Loading...
HomeMy WebLinkAboutPB-12/12/1994PLANNING BOARD MEMBERS Richard G. Ward, Chairman George Ritchie Latham, Jr. Bennett Orlowski, 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 December 12, 1994 MINUTES Present were: Richard G. Ward, Chairman Bennett Orlowski, Jr. G. Ritchie Latham Kenneth Edwards Mark McDonald Valede Scopaz, Town Planner Melissa Spiro, Planner Robert G. Kassner, Site Plan Reviewer Martha A. Jones, Secretary Mr. Ward: Good evening, I'd like to call the December 12, 1994 Southold Town Planning Board meeting to order. The first order of business is the setting of the next Planning Board meeting. Board to set Monday, January 9, 1995 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. Edwards: So moved. Mr. Ward: Moved. Mr. Orlowski: Second. Mr. Ward: Seconded. All in favor?. Ayes: Mr. McDonald, Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Ward. Mr. Ward: Opposed? Motion carded. Southold Town Planning Board PUB LIC HEARINGS December 12, 1994 Mr. Ward: 7:30 p.m. Cove Beach Estates - This major subdivision is for 34 lots on 98.27 acres located on the north side of Main Road; 1776 feet east of Stars Road in East Marion. SCTM# 1000-22-3-15.1 & 18.3. Is the applicant here, or agent? Charles Cuddy: I'm Charles Cuddy. I appear on behalf of the owner who is Raoui Witeveen who is here tonight. Also with us are a number of people; Young & Young represented by Ken Abruzzo, Joe Fischetti, the engineer and John Halsey and Tim Caufield from the Peconic Land Trust. This application has been before the Board for a number of years. It's had, as you know, several' different owners. Mr. Witeveen is the current owner and he has complied with the Board's requirements to get to this point. This is a property that has had not only a Board of Review headng on several occasions with the Health Department, but had been the subject of a Supreme Court action. We, at this point in time, have received the Health Department approval and we have DOT approval and we believe that it's appropriate for the Board to go forward with the 34 lot subdivision. We've set aside a great many acres for open space and park and recreation and the subdivision I believe meets all the requirements that the Board has. And for that reason we would ask the Board give us conditional final approval subject to, among other things, to posting a performance bond and to complete a certain lot line application with the owner (inaudible). Mr. Ward: OK. We are in receipt of a letter from counsel William Moore representing Gazza-Lettieri on the property to the east and that letter will become part of the record and will be made available to the applicant. Is there anyone else that would like to be heard this evening regarding this proposed subdivision? Joseph Gazza: Good evening members of the Board. My name is Joseph Frederick Gazza. I live at Ogden Lane' in Quogue and I'm an adjacent property owner to the east. The Board may be aware that I've appeared before you at least a dozen times, maybe more, in connection with my proposed development which is runn ng simultaneously with the Cove Beach Development. As their development has been through a most likely 10 year review process, so has mine. By mine, I am talking about the Andrew Lettieri and the Joseph Frederick Gazza parcels as one. The key issue in the development of the Letfieri-Gazza property has always been the access issue and it has been my position that a coordinatedplan of access should be accomplished with the two developments, since they are adjacent properties, since they share similar problems and since they both have only 50 or 60 feet of frontage on the Main Road. I had outlined in a previous letter to this Board back in March of 1992, I'll provide the Board with a copy at this time -- the reasons for the coordination of access, reasons that I did not come up with by myself, but reasons that the Town of Southold Town Trustees determined were important for eliminating two roads side by side or eliminating a crossing of a wetland area with a roadway or a bridge, for aesthetics. For reasons that the New York State Department of Environmental Conservation responded to about the non-necessity of having two roads in excess of 1400 feet, side by side. The DEC clearly made the point that there shou Id be coordinated access, a coordinated road system. There should be planning between the two developments. I have been unsuccessful in negotiating with the property owners up to now, that may change now I'm not sure, but the pdor owners, Mr. Harold Reese and others, I've Southold Town Planning Board 3 December 12, 1994 never been successful in negotiating with them for a coordinated access. My background in real estate and planning subdivision precess, I have never seen an instance where a Planning Board could look at two maps side by side and know full well that on map is very difficult to develop with the access that it has, if not impossible, and not coordinate access between the two maps. I spent a little while this afternoon at the County Center in Riverhead and I ren out every subdivision map that this Board has approved in the last l~ve years. And I studied every single map. And I'd like to report to the Board that, I had a roll of quarters making photocopies of maps where the Planning Board looked at a parcel, determined that for coordination between this parcel and adjacent lands that an access spur should be provided. It's a normal, ordinary planning point. I'll start with the map of West Mill subdivision for M. Paul Friedberg, where the Board set forth a road leading to additional lands off of the -- well, let's see, it's your file number~9539, July, 20, 1994. You may be familiar with that one. If I could present these maps to the Board? We have a second subdivision map known as the Southold Villas. Your filed map number9237 in which Jasmine Lane was provided to continue into adjacent properties to future access with coordination in mind. We have the map of August Acres in which a spur road known as the Sage Spur was provided in the subdivision specifically to connect, into future property, and it was labeled as Sage Spur, the adjacent property was the~land of Sage. The map of Thomas MacKenzie filed number 9001, wherein the Board provided a 50 foot right of way to connect into the land of Latham Farms. The map of Highpoint Meadows, number 8912 It's an interesting one, the Board provided a cul-de,sac at the .perimeter of the map and called it the Tuthill Road extension with the prevision that the cul-de-sac turn around was to be eliminated when the road continued into the adjoining development. The map of Chardonnay Woods at Southold, where the Planning Board also sougl3t then to extend a road through open space land, the access for a read, through open space to be preserved, in order to connect it to the lands of Sawicki, which were undeveloped, an acreage parcel adjacent. That was filed map 8822. There's been a longstanding, prectice of this Board to follow proper zoning and planning principles to provide for future development, to coordinate developments when possible. And I think that that step in connection with these two subdivisions, that of Gazza-Lettieri and Cove Beach Estates, has not been fully:completed by the Board and I was hoping that the Board may reflect on your past prectices, on the law, and on the fact that you have adjacent property owners who have been before you for eight years focusing on the same issue, asking the Board for your consideretion to provide an access spur and I appear before you this evening, I know it's the final application of this map, but my request is the same and I would hope that the Board would consider such an access spur to eliminate the problems that will develop with uncoordinated development of these two properties. Thank you. Mr. Ward: Anyone else like to address this particular project? Mr. Cuddy: I would like to address Mr. Gazza's remarks. He wanted you to reflect on the law from the past. I didn't hear any law, and I don't think there is any to say that a neighboring property has the right to go over your property, which is what he proposes. But I'd like to review the facts with you a little bit because I don't think that they were Southold Town Planning Board 4 December 12. 1994 fully,laid out. Mr. Gazza bought this piece of property a number of years ago. He has not gotten yet to an Environmental Impact Statement, and ifs been more than eight years since he's owned the property. His parcel is apparently five separate minor subdivisions that he's trying to get this Board in one point or another to approve. He hasn't gotten really out of the environmental area yet and he does not have in fact before you, and actual subdivision. He's got a proposal. We're done effectively with our subdivision map. VVhat he's asking is that you hold up our map so that something can be done with his map. I know of no principle that says you must (inaudible) your neighbors property with the imposition of a so called spur. There's none at law, and Mr. Gazza has not cited any law. Quite frankly, what Mr. Gazza is really asking this Board to do is not good planning. Because if it was good planning, Mr. Gazza could have stood up here and said, I want one road, you can use my road. But I haven't heard that offer because we're not going to hear that offer, because Mr. Gazza has a problem with his property, but he forgets to tell what the problem is and the problem is that it's fragile. Of course, you know that it's fragile. And what he did was he created a hardship. He bought a piece of property, it wasn't good, and he wants us, the neighboring property to assist him at this point:, and that's just wrong to do. There's no question of good planning, puffing a spur. That's nonsense to give you all sods of spur related maps. Spurs are often done, but this isn't a spur. This is taking Mr. Gazza out of a problem and putting him across our property and doing it at the last moment. All this is tonight is a question of leverage and the Board shouldn't lend itself to this type of (inaudible). Thank you. Mr. Ward: Any further comments? Mr. Gazza: I'd like to respond, if I may? Mr. Ward: If you could make it bdef it would be appreciated. Mr. Gazza: Thank you Mr. Chairman I don't know if the Board can see the subdivision map from this distance but -- have you had an opportunity to review the map, ~Mr. Cuddy? -- it's easy to discern that the Cove Beach Road and the Gazza- Lettied Road is running through land that is not environmentally sensitive for a distance of approximately 1400 feet, side by side. Absolutely two side by side roads. I have no problem, and neither does Mr. Lettied with using either the Cove Beach Road or the Gazza-Lettied road. We'd be very happy to use just one. This is just improper to have two reads side by side. Now, we'll offer our read and we have offered to the pdor owners, Mr. Reese, to share 50/50 in the construction of the road, in one road. And that offer was extended to the new owner. We're not here to get something for nothing. We're here to work on a coordinated plan and to share equitably for the benefit of both properties, the value of the properties and Southold in particular, by eliminating two roads side by side. Now, the peninsula portion of the Gazza-Lettied development, does need an access spur. And it needs it just like those other subdivisions, which I gave the Board copies of, needed an access spur. And we'll pay for that also. I will offer land, money or road improvements for that access spur. I am here, and I am here on behalf of Mr. Lettied, to work with my neighbor, financially and physically to accomplish something that's best for both subdivisions. As far as the comments pertaining to the subdivision application, we have applications which are pending. Our fees have been paid; they've Southold Town PJanning Board 5 December 12. 1994 been pending for years. They're actual subdivision applications. We have gone into the SEQR process. We have had a Scoping Session with Chic Voorhis, who was compensated, who represents the Town. At that Scoping Session it was determined that an alternate access over the wetland area must be accomplishe(~ in order to proceed. We cannot cross that wetland area without creating impacts which were, in the opinion of the Town's environmental consultants, too severe to handle. Therefore, we cannot proceed under SEQR. We can do an impact statement, we've discussed it. We've had consultants, we've retained En-Consultants, Mr. Roy Haje, but we cannot proceed unless alternate access is provided. That's why we have not proceeded under our SEQR and submitted a DEIS. If we have an access spur, a DEIS will follow. Thank you Mr. Chairman. Mr. Ward: Is there anyone else here that would like to address this particular application? Mr. Russell: My name is Mr. Russell and we own the adjacent property to the west. We're entirely in favor of the 34 acre set up. That's all I have to say. Thank you. Mr. Cuddy: I would like to make just one point to the Board. We have DOT approval. Mr. Gazza and Mr. Lettied do not have DOT approval. We have a read that we can go over; despite what he says, Mr. Gazza can't go over his read and I think that should very much be part of the record. Mr. Ward: Is there anyone else here this evening that would like to address the Cove Beach Estates subdivision? If not, I believe then that all is in order to close the headng. Mr. McDonald: Mr. Chairman, I make a motion to close. Mr. Odowski: Second. Mr. Ward: Motion seconded. All in favor? Ayes: Mr. McDonald, Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. Ward: 7:35 p.m. Anna K. Plock - This major subdivision is for 5 lots on 21.79 acres, located on an existing right of way off North Bayview Rd., approximately 935 feet east of Reydon :Road in Southold. Four of the lots are between 1.7 acres and 2.2 acres in size. The fifth lot:is a reserved area to be conveyed to the Peccnic Land Trust. SCTM# 1000-79-5-20.2. I notice that the attorney for the applicant is here. Mr. Lark if you would just come forward for a second. There are several things that we would like to see put on the map. One would be that the easement for park and recreation be shown on the map. There's a few other things that we have technically that we want to put on the map. We can approve that, subject to, and so before you go into park and recreation and Southold Town Planning Board the rest of it I think everything's in order. Mr. Lark: OK. 6 December 12, 1994 Mr. Ward: So you don't have to necessarily give us all the reasons tonight, we're agreeing as long as it shows on the map as an easement. Mr. Lark: You mean lot number five? Mr. Ward: Yes, for the park and playground. Mr. Lark: Alright, the only thing she asked me to get you, I worked out all the language changes on the C&R's. That's all been done. Mr. Ward: Well, that's going to be subject to... Mr. Lark: ...subject to anyway and she wanted to know what my costs were for construction. I finally calculated those, I have those here, I can hand them to you. Mr. Ward: Well, you can give them in but that will still be subject to right now, so... anything else? Mr. Lark: Well, basically I appear before the Board, the applicant, and ask that the map be approved. The C&R's which will be filed simultaneously, the minor language changes I have worked out with the planner, Melissa Spiro. The engineering fee, she asked me since there should be no bond posted for this because all of the improvements have been done according to the inspection of Mr. Richter and I will hand up the cost that I did incur so that you'll have those in setting the inspection fee. Those are actual costs that I did incur, which were a little bit less than if the municipality had to do it. The Homeowners Association, which will also be a condition of the Board approval is being approved at the Attorney General's office now, and soon as that gets approved and this Board approves the map to be filed with the C&R's, and some minor technicalities that you wanted relative to putting on the park and recreation easement, I'll do that in cooperation with you; I understand what you need there. The Health Department has rendered approval, as you have that approval before you. They did that in October. So, that pretty much meets all your requirements and I ask that it be approved at your earliest convenience subject to the conditions that you need to put on for final approval. Mr. Ward: Is there anyone else here this evening that would like to address this subdivision? If not, all is in order to close the hearing. Mr~ McDonald: I move to close this hearing. Mr. Edwards: Second. Mr. Ward: Motion seconded. All in favor?. Southold Town Planning Board 7 December 12, 1994 Ayes: Mr. McDonald, Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Ward. Mr. Ward: Opposed? Motion carried. What's the pleasure of the Board? Mr. McDonald: Mr. Chairman, I'd like to make.a motion BE IT RESOLVED to adopt the bond estimate dated December 9, 1994, and to recommend same to the Town Board. The bond estimate is in the amount of $78,100.00 with an administration fee in the amount of $4,686.00. Mr. Orlowski: Second. Mr. Ward: Motion seconded. All in favor?. Ayes: Mr. McDonald, Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. McDonald: I make a further motion' that WHEREAS, Anna K. Plock and others are the owners of the property known and designated as SCTM# 1000-79-5-20.2, located on an existing r-o-w (Shell Fisher Road) off North Bayview Road; approximately 935 feet east of Reydon Road in Southold; and WHEREAS, this proposed minor subdivision, to be known as Plock Shellfisher Preserve, is for 5 lots on 21.7733 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 March 22, 1994; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on December 12, 1994; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold will be met upon fulfillment of the following conditions; be it therefore RESOLVED, that the Southold Town Planning Board grant conditional final approval on the subdivision maps dated October 4, 1994 and on the final road and drainage plan dated October 10, 1994. All conditions must be met within six (6) months of the date of this resolution: Six (6) final subdivision maps and two (2) mylar maps must be submitted. All maps must contain the following: A. A valid stamp of approval from the Health Department. B. A notation that a Declaration of Covenants and Restrictions was filed pertaining to the subdivision. The notation must include the liber and page number of the filed document. C. Building envelopes and the location of all wetlands on the site. D. The Park and Recreation area must be shown on the map. Southold Town Planning Board 2. The Declaration of Covenants an( Planning Board must be recorde~ must be submitted. 3. The Homeowners Association mi the recorded document must be 4. The administration fee in the ami Mr. Orlowski: Second. Mr. Ward: Motion seconded. All in fa 8 December 12, 1994 Restrictions required by the A copy of the recorded document be incorporated. A copy of ubmitted. ~nt of $4,686.00, must be paid. vor? Ayes: Mr. McDonald, Mr. Orlowski, Mr. Ward: Opposed? Motion carrie, Mr. Ward: Robert Scott - This lot line 42.468 acre parcel and add it to a 21, 18-6-16. Is there anybody here that ~ application? If not, what's the pleasu~ Mr. McDonald: I move to close. Mr. Edwards: Second. Mr. Ward: Motion seconded. All in Ayes: Mr. McDonald, Mr. Orlowski, Mr. Ward: Opposed? Motion carried IV r. Latham, Mr. Edwards, Mr. Ward change is to subtract 10, 868 square feet from a 382 square foot parcel in Orient. SCTM# 1000- fould like to address the Board regarding this e of the Board? vor?. I~ r. Latham, Mr. Edwards, Mr. Ward. Mr. McDonald: I'd like to make a fur ~er motion that WHEREAS, Robert I, Scott and Marg~lret M. Scott and Reginald Tuthill and others are the owners of the property known and designated as SCTM# 1000-18-6-16 & 17, located on Main Road in Orient; and, WHEREAS, this lot line change, to be known as lot line change for Robert Scoff is for a lot line change to subtract 10,868 square feet from a 42.468 acre parcel and add it to a 21,382 square foot parcel; and, WHEREAS, the Southold Town Plan ning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, declared itself lead agency and issued a Negative Declaration on November 14, 1994; and, WHEREAS, a final public hearing was closed on said lot line change application at Town Hall, Southold, New York on December 12, 1994; and, WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; be it therefore, Southold Town Planning Board RESOLVED that the Southold Town the surveys dated December 23, 19.( surveys subject to fulfillment of the f within six (6) months of the date of t The filing of new deeds perta n n~ feet from the 42.468 acre parcel square foot parcel SCTM# 1000-' December12, 1994 Planning Board grant conditionaJ final approval on 1 and authorize the Chairman to endorse the final ~llowing condition. This condition must be met ~is resolution: to the merger of the 10,868 square SCTM# 1000-18-6-17 with the 21,382 8-6-16. Mr. Latham: Second the motion. Mr. Ward: Motion seconded. All in favor?. Ayes: Mr. McDonald, Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. Ward: Steve and Donna Dzu,qas.Smith - This proposal is to set off a .73 acre parcel from an existing 29 acre parce located on the southwest comer of County Road 48 and Tucker Lane in Southold. SCI'M# 1000-59-10-6.1. Mr. Orlowski: I make a motion that tte Southold Town Planning Board authorize the Chairman to endorse the surveys dat~;d March 15, 1994. Conditional final approval was granted on. April 18, 1994. All col~ditions have been fulfilled. Mr. Latham: Second the motion. Mr. Ward: Motion seconded. All in favor?. Ayes: Mr. McDonald, Mr. Odowski, ~r. Latham, Mr. Edwards, Mr. Ward. / Mr. Ward: Opposed? Motion carriedt Setting of Final Headngs Mr. Ward: Michae Racz and Gall Dessimo? - This lot line change is to subtract 56,156 square feet from a 142,017 sq~uare foo!, parcel and add it to a 71,889 square foot parcel. SCTM# 1000-112-1-3 & 4. Whats the peasure of the Board3 (change tape) Mr. McDonald: Mr. Chairman, I make a motion that the Southold Town Planning Board set Monday, January 9, 1995, at 7:30 p.m. for a final public hearing on the map dated December 9, 1994. Mr. Edwards: Second the motion. Mr. Ward: Motion seconded. All in fa~vor?. / Ayes: Mr. McDonald, Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Ward. Southold Town Planning Board 10 December 12, 1994 Mr. Ward: Opposed? Motion carried. Regarding SEQR? Mr. McDonald: Mr. Chairman, I'd like to make a further motion that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, do an uncoordinated review of this unlisted action. The Planning Board establishes itself.as lead agency, and as lead agency makes a determination of non-significance and grants a Negative Declaration. Mr. Oriowski: Second. Mr. Ward: Motion seconded. All in favor?. Ayes: Mr. McDonald, Mr. Oriowski, Mr. Latham, Mr. Edwards, Mr. Ward. Mr. Ward: Opposed? Motion carried. Sketch Determinations Mr. Ward: Kathleen Varano - This minor subdivision ~s for 3 lots on 5.425 acres located on the south side of Indian Neck Rd. in Peconic. SCTM# 1000-86-7-4. What's the pleasure of the Board? Mr. Oriowski: I make a motion that the Southold Town Planning Board grant sketch approval on the map dated November 22, 1994, with the following conditions: The three proposed lots shall be designed with one common curb cut. This shall be so noted on the final map. The location of the common driveway shall be shown on the final map. The terms for maintaining the common ddveway shall be included in a Declaration of Covenants and Restrictions. C earing and cutting in the areas outside of the building envelopes shal b~ limited to that necessary for proper maintenance and removal of diseased, decayed or dead material and obnoxious plant species. Clearing and grading within each lot shall be limited to that necessary for siting and constructing a house with the intent of preserving as much of the natural vegetation on the site as possible. These terms shall be included in a Declaration of Covenants and Restrictions. Mr. Latham: Second. Mr. Ward: Motion seconded. All in favor?. Ayes: Mr. McDonald, Mr. Orlowski, Mr. Latham, Mr. Edwards Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. Ward: Gre,qory Simonelli - This minor subdivision is for 3 lots on 3.85 acres Southold Town Planning Board 11 December 12, 1994 located on the south side of Grand Ave.; approximately 150 feet west of Greton Court in Mattituck. SCTM#1000-107-2-4. What's the pleasure of the Board? Mr. Edwards: Mr. Chairman, I move that the Southold Town Planning Board grant sketch approval on the map dated October 27 1994. Mr. Odowski: Second. Mr. War(t: Motion seconded. All in favor?. Ayes: Mr. McDonald, Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. Ward: Nico Realty - This minor subdivision is for 2 lots on 4.445 acres located on Bay Ave. in Cutchogue. SCTM# 1000-97-3-11.2,4,5,6 & 7. 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: Motion seconded. All in favor?. Ayes: Mr. McDonald, Mr. Odowski, Mr. Latham, Mr. Edwards, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. McDonald: Mr. Chairman I'd like to make a further motion that the Southold Town Planning Board grant sketch approval on the map dated Apdl 4, 1994. Sketch plan approval is conditional upon submission of final maps within six months of the date of sketch approval, unless an extension of time is requested by the applicant, and granted by the Planning Board. The final maps (five (5) paper prints and two (2) mylars) must contain a current stamp of Health Department approval, and must be submitted before a final public hearing will be set. Mr. Orlowski: Second. Mr. Ward: Motion seconded. All in favor?. Ayes: Mr. McDonald, Mr. Odowski, Mr. Latham, Mr. Edwards, Mr. Ward. Mr. Ward: Opposed? Motion carried. Sketch Extensions Mr. Ward: Stevens Bluff - This minor subdivision is for 2 lots on 4.4603 acres located off a r-o-w, approximately 600 feet east of Cox Lane in Cutchogue. SCTM# 1000-83- 2-8. SouthoJd Town Planning Board 12 December 12, 1994 Mr. Orlowski: I make a motion that the Southold Town Planning Board grant a six (6) month extension of sketch approval from December 14, 1994 to June 14, 1995. Conditional sketch approval was granted on June 14, 1993. Mr. Latham: Second. Mr. Ward: Motion seconded. All in favor?. Ayes: Mr. McDonald, Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Ward. Mr. Ward: Opposed? Motion carded. Bond Determinations: Mr. Ward: Gre,qory Simonelli- SCTM# 1000-107-2-4. Mr. Orlowski: I make a motion that the Southold Town Planning Board adopt the bond estimate dated December 1, 1994, and to recommend same to the Town Board. The bond estimate is in the amount of $42,420.00 with an administration fee in the amount of $2,545.20. Mr. Latham: Second. Mr. Ward: Motion seconded. All in favor?. Ayes: Mr. McDonald, Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Ward. Mr. Ward: Opposed? Motion carried.TM Mr. Orlowski: I also make a motion that the Southold Town Planning Board start the lead agency coordination process on this unlisted action. Mr. McDonald: Second. Mr. Ward: Motion seconded. All in favor?. Ayes: Mr. McDonald, Mr. Odowski, Mr. Latham, Mr. Edwards, Mr. Ward. Mr. Ward: Opposed? Determinations Motion carded. Mr. Ward: Rockcove Estates - This major subdivision is for 23 lots on 28.315 acres located on the north side of Middle Road (County Road 48) approximately 500 feet west of McCann Lane in Greenport. SCTM# 1000-33-3-19. What's the pleasure of the Board? Southold Town Planning Board 13 December 12, 1994 Board? Mr. McDonald: Mr. Chairman, I make a motion that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, assumes lead agency and as lead agency makes a determination of non-significance and grants a Negative Declaration. Mr. Edwards: Second the motion. Mr. Ward: Motion seconded. All in favor?. Ayes: Mr. McDonald, Mr. Odowski, Mr. Latham, Mr. Edwards, Mr. Ward. Mr. Ward: Opposed? Motion carded. Mr. Ward: Edward and Vir,qinia Thorp - This lot line change is to subtract 2,625 square feet from a 16,920 square foot pamel and add it to a 9,380 square foot parcel at Oak Court in East Marion. SCTM# 1000-37-6-2.1 & 3.1. Mr. Edwards: Mr. Chairman I move that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, establishes itself as lead agency and as lead agency makes a determination of non-significance and grants a Negative Declaration. Mr. Orlowski: Second. Mr. Ward: Motion seconded. All in favor?. Ayes: Mr. McDonald, Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Ward. Mr. Ward: Opposed? Motion carded. Site Plans - State Environmental Quality Review Act Lead Agency Coordination Mr. Ward: Port of E~v~)t Enterprises, Inc. - This site plan is for the construction of a swimming pool at an existing marina on Rt. 25 in Southold. SCTM# 1000-56-6-4 & 6.1. Mr. Odowski: Be it resolved that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, start the coordination process on this Type 1 action. Mr. McDonald: Second. Mr. Ward: Motion seconded. All in favor?. Ayes: Mr. McDonald, Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Ward. Southold Town Planning Board 14 December 12, 1994 Mr. Ward: Opposed? Motion carried. Mr. Ward: Corey Creek Vineyards - This site plan is for the conversion of an existing agricultural building to a winery and tasting room, located on a 30 acre parcel in Southold. SCTM# ~1000-75-6-9.6 & 9.7L Mr. McDonald: Mr. Chairman, I make a motion that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, start the lead agency coordination process on this unlisted action. Mr. Latham: Second. Mr. Ward: Motion seconded. All in favor?. Ayes: Mr. McDonald, Mr. Odowski, Mr. Latham, Mr. Edwards, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. Ward: Love Lane Acquisition Corp. ~ This proposed site plan is to add a 281 square foot addition to an existing restaurant at First and Main Street in New Suffolk. SCTM# 1000-117-8-18. Mr. Edwards: Mr. Chairman, I move that the Southold Town Planning Board, acting under the State Environmental Quality Review ACt, start the coordination process on this Type~ 1 action. Mr. Latham: Second the motion. Mr. Ward: Motion seconded. All in favor?. Ayes: Mr. McDonald, Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Ward. Mr. Ward: Opposed? Motion carried. Determinations Mr. Ward: Osprey's Dominion Vineyards - This site plan is for the conversion of two existing agricultural buildings into a winery and sales and tasting room on approximately 3.8 acres of an existing 50 acre vineyard, in Peconic. SCTM# 1000-75- 1-20. Mr. Orlowski: I make a motion that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, establish itself as lead agency and as lead agency make a determination of non-significance and grant a Negative Declaration. Mr. Latham: Second. Southold Town Planning Board 15 Mr. Ward: Motion seconded. All in favor?. Ayes: Mr. McDonald, Mr. Odowski, Mr. Latham, Mr. Edwards, Mr. Ward. Mr. Ward: Opposed? Motion carded. Approval of Planning Board Minutes Mr. Ward: Board to approve the November 14, 1994 Planning Board minutes. Mr. Orlowski: So moved. Mr. Edwards: Second. Mr. Ward: Motion seconded. All in favor?. Ayes: Mr. McDonald, Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Ward. Mr. Ward: Opposed? Motion carded. Other Mr. Ward: acres located in Orient. SCTM# 1000-13-2-8.5. Hillcrest Estates - Section II - This major subdivision is for 20 lots on 22.9 WHEREAS, the information required to re-apply was not presented within the established time frame which expired on November 23, 1994; be it therefore RESOLVED that the Southold Town Planning Board revoke the preliminary plat approval and close the file. Mr. Orlowski: Second. Mr. Ward: Motion seconded. All in favo~ Ayes: Mr. McDonald, Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Ward. Mr. Ward: Opposed? Motion carried. WHEREAS, in a letter dated May 24, 1994, the Planning Board established a time frame of six months from the May 23, 1994 resolution to allow for re-application for subdivision approval; and WHEREAS, on May 23, 1994, the Planning Board denied the final application for Hillcrest Estates Section Two and the denial resulted in the proposed subdivision regressing to the preliminary stage of subdivision review; and December 12, 1994 Mr. Latham: I'd like to offer a resolution. Southold Town Planning Board 16 December 12, 1994 Mr. Ward: The last item on the agenda tonight is the resolution to select a Chairman for the Planning Board for the 1995 period. Mr. Orlowski: I move that the Southold Town Planning Board recommend to the Town Board that Richard G. Ward be the Planning Board Chairman for 1995. Mr. Edwards: Second the motion. Mr. Ward: Motion seconded. All in favor?. Ayes: Mr. McDonald, Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. Ward: Is there anyone here that would like to address the Board? Ken Abruzzo: Good evening. I just have a quick question because I didn't hear, I got distracted in the back when you were reading the determination for Rockcove. Mr. McDonald: Negative Declaration. Mr. Abruzzo: Thank you. I thought so, but somebody was talking. Dr. Lizewski: At this time I've decided to forgo continuing with my site plan with the building that I've applied for and I would like to know should I go back to the original site plan and put the six car parking lot in that I have there, that was passed, or...what do I have to do with the new parking lot? Mr. Ward: With what? Dr. Lizewski: Well, I put in a parking lot for 22 care. On the odginal site plan that Was approved, I have a site plan for 6 cars. So, since I'm not continuing to build this building that I originally started, I want to know do you want me to put back the 6 car parking lot? Mr. Ward: Well, if you're filing for a site plan at this point... Dr. Lizewski: I'm not filing for a site plan any longer. I'm not going to build anything. Mr. Ward: OK, so you go back to what You had originally. Dr. Lizewski: So you want me to put the six car parking lot in there? Mr. Ward: Does that calculate out Joe as to what you're doing there? Dr. Lizewski: It was approved on the original plan and what I'm worried about is that it was approved on the original site plan, so if that what it was... Mr. Ward: Is there anything on that site plan that's there now that wasn't on an original site plan? Southold Town Planning Board Dr. Lizewski: Just an elevator shaft, which Mr. Kassner: Dr. Lizewski: 17 (inaudible) Is the second story addition not going to proceed also? No, we're not going to proceed with any of that. December12,1994 Mr. Ward: Can you come in and review it with Bob and look at it? Dr. Lizewski: I just want to know if you want the slx car parking lot put back, so it comes out to the original site plan that was approved, for my CO's. Mr. McDonald: Come back and take a look at it with Bob to see what the rnpact is. We've got to look at the two maps to see...there's probably no impact though. Dr. Lizewski: There's no impact certainly from an elevator shaft. Mr. Ward: Review it with Robert and we'll take a look at it. Dr. Lizewski: To me, if I have to go through all sorts of hoops to get the 22 car parking spots approved, I'd rather just go back and give you the six car parking lot that was originally approved. Mr. Odowski: Don't you need it for the volleyball court? Dr. Lizewski: No, you don't need it for the volleyball court. Mr. Ward: Well, review it with Bob as a first shot and let's take a look at it. Mr. McDonald: Send us a letter saying that ... Dr. Lizewski & Mr. McDonald talking simultaneously. Mr. McDonald: Then you're not rescinding your application for the change. Dr. Lizewski: I'm not going any further with it. It's out of the question at this point. Mr. McDonald: · Then it's active, and we have to treat it like it's active~ Dr. Lizewski: Well, then I'll rescind it. Mr. McDonald: Send us a letter. We need something for the record if you want us to stop, and you can ask if you can get any of your money back because you're stopping. Dr. Lizewski: You give back money? (everyone talking, laughing) Alright, I'll stop and talk to Bob about it. Thank you. Mr. Ward: Anyone else this evening like to address the Board before we adjourn? If not, Happy New Year, Merry Christmas, Happy Hanukkah and we'll see you in January. Is there a motion to adjourn? Mr. Odowski: So moved. Mr. Latham: Second. Southold Town Planning Board 18 Mr. Latham: Second. Mr. Ward: Motion seconded. All in favor?. Ayes: Mr. McDonald, Mr. Orlowski, Mr. Latham, Mr. Edwards, Mr. Ward. Mr. Ward: Opposed? Motion carried. December12,1994 There being no further business to come before the Board the meeting adjourned at 8:15 p,m. Richard G. Ward, Chairman Respectfully submitted, Martha A. Jones Secretary Town C!e~:t:, Town al