300
square foot parcel located at Jackson and Third Street in New
Suffolk. SCTM# 1000-117-9-19.1. What's the pleasure of the
Board?
Mr. Orlowski: I make a motion to be resolved to override the
March 3, 1994 Suffolk County Planning Commission report for the
following reason:
The Southold Town Zoning Board of Appeals reviewed the proposed
set off and granted a variance for substandard lot area, width
and depth for each of the two proposed lots. The lots in this
vicinity are similar or smaller to that of the proposed
application and the density of the proposed lots will not be
increased since there is an existing single family dwelling on
both lots.
Mr. Latham: Second the motion.
Mr. Ward: Motion seconded. Ail in favor?
Ayes: Mr. McDonald, Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr.
Ward.
Mr. Ward: Opposed? Motion carried.
MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES, SET OFF
APPLICATIONS - STATE ENVIRONMENTAL QUALITY REVIEW ACT
Lead Agency Coordination:
Mr. Ward: The O'Kula Family - This proposal is to set off a
1.6072 acre parcel from an existing 16.5116 acre parcel located
on Indian Neck Rd. in Peconic. SCTM# 1000-98-1-1.1 What's the
pleasure of the Board?
Mr. Edwards: Be it resolved that the Southold Town Planning
Board, acting under the State Environmental Quality Review Act,
start the coordination process on this Type I action.
Mr. Orlowski: Second.
Mr. Ward: Motion seconded. Ail in favor?
Ayes: Mr. McDonald, Mr. Orlowski, Mr. Edwards, Mr. Latham, Mr.
Ward.
Mr. Ward: Opposed? Motion carried
Southold Town Planning Board 8 March 28, 1994
Determinations:
Mr. Ward: Mary Holland (Estate of Frank Dawson) SCTM#
1000-117-9-19.1.
Mr. McDonald: Mr. Chairman I make a motion that be it resolved
that the Southold Town Planning Board, acting under the State
Environmental Quality Review Act, assumes lead agency status, and
as lead agency, makes a determination of non'significance and
grants a Negative Declaration.
Mr. Edwards: Second.
Mr. Ward: Motion seconded. Ail in favor?
Ayes: Mr. McDonald, Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr.
Ward.
Mr. Ward: Opposed? Motion carried.
SITE PLANS
Final Determinations:
Mr. Ward: Burger Kinq Restaurant - This proposed site plan is
for a 3,000 square foot fast food restaurant on a vacant 3 acre
parcel on Rt. 25 in Mattituck. SCTM# 100~-122-7-3.1. Is there
anybody here tonight that would like to address the Board before
we make any determinations?
Linda Fletcher: I'm representing the North Fork Environmental
Council and I'd like to make a few comments before you take a
vote. The council had asked for covenants and restrictions at
the hearing and some of these were done. We did not have a
chance to review them prior to this. There was a meeting last
Monday at your work session, where some changes were mentioned.
Upon seeing the covenants that were presented and I guess they
were somewhat changed, we find that we would like them to be
stronger. For example, we see no reason why you cannot include,
as we've asked for before, a covenant and restriction which
relates to the drive through or drive in or drive by window.
We notice here that the second covenant, which says no further
building, structure or other improvement may be made at the
property described as Schedule A without the approval of the Town
of $outhold Planning Board, is in fact simply a reiteration of
the town code at this point. We do not see why you'cannot also
include as another point and another covenant and restriction,
the prohibition of any drive through or drive by window. This
simply would be another reiteration of what is in the conditions
that were set forth by the ZBAo This is nothing new. You aren't
making law. You are doing nothing more than reiterating what is
Southold Town Planning Board 9 March 28, 1994
already in the code or in the conditions for the proposal in this
application. We want that in.
There's another thing that we are interested in. We are aware
that the DOT permits have arrived here for this site plan and we
would like to see that there be another point in the covenants
and restrictions that say that these road improvements must be
completed before the building has commenced. Our information
tells us that these road improvements are going to cost around
$100,000 and it could be that whoever is going to build this
restaurant, will build a restaurant and not have any money for
the road improvements. So we would like to see the sequence be
that the road must be improved before the building can be
commenced. And we would like that to be in writing.
Also, we would like a copy of the ZBA resolution, dated 11/19/91
attached to both the final site plan and the building permits for
filing, so that this can be right next to these documents to show
just what is and isn't allowed on this site. One last thing, or
next to last thing that I would like to say on behalf of the
council, from the very beginning we have insisted that the SEQRA
determination was incorrect and we have expressed this opinion
from the very beginning and we would like to say that as far as
the council is concerned, this is only the beginning. Any vote
that you take tonight will only be the beginning for us.
Finally, I brought tonight a contract, it's just one of these
things that you can buy at McCabes, because the council also
wanted the solid waste handling methods detailed in writing. We
wanted the applicant to present a signed contract with the carter
to show what kind of a waste management plan they were actually
going to have. Some information that was obtained over the
week-end will make it very difficult for the applicant to fill
in. It seems that the relationship between the applicant and the
Burger King Corp. is quite tenuous at best and I'm not sure that
this Board is fully aware of exactly what is or is not going on
in that context and I would like to turn this over to my
colleague, Linda Levy, who will bring you up to date on that
particular relationship. Thank you.
Linda Levy: I'm also here on behalf of the North Fork
Environmental Council. First, I want to apologize to you that we
ourselves were were unaware of the information that we have
recently learned, and we feel that you probably should have known
about this awhile ago, but we didn't know about it until over the
week-end. And that is that we contacted Burger King Corp. We
contacted their corporate headquarters in Florida, who directed
us to their non-juditional location representative in Connecticut
who then told us to contact their representative in Holbrook,
Long Island.
The gentleman in Holbrook, Gene Flynn, told us that he was
unaware that an application for a Burger King restaurant was
before the Southold Town Planning Board. When we told him that
Southold Town Planning Board 10 March 28, 1994
this application was before the Planning Board and that it
required road improvements, it required very strict s±gnage
requirements, set backs, and the specific type of design for the
restaurant, he said he was unaware of any of these elements.
What he did know was that McDonalds had applied and had been
denied a drive through window. He was unaware of whether that
would affect any further application. The relationship that he
described to us was that he had been contacted at some point in
the past and asked whether Burger King would be interested in
opening up a fast food restaurant at this location. And the
response was, go to the Town Planning Board, get your site plan
approval, and then call us back and we'll begin to negotiate with
you at that time whether or not we are interested in opening up a
restaurant in Mattitucko
In addition to this, to further corroborate the fact that Burger
King was not, at any time in any kind of a franchise contract
with the applicant. We've received an anonymous call from a
person who was interested in purchasing the site and thought that
we might be interested in knowing the response that this person
received when they contacted Mr. Cohen. The person was told that
the property is still for sale, and that at the present time
there are no contracts or franchise agreements with any fast food
restaurant corporations. Now, we're very concerned about this
because we feel that from the very beginning, both the Planning
Board and the people of the Town of Southold were under the
impression that we were talking about a Burger King Restaurant.
And while it may be true that we are opposed to any kind of fast
food restaurant, the fact is that the information that was
provided here was all about Burger King. Even the drawings that
we saw that showed a logo or a sign that was going to be
according to your specifications, said Burger King and had the
Burger King colors.
We feel that what we're seeing here is in fact an attempt by the
applicant to receive a generic site plan approval for any fast
food restaurant. That after this approval is receiVed, they will
then proceed to probably first contact Burger King and if Burger
King turns them down, they'll shop it around to whatever fast
food restaurant might be interested. We believe that this is an
attempt to get an approval for a use that we all know has been
questioned in this town for a number of years now and that the
applicant may very well have come in with the idea that they
would get this fast food restaurant approval, prior to any change
in the code that would make it impossible for this kind of
approval to go forward.
Just to show you that we really believe that there has been some
misinformation here, I went through our files, which are not as
complete as your files, to see wh~ther Burger King was ever
really referred to or whether this has always just been generic.
And it is true, in the LEAF it's referred to as Cofam Realty,
owner of property for proposed fast food restaurant. That was I
think submitted in March of 1993. By June of 1993, on your own
Southold Town Planning Board 11 March 28, 1994
agendas you were listing it as the site plan for Burger King.
Cramer and Voorhis, in October of 1993, referred to the long LEAF
and traffic study of the Burger King Restaurant. The DOT, in
correspondence with Mr. Corrado of Dunn Engineering Associates,
in November of 1993, referred to their case number 90-393, Burger
King Restaurant, Rt. 25, Mattituck. They wrote another letter in
December, with the same reference.
In your conditional Negative Declaration, you refer specifically
to conditions for the Burger King. Not for a generic restaurant,
but for the Burger King Restaurant. Mr. Cuddy, in his letter to
you of January 10, 1994, says Re: Application of Cofam Realty Co.
(Burger King) and his communication to you of January 28th he
refers again to the Burger King Restaurant. We feel that there
has definitely been some kind of a miscommunication, at least,
and we feel that there are two possible remedies that we would
ask of you tonight. One, of course, is that you deny site plan
approval for this application. The other would be that your
approval be conditioned on a proof of a signed contract with
Burger King. The reason we are requesting this is that our
biggest concern is to prevent any kind of a ground breaking and
the beginnings of any kind of a building on that site, that might
end up being another empty, abandoned building on the Main Road,
in Southold.
We've had a number of instances in this town in the past, where
applicants have come in and received approval and begun clearing
their sites, begun building their sites and in the end nothing
was ever built there. And even most recently we have the case of
D & D Cycles which came in believing completely that they were
going to build their motorcycle shop and they got their
approvals, only to go bankrupt, and now we once again have...we
believe they've gone bankrupt, that's what we've heard, and now,
once again we have an empty building on Rt. 48. So, we do
request that something be done that would prevent this occurrence
at this time. As I say, we would prefer that you deny the site
plan approval, but at the very least, require that you see the
signed agreement with Burger King before allowing any building on
the site. Thank you.
Mr. Ward: Mr. Cuddy, would you like to respond to any of the
questions regarding Burger King versus applicant?
Mr. Cuddy: First, just let me note my concern that we appear to
be having, probably the sixth public hearing for the same
application. I understand that resolution is before the Board
tonight and that's what the matter concerns and not whether or
not these women's predilections as to what they would like or not
like is before the Board, which is, again, the sixth time that
we've gone through this. And I'm going to answer them very
directly. When I was hired, and when I came here the very first
time, I said to you that my client, which is Cofam Realty, and
Burger King were the applicants. I said that because the Burger
King people that were involved were franchisees. I said to you
Southold Town Planning Board 12 March 28, 1994
and I say it again tonight that the people that are involved are
in a joint venture with Cofam Realty. This is not Burger King
International. These people who are going to spend money by the
way, $100,000, are going to spend money out of their own pocket.
They are franchisee people, they are the people who own this
property. That's been the case since I first came here, that's
been the case continuously. Nobody has been devious, nobody has
set forth anything in any document other than that. I have been
paid by those people. By those people I mean the applicant, who
is Cofam, and by the Burger King franchisee people. That's who
hired me and that's who paid me. Those are the people involved.
And I'm beginning to resent the fact that anybody can come to a
microphone and make a scurrilous alligation, any alligation they
want, and apparently that's allowed in this procedure, and I find
that an upsetting procedure. There's got to come an end to this
whole thing. The North Fork Environmental Council,
singlehandedly has made an application that has special permit
approval, take much much longer than it ever should have. This
has taken a year. We started this the end of last March. We're
now March 28. This is a whole year that we're talking about.
The things that they're talking about tonight have been brought
up again and again and again.
Linda Fletcher said tonight that she didn't have a chance to look
at the covenants. I remember Mr. McDonald saying to her at the
meeting which occurred on March 14, which was two weeks ago, do
you have anything that you want to say about the covenants? And
she said no, she would say it later. We had a meeting again on
the 21st, when you had another work session. The same question
was asked. No, no comment. And tonight, we again have her -
saying now we'd like to try something new. The answer to that is
that I do not believe, as I indicated at the very first meeting
when we discussed the covenants, that the Board has jurisdiction
to go into the drive in question. The drive in question is
either going to be before the ZBA or it's going to be before the
Town Board. I've given you the covenants, you've asked me to
change the covenants. I've changed the covenants. I recorded
the covenants and I gave the~ recorded copy to this Board. And I
think that's appropriate. I think that's what was required.
Her idea that we should first do the road, $100,000 worth of the
road, and then do the building is really remarkable. SOmetime, I
think that maybe the North Fork Environmental Council should put
their money where their mouth is. You don't do buildings that
way. You don't do construction that way. We're going to do it
together. We have an obligation to do it. We've put up a
$100,000 bond with the State of New York. That indicates that we
intend to do what we said we were going to do. The building is
not going to be empty. The building is going to be used. It's
going to be used for the purpose that we said it was going to be
used and it's time that this be brought to an end. This could go
on and on and on and it's unfortunate that it's gone on this far.
But I would like to ask for approval at this time.
Southold Town Planning Board 13 March 28, 1994
Frank Carlin: I'm the President of Carlin Watchdog Group. I
believe this has been going on for many, many a moon, for three
years in fact. Now it's coming down to the wire, to the finish
line, and I think that trying to nit pick now and trying to look
for excuses is-a little bit ludicrous. I think it's time for you
people to make a decision and get this finished once and for all.
Because this could go on and on and on. It's been now for three
years when we started with the McDonalds and it seems to me that
this continuous searching, looking for any excuse to prevent this
facility from opening up and I think it's about time...tonight is
the time to either finish it or whatever we want to do. I'll
leave it up to your judgement. That's all I have to say. Thank
you.
Mr. Ward: What's the pleasure of the Board?
Mr. McDonald: Mr. Chairman I'd like to make a motion.
WHEREAS, Cofam Realty Co. is the owner of the property known and
designated as the site for Burger King Restaurant, located at
Main Road, Mattituck, SCTM9 1000-122-7-3.1; and
WHEREAS, a formal application for the approval of this site plan
was submitted on May 25, 1993; 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 conditional Negative Declaration
on November 15, 1993; and
WHEREAS, all conditions in the Negative Declaration of November
15, 1993 have been met; and
WHEREAS, a Special Exception was granted by the Zoning Board of
Appeals on December 16, 1993 and confirmed for the above project
on March 30, 1993; and
WHEREAS, the Plannin~ Board had requested that a declaration of
covenants be filed,~ that there be no buildings or structures
forward of the front line of the building shown on the approved
site plan dated, as las~ revised on March 22, 1994 and no further
building, structure or other improvement may be made at the
property described in SChedule "A" without the approval of the
Town of Southold Planning Board; and
WHEREAS, the applicant has filed the requested declaration of
covenants with the County as shown on the final survey dated, as
last revised on March 22, 1994; and
WHEREAS, this site plan was certified by Thomas Fisher, Building
Inspector, on March 28, 1994; and ~
WHEREAS, this site plan was reviewed and accepted by the Zoning
Board of Appeals on March 28, 1994; and
Southold Town Planning Board 14 March 28, 1994
WHEREAS, all the requirements of the Site Plan Regulations of the
Town of Southold have been met; and now therefore
BE IT RESOLVED, that the $outhold Town Planning Board approve and
authorize the Chairman to endorse the final survey dated March
22, 1994, subject to a one year review from date of building
permit.
Mr. Orlowski: Second.
Mr. Ward: Motion seconded. Ail in favor?
Ayes: Mr. McDonald, Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr.
Ward.
Mr. Ward: Opposed? Motion carried. You could just make if for
the record that the Burger King is part and parcel of this
particular application and that it is in our resolution that way.
That it is a fast food restaurant, but it's specifically Burger
King. If there were to be any changes at all to the site plan or
to a different application coming in, they would have to come
back before us. (CHAIRMAN ENDORSED MAPS)
Mr. Ward: Mooresland - This site plan is for 60 condominium
units in 15 buildings on 22.25 acres in the AHD zone, S/E/C
County Road 48 and Moores Lane in Greenport. SCTM% 1000-40-5-1.
Mr. McDonald: Mr. Chairman I'd like to make a motion that be it
resolved that the Southold Town Planning Board approve the bond
estimate for Phases I, II and III as shown on the site plan dated
as revised on March 28, 1994 and to recommend same to the Town
Board.
The bond estimate for Phase I is in the amount of $156,000.00
with an inspection fee in the amount of $9,360.00.
The bond estimate for Phase II is in the amount of $145,416.00
with an inspection fee in the amount of $8,725.00.
The bond estimate for Phase III is in the amount of $108,059.00
with an inspection fee in the amount of $6,484.00.
Mr. Latham: Second the motion.
Mr. Ward: Motion seconded. Ail in favor?
Ayes: Mr. McDonald, Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr.
Ward.
Mr. Ward: Opposed? Motion carried. In relationship to final
approval tonight on the site plan, there are a number of items
that still are not clearly defined on the site plan. We're going
Southold Town Planning Board 15 March 28, 1994
to offer the applicant that if you can be ready 100% next Monday,
we will hold a special meeting and get you approved. But we
would appreciate you, in detail, coordinating with Valerie to get
these last minute things cleaned up, we'll make a special effort
to hold a meeting next Monday.
SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT
Lead Agency Coordination
Mr. Ward: Peconic Bay Vineyard - This site plan is for a
conversion of existing residence to a restaurant. SCTM#
1000-103-1-19.2. What's the pleasure of the Board?
Mr. McDonald: Mr. Chairman I make a motion that be it resolved
that the Southold Town Planning Board, acting under the State
Environmental Quality Review Act, start the coordination process
on this unlisted action.
Mr. Latham: Second.
Mr. Ward: Motion seconded. All in favor?
Ayes: Mr. McDonald, Mr. Edwards, Mr. Latham, Mr. Ward.
Mr. Ward: Opposed? Motion carried.
Mr. Orlowski: Note that I abstain for the record, for reasons
previously given.
APPROVAL OF PLANNING BOARD MINUTES
Mr. Ward: Board to approve the August 9, 1993 minutes.
Mr. Edwards: So moved.
Mr. Latham: Second.
Mr. Ward: All in favor?
Ayes: Mr. McDonald, Mr. Orlowski, Mr. Edwards, Mr. Latham, Mr.
Ward.
Mr. Ward: Opposed? Motion carried. Board to approve the March
7, 1994 minutes.
Mr. Edwards: Moved.
Mr. Orlowski: Second.
Southold Town Planning Board 16 March 28, 1994
Mr. Ward: Moved and seconded. Ail in favor?
Ayes: Mr. McDonald, Mr. Orlowski, Mr. Edwards, Mr. Latham, Mr.
Ward.
Mr. Ward: Opposed? Mot
Mr. Ward: If we have n(
something else?
Frank Carlin: Just two
next step in the procedl
Mr. Ward:
Mr. Carlin:
Mr. Ward:
For what?
For the Bu:
Well that's
he would file with the
Mr. Carlin: Oh I see,
Mr. Ward: Anybody else
public session? We will
afterwards for those th~
any other comments from
Mr. Edwards: I make a
Mr. Latham: Second.
Mr. Ward: Seconded. A
Ayes: Mr. McDonald, Mr
Ward.
Mr. Ward:
Opposed? Mo'
There being no further
meeting was adjourned a
;~on carried.
********************************
further...Mr. Carlin do you have
questions Mr. Chairman. Now what's the
ire, to go to the building department?
:ger King, what's the next procedure?
ioing to be up to the applicant as to when
~uilding Department at this point.
:hank you.
here tonight like to address the Board in
. be holding a work session immediately
~t would like to stay. If not, do we have
the Board. Do we make a motion?
lotion to adjourn.
[1 in favor?
Orlowski, Mr. Latham, Mr. Edwards, Mr.
.ion carried.
)usiness to come before the Board, the
8:15 P.M.
Richard G. Ward, Chairman
Respectfully submitted,
Martha Jones
Secretary
ECEI¥ ' AND FILED BY
TH~ sOUT}iOLD TO~71~ C~
DATE
l Tovm Clark, To~n ol Souf~olcl