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HomeMy WebLinkAboutPB-08/22/1994PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Orlowski. Jr. Mark S. McDonald Kenneth L. Edwards Town Hail, 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 Present were: Absent: MINUTES August 22, 1994 Richard O. Ward, Chairman Mark McDonald O. Ritchie Latham Bennett Orlowski, Jr. Valerie Scopaz, Town Planner Melissa Spiro, Planner Martha Jones, Secretary Kenneth Edwards Robert O. Kassner, Site Plan Reviewer Mr. Ward: Good evening. I'd like to call the Planning Board meeting, August 22, 1994, Southold Town, to order. The first order of business, the setting of the next Planning Board meeting. Board to set Monday, September 12, 1994 at 7:30 p.m. at the Southold Town Hall, Main Rd., Southold, as the time and place for the next regular Planning Board meeting. Mr. Orlowski: So moved. Mr. Latham: Second. Mr. Ward: Motion moved and seconded. All in favor? Ayes: Mr. McDonald, Mr. Orlowski, Mr. Latham, Mr. Ward. Mr. Ward: Opposed? Motion carried. ~. Sout~eld Town Planning Board 2 August: 22. '1994 Public Hearings Mr. Ward: 7:50 p.m. An.qel Shores - This major subdivision is for 49 lots on 92.74 acres located off Main Bawiew in Southold. SCTM# 1000-88-6-1, 4 & 5. This evening, I'd like to have any of the public that's here that would like to address the Board on any issues, to please come forward and state your name for the recor(~, and where you live, and we'd be happy to hear from you. Catherine Barbato: I have a residence on West Lake Rd., which is at the end of Little Peconic Bay Lane. According to the map here, I understand that Little Peconic Bay Lane will remain a 55 foot right of way, and I believe that it stares from Water Terrace to West Lake. Now my concern is this spur that is from Water Terrace to Cedar Point Rd. West. I believe that lot :52 will be facing on that spur. And I also believe that that particular place will ge developed. From there on it will remain a dirt right of way. Is that right? Mr. Ward: Outside of the subdivision, that is correct. Ms. Barbato: So it means that Little Peconic Bay Lane wil go to Water Terrace, right? Mr. Ward: Yes. Ms. Barbato: Alright, I wish to propose that a sign be put up on the corner of Water Terrace stating that Little Peconic Bay La ne is a right of way for residents only, in order to deter the traffic from coming down to our section, and people using the private beach that is at the end of the lane. I would also like to ask if when this development goes through, and we are affected with our wells, what happens? Does the community have to connect itself with Angel Shores water, and at what cost to the community? Mr. Ward: Well, we as the Planning Board, we don't really know what's going to happen. By the reports and the studies that have been done by the developer here, is to put a well in which is ~n accordance with the Suffolk County Health Department's requirements, and they're the ones overseeing this. I don't Know. know that the shoreline here right down into Cedar Beach is a fragile area and there are problems in this area. Connecting in, in the future, don't Know. Ms. Barbato: Wouldn't you think that Suffolk County Board of Health would be able to help me out on this, or no? Mr. Ward: Well, I think if there is going to be public water, which this is in the area, I think that certainly the consideration in the future would be to extend it. When, this happens,., we don't do that as a Planning Board. That would be up to the water authority that would be in charge and would be the approval of the Suffolk County Health Department. Ms. Barbato: OK, fine, One last question I would like to ask iS, I have pictures here showing dirt bikers and ATV people using the Angel Shores development there for their own use. It seems that theyhave established a sport of their own and they c Southold T~:~ql Plannin~ Board $ August 22, 19.94 are affecting...if you would like to see the pictures will gladly show you, may I? Mr. Ward: Well, if you want to give them to the record, you can do that if you wish. Ms. Barbato: Alright then, fine. What I'm concerned about is the fact that they are affecting our road with ruts such as this, and it's ~mpassable to get through. And not only is it impassable to get through, it's very dangerous. I almost hit someone from 10 feet away, because they just jump over the pile there and they can't be seen. And I was walking along the road, and one of they came out from nowhere and missed me by about 5 feet. Here's pictures of them also, that I was able to get. Mr. Ward: We have this in other vacant parcels in the town also, but I think that possibly one advantage will be is that if this gets developed a bit it will discourage that. Ms. Barbato: But in the meantime can the owner of Angel Shores do anything about it? Mr. Ward: Well, believe the applicant is here tonight and we can ask him that. Ms. Barbato: Alright, I would appreciate it. Thank you very much. James E. Mullins: Mr. Chairman, members of the.Board, my name is James E. Mullins. I have been a property owner on Sunset Lane for the past 25 years. I'm here To represent 12~property owners, of which 9 are in attendance tonight. And if you need their names I~m sure they'll leave them with you later. We have several concerns about Angel Shores and I know this has been a very long and tedious project for everybody. It's been over a decade since we'started it. We had opposed it on pnnciPal on many occasions and I had a couple of points I'd like to raise tonight. The first is, there ~s a road which he has renamed called Avenue of Trees, which comes from Main BaWiew and proceeds down to the detention site, which is a water run-off site which he's going To put on the maps. That road from Main Bawiew to the Peconic Bay has for the past 60 years or so aeon a 50 foot deeded right of way to all of us. He intends to improve the road to the turn around and on his map, which is called Parcel F, it is called 'access r-o-w which comes out and makes a turn However, if you'll notice, Parcel 0 which is labeled Open Space, that should include a 50 foot deeded right of way access to Peconic Bay. That is not on th~s map. Regardless of what the developer or his attorney's or his planner says, unless that is in writing, unless that is drawn into the plan as a 50 deeded right of way which we all have, we will oppose this plan and if necessary we will go to court to make sure that that 50 foot access remains forever. The second point is a matter of beach rights, for those who in the future, buy lots in that area. Parcel A, which is the Old Mills property, in fact it's all Old Mills land, but that was then owned by Arch Davis who sold it to the developer that currently owns it. The nine lots from 41 through 49 I think will probably have beach rights because there is an awful lot of open beach there, and they're buying on that area. The other 40 lots which is Parcel B on the other side, the way I feel they should ~. Southo~d Town F'tan~n~ Board 4 August 22. 1994 have no beach rights because when they bought that land there was no beach attached to it. If you intend to give those 49 people I~each rights, we'd like to know what beach and where. Because if you put 49 individual families, all of their autos and al of their friends, on that little tiny Parcel 0 which says Open Space, 50 feet of that is a deeded right of way. You're going to put an awful lot of people on a little tiny piece of ~)each That's our second objection. The third, understand access to Parcels 45 and 44. there are three little lanes drawn over, to me indicate 41, 42, 45 and 44 owns an access route which is up there. It is not labeled access route. It is not even labeled road. Parcel F which leads into 41 and 42, you can drive into. I don't know what happens n that little back area. I assume there is another plan which shows that that is a right of way going in there, but we'd like that kind of defined. Fourth, we are all distressed over changing the name from Sunset Lane to Avenue of Trees. The United States Postal Service for years knows we're on Sunset Lane, all of our deeds say it's Sunset Lane, our mail comes there, the utility company knows it's Sunset Lane, and suddenly it's now going to be Avenue of the Trees. Only down to the back lot of my property because I consider, even if they name that other piece Avenue of the Trees, when that lane ends, it's Sunset, when I live there and everybody else. Lastly, we share the concerns of our ne!ghbors who are in Cedar Beach with water quality. Many years ago I sent a letter tO the Board saying, I think it's four or five years ago, when we pu;b that water plant in in the dead of night, they came in and started moving things, I stopped construction because they were taking topsoil and were going to dump it; in that little,pond that kids ide skate on. The Town stopped it, so they had to move it out But the water plant in, and I remember the Traveler Watchman saying "to the nearby cove". The cove is a mile away. Instead of going up one side of the road to the cove, they crossed the road, crossed Jacobs twice, went out and crossed back again because they wanted to avoid the four lanes going down into Bay Haven and Tern (?) Waters. They would have disrupted ~oUr lanes, it would be easy to go the other way. Thatls a long way to carry water, and only half of that place hadn't been rented so far. 'So we don't know the full impact of the plant so far, except that my water quality over the last three years has changed, sfnce they started pumping. I asked the Board then, three or four years ago, if our water quality goes bad a nd we start getting salt, the 12 of us have wells, it starts going bad, we want the opportunity and the right to join that water system at no charge to us. We didn't ruin it, someone else did, and we just don't want to get stuck two or three years down the line with a major bill. So, speaking for all of these people we're still in opposition primarily until that access road is put on their plans, ~s a free and deeded right of way to us. And the other things are just our concerns and we wanted you to know about it and I'd like to thank you all for listening to me and listening to our objections as a group, and think if anybody else has anything to say they'll say it on their own. Thank you Mr. Chairman and thank the Board members. Joe Barbato: Members of the Board, my name is Joe Barbato. live at 200 West Lake Drive. want to reiterate what this gentleman, Mr. Mullins, was referring to about the water quality, am east of him approximately 1000 feet or better, and ~ SoulJ',eld To,~n Planning Board 5 August 22, '1994 my water has changed. My question is this, when they get these 49 houses built and this pump station is going on full tilt, we all know what is going to happen. Who do we turn to? Do we turn to the Town Board? Are you people going to be in that same seat 10 years from now, 20 years from now? Can we complain to you people that our water went bad? I've been there 55 years. Why should I be pushed out by a newcomer? That's the bottom line. And the second thing I'd like to bring up is on this plan I have right here, lot 25, $2, 55, 34 and $5 - from $2, 53, 54 & 55 there ~s no, what you ca open space area. These people, their rear abuts to our private road. Is there anywhere a buffer where these people cannot use our road? Is there anything in writing that says they canno[ use our road? Mr. Ward: The final map will show a buffer in there. Mr. Barbato: Now also, to this open space. How long is that open space for? Indefinitely, lifetime, for the present generation? Is it going to be in black and white? Mr. Ward: Yes. Mr. Barbato: It will be? Alright. Now another thing, again reiterating what that gentleman said, if our water goes bad who do we turn to? Can we [ap into this without any discriminatory increase n prices in the water, if we [ap into them? Or do we have to pay separately, because of other reasons? We were there first, before they even put the pump station up there. Mr. Ward: I don't know of any water authority out here yet that hasn't asked for a charge for hook up. Mr. Barbato: Well, this is something you have to consider. You have to realize that we've been there...we kine of built this town up, these old timers. This gentleman has been here so many years, I've been here so many years. There's quite a few of us around here. And this, I can see it coming, it will be another Levittown. What you have in Levittown, you're going to have right here in Southold. I want to thank the Board for hearing me out and I'd like to say, give it a thought. Mr. Mullins: Could 1 add one thing? I forgot about one thing. If you look at your map Where the detention site is, welt, Parcel H, you take 57, ;~8, 59, 49, 56, 55 and 54, we're concerned about that detention site. One of the things, we don't think it's quite large enough. In the past 25 years, abou[ every two or three years when we have very heaw rains or a hurricane or a northeaster, if you look at the elevation out there, I've been out in the mornings and seen 2,000 Canadian geese out there in what I call the lake. And it takes the lake a week to a week and a half to drain out. So, once you get homes in there, unless that elevation is right, that water is going to...it's a mess down there. So if this detention area isn't big enough to slope that water in we're all going to get flooded. That's all. Mr. Ward: There is a retention area though that's up closer to Bayvlew which takes a substantial portion into the open space, which takes a substantial portion of this project (inaudible) in addition to the one you're looking at. ~: :- Southotd Town Plann~r~ Board 6 August 22. 1994 I'd like to give the opportunity, not that you can't speak again, for anybody else that would like to talk or present any findings to the Board then we'll go back and if you'd like to say something else your welcome to do that. Jean Kunset(?): If eel that we arejust oversaturated with developments. The Cove ~s a great example of what happened and they keep approving of them. This town is saturated. I have a house for sale on Main Bawiew. The price is good, people come, they tike it, they would like to buy it, they hear the traffic, they see it and they don't want it because they are too busy. And I would just like to know what it is going to do to that Main Bayview Rd. that could stand a cop out there daily now. If you're going to bring that many more houses in, that many more people and their guests. And I think it has to stop. Like this man says, we're going to have a Levittown. Our country is going, and it's going fast and I think we have to do something to stop it. Thank you. Agnes Diokenson: I'm Agnes Dickenson and I live on Bawiew. Now when the fire department held their informational meeting about the proposed fire house annex to be built in Bawiew their .big selling poini~ wa~sa thumbtacked map show ng the location of all the homes in the Bayview area, as well as other nome in Southold Town. One glance at this map graphically demonstrated the disparity of housing density of Bayview with respect to the rest of the hamlet. Bawiew ~s over developed now, with prospects of becoming even more developed if you permit the building of 49 homes on one of the three .remaining farm areas. North Bayview Woods, right up on North Bawiew Rd., the Fischetti-Fuchs development, accounts for another development waiting in the wings until rea estate values improve. The assault on quality of life, water and the additional traffic are being unfairly imposed on this area. As the plan has assumed that this area is already overdeveloped, more development will not make any difference. Why not let 49 more homes be built on lots that have less than one acre each. Why has no attempt been made to have at least one farm put into the land bank? In 1940 there were eight working farms in Bayview and now there ~s one. The farm where the proposed Angel Shores is to be built, is owned by the same farmers Who were willing to put their farm bordered by Youngs Ave. into.the land bank. Now presumably they would have been equally agreeable todO the same thing with their Bayview farm. On the other side, the people of Bayview would be happy to share their residential development and overcroWding with the rest of the hamlet. Traffic on Bawiew Rd. is excessive now. It's not unusual to see seven moving automobiles within one half mile stretch. And the 55 mph speed limit means nothing. We live over the crest of'the hill immediately east of Cedar Lane, and we take our lives in our hands every time we:must cross Bayview Rd. to go to the mailbox. Now that The Cove, another example of blind planning, has auctioned off the remaining houses, 20 units times the number of automobiles per unit of traffic, will be added to this speedway Now we can appreciate the idea of keeping the main corridors of Southold as open as possible so that tourists riding through can view us as a rural community. The people who live off the main highways also appreciate the same kind of beauty, pay taxes for its support, and-hope that the Planning Board will contribute by denying the application for the Angel Shores subdivision. Thank you very much. Town Pl~nnJng ~rd 7 AugusL 22, '!994. Catherine Barbato: The thing I want to bring out is that I wish to second the request that the gentleman made there that we have free water hook up in the future for West Lake Drive if necessary that we have to hook up with Angel Shores water. Thank you. Joseph Barbato: One final request, when this construction goes on building tnese roads, what access do we have other than going to other associations or private entities to get on to our property. Are they going to leave us a 24 hour, seven day access to our property that we can travel on? Mr. Ward: It would seem to me that if you have a right of way and access over the site that somehow or other they have to plan their construction that they don't cut you off. Mr, Barbato: There is a problem down there now. They're going to take our right of way away from us which is part of Avenue of the Trees what they so cai it now, which is Little Peconic Bay Lane. As you see it comes down approximately 500 feet then slinks to the east approximately another 800 feet then slinks to the south. Now, we use that road and that's the only access we have. Someone, sometime in the past had built a road, a continuation of where you'd make a right turn to the south. It goes due north which is a (inaudible) on the map. The problem we have is when we take and go around General Wayne to the Cedar Beach Association. They are raising hell with us because we use their roads and they maintain their roads. And I can understand their view. What alternative do we have? Use their road? Whose road do we use while the construction is going on? Mr. Ward: Well I think they're going to have to make accommodation for you... Mr. Barbato: Well this is what want to iron out before they get going with this thing. Before it's too late, When they go ahead with this thing, when the Planning Board issues its permit, I would like to see a stipulation stating that the road shall be maintained 24 hours, seven days a week, uninterfering with the other residents that live outside of their jurisdiction. Thank you. Bill Moore: Good evening. Bill Moore, I'm the attorney for the applicant. As far as the right of way goes, you're absolutely right, you have the right to the right of way. It's not going to be blocked off so you can't use it, You made reference to that new road. We don't know who put that in, I noticed that a few years ago and I have no idea. Mr. Barbato: Well I think you should look into it. Mr. Moore: I don't know who put it there, We had nothing to do with it. What I'm trying to tell you is that we're not trying to take away the right of way. Mr. Mullins you pointed out the right of way over the beach area there. I know of some of the rights (inaudible) I don't think they've all been identified, so I may be calling on you to help me identify the lots that are down your way that have that. Because if there are more that have a right, we'll show that on the map. I know of one on the north side, actually the north and east, other side of Bawiew, who has a right across and down Sunset to the beach, was not aware.. ~ Southold Town Planning Board 8 August: 22. '1994 Mr, Moore: Mr, Mullins: deed. Mr, Moore: Mr~ Mullins: There are eight property owners that face the bay, each of those eight have that deeded right and its interdeeded with our... Sure, there's a recording of it, I understand. And I have a copy of mine and the Board is in receipt of a copy of my OK, thank you, I'll take care of that. I want to thank the Board. It's been a marathon obviously. At times we've run together in the marathon and at times we've run opposed to each other, but we're almost there. I know there are a few items that are left. Significant for us is the issue of a Homeowners Association; I know it's an open issue for you as well. We are working with a variety of organizations trying to deed over the open space to such that there would be no need for and association. Similarly with the roads and the drainage, they're going to be built to Town specifications, and we would ask the Town to take those over, once they're built pro ~erly to Town specs. And the Water Authority has just started as of August I operating that water plant for us and the plan is to turn that over to the Water Authority so that hopefully there would be no need for an association owning common assets on this parcel. If we can accomplish that... Mr. Ward: Which authority? Mr. Moore: Suffolk County Water Authority. Mr. McDonald: Didn"c Oreenport use to run that system? Mr. Moore: Oreenport ran that for awhile... Mr. McDonald: They don't run it for you anymore, do they? Mr. Moore: No. Mr. McDonald: So there's no guarantee the Water Authority will run it for you... Mr. Moore: Well they just signed a contract with us to buy that. Mr. McDonald: They're going to buy it outright? Mr. Moore: Buy it outright. Presently they're managing it and operating it. Mr. McDonald: And what has OreenpoFc said about this? Mr. Moore: That's open for question. The agreement that Oreenport had, and I think you may have that agreement in your file, if you don't I will get it for you, Oreenport chose not to incorporate this into their franchise area. That was may made back when they chose to ohly manage it. In that agreement itself, C;reenport acknowledged that their agreement and their management operational requirements will be null and void if it was turned over to the Water Authority or an authority, so they've made provision in that agreement. I don't know if they're =- Soutttold Town I~a~'dn~ Board 9 August 22. 1994 going to try to object now about that or not. Mr. McDonald: They didn't release it as their franchise then. Did they actually release it as their franchise area or just release it... Mr. Moore: I may have m~sspoken with the franchise area but they surely have made it very clear in the agreement that they would not, I don't want to say object to, but they're were clear provisions made for the Water Authority, or an authority, coming to take over that supply system. It made reference to any dedications of mains that may have gone on to them, the easements that may have been given to them, the entire nine yards would be dropped. But, I'll get you a copy of that agreement. In any event, I've talked with Ms. Spiro about talking with the Town Attorney relative to the Homeowners Association as an issue. We'd like to avoid it for a variety of reasons. Obviously, if we're going to ~ave common that will be held by the association, we understand we need to have that and we'd go that route but we're meeting with organizations right now regarding open space, the Town with the roads and the Water Authority for the supply system, so hopefully we can avoid that. Melissa and I have also spoken of a few other open items that I think we can hammer out here shortly. But other than that I want to thank you for your forbearance. Mr. McDonald: Does your client have any problem with maintaining the current name of the road? Mr. Moore: I'll ask him, I don't know. Ms. Scopaz: I'm having trouble... Mr. Moore: Sure, the question was do we maintain Sunset Ave. as the name of the road? I'm sorry, Sunset Lane. I11 ask him, I don't know. This is the first.. Mr. Ward: We'tl get you a copy on the meeting minutes, but we'd like a response to those items that were raised. Mr. Moore: Very good. I just want to thank you for your efforts on this and particularly your staff, they've been very helpful. Thank you. Mary Maus: My name ~s Mary Maus. I live at 450 Clearview Rd., Southold. If there is going to be no association, what happens to the open land? Who has jurisdiction over that? Mr. Ward: Well, normally there would be a Homeowners Association to have that. There are other options allowable within the Town. One would be where a nature conservancy or Peconic Land Trust or some conservation group could take on this responsibility. Another option is for the Town to take it, not that that's a normal option, but in some cases that happens, so there are other options to Homeowners Associations. Mary Maus: OK. · - ,~outhold Town Planning bid 10 August 22. 1994 Mr. Ward: Anyone else like to address the 'Board on Angel Shores this evening? If not, think we're in order here to close the hearing. Mr. McDonald: I make a motion to close the hearing. Mr. Mullins: Mr. Ward, before you continue, my wife wanted to know if we will get an answer to some of our concerns within the next few weeks? Mr. Ward: What you can do, we've asked the applicant to address the questions that were raised tonight and you could check in the Planning Board office to see when that's happened. Mr. Mullins: OK, fine. So there's no final decision made on this project tonight? Mr, Ward: No. Mr. Mullins: Thank you very much sir for your time and patience. Mr. McDonald: I make a motion to close the hearing. Mr. Latham: Second. Mr. Ward: Motion seconded All in favor? Ayes: Mr. McDonald, Mr. Orlowski, Mr. Latham, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. Ward: Jeanann Gray Dunlap, Martha Kent Oray and Benjamin H. Oray- This minor subdivision is for 2 lots on 5.62acres located on Fox Ave. and Sappho Rd. on Fishers Island. SCTM# 1000-6-5-15.1 Is the applicant here or the applicant's attorney? If not, is there anybody here that would wish to have anything to offer on this particular application? If not, what's the pleasure of the Board? Mr. McDonald: I make a motion to close the hearing. Mr. Orlowski: Second. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. McDonald, Mr. Odowski, Mr. Latham, Mr. Ward. Mr. Ward: Opposed? Motion carned. Mr. McDonald: I make a further motion that WHEREAS, Jeanann Gray Dunlap, Martha Kent Gray and Benjamin H. Gray are the owners of the property known and designated as SCTM# 1000-6-5-15.t, located on Fox Ave. and Sappho Rd. on Fishers Island; and WHEREAS, this proposed cluster minor subdivision is for 2 lots on 5.62 acres; 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 October 25, 1995; and WHEREAS, a final public heanng was closed on said subdivision application at the Town Hall, Southold, New York on August 22, 1994; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; be it therefore RESOLVED, that the Southold Town Planning Board approve and authorize the Chairman to endorse the final surveys dated May 9, 1994. Mr. Orlows~d: Second. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. McDonald, Mr. Orlowski, Mr. Latham, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. Ward: Willow Terrace Farms - This m~nor subdivision is for 4 lots on 8.0084 acres located on the south side of King St. and the north side of Willow Terrace Lane in Orient. SCTM# 1000-26-2-;~9.10. Is the applicant present tonight? John Wagner: The attorney for the applicant is. Oood evening. John Wagner of Esseks, Hefter and Angel, 108 East Main St., Riverhead, here for the applicant. Members of the Board, I'm pleased to be here this evening. I think that we spent some time with the Board in devising the plan that's up for approval tonight. think it addresses the concerns of all involved and I respectfully request approval of the application as presented Thank you. Mr. Ward: Is there anybody else here this evening that would like to address the Board regarding Willow Terrace Farms? If not, 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. All in favor? Ayes: Mr. McDonald, Mr. Orlowski, Mr. Latham, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. McDonald: I'd like to make a further motion that WHEREAS, Willow Terrace Farms, Inc. is the owner of the property known and Soul/told Town Ftanning Board 12 August 22, 1994 designated as SCTM# I000-26-2-$9.10, located on the south side of King St. and the north side of Willow Terrace Lane in Orient.; and WHEREAS, this proposed clustered major subdivision, to be known as Willow Terrace Farms, Inc. is for 4 lots on 7.9948 acres; and WHEREAS, a Declaration of Covenants and Restrictions will be recorded as a requirement of subdivision approval; 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 September 1;5, 199;5; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on August 22, 1994; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold will be met upon fulfillment of the conditions of approval; be it therefore, RESOLVED, that the Southold Town Planning Board grant conditional final approval on the surveys dated July 12, 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 which has been reviewed by the Planning Board and the Town Attorney must be recorded in the CounTy Clert(s office. A copy of the recorded document must be submitted to this office. In addition, the final maps must contain a notation that a Declaration of Covenants and Restrictions has been recorded This notation must include the Liber and Page Number of the recorded document. 2. Notification of the filing of the HOA for the roads and rights-of-way within the subdivision must be submitted 5, A performance guarantee in the amount of $21,500.00 must be submitted and accepted by the Town. If the subdivision improvements are to be completed without the posting of a performance guarantee, all improvements must be completed prior to any endorsement of the final subdivision map. Two (2) mylars and six (6) paper prints Of'the final map must be submitted. All maps must contain a valid stamp of Health Dept. approval, and the notation pertaining to the Declaration of Covenants and Restrictions. Mr. Latham: Second the motion. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. McDonald, Mr. Orlowski, Mr. Latham,Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. Ward: Mary Holland (Estate of Frank Dawson) - This proposal is to set off a 7,15;5 square foot parcel from an existing 14,300 square foot parcel located at Jackson St. and Third St. in New Suffolk. SCTM# 1000-117-9-19.1. Is the applicant or agent here this evening? Is there anybody present that would like to present anything to the Board regarding this particular project? If not, what's the pleasure of the Board? Mr. Orlowski: Mr. Chairman, I'd like to make a motion that WHEREAS, Mary Holland is the owner of the property known and designated as SCTM# 1000-117-9-19.1, located at the northwest corner of Jackson St. and Third Ave., New Suffolk; and WHEREAS, this set-off to be known as set-off for Mary Holland is to set off a 7,153 square foot parcel from an existing 14,300 square foot parcel; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, declared itself lead agency and issued a Negative Declaration on March 28, 1994; and WHEREAS, a variance was granted ~)y the Zoning Board of Appeals on February 2, 1994; and WHEREAS, a final public hearing was closed on said application at Town Hall, Southold, New York, on August 22, 1994; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; and, be it therefore, RESOLVED that the Southold Town Planning Board approve and authorize the Chairman to endorse the final survey dated March 31, 1994. Mr. Ward: Before we take a second on this motion I'd like to have a motion to close the hearing. Mr. Orlowski: So moved. Mr. McDonald: Second. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. McDonald, Mr. Orlowski, Mr. Latham, Mr. Ward. Mr. Ward: Opposed? Motion carried. Now we go on to this resolution. Do we have a second? Mr. Latham: Second Mr. Ward: All in favor? Ayes: Mr. McDonald, Mr. Orlowski, Mr. Latham, Mr. Ward. ,~ Southold Town Planning Board 14 August 22. 1994 Mr. Ward: Opposed? Motion carried. Mr. Ward: Andrew Cassidy & Sons - This proposal is to set off a 4.5151 acre parcel from an existing 62.5829 acre parcel located on the west side of Main Road (NYS I~t. 25) and the south side of Albertson's Lane in Oreenport. SCTM# I000-52-5- 59.$ & 59.4. (change tape). Is the applicant here tonight? OK, the agent is here. Henry Raynor: Good evening Mr. Chairman, members of the Board. My name is Henry Raynor, representing the Cassidy's. This division set off you have before you ~s basically to allow a use on the LI property, 4.5 acres, from the remaining residential farm. This action was begun before your Board in November of ~ 992 and we received a Negative Declaration from your Board in March of 199:5. There's been considerable back and forth, discussion and correspondence in regard to the covenants and restrictions on the property and finally we received approval from the Suffolk County Dept. of Health Services at the end of 1995. In July of ~ 994 we received the final approval from Suffolk County as well as the County Attorney's office with regard to the property. I believe your Board is in possession of the signed, stamped, working copy from the Dept. of Health. As of yet, the mylars and the paper prints have not been returned to us; we weren't in possession of those until last Saturday. We're aware the Board is still in need of those and we'l probably be able to produce those within a week. If you have any questions, I'd be ha ppy to answer them. Mr. Watch Is there anybody here that would like to address the Board on this particular set off? If not, I think everything is in order to close the hearing. Mr. McDonald: I move to close the hearing. Mr. Latham: I second that. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. McDonald, Mr. Orlowski, Mr. Latham, Mr. Ward Mr, Ward: Opposed? Motion carried. Mr. McDonald: I make a further motion that WHEREAS, Andrew Cassidy & Sons are the owners of the property known and designated as SCTM# 1000-52-5-59.5 & 59.4 located on the west side of Main Rd. (NYS Rt. 25) and the south side of Albertson's Lane in 0reenport; and WHEREAS, this proposed set off is to set-off a 4.51;51 acre parcel, located in the L.I. Zoning Bistrict, from an existing 62.5829 acre parcel located in the R-80 Zoning District and the LI. Zoning District; 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 Apdl 12, t993; and Soul:hold Town Planning Board 15 Augusl: 22, 1994 WHEREAS, a fina public hearing was closed on said subdivision application at the Town Hall, Southold, New York on August 22, 1994; 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 August 5, 199;5, and authorize the Chairman to endorse the final surveys subject to fulfillment of the following conditions. Al conditions must be met within six (6) months of the date of this resolution: Submission of six (6) paper prints and two (2) mylars of the final subdivision. All maps must contain a valid stamp of Health DepL approval and a notation that a Declaration of Covenants and Restrictions has been filed The notation must include the Liber and Page Number of the recorded declaration. Mr. Latham: Second the motion Mr. Ward: Motion seconded. All in favor? Ayes: Mr. McDonald, Mr. Odowski, Mr. Latham, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. Ward: Demetrios A. Tetris and Goose Creek Associates, .nc. - This lot line change is [o subtract 2,914 square feet from a 48,65;5 square foot parcel owned by Demetrios A. Tetris and add it to a ;58,:5:52.8 square foot right of way owned by Ooose Creek Associates, Inc. located in Southold. SCTM# 1000-78-8-21 and 1000- 79-2-;5.8. Is the applicant here or agent of the applicant, that would tike to address the Board? Tony Lewandowski: I was asked by the applicant to appear here and answer any questions you might have. Mr. Ward: Is there anybody here this evening that would like to address the Board on this particular lot line change? If not, I think even/thing is in order to close the hearing. Mr. Orlowski: So moved. Mr. Latham: Second. Mr. Ward: Seconded. All in favor? Ayes: Mr. McDonald, Mr. Orlowsld, Mr. Latham, Mr. Ward. Mr. Ward: Opposed? Motion carried. What's the pleasure of the Board? < So~thold Towrt Planning Board 16 August 22. 1994 Mr. Orlowski: I make a motion that WHEREAS, Demetrios A. Tetris anc~ Goose Creek Associates, Inc. is the owner of the property Known and designated as SCTM# 1000-79-2-3.7 and 78-8-2~, located on the west side of North Bawiew Rd. in Southold; and WHEREAS, this proposed lot line change is to subtract 2,914 square feet from a 48,653 square foot parcel owned by Demetrios A. Tetris, and to add it to a 38,$$2.8 square foot right-of-way owned by Goose Creek Associates, Inc., in Southold; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, declared itself lead agency and issued a Negative Declaration on July 11, 1994; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on August 22, 1994; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; be it therefore, RESOLVED, that the Southold Town Planning Board approve and authorize the Chairman to endorse the final surveys dated April 12, 1994. Mr. Ward: Is there a second? Mr. Latham: Second Mr. Ward: Motion seconded. All those ~n favor? Ayes: Mr. McDonald, Mr. Orlowski, Mr. Latham, Mr. Ward. Mr. Ward: Opposed? Motion carried. MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES AND SET OFF APPLICATIONS Final Determinations Mr Ward: Nina Stevens & Joseph Hannabury, et al - This lot line change consists of 2 applications that a re being reviewed concurrently for Nina Stevens and Joseph Hannabury, et al. It is located on the north side of Oregon Rd.; approximately 150 feet east of Cox Lane in Cutchogue, SCTM# 1000-83-2-8 & 11. What's the pleasure of the Board? Mr. Latham: I offer this resolution. Be it resolved that the Southold Town Planning Board authorize the Chairman to endorse the final surveys dated June 1, 1994. Conditional final approval was granted on July 11, 1994. All conditions have been fulfilled. Mr. Orlowski: Second. Southok] Tovm Planning Board 17 A~ust 22. 1994 Mr. Ward: Second to the motion. All in favor? Ayes: Mr. McDonald, Mr. Orlowski, Mr. Latham, Mr. Ward. Mr. Ward: Opposed? Motion carried Setting of Final Hearings Mr. Ward: Harbor Park Homes - This major subdivision is for 5 lots on 9.04 acres located on the west side of Harbor Lane; 675 feet south of Main State Rd. in Cutchogue. SCTM# 1000-97-6-17 and 105-1-20.5 & 20.6. What's the pleasure of the Board? Mr. McDonald: Mr. Chairman I make a motion that the Southold Town Planning Board set Monday, September 12, 1994 at 7:50 p.m. for a final public hearing on the maps dated July 27, 1994. Mr. Latham: Second the motion. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. McDonald, Mr. Orlowski, Mr. Latham, Mr. Ward: Mr. Ward: Opposed? Motion carried. Mr. Orlowski: Note that I abstain for reasons previously g ~ven. Sketch Determinations: Mr. Orlowsld: I make a motion that the Southold Town Planning Board grant conditional sketch approval on the maps dated March 14, t 994, with the following condition: 1. Sketch plan approval is conditioned on receipt of 280-A access approval. Mr. Latham: Second. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. McDonald, Mr. Orlowski, Mr. Latham, Mr. Ward Mr. Ward: Opposed? Motion carried. Mr. Ward: Barbara B. Dow - This minor subdivision is for 2 lots on 4.99 acres located approximately 1,450 feet north of Main Road on a r-o-w located 2,600 feet west of Young's Road in Orient. SCTM# I000-17-2-6. What's the pleasure of the Board? Sou[hold Town ~lannin~ ~oard 18 Au~u~ ~. 1994 Mr. Ward: Andrew Krupski - This minor subdivision is for 2 lots on :50,799 square feet located on the west side of Town Harbor Lane in Southold. SCTM# 1000-64- 5-12 & 15. What's the pleasure of the Board? Mr. McDonald: Mr. Chairman, I make a motion that the Southold Town Planning Board start the lead agency coordination process on this unlisted action. Mr. Orlowski: Second Mr. Ward: Second. All in favor? Ayes: Mr. McDonald, Mr. Orlowski, Mr. Latham, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. McDonald: make a further motion that the Southold Town Planning Board grant sketch approval on the map dated July 29, 198;~ with the following conditions: 1. The final map is to be prepared at a scale of I inch = 100 feet. 2. The final map must show building envelopes in conformance With the April 27, t985 decision of the Zoning Board of Appeals, Mr. Orlowski: I11 second it, Mr. Ward: Motion seconded. Al in favor? Ayes: Mr. McDonald, Mr. Orlowski, Mr. Latham, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. Ward: Sophie Stype - This proposal is to set off a 2.161 acre parcel from an existing 54 acre parcel located on Oregon Rd. and Alvah's Lane in Cutchogue. SCTM# 1000-95-1-7. What's the pleasure of the Board? Mr. Latham: I11 offer this resolution. Be it resolved that the Southold Town Planning Board grant sketch approval on the map dated May 27, 1994. Mr. Orlowski: Motion seconded. All in favor? Ayes: Mr. McDonald, Mr. Orlowski, Mr. Latham, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. Ward: Wildberry Fields - This proposed major subdivision is on the south side of Sound View Ave. and the north side of County Rd 48 in Southold. SCTM# 1000-51-:~-12.2 & 12.4. The first order of business would be to resolve that the Southold Town Planning Board 19 August 22, 1994 Southold Town Planning Board start the lead agency coordination process on th~s unlisted action. Mr. Orlowski: Second. Mr. Ward: It's seconded. All in favor? Ayes: Mr. Orlowski, Mr. Latham, Mr. Ward Mr. Ward: Opposed? Mr. McDonald: I'm opposed. Mr. Ward. One opposed, Motion carried, Be it further resolved that the Southold Town Planning Board accept the standard yield map dated July 19, 1994 showing a total of 10 lots for the proposed purposes of determining density for the proposed subdivision, and be it further resolved that the Southold Town Planning Board grant sketch approval on the map dated July 19, 1994 with the following conditions: I, Items #2 and 3 of James A. Richte¢s report dated August 12, 1994 must be addressed in a matter satisfactory to the Planning Board, Engineering Inspector and Superintendent of Highways. What's the pleasure of the Board? Mr. Orlowskh Second. Mr Ward: Second. All in favor? Ayes: Mr. Orlowski, Mr. Latham, Mr, Ward. Mr. Ward: One opposition? Mr. McDonald: Opposed. Mr. Ward: OK, motion carried Mr, Ward: Bawiew at South Harbor - A proposed clustered subdivision. Be it resolved that the Southold Town Planning Board start the lead agency coordination process on this Type I action. This action is classified as a Type I action since it is located within 500 feet of a critical environmental area. Is there a second? Mr. Orlowski: Second. Mr. Ward: All in favor? Ayes: Mr. McDonald, Mr. Odowski, Mr. Latham, Mr. Ward. Mr. Ward: Opposed? Motion carried. Be it further resolved that the Southold ~oul:hold Town PI;nnJng Bo;rd 20 AuousL 22. 1994 Town Planning Board accept the standard yield map dated August 19 showing a total of 9 lots for the purposes of determining density for the proposed subdivision; and be it further resolved that the Southold Town Planning Board grant sketch approval on the ma p dated August 19, 1994 with the following condition: The Planning Board has determined that the yield of the 17.5 acre parcel is 9 lots. The 2 lot m~nor subdivision has been designed as a clustered sub- division with variable lot sizes. Proposed lot #I will not be further sub- divided as it contains some of the open space created by reducing the s~ze of the other 8 lots. In addition, should proposed [or #2 be subdivided in the future, the yield of the proper~y shall be a maximum of eight clustered lots as determined by the August 19, 1994 yield plan for the entire property prior to the 2 lot minor clustered subdivision. The Declaration of Covenants and Restrictions shall be filed prior to any fina approval of the subdivision including the above mentioned condition. In addition, the above mentioned condition shall be noted on the final sub- division map and the final map must show the agricultural easement being proposed by the applicant. Is there a second? Mr. Orlowski: Second. Mr. Ward: All in favor? Ayes: Mr. McDonald, Mr. Orlowski, Mr. Latham, Mr. Ward. Mr. Ward: Opposed? Motion carried. Sketch Extensions Mr. Ward: John & Margaret Guest - This minor subdivision is for :5 lots on 1;5.7 acres located on the west side of Crescent Ave. on Fishers island. SCTM# 1000-6- 1-5. What's the pleasure of the Board? Mr. Orlowski: I make a 'motion that the Southold Town Planning Board grant a six month extension of sketch approval, retro-active from May 50, 1994, to November :50, 1994. The Planning Board has granted this extension due to the delays caused by the requirements of the New York State Department of Environmental Conservation for a State II Cultural Resource Survey. Mr, Latham: Second the motion. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. McDonald, Mr. Orlowski, Mr. Latham, Mr. Ward. Mr. Ward: Opposed? Motion carried. ~ Southold Town Planning Board 21 August 22. 1994 Review of Reports: Engineering Mr. Ward: Nina Stevens - This approved subdivision is for 5 lots on 24 acres; located on Oregon Rd. in Cutchogue. SCTM# '1000-83-2-10. What's the pleasure of the Board? Mr. Orlowski: I make a motion to adopt the Engineering Inspector's report dated January 14, 1994 and July I, 1994. Mr. Latham: Second. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. McDonald, Mr. Orlowski, Mr. Latham, Mr. Ward. Mr. Ward: Opposed? Motion carried. Review of Reports: Bonds Mr. Latham: I'd like to offer this resolution. Be it resolved to adopt the revised bond estimate dated July 19, 1994, and to recommend same to the Town Board. The revised bond estimate is in the amount of $111,450.00. Mr. Odowski: Second. Mr. Ward: Second to the motion. All in favor? Ayes: Mr. McDonald, Mr. Orlowski, Mr. Latham, Mr. Ward. Mr. Ward: Opposed? Motion carried. MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANOES, SET OFF APPLICATIONS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Lead Agency Coordination Mr. Ward: Sophie Stype - SCTM# I000-95-1-7. What's the pleasure of the Board? Mr. Orlowski: I make a motion that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, start the coordination process on this unlisted action. Mr. McDonald: Second. Mr. Ward: Charles Simmons - This approved minor subdivision is for 5 lots on 57.7 acres on the north side of Sound Ave. in Mattituck. SCTM# 1000-112-1-8.2. What's the pleasure of'the Boa rd? Soul:hold To~n I:~arlning Board 22 August: 22, 1994 Mr. Ward: Motion seconded. All in favor? Ayes: Mr. McDonald, Mr. Orlowski, Mr. Latham, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. Ward: Mar,qaret Best and Adlyn Syverson - This existing l .:~ acre parcel with two dwellings is to be divided into two lots, each having one of the dwellings. SCTM# 1000-'12:~-6-~ 7. Mr. McDonald: I make a motion that the Southold Town Planning Board start the coordination process on this Type ~ action. Mr. Latham: Second the motion. Mr. Ward: Motion seconded All in favor? Ayes: Mr. McDonald, Mr. Orlowski, Mr. Latham, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. Ward: Henry L. Kin,q & Margaret O. Kin,q and Susanna yon der Schulenburg - This lot line change is to subtract 0.75 acres from a 4.2'1 acre parcel and add it to a :~.24 acre parcel located on Fishers Island SCTM# 1000-5-2-10.8 and 10.9 Mr. McDonald: Mr. Chairman, I make a motion that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, start the coordination process on this Type I action because the property is located on Fishers Island. Mr. Orlowski: Second. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. McDonalct, Mr. Orlowski, Mr. Latham, Mr. Ward. Mr. Ward: Opposed? Motion carried. Final Environmental Impact Status Mr. Ward: Macari at Laurel - Board to review the additional information submittecl for the Final Environmental Impact Statement to determine completeness. SCTM# ~000-~121-4-9. Is there anybody here that woul~t like to address the Board this evening? Pat Moore: Thank you. Pat Moore from the office of Moore and Moore. We ~ .~OUUlold Town Plann;ng Board 25 AugusL 22, '1994 represent the Laurel Lake Civic Association and most of the homeowners are here tonight to present themselves to the Board We have been retained to assist the Civic Association in reviewing the SEQRA process. Our role is to assist them to make sure the Planning Board, as lead agency have all the information which is necessary to make an informed decision on the Macari subdivision. Two significant issues have been raised throughout the SEQRA process and we believe that these issues have not been adequately addressed. The first issue is the significance of the archeological. Originally there was a Phase 1 study done which identified throughout the subdivision, archeological artifacts. From that, the applicant then submitted a Phase 2 study which is to assist the Board in making a determination in whether or not there is significance. In that Phase 2 stUdy the consultants took a bulldozer, made two large ditches and came to a conclusion that there were no artifacts whatsoever. Based on the October 2, 1991 letter from the New York State Office of Parks, Recreation and Historic Preservation, they had been apparently prior to this Phase 2 study, hac~ been sent a letter by the applicant's consultant asking for a recommendation on how best to proceed with this study. They came back with a recommendation of six cuttings and shovelfuls that are within 5 meters apart; it's the October 2 letter. That letter apparently was completely ignored because the study ultimately did not do any of the recommended shovel cuttings that the Parks, I~ecreation and Historic Preservation had recommended. Apparently from the record it does not look like that Phase 2 study has been sent to the New York State Office of Parks, Recreation and Historic Preservation, and we would ask that the Board be sure to do that because certainly the Board does not have the archeological expertise to review what has been done. We feel that they are an agency that is there for your use and can make a very good recommendation The second ~ssue which has been addressed throughout, however, it was not adequately addressed, is the issue of the flora and fauna in the Laurel Lake vicinity. The bEtS and FEIS mention that there are seven rare plant species that have been located within that area, or have been identified in that area. However, they were unable, by their botanist, to identify any. They don't specify who the botanist ~s, what qualifications that botanist has, and if in fact whether there was an actual inventory of the property and what time of the year that was conducted. We have referred the study in the FEIS and DEIS to Dr. Lamont and I have a review that was done by Dr. Lamont who is a noted botanist, has written extensive literature, has prepared species lists for the DEC as well as numerous consultants. He has reviewed it and had made certain recommendations and I'd like to present that to the Board and ask that you ~ncorporate that in your ultimate determination whether or not the FEIS is adequate and complete. (Submitted Dr. Lamont's report) A couple of the points he raises. The vicinity of the Laurel Lake area, he had done an extensive research at one point or another for his literature and he identified three rare and endangered species of plant life that apparently the applicant's botanist never identified. It's unlikely that he would find these rare species on the north side of the lake and not find them in the area of the Macari subdivision. Secondly, very few botanists are qualified to recognize such rare species at the time of the year, it's very important to do this ~nspection at the right time of the ~ SouLhold Toarn Planning Board 24 Augusl: 22, 1994 year, ideally It would be now to go and do a site inspection. We would certainly recommend to the applicant and suggest that you recommend to the applicant that Dr. Lamont or someone of equal qualifications be asked to review the property and identify whether or not rare species do exist. The study which had been done in the DEIS and FEIS does not map where the inspection took place, who conducted the inspection. There was no effort at all to identify any species. We believe that in the SEQRA process issues like these should properly be addressed through a supplementa ElS. Ideally, these kind of issues in the supplemental would then be subject to review by other agencies to give you additional expertise. To do it at this stage as part of the FEIS is certainly better than nothing but is really not the best process for an adequate rewew and to make the proper decision that you will ultimately be asked to make. Thank you very much for considering our comments. Peter Danowski: Interestingly enough I would just question the Board with regard to procedure here. It seems to me that the DEIS was accepted as complete, it was distributed out pursuant to SEQRA, the public comment period is over. The FEIS was submitted, we paid the Town required fees for the Town's consultant to review the FEIS. Reports were made. The Planning Board sent me communications. We revised the DEIS based upon those communications. Further revision was suggested and we supplied additional information. At some point the process has to end I certainly don't mind and object to Mrs. Moore making the comments she made from the viewpoint of attending this meeting with her clients and addressing the Board. But from a legal standpoint, I do object to them being made part of the record with regard to anything that relates back to the DEIS which is accepted as complete and distributed and relates to the FEIS when the public comment period has been over. What stage we're at now is to accept the FEIS and for this Board to thereafter distribute the FEIS and make a finding statement. With regard to any comments that may be contained in recommendations in the previous report from the consultant, he very correctly noted that there weren't any remaining issues of great substance other than one. With regard to that, we submitted further reports and I think the real main question becomes, what happens with every piece of agricultural land or former agricultural land, there's always a question raised about pesticides or nitrate loading. And that is normally resolved through the routing of the Suffolk County Health Dept. As you know, when you go through the subdivision process, we have to comply with Article 6, we have to go and submit a formal application to the Health Dept. and we have to comply with their standards, which include pesticides. If we can't comply we have to then follow their regulations on the approval process with that department. So it seems to me it's time to put the environmental process at an end, accept the FEIS and distribute out the FEIS to everyone, including Mrs. Moore, and make a findings statement. We're prepared to move forward. We're going to move forward with this application. If you look at all the subdivisions you've approved during the pending application of Mr. Macari, you'll find you've never required the items you're now suggesting that should be required on this particular subdivision. I think the man's name across the street is Thornton Smith. He had a major subd ivision approved. He went through the process, probably at a parallel period of time. I recognize we're on Laurel Lake, I recognize the beautiful area, I recognize that certainly any neighbor, and they have attended other meetings, ~ '~ Sout~o~ To~n I~anning Board 25 A. ugu~ 22. '1994 would love to have the area not developed. That certainly I understand and I appreciate. Certainly if it's prevented from being developed, which appears to be the track that this application is found, my client has to be compensated for it and that hasn't happened to date, And if you're going to stop us from building, someone is going to pay. Thank you. Mr. Ward: Anybody else that would like to address the Board? Oreg Blass: Mr. Chairman, I know the microphone's not working so Ill speak briefly. appeared here as the legislator that represents this area on the Suffolk County Legislature. And I realize that my comments have to be phrased carefully because of the limited role that a Planning Board has in an application like this, andthe relevance of all the comments that have to be made to it. only wish to bring forth to you that the fragility of this parcel that is suggested for this subdivision is of paramount importance to the public's concern that the Laurel Lake region is really the last deep water reserve in the Town of Southold, in the entire town. I would invite to the Board's attention that though there has been publicity that undoubtedly has come before this Board's attention, that the County is listing this as a priority, the fact is from my perspective that the County is walking away from major responsibilities ~n addressing open space preservation on the east end. Now I only invite to the Board's attention the unfortunate chain of events that led to Robins Island. to the unfortunate chain of events that led to the inability of the County to go through with Fort Corchaug. All this may or may not even be relevant to what the Board has to take into consideration in this application. But what is relevant is that the environmental fate of Laurel Lake may ultimately and finely rest only, and unfortunately only, with this Board. And I say unfortunately because greater authorities should be taking an interest but aren't and therefore it's of pa ramount importance and I respectfully suggest that there is underscored here a very important fact and that is that what decisions you make need the most updated information as possible. You have had this application for quite some time now and everything you do may be all that is done with respect to the future of this very sensitive parcel. And that's really all I wanted to say. Thank you. Mr. Ward: Anybody else that would like to address the Board on Macari at Laurel Lake? If there's no further comment I would like to offer a resolution this evening. WHEREAS, the Southold Town Planning Board has reviewed the additional information prepared by Richard A. Jackson, which was submitted by Peter S. Danowski, Jr. on May 25, 1994 for consideration by the Planning Board in determining the acceptability of the Final Environmental Impact Statement; and WHEREAS, the Planning Board's environmental consultant, Cramer, Voorhis & Associates, has also reviewed the above mentioned information; and WHEREAS it has been concluded that the additional information is inadequate for purposes of completing the Final EtS as described in the report dated August I, 1994 from Cramer, Voorhis & Associates; be it therefore RESOLVED that the Planning Board deem the additional information incomplete for purposes of completing the Final ElS. ~ ~' Southold Town Planning Board 26 Augus~ 22. 1994 BE IT FURTHER RESOLVED that due to the length of time that has passed since the Draft ElS was deemed complete (June 4, 1991), the Final ElS was initially submitted (April 2, 1992) and the additional information for the Final ElS was submitted (August 18, 1993 and May 26, 1994), the Planning Board will conduct a comprehensive review of the entire Final ElS. This review is necessary to ensure that the document is reflective of current site and area conditions and is responsive in add ressing comments on the Draft ElS in view of current conditions. The Planning Board is ultimately responsible for the content, accuracy and adequacy of the Fina ElS and due to the inordinate delay in receipt of Fina ElS submissions finds that comprehensive document review is necessary to determine acceptance. Mr. Orlowski: Second. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. Orlowski, Mr. Latham, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. McDonald: I abstain. Tape malfunctioned. The following Is reconstructed from notes taken by Melissa Spiro at the meeting. SITE PLANS Final Determinations: Petrol Stations: - This site plan is to remove and relocate existing driveway and reconfigure parking area on a 5.8 acre site located on Rt. 25 in Cutchogue. SCTM# 1000-109-1-25 The final determination and the SEQRA determination were held over until the September 12th meeting. SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Determinations Vincent Gera,qhty - This site plan is for the construction of a 4,800 square foot boat sales service and office building with outdoor boat display area, in Arshamomaque. SCTM# 1000-56-4-15.3, 15.4 & 14 The applicant's attorney, David Yudelson asked the Planning Board to postpone the SEQRA determination. He explained that he had recently been retained by the applicant, and had not had sufficient time to familiarize himself with the file. The Planning Board members discussed the request with Mr. Yudelson They explained the options the applicant had; to proceed with t~e application as is, or To withdraw the application and to present a new revised application. ~ ~? SouUx)ld Town I~annin0 goard 27 AuGu~ 22, 't994 determination had peen made. Therefore, what was to be gained by postponing the determination? The Chairman stated that the Planning Board was in a position to proceed with the SEQRA determination that evening. After the discussion, the Board decided to grant Mr. Yudelson's request by postponing the SEQRA determination until September 12th, the next Planning Board meeting. They noted that if the applicant wished to postpone the decision To a later date, a written request would be required. LOCAL LAW PROPOSALS Local Law in Relation to Wineries. Planning Board voted to send comments To the Town Board. APPROVAL OF PLANNING BOARD MINUTES Planning Board voted to approve the May :~, 1995, October 25, '995 and July 11, 1994 minutes. There being no further business to come before the Board, the meeting adjourned at 9:00 p.m. Richard O. Ward, Chairman Respectfully submitted, Martha Jones Secretan/ RECEIVED AND FILED BY i'I-LE SOU?HOLD TOWN Cg~K Town Cleric, Town of Sonihold