HomeMy WebLinkAboutPB-04/18/1994PLANNING BOARD MEMBERS
Richard G. Ward, Chairman
George Ritchie Latham. Jr.
Ben nett Orlowski, Jr.
Mark S. McDonald
Kenneth L. Edwards
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
Town Hall, 53095 Main Roac~
P. O. Box 1179
Southold, New York 11971
Fax (516) 765-3136
Telephone (516) 765-1938
MINUTES
April 18, 1994
Preserll~ were:
Abserlt:
Mark McDona ci
O. Ritchie Latham
Kenneth Edwards
Bennett Odowski, Jr,
Valerie Scopaz, Town Planner
Melissa Spiro, Planner
Robert G, Kassner, Site Plan Reviewer
Martha A, Jones, Secretary
Richard G. Ward, Chairman
Mr. Orlowski: I'd like to call the April 18, 1994 Planning Board meeting to order.
The first order of business, the Board to set Monday, May 9, 1994, at 7:30 P.M. at
Southold Town Hall, Main Rd. Southold as the time and the place for the next
Planning Board meeting.
Mr. Edwards: So moved.
Mr. McDonald: Second.
Mr. Orlowski: Motion made and seconded, All in favor?
Ayes: Mr. McDonald, Mr. Latham, Mr, Edwards, Mr. Orlowski.
Mr. Orlowski: Opposed? So ordered.
Southold Town Planning Board 2 April 18, t994
PUBUC HF_AI~INOS
Mr. Orlowski: 7::50 P.M. Stephen and Donna Dzu.qas-Smith - This proposa is to set
off a 0.7:5 acre parcel from an existing 29.042 acre parcel located on the
southwest corner of County I~oad 48 and Tucker Lane in Southold. SCTM# 1000-
59-10-6.1. We have proof of publication in the local papers and at this time
everything is in order for a public heanng. I'll ask if there are any objections to this
set off? Hearing none, is anyone in favor of this set off? Hearing none, is there
anyone out there, neither pro nor con, who may have information pertaining to
this set off that would be of interest to the Board? Any questions from the
Board? Mr. Latham?
Mr. Latham: No
Mr. OrlowsKi: Mr. McDonald?
Mr. McDonald: None.
Mr. Orlowski: Mr. Edwards?
Mr. Edwards: No.
Mr. Orlowski: Valerie?
Ms. Scopaz: No.
Mr. McDonald: Mr. Chairman, I make a motion to close the hearing.
Mr. Latham: Second.
Mr. Orlowski: Motion made and Seconded. All in favor?
Ayes: Mr. McDonald, Mr. Edwards, Mr. Latham, Mr. Orlowski.
Mr. Orlowski: Opposed? So ordered
Mr. McDonald: I'd like to make a further motion that
WHEI~EAS, Donna Dzugas-Smith is the owner of the property known and
designated as SCTM# 1000-59-10-6.1, located at t~e southwest corner of County
I~oad 48 and Tucker Lane in Southold; and
WHEREAS, this clustered minor subdivision is for 2 lots on 29.042 acres; and
WHEREAS, the Southold Town Plann ng Board, pursuant to the State Environmenta
quality Review Act, (Article 8), Part 617, declared itself lead agency and issued a
Southold Town Planning Board 3 April 18, t994
Negative Declaration on December 13, 1993; and
WHEREAS, a final public hearing was closed on said subdivision application at the
Town Hall, Southold, New York on April 18, 1994; and
WHEREAS, all the requirements of the Subdivision Regulations of the Town of
Southold will be met upon the fulfillment of the following conditions; be it
therefore
RESOLVED that the Southold Town Planning Board grant conditional final approval
on the surveys dated March 15, 1994, and authorize the Chairman to endorse the
final surveys subject to fulfillment of the following conditions. All conditions must
be met within six (6) months of the date of this resolution.
The draft Declaration of Covenants and Restrictions must be reviewed Dy
the Planning Board and the Town Attorney. Once approved, the document
must be filed in the office of the County Clerk and the Liber and Page
number of the recorded document must be noted on the final map.
Final maps, (5 paper copies and 2 mylars) all containing a valid stamp of
approval from the Health Department, and the Liber and Page number of
the recoraed Declaration must be submitted.
Mr. Edwards: Second the motion.
Mr. Orlowski: Motion made and seconded. Any questions on the motion? All
those in favor?
Ayes: Mr. McDonald, Mr. Edwards, Mr. Latham, Mr. Orlowski.
Mr. Orlowski: Opposed? So ordered.
MAJOR AND MINOR SUBDIVISIONS, LOT UNE CHANGES AND SET OFF APPUCATIONS
Final Determinations:
Mr. Orlowski: West Mill Subdivision (M. Paul Friedber,q) - This major subdivision is
for 9 lots on 22.105 acres located on the west side of West Mill Rd.; 1102.15 feet
south of Naugles Drive in Mattituck. SCTM# t000-106-9-4.
Mr. McDonald: Mr. Chairman, I'd like to make the following motion that
WHEREAS, the Southold Town Planning Board granted conditional final approval to
the major cluster subdivision known as West Mill Subdivision on May 3, 1993; and
Southold Town Planning Board 4 April 18, 1994
WHEREAS, all conditions of final approval have been fulfilled; be it therefore,
RESOLVED that the Southold Town Planning Board-authorize the Chairman to
endorse the final survey dated April 12, 1993, together with the final road profile
and drainage plan dated January 11, 1993
Mr. Edwards: Second the motion.
Mr. Orlowski: Motion made and seconded Any questions on the motion? Al in
favor?
Ayes: Mr. McDonald, Mr. Edwards, Mr. Latham, Mr. Orlowski.
Mr. Orlowski: Opposed? So ordered. (CHAIRMAN ENDORSED SURVEY)
Bond Release:
Mr. Orlowski: Wolf Pit Estates - This approved major subdivision is for 13 lots on
65.381 acres, in Mattituck. SCTM# 1000-107-4-2.1.
Mr. Edwards: I11 make a motion.
BE IT RESOLVED that the Southold Town Planning Board recommend to the Town
Boa rd that the Performance Bond in the amount of $159,621.00 for the above
mentioned subdivision be released.
Mr. Latham: Second the motion.
Mr. Orlowski: Motion made and seconded. Any questions on the motion? All
those in favor?
Ayes: Mr. McDonald, Mr. Edwards, Mr. Latham, Mr. Orlowski
Mr. Orlowski: Opposed? So ordered.
MAJOR AND MINOR SUBDIVISIONS. LOT UNE CHANGES. SET OFF APPUCATIONS - STATE
ENVIRONMENTAL QUAIJTY REVIEW ACT
Lead Agency Coordination:
Mr. Orlowski: Thomas A. Palmer and Joan C. 0ibbs - This lot line change is to
subtrac[ 9,300 square feet from a 21,500 square foot parcel and add it to an
Southold Town Planning Board 5 April 18, 1994
11,900 square foot parcel SCTM# 1000-123-4-4 & 5.
Mr. McDonald: Mr. Chairman, make a motion that
BE IT RESOLVED that the Southold Town Planning Board, acting under the State
Enviro nmental Quality Review Act, start the coordination process on this Type I
action
Mr. Edwards: Second the motion.
Mr. Orlowski: Motion made and seconded. Any questions on the motion? All
those in favor?
Ayes:: Mr. McDonald, Mr. Edwards, Mr. Latham, Mr. Orlowski.
Mr. Orlowski: Opposed? So ordered.
Mr. Orlowski: Demetrios Tetris & Goose Creek Lane Associates - This lot line change
is to subtract 2,914 square feet from a 48,655 square foot parcel owned ~y
Demetrios A. Tertis, and to add it to a 58,352.8 square foot right-of-way owned by
Goose Creek Lane Associates, Inc. located in Southold. SCTM# 1000-78-8-21 and
79-2-5.7.
Mr. Edwards: Mr. Chairman I'd like to entertain a motion that the Southold Town
Planning Board, acting under the State Environmental Quality Review Act, start the
lead agency coordination process on this Type I action.
Mr. McDonald: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the motion? All
those in favor?
Ayes: Mr. McDonald, Mr. Edwards, Mr. Latham, Mr. Orlowski.
Mr. Orlowski: Opposed? So ordered.
SITE PLANS - STATE ENVIRONMENTAL QUAUTY REVIEW ACT
Determinations:
Mr. Orlowski: Brauns Oyster Company - This site plan is for a proposed 2,700
square foot addition to an existing storage building in Cutchogue. SCTM# 1000-
Southold Town Planning Board 6 April 18, 1994
103-I-I, 2 & 3.
Mr. McDonald: Mr. Cha rman, 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
ma kes a determination of non-significance, and grants a Negative Declaration.
Mr. Edwards: Second the motion.
Mr. Orlowski: Motion made and seconded. Any questions on the motion? All
those in favor?
Ayes: Mr. McDonald, Mr. Edwards, Mr. Latham, Mr. Orlowski.
Mr. Orlowski: Opposed? So ordered.
Mr. Orlowski: Jas[a Inc. (Formerly Raz-Ma-Taz) - This site plan is for a sports bar to
be located in a vacant building that was formerly a drinking establishment, on Main
Rd. in Mattituck. SCTM# 1000-122-6-36.
Mr. McDonald: Mr. Chairman, I make ~ motion that
BE IT RESOLVED that the Southold Town Planning Board, acting under the State
Environmenta 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 the motion.
Mr. Orlowski: Motion made and seconded Any questions on the motion? Al
those in favor?
Ayes: Mr. McDonald, Mr. Latham, Mr. Edwards, Mr. Orlowski
Mr. Orlowski: Opposed? So ordered.
Mr. Orlowski: Under other business, reports to the Town Board on Formula Food
Legislation ana Environmental Review.
Mr, McDonald: I move we send those recommendations to the Town Board.
Mr. Edwards: Second.
Southold Town Planning Board 7 April 18, 1994
Mr. Orlowski: Motio~ made and seconded. Any questions on the motion? All
those in favor?
Ayes: Mr. McDonald, Mr. Latham, Mr. Edwards, Mr. Orlowski.
Mr. Orlowski: Opposed? So ordered.
APPROVAL OF PLANNING BOARD MINUTES
Mr. Orlowski: Board to approve the minutes for the special meeting held on April
I, 1994.
Mr. McDonald: Moved.
Mr. Edwards: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the motion? All
those in favor?
Ayes: Mr. McDonald, Mr. Latham, Mr. Edwards, Mr. Orlowski.
Mr. Orlowski: Opposed? So ordered.
Mr. Orlowski: We have people here from Bidwel Vineyards to discuss their site
plan.
James Bidwell: This is the new rendering that you recuested. I'd like to just briefly
point out that we had the architects make a rendering of the side of the building
that we thought you were most concerned with, which was the eastern side. So
that's the view of the side that we seem to have the most trouble with and we've
added all the suggested recommendations to it.
Bob Bayley: There's a couple of things that should be noted Number one, the
view is eye level so that would be in a sense the most typical way you'd see the
buildings. The first time seeing that I was surprised at how modest the new
building is when you take into account the large warehouse building in the back
that's now the winery. So up to this time, seeing the single building by itself, the
new building, was misleading. It was misleading to me because it always seemed
bigger than perhaps the winery building. Now that we see the winery building and
the new building in the same scale; in the same rendering, Ithink it's quite
apparent that the new building doesn't overwhelm the site or overwhelm the
passerby, and you can also see the figure in there of the person standing there.
Southold Town Planning Board 8 April 18, 1994
Mr. Orlowski: You made the columns a little wider on the corners now?
Mr. Bayley: No it's the same. There are some other things here which have been
deleted at the suggestion of the Board at previous meetings. The client asked that
the pylons which came probably in this direction, if you could look at it from here,
the pylons separated the traffic and parking area from the back site overflow
parking and they were removed, along with the tower that was at one time called
the sign tower, was removed from the site. These are obviously controversial
items because they probably or m~ght have, had this Board approved it, they
might become accessory buildings by interpretation of the code and therefore
required Board of Appeals ruling. Having long discussions about it, even though
the client did not want to remove these items for other reasons, they were
removed.
James Bidwelh One other quick point is there was a suggestion earlier on that we
put a peaked roof along this part of the building here. think this illustrates nicely
how, in the entire scheme of things, de-emphasE~ng that building and bringing
the focus around to the other side and addressing this portion of the building is in
the final presentation that may be much more advantageous than drawing
attention to that building any more than ~s necessary, and I think the architects
repeated that alit and I think that maybe here it shows that they might have had a
pretty valid point.
Mr. Latham: Is this in the same position? It seems closer, this new building, to
this.
Mr. Bidwelh It's the prospective.
Mr Bayley: You also see that the one star building has stucco on it now and it's
clear that it is not block. It is block of course, right now, but from the beginning
the plan was to re-color it so that it would be less obtrusive and less industrial
looking, and clearly that's apparent in the rendering.
Mr. McDonald: That's a prospective from eye level from about how far away do
you think?
Mr. Bidwelh Probably somewhere around the driveway. (Everyone talking)
Mr. Kassner: According to the site plan, the metal Mor~on building is L-shaped to
the west. /n other words, this building is to the west of the concrete (inaudible) as
is the pavilion, it's wesT. (Everyone talking)
Mr. McDonald: You're looking this way. Now if you're looking face on to that right
angle...from here you wouldn't see that back side of that building at all.
Depending, if you were here. That's why I said how far away is this from. If you're
here, you start to see that building, but if you move in, you lose, behind this
Southold Town Planning Board 9 April 18, 1994
corner, you lose all of that building. Which is why I asked about how far away you
thought that this was.
Mr. Bidwelh It's probably from somewhere around where the driveway meets 48,
in that vicinity. (Everyone talking.)
Inaudible. Everyone talking.
Mr. Bayley: Just by comparison, think we might all agree that the change to
more transparency, more glass rather than, like you'l see on here which was
plexiglass, I have to admit this is an improvement. The architect might not agree
but I think it's an improvement. And I like the fact that although this seemed
rather austere, I know Mark has made that comment in the past, austere perhaps
because of the blankness of the wall and the windows up high. One thing that is
apparent in this is that the building is more friendly looking. It seems very obvious
to me.
naudible. Everyone talking.
Mr. McDonald: I'm wondering if we should go out of session. You're welcome to
stay on the record, that's no problem, but it's following it..,
Mr. Orlowski: Well, tonight you're looking for us to...
Mr. Bayley: What we need to do, obviously, is we need some kind of closure on
this because the clock is ticking for the Bidwells.
Mr. McDonald: Dick had asked for a list of priority order when you were going to
execute which parts of the plan. Am I mistaken?
Mr. Bayley: He did and the answer to that is that the...am I right Oary and
Jim...that the site work that is forward of all the buildings and is seen from the
street is all going to be part of the first phase.
Mr. McDonald: What would the second phase consist of? Interiors?
Mr. Bidwelh Yes, in an ideal situation and most probably phase one is the entire
project.
Mr. McDonald: So the plan wouldn't show any phasing in any case, so it wouldn't
matter from our standpoint, becadse you're going to handle all that part right in
the first phase, no matter what.
Mr. Bidwell: Yes, unless we get bids that we just completely don't expect.
Mr. McDonald: I wish we had Dick here who had generated the list. He had made
Southold Town Planning Board 10 April 18, 1994
specific comments to you, I remember he made a list of specific comments for
you to come back with.
Mr. Bayley: There have been so many lists, I'm really not sure of which list you're
talking about, so we're guessing, perhaps. So what maybe we need to do is talk to
Richard and we'll show him this.
Mr. McDonald: Why don't we leave it all for now. Leave everything you've got
right now and we'll get Dick in during the week and take a look at it and see if we
can get your closure.
Mr, Bayley: Will he be available this week?
Ms. Spiro: He just said he was out of town tonight.
Mr. Bayley: I'd just like to bring you up to date on the Board of Appeals action
because they have asked us for the seven sets which they need to take the site
plan to, which hope will be, the last public hearing of the Board, and that's going
to be rvlay 4th or 5th. I know that isn't directly related to what you're doing but it
would be very significant to the Bidwell's if the site plan, as we now see it, is
approved.
Mr. McDonald: It can't get approved until after they grant special exception, in any
case. There's just no way we can do that.
Mr. Bayley: I understand that, but if we can say that the features as they are
situated...
Inaudible, everyone talking.
Mr. McDonald: Basically what happens is, they ask us, assuming that everything
else is alright here, would this be alright with you, and we say, yes or no. So that's
what we're trying to reach
Mr. Bayley: I think that's what we're looking for.
Mr. McDonald: What did you ask them for? Did you ask them for multiple
principal dwellings?
Mr. Bayley: We asked the Board of Appeals to approve the site plan with the
understanding that the new building, which I interpreted as not an accessory
building, they may in fact interpret as and accessory building even though it is not
subordinate to the main building as the definition requires it to be, if it's an
accessory building. So, in a sense, it's in their hands.
Southold Town Planning Board 11 April 18, 1994
Mr. McDonald: So you said, look we've got this problem, you guys decide what to
do.
Mr. Bayley: They haven't yet decided so...
Mr. Kassner: You're before them for a special exception, right, for a winery?
Mr. Bayley: That's right, but there's the issue, asking for an accessory building in
the front yard is not normally part of the special exception. One has to do with
use, and the other has to do with location. I'm not certain that they're willing to
tie the two together. Though they haven't officially said so, because that haven't
officia Ily..
Mr. Bidwelh I believe they indicated that's the direction we should go in.
Mr. McDonald: They're going to hear it inside of the special exception
Mr. Bayley: I think that anyone looking at the site would have to conclude that
where else could you put a building, except in the front yard, and where else
would you want to put a building, particularly a building that would dramatically
improve what's there, which is not as appealing.
naudible. Everyone talking.
Mr. Bidwelh I think the family is also pleased with the changes, think we went in
a good direction also.
Mr. Bayley: I'd like to find out, for the record, that there were some other things
done to the site plan to accommodate some comments or to respond to some
comme ~ts about incomplete grading information. To the best of my knowledge,
every item that Dick Ward brought up has been addressed. This is a working print
that you're welcome to borrow - I'd like to get it back - this was the instruction
from the architect to the surveyor on this particular phase. Every one of the red
marked items is a change from the previous site plan to the present site plan.
There was additional drainage added to the center of the courtyard to
accommodate level site drainage into a drywell, which none of us are quite certain
whether it's required, but it's possible that it is required as Dick Ward suggested it
might be, so it was shown. Of course, that depends on the percolation of the
ground there. We don't know for sure.
Mr: Orlowski: It percolates. It goes down like a sponge over there.
Mr. BidweJ: You couldn't make a puddle last there if you tried, trust me. That
goes down quick.
Mr. Bayley: So, if you like we'll leave you the draft, we'll leave you the final, we'll
Southold Town Planning Board 12 April 18, 1994
leave you the rendering. Would you like the site plan?
Mr. McDonald: Leave it all there in one package.
Mr. McDonald: I move to close the meeting.
Mr. Latham: Second.
Mr. Orlowski: Motion made and seconded. All in favor?
Ayes: Mr. McDonald, Mr. Latham, Mr. Edwards, Mr. Orlowski.
Mr. Orlowski: Opposed. So ordered.
There being no further business to come before the Board, the meeting was
adjourned at 8:25 P.M.
Respectfully submitted,
Martha Jones
Secretary
Richard O. Ward, Chairman
RECEIVED AND FILED BY
~i~E SOUTHOLD TOWN CLERK
Town C~zk, To~ of Southold