HomeMy WebLinkAboutPB-03/16/1992PLANNING BOARD MEMBERS
Bennett Orlowski. Jr.. Chairman
George Ritchie Lathaln. Jr.
Richard G. Ward
Mark S. McDonald
Kenneth L. Edwards
Telephone (516) 765-1938
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
SOUTHOLD TOWN PLANNING BOARD
MINUTES
MARCH 16, 1992
SCOTT L. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold. New York 11971
Fax (516) 765-1823
Present were:
Absent:
Bennett Orlowski Jr., Chairman
Richard Ward, Member
Kenneth Edwards, Member
Mark McDonald, Member
Melissa Spiro, Planner
Holly Perrone, Secretary
G. Richie Latham, Member
Valerie Scopaz, Planner
Jane Rousseau, Secretary
Mr. Orlowski: Good evening, I would like to call this meeting
to order. First order of business is to set Monday, April 6,
1992 at 7:30 p.m. at the Southold Town Hall, Main Road, Southold
as the time and place for the next regular Planning Board
meeting.
Mr. Edwards: So moved.
Mr. Ward: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. Ward, Mr. Edwards,
Mr. McDonald, Mr. Orlowski.
Mr. Orlowski: Opposed? So ordered.
PUBLIC HEARINGS
Subdivisions - Preliminary:
SOUTHOLD TOWN BOARD 2 MARCH 16, 1992
Mr. Orlowski: 7:30 p.m. Angel Shores - This proposed
s'~division is for forty-nine lots on 92.74 acres off Main
Ba~view in Southold. SCTM %1000-88-6-1, 4 & 5. .We have
proof~ of publication in both the local papers and at this time
everything is in order for a preliminary hearing. I would just
l~ke{ to make mention that we will keep this hearing open because
we have not received co~mL~ents from the Suffolk County Planning
C6mmission yet. I would like to ask if there is anyone out
there who is in favor of this subdivision?
William Moore: I am here on behalf of the applicant. The Board
is very, very familiar with this application. This property has
en before the Planning Board in one form or another for the
ast eleVen years, we have completed the SEQRA Environmental
Review Process, a very lengthy and indepth review process of
this Board, which led to drawings, and redrawings and redrawings
again of the subdivision map which led to the map which is the
subject of this hearing tonight. It is a good map and I would
ask that the Board would act upon it favorably recognizing that
there are probably countless numbers of ways that other people
could have drawn this thing up, but Dick Ward was working with
him, and there are a great deal of constraints with the Zoning,
the separate nature of pieces of property, litigation and the
Environmental Review Process itself. Having said that, I would
ask that you move forward with the process and approve it at
your next public hearing for the next meeting when you Close
that hearing and move forward from there. Thank you.
Mr. Orlowski: O.K., any other endorsements of this
subdivision? Hearing none, is there anyone out there against
this subdivision?
Mr. Robert Maus: I am the Vice President of the Cedar Beach
Park Association. I have a letter here which I will present to
the Board. I would like to read it though.
Angel Shores II consists of 52.8 acres and under our Town's
present two acre zoning, it would permit approximately twenty
six lots. We question the 50% increase from the two acre zoning
estimate of 26 to the high number of 40 lots presently suggested
by this Board.
Let me review the stipulation of settlement as issued .by
the United States District Court, Eastern District Of New YOrk
in June 1990 which states on page 5. '~The parties acknowledge
that the yield for Angel Shores II shall be predicated upon two
acre zoning and that the combined yield for Angel Shore I and II
shall be approximately 49 building lots to be clustered so that
approximately 18 lots shall be within Angel Shores I with the
remaining approximately 31 lots being contained with Angle
Shores II".
Some interesting items to review in this ruling are as follows:
SOUTHOLD TOWN BOARD 3 MARCH 16, 1992
1 - QUOTE:
"Angel Shores I shall be predicated upon two ~cre
zoning. If this statement was followed, the
maximum lots could not exceed twenty- six to~al
lots but the court approved thirty-one lots.
2 - QUOTE:
"approximately thirty-one lots being contained within
Angel Shores II" Thirty-one lots on Angel Shores II
alone already exceeds by five the maximum gl twenty-
six two acre lots 'for Angel Shores II. NoW
thirty-one lots on Angel Shores II alone already
exceeds by five the maximum of twenty-six two acre
lots for Angel Shores II. Now our own towh wants
to increase this over crowded thirty-one 10tS on
Angel Shores II by an additional_nine to fbrty lots.
Forty lots on Angel Shores II brings the age'age
lot, after clusterings to about three quarte~ of an
acre which reduced our Town two acre zoning
regulations?
3 - QUOTE:
"Eighteen lots shall be within Angel Shores It'
Our town reduced the eighteen lots to nine
which was probably due to water problems on
Angel Shores I. This is also probably why
nine lots. were added to Angel Shores II. Is
the door now open for a builder to qUote this
"Eighteen lot ruling" years from nOW and a~
nine more lots on Angel Shores I? Will anything
be done to prevent this possibility?
Another concern is the title of all the lands
and especially the area bordering Bayview Road.
From the way the lots are arranged, at a
date a builder will try to build a line
three qUarter acre homes facing north on
Bayview Road. We will be open again to
abuse of our two acre zoning ruling. If
titles of the current lots included this
property, then the lots would come closer
the required two acre zoning and eliminate
the creation of new lots at a later date.
In s~u~,ary, the Board has to abide by the courts
recommendations. However, it is not a mandatefor forty-nine
lots since two acre zoning was mentioned. It is just'a
guideline which can be pared down but certainly not exc
Less lots on Angel Shores II would bring this section m
line with our zoning laws and reduce the potential for
drinking water contamination in neighboring homes.
In the past, lots much smaller than these were the
we have come to realize that this could not continue, h
acre zoning has been instituted. When is the Board goi
stick to their guns and stop giving these down zonings.
~eded.
~re in
Euture
norm but
~nce two
~g to
Don't
SOUTHOLD TOWN BOARD 4 5~RCH 16, 1992
tell us three-quarter acre lots on two acre zoning is not down
zoning.
Also note that on previous plans there were fifty foot
Wildlife Conservation Easements on Angel Shores II. What has
happened to them? Were they sacrificed to reduce the zoning to
three quarter acre? Note that now only on Angel Shores I are
any easements shown. I submit this letter.
Mr. Orlowski: Thank you. Any other objections to this
subdivision? Hearing none, is there anyone out there neither
pro nor con t~at may have information pertaining to this
subdivision that would be of interest to the Board?
Dorothy Phillips: I would like to know whether the water system
has been continuously tested by the GNS? The company that is
running it?
Mr. McDonald: The water system is presently serving the Cove°
In order to be in compliance with the Health Department
Regulations for the Cove, I assume the system has t0 be
tested. Ino%her words, the Health Department is running tests
and they are ~n charge of it. They are in charge of these
criteria and they are happy with the way the system is being run.
Dorothy Phillips: I wondered about that because there was an
article in the Traveler Watchman on November 28th about is a
subdivision stopped by water standards. I know~this is a p~hlic
system for this development but the Department of ~ealth had
selected sixparts per million as the allowable nitrate limit
for test wells on land slated for subdivision but, for planning
purposes, on land slated that only a guideline. Planning for
groundwater includes the tension to nitrate contamination of
re-charge ~from septic systems and lawn fertilization rates. I
know that thesepeople who buy these lots are not suppose to
fertilize theirlawnbut it is a matter of groundwater pl~n~ing
that you think about that.
If the Traveler Watchman article written b~ Lydia Tortora
stated that Matti%uck Creek Estates was forced to reduce its
density to Six lots~On a nineteen~acre parcel because of high
nitrates and also albic~hle contamination.
Now, I asSUme this water is fine but yo~ are telling me that
this comPanyhad been checking~ I really would like to be
reassured that they have been. As a result of this, of the Wolf
Pit Associates on Oregon Road getting Health Dep~rtment
approval, only after the developer agreed to decrease the
density from two acres to five acre lots. The new standards if
properly implemented should protect groundwater and the people
who purchase lots in subdivisions. Now, this might be somewhat
irrelevant but it concerns me that this land was continuously
farmed for a long period of time and there must have been heavy
nitrate concentration in the water. I just don't know whether
SOUTHOLD TOWN BOARD 5 MARCH 16, 1992
or not the water has been continuously tested and found to be
adequate,
Mr. Orlowski: Any other comments? Hearing none, any
questions from the Board?
Board: No questions.
Mr. Orlowski: I'll entertain a motion to keep this hearing
open.
Mr. Edwards: So moved.
Mr. McDonald? Second.
Mr. Orlowski: Motion made and seconded.
motion? All those in favor?
Ayes: Mr. Edwards, Mr. McDonald,
Mr. Ward, Mr. Orlowski.
Mr. Orlowski: Opposed? So ordered.
Hearing Held Over From Previous Meetings:
Any questions on the
Mr. McDonald:
Mr. Edwards:
Mr. Orlowski:
So moved.
Second.
Motion made and seconded. Any questions on the
motion? Ail those in favor?
Ayes: Mr. Edwards, Mr. McDonald,
Mr. Ward, Mr. Orlowski.
Mr. Orlowski: Opposed? So ordered.
Mr. Orlowski: Wolf Pit Estates - Board to discuss amending
the Declaration of Covenants and Restrictions for this major
subdivision located on Mill Road in Mattituck.
SCTM $1000-107-4-2.1 We haven't received the revised Draft of
the Covenants and Restrictions from the applicant for review.
would entertain a motion to keep this hearing open.
Mr. Orlowski: Eleanor Sievernich - This minorsubdivision
is for two lots on 3.743 located on the east side of Cox Neck
Lane in Mattituck.
SCTM ~1000-113-8-5. Does anyone here have any comment on this?
Hearing none, I'll entertain a motion to keep this hearing open.
SOUTHOLD TOWN BOARD 6 MARCH 16, 1992
Er. Edwards: So moved.
Mr. Ward: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. Ward, Mr. Edwards,
Mr. McDonald, Mr. Orlowski.
Mr. Orlowski: Opposed? So ordered.
MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES AND SET OFF
APPLICATIONS
Final Determinations:
Mr. Orlowski: Baxter-Terp - This proposed lot line between
William J. Baxter, Jr. and Alfred Terp, Jr. is to subtract
8,352 square feet of land from a 121~051 square foot parcel and
to add it to a 28,550 square foot parcel located on the east
side of Griffing Avenue and State Road 25 in Cutchogue.
SCTM ~1000-102-5-9.3.
Mr. Ward: Mr. Chairman, I would like to offer the following
resolution.
RESOLVED that the Southold Town Planning Board authorize
the chairman to endorse the final surveys dated February 14,
1992. All conditions of final approval have been met.
Mr. Edwards: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. Edwards, Mr. Ward,
Mr. McDonald, Mr. Orlowski.
Mr. Orlowski: Opposed? So ordered. (Chairman endorsed maps)
Mr. Orlowski: William A. May and Jeanne A. May individually
- Board to correct February 3, 1992 resolution.
SCTM 91000-9-9-6.1, 7 & 9
Mr. McDonald: Mr. Chairman, I would like to make a motion.
WHEREAS on March 11, 1992 the Planning Board received
corrected lot area data from Stephen L. Ham regarding the
February 3, 1992, conditional final approval for a lot line
° SOUTHOLD TOWN BOARD 7 MARCH 16, 1992
change for William B. May and Jeanne A. May and Jeanne A. May
individually.
BE IT THEREFORE RESOLVED that the Southold Town Planning
Board correct the resolution of February 3, 1992, to read as
follows:
WHEREAS, William B. May, Jr. and Jeanne A. May individually
are the owners of the property known and designated as
SCTM 91000-9-9-6.1, 7, 9 and Reservoir Road, located at
Reservoir Road on Fishers Island; and
WHEREAS, this lot line change, to be known as lot line
change for William B. May and Jeanne A. May and Jeanne A. May
individually is for a lot line change to subtract .39 of an acre
from a 1,16 acre parcel designated as SCTM 91000-9-9-9 and add
it to a 1.8 acre parcel designated as SCTM 91000-9-9-6.1
located on Fishers Island and to merge such .39 acre and 1.8
acre parcels with the n~rtherly portion of Reservoir Road,
consisting of .70 acres. In addition, lot SCTM 91000-9-9-7
which consists of .58 acres, and the southerly portion of
Reservoir Road, consisting of 1.25 acres, will be merged with
the .77 acre balance of the 1.16 acre lot designated as
SCTM 91000-9-9-9; and
WHEREAS, the Southold Town Planning Board, purs-~nt to the
State Environmental Quality Review Act. (Article 8), Part 617,
declared itself Lead Agency and issued a Negative Decla~ation
on December 23, i991; and
WHEREAS, a final public hearing was closed on said
subdivision .application at the Town Hall, Southold, New York on
February 3, 1992; 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 Plen~ing Board grant
conditional final approval on the surveys dated August 26, 1991,
and authorize the Chairman to endorse the final surveys s,~hject
to fulfillmentof the following conditions. These conditions
must be met within six (6) months of the date of this resolution.
The filing of a new deed pertaining to the
merger of .39 of an acre from the 1.16 acre lot
owned by Jeanne A. May and designated as
SCTM $1000-9-9-9, with a 1.8 acre parcel owned
by William B. May~ Jr. and Jeanne A. May
designated as SCTM ~1000-9-9-6.1, and with
the northerly portion of Reservoir Road consisting
of .70 acre, resulting in a merged parcel of 2.89
acres. In addition, lot 7 which consists of .58
SOUTHOLD TOWN BOARD 8 MARCH 16, 1992
acres and the southerly portion of Reservoir Road,
consisting of 1.25 acres, will be merged with the
~77 acre balance of the 1.16 acre lot owned by
Jeanne A. May individually and designated as
SCTM %1000-9-9-9 to form a merged parcel of 2.60
acres.
The deed for lots SCTM %1000-9-9-7 and
SCTM %1000-9-9-9 contains a covenant that gives
the Race Point corporation or its successor an option
to purchase this property prior to any transiero A
waiver of this option is required of the Race Point
Corporation or its successor. A copy of the filed
deed containing this waiver must be submitted to the
Planning Board and the Liber and Page number of the
filed deed must be placed on the survey.
Final Extensions:
Mr. Orlowski: Harvey Bagshaw and Parviz Faranzad -
This proposed lot line change is to subtract 2.326 acres from a
4.686 acre parcel and add it to a 1.92 acre parcel in Mattituck.
SCTM %1000-122-6-31.
Mr. Ward: Mr. chairman, I would like to offer the following
resolution.
BE IT RESOLVED that the Southold Town Planning Board grant
a ninety (90) day extension of conditional final approval.
Conditional final approval was granted on September 9, 1991.
The 90 day extension will expire on
June 9, 1992 unless all conditions of approval have been
fulfilled.
Mr. McDonald: Second.
Mr. Orlowski: Motion made and seconded.
motion? Ail those in favor?
Ayes: Mr. Ward, Mr. McDonald,
Mr. Edwards, Mr. Orlowski.
Mr. Orlowski:
Any questions on the
Mr. Orlowski:
is for two lots on 5.022 acres located on the north side of
Oregon Road; 1100 feet west of Bridge Lane in Cutchogue.
SCTM %1000-73-2-2.1 & 3.
Mr. McDonald: Mr. chairman, I would like to make a motion.
Opposed? So ordered.
Baxter Sound Estates - This m~nor subdivision
' SOUTHOLD TOWN BOARD 9 MARCH 16, 1992
BE IT RESOLVED that the Southold Town Planning Board grant
a six (6) month extension of conditional final approval.
Conditional final approval was granted on February 25, 1991.
The extension will expire August 25, 1992 unless all conditions
of approval have been fulfilled. This will be the last
extension that the Planning Board will be granting.
Mr. Ward: Second.
!
Orlowsk~: Motion made and seconded. Any questions on the
Mr.
motion.TVAl~ those in iavor?
Ayes: Mr. Ward, Mr. Edwards,
Mr. McDonald, Mr. Orlowski.
Mr. Orlowski: Opposed? So ordered.
Setting of Final Hearings:
Mr. Orlowski: Ethel Betz - This minor subdivision is for
two lots oh 1.2~ ~-~r-~ ~ocated on Calves Neck Road in Southold.
SCTM %1000-63-7-34 & 35.
Mr. McDonald: Mr. Chairman, I would like to offer the following
resolution~
BE IT RESOLVED that the Southold Town Planning Board grant
conditional sketch approval on the map dated September 4, 1991.
Sketch approval is conditional upon submission of final
maps containing the provision of the Zoning Board of Appeals
decision of March 5, 1992. The maps, which must contain a valid
stamp of H~alth Department approval, mus~ be ~_u~__mi~t~t~ of
six months] of the date of sketch approva£, un~ ~ =~=~
time is requested by the applicant, and granted by the Planning
Board.
Mr. Ward: Second.
Mr. Orlowski: Motion made and seconded.
motion? All those in favor?
Any questions on the
Ayes: Mr. Ward, Mr. McDonald,
Mr. Edwards, Mr. Orlowski.
Mr. Orlowski:
Mr. McDonald:
motion.
Opposed? So ordered.
Mr. Chairman, I would like to make a further
'SOUTHOLD TOWN BOARD 10 MARCH 16, 1992
BE IT RESOLVED that the Southold Town Planning Board set
Monday, April 6, 1992 at 7:30 p.m. for a final p~]hlic hearing on
the maps dated September 4, 1992, subject to receipt of revised
maps containing Suffolk County Health Department approval by
such date.
Mr. Ward: Second.
Mr. Orlowskl: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. Ward, Mr. Orlowski,
Mr. Edwards, Mr. McDonald.
Mr. Orlowski: Opposed? So ordered.
Sketch Determinations:
Mr. Orlowski: Alice Dart - This proposal is to set off a
62,315 square foot parcel from ~ existing 18.894 acre parcel
located on Main Road in Southol SCTM $1000-78-1-10.19.
Mr. Edwards: Mr. Chairman, I would like to offer the following
resolution.
BE IT RESOLVED that the Southold Town Planning Board grant
sketch approval on the map dated May 31, 1990.
Mr. Ward: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. Ward, Mr. Edwards,
Mr. McDonald, Mr. Orlowski.
Mr. Orlowski: Opposed? So ordered.
Sketch Extensions
Mr. Orlowski: John & Joan Petrocelli - This minor
subdivision is for two lots on 9.8 acres located on the east
side of Paradise Point Road in Southold.
SCTM $1000L81-3-19.5.
Mr. McDonald: Mr. Chairman, I would like to offer the following
resolution.
BE IT RESOLVED that the Southold Town Planning Board grant
a six month extension of sketch approval from March 30, 1992 to
SOUTHOLD TOWN BOARD 11 MARCH 16, 1992
September 30, 1992.
September 30, 1991o
Mr. Edwards: Second.
Mr. Orlowski: Motion made and seconded.
motion? All those in favor?
Ayes: Mr. Orlowski, Mr. McDonald,
Mr. Edwards, Mr. Ward.
Mr. Orlowski:
Conditional sketch approval was granted on
Any questions on the
Opposed? So ordered.
Thomas Shalve¥ - This proposal is to set off
Review of Reports: Suffolk County Planning Co~m~,ission
Mr. Orlowski: Briarctiff Acres - This major s~bdivision is
for seventeen lots on 35.7022 acres located on the north side of
Main Road off Maple Road in Southold.
SCTM ~1000-75-2-8 & 9.
Mr. McDonald: Mr. Chairman, I would like to offer the following
motion?
BE IT RESOLVED to adopt the March 9, i992 Suffolk County
Planning Commission Report.
Numbers 2 and 5 must be presented in a Declaration of
Covenants and Restrictions in proper legal form. A copy of the
Mro Orlows~i:
a 1.837 acre parcel from a 21.782 acre parcel located at the
southeast corner of Middle Road (CR 48) and Bridge Lane in
Cutchogue. SCTM 91000-84'2-2.
Mr. Ward: ~r. Chairman, I would like to offer the following
resolution.
BE IT RESOLVED that the Southold Town Planning BOard grant
a six month extension of sketch approval from March 9, 1992 to
September 9, 1992.
Mr. Edwards: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. Edwards, Mr. Ward,
Mr. McDonald, Mr. Orlowski.
Mr. Orlowski: Opposed? So ordered.
SOUTHOLD TOWN BOARD 12 MARCH 16, 1992
draft Declaration of Covenants and Restrictions must be
submitted fox review by the Planning Board and the Town
Attorney. The Planning Board may require additional covenants
and restrictions upon review of the final maps. Therefore, the
draft Declaration of Covenants and Restrictions should be
submitted after the Planning Board has reviewed the final maps.
Numbers 1 and 3 must be shown on the preliminary map.
Mr. Ward: Second.
~_r. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. Ward, Mr. McDonald,
Mr. Edwards', Mr. Orlowski.
Mr. Orlowski: Opposed? So ordered.
Bond Determinations:
Mr. Orlowski: Summit Estates - This major subdivision is
for thirty-five lots on 40.8223 acres located on the southwest
corner of Main Road, NYS 25 and Shipyard Lane in East Marion.
SCTM ~1000-35-8-5.3.
Mr. Edwards: Mr, Chairman, I would like to offer the following
resolution.
BE IT RESOLVED to adopt the engineer's report dated
February 21~ 1992.
Mr. Ward: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. Ward, Mr. Edwards,
Mr. McDonald, Mr. Orlowski.
Mr. Orl~wski: Opposed? So ordered.
Mr. Edwards: I would also like to make a further motion.
BE IT RESOLVED to adopt the bond estimate dated Februa~
21, 1992, and to reco~m,~end same to the Town Board. The bond
estimate is in the amount of $458,475.00 with an administration
fee in the amount of $27,508.00.
Mr. Ward: Second.
· SOUTHOLD TOWN BOARD 13 MARCH 16, 1992
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. Ward, Mr. Edwards,
Mr. McDonald, Mr. Orlowski.
Mr. Orlowski: Opposed? So ordered.
MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES, SET OFF
APPLICATIONS - STATE ER-gIRONMENTAL QUALITY REVIEW ACT
Lead Agency Coordination:
Mr. Orlowski: Alice Dart SCTM 91000-78-1-10.19.
Mr. Ward: Mr. Chairman, I would like to offer the following
resolution.
BE IT RESOLVED that the Southold Town Planning Board acting
under the State Environmental Quality Review Act, Start the
coordination process on this unlisted action.
Mr. McDonald: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. McDonald, Mr. Ward,
Mr. Edwards, Mr. Orlowski.
Mr. Orlowski: Opposed? So ordered.
Lead Agency Status:
Mr. Orlowski: Harbor View Landing - This major subdivision
is for ten lots on 83.117 acres located on Sage Boulevard in
Greenport. SCT~ ~1000-53-5-12.5.
Mr. McDonald: Mr. Chairman, I would like to offer the following
motion.
BE IT RESOLVED that the Southold Town Planning Board,
acting under the State Environmental Quality Review Act, assume
lead agency status on this Type 1 action.
Mr. Edwards: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion.
SOUTHOLD TOWN BOARD 14 MARCH 16, 1992
Mr. Flynn: Mr. Chairman, may I make some conm~ents?
Mr. Orlowski: No, this is not a p~hlic hearing.
Mr. Flynn: I may not make Some comments?
Mr. Orlowski: No.
Mr. Flynn: Then I have to take alternative methods for
correcting this abuse.
Mr. Orlewski: I would say so.
Mr. Flynn: I shall.
Mr. Orlowski: O.K. Ail those in favor?
Ayes: Mr. Orlowski, Mr. McDonald,
Mr. Edwards, Mr. Ward.
Mr. Orlowski: Opposed? So ordered.
Mr. McDonald: Mr. Chairman, I would like to make a motion.
Be it further P~SOLVED that the Planning Board, as lead
agency, finds that the action may significantly effect the
environment, and makes a determination of a Positive Declaration.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. Ward, Mr. Edwards,
Mr. Orlowski, Mr. McDonald.
Mr. Orlowski: Opposed? So ordered.
Determinations:
Mr. Orlowski: The Fields at Mattituck - This major.
subdivision is for twenty-seven lots on 60.4 acres located on
the north side of Bergen in Mattituck.
SCTM $I000-113-2-1.1. What is the pleasure of the Board?
Mr. Pete Danowski: I represent the Fields. This is an
application that you know started two and one-half years ago and
was granted sketch plan approval with conditions. A preliminary
map will be submitted within the next couple of weeks. I have
had a chance to review certain documents that are in the file.
I would expect with this unlisted action which the Board
declared it to be, that you could issue a Negative Declaration.
Although, I would agree with certain remarks that have been made
in reports submitted to you that in the natural course of
SOUTHOLD TOWN BOARD 15 MARCH 16, 1992
submitting the preliminary map we will have to provide assurance
of Article six compliance to you. With that, we will indicate
to you that public water is available or that we have done test
holes and test well work that will be satisfactory to the Health
Department. In fact, in December I supplied additional copies
of maps to the Suffolk County Water Authority and I would note
from review of your file that you have made inquiries of them ~
well, indicating whether public water may be available to the
site. The response that you have found back from the water
authorities suggests that public water is in limited supply and
they are suggesting somehow then that in the subdivision process
you can require us to donate land to them. I don't think that
it can require that, however quite frankly when we discuss the
final map, when we discuss after the public hearing whether they
are going to answer the public water question, we may address
that issue. We may be willing to voluntarily donate land, of
course we will talk about park and recreation fees and other
items.
I would think you could issue a negative declaration
recognizing we will have preliminary maps submitted to you, that
will be the source of public hearing after we have provided
Article VI compliance. What's ~hsent from the SuffOlk County
Water Authorities letter is that the definitive answer is public
water available or not? They have not provided you with an
answer nor have they provided me even a response. I would think
that the real response is that it is not available at this
time. So I would think with an unlisted action with
twenty-seven lots and then having this sketch plan for two and
one-half years having granted us a conditional approval of the
last sketch plan submitted that we could just submit that
preliminary map, provide Article VI compliance, have a public
hearing and address many of the issues.
There are some statements contained in a report or two that
have been provided to you from others that talks about a
previous owner that may have submitted an application to the
Health Department. I think it was Victorian Reality, Ms.
Geraghty, maybe with the help of Mr. Raynor, back in the years
of 1987, maybe 1986 that may have had some responses. The water
authorities themselves may have been dealing with a prior owner
but they have not dealt with the current owner nor has an
application (turned tape).
I think the real question is for all of you, I am certainly
aware Of the Health Department rules, when you get down to the
preliminary map stage when you really know what the Planning
Board has suggested after input with all of our experts, we sent
the preliminary map over to them to indicate the test hole and
the test well locations, because if we submitted a sketch plan
early on and that proposed lot now becomes open space, they void
that test well location on an open space area. They say it has
got to be on an actual lot to be built upon so we are down now
to your having directed us to comply with certain conditions.
· SOUTHOLD TOWN BOARD 16 MARCH 16~ 1992
We will comply with those conditions by submitting the
preliminary map within the next month, I would think in the next
couple of weeks, and we will be over to the Health Department
and we will be demanding a letter from the Water Authority
saying public water is or is not available. With those things,
in the natural subdivision process, I think we will end up
discussing with you, public water, private water, results of
those tests and it would be a normal subdivision application
process as reviewed by this Board. So I would like to think you
could issue a Negative Declaration on this. The idea that we
should have a DEIS or part III doesn't seem to be called for
here. We are not in a tremendous wetland situation, we're in an
agricultural piece of land where we clustered it pursuant to
zoning and although there are some comments about we go to
20,000 square foot lots, that can't be done in the current
zoning. You've got a 30,000 square foot lot minimum so I think
we have done the best possible plan after input from you people
after two and one-half years and we can get on to the
preliminary map, public hearing stage. So it is my request,
that you issue a Negative Declaration and let's conclude the
SEQRA process and yet let's go over some of those issues that
have been raised in your normal subdivision process.
Mr. Orlowski: O.K., does the Board have any comments or
questions?
Mr. McDonald: One of the problems with this is that both our
consultant and one of the involved agents hav~ both sent letters
to us recommending that we get a Part III.
Mr. Danowski: You know, the funny part of that is when you
read the report, and I read the Health Department Report in some
interest of course, it is the Office of Ecology.. We are not
dealing with nuts and bolts people with test hole and test well
work. If we had, I think we would probably be coordinating with
them in an agreement. This thing of the Health Department is
talking about issues such as cluster down to 20,000 square
feet. SuCh issues as saying that in the Vicinity of~this site
plan, not saying this site plan that there may be a species of
plant that may be exotic, no identification nothing related to
this site. This is your general Scenario that youhear from
particularly a County agency. There is nothing directed to
this particular site. We have noticed, and this Board has
noticed, in reviewing the swale area here, that identifies the
area that provides the drainage. We talked about the method of
drainage, whether it be a natural swale system or a deep
recharge and we developed the site plan, the final sketch plan
that has been approved consistent with those co~muents. We are
not putting building envelopes on any of these areas that are
being discussed so the cou,~ents that are made here many times
are generic and don't apply to this particular site and there
are comments like the previous application from the previous
owner that don't relate to this application to the Health
Department that will be made. My point is that when you really
SOUT~OLD TOWN BOARD 17 MARCH 16, 1992
lo~k at those reports that were prouided to you, you are
cognizant of those facts, you correctly made us stay away fi om
buildin in those areas so I don't think there is anything ~hat
g
is remarkable about the reports provided to you that you ha%~e
not already dealt with in talking tQ us with just our sketct
plan and you won't deal with us~on a preliminary map. We wJill
show the Top01 map, we will provide you with Article VI
compliance one way or another, public water or test wells
test holes and you will be able to deal with that in arriviI.g.at
a final plan. So, the points are raised and all I am sayin~i is,
many of them are not directed to this plan, they are directE~d to
an outdated plan of a previous owner and many Of them will
dealt with in the subdivision process and there is really
need, I mean, what are the ~estio~s to be answered. I mea~, I
could stand here and answer them and you have many of the
answers. That is only going to delay us~
Mr. McDonald: Did you respond at all or do you have any
response to the comments that our consultant made to us? H
also requested this.
Mr. Danowski: I think the comment was, I didn't actually
specifically get it but I have reviewed the file. In fact,
was just there this afternoon just to go over points just ii
case there was any late pieces of correspondence but I thin]
realistically, all that is being said is that we have got ~
swale area for drainage and there shouldn't be building
envelopes created in the swale area that we haue talked
about. If you look at the conditional sketch plan approval~ it
is addressed with these issues already and we will continue to
address them. We will supply the answers in the subdivision
process and I think your engineers will review the plan anddo
that. The only reason that I stand here is that it is two and
one-half years later and you have done a good job and you have
cooperated and I think this plan is something that is
consistent. But, to be stopped now and say, let's do a Part
III, let's do a DEIS, it's not necessary in this particular
plan.
Mr. Ward: What are the consequences if we decide to hold
tonight and do it on APril 6thinstead of tonight? We can
take it under consideration but our decision is then to go with
a Part III, is that an imposition?
Mr. Danowski: I guess it's not an imposition, I guess we
always try to cooperate and always try to stand at the
microphone and say, if you have got a problem with it then
consider it until the next meeting because that is better then
saying that you want us to do another Part III here when
realistically you don't need it. Yet, you'll have to find out I
think, and I'll have to find out, is public water available
because the water authority has not said it to you and P~sn't
even sent me a response back and that will decide whether I'll
do test holes and test wells on this particular site° That will
SOUTHOLD TOWN BOARD 18 MARCH 16, 1992
answer much of the Health Department's question about a prior
plan from a prior o~er. So, if someone has said to me we are
going to DEIS you tonight or we are going to Part III you
tonight th~n I have to say, it just doesn't make sense. If you
want to wait until the next meeting, if that is what you prefer
to do, then I am willing to wait until the next meeting but not
tO the meeting after that and after that.
Mro McDonald: Do you want to take it under advise until the
next meeting?
Board: Yes.
Mr. Danowski: I just wanted to be here to let you know that I
read the comments and it is nothing earth shattering in the
comments and I don't think it is necessary on this unlisted
action on twenty seven lots.
~Mr. Orlowski: O.K., now you can go throw those crutches
away ....
Mr0 Danowski: Well, I would prefer if you had given it a
Negative D~c tonight but ..........
Mr. McDonald: He knows he's not going to get any sympathy.
It's really the water authority that he is waiting to hear ~hout.
Everyone talking.
Mr. Danowski: What the water authority is saying is, we would
like you to donate the well site for our future water supply and
water supply is limited. That is what they told you in response
to your inquire.
Mr. McDonald: Would that rightfully be part of the SEQRA
process.
Mr. Danow~ki: I think it is part of the SEQRA process, you
send i~ out to whatever interestS are involved. I think there
Dec this a~lication, what would be my next move here? It would
be to sub~i~ a preliminary map and yo~ would tell me, give me
Article Vi compliance before you schedule the pUblic.hearing and
I would h~ve to extract from the Count~Water Authority a letter
saying, water is available or it is not because the Health
Department would require that and'then if it is not available I
would send a map over, the preliminary map ove~ and say locate
proposed test wells and test hOles and I would go out and
perform those tests and get a well result back from the Health
Department. So, outside of SEQRA, you have the same result
discovered and most ofthe questions will be answered.
· SOUTHOLD TOWN BOARD 19 MARC~ 16, 1992
Mr. Orlowski: O.K. Thomas Monsell - This minor
subdivision is for three lots on 3.0 acres located on the south
side of Monsell Lane in Cutchogue. SCTM ~1000-138-1-2ol,
9.1, 13.1 & 14.
Mr. McDonald: Mr. Chairman, I would like to offer the following
motion.
WHEREAS the Planning Board has reviewed the Environmental
Assessment Form and the reports received in response to the lead
agency coordination; and
WHEREAS additional information has been requested to assist
the Planning Board in their review of the significance of this
action;
BE IT THEREFORE RESOLVED that the Southold Town Planning
request the information as listed in the March 2, 1992 report
from Charles J. Voorhis and the February 6, 1992 report from
the Zoning Board of Appeals. In regard to Number 7 of the
report from Mr. Voorhis, the Board will be requiring that
final maps contain a valid stamp of Health Department approval.
Mr. Ward: Second.
Mr. Orlowski: Motion made and seconded. Any qUestions on the
motion? All those in favor?
Ayes: Mr. Ward, Mr. Edwards,
Mr. McDonald, Mr. Orlowski.
Mr. Orlowski: Opposed? So ordered.
SITE PLANS
Mr. Orlowski: Buccaneer Books, Inc. -
Mr. McDonald: Mr. Chairman, I would like to make a motion.
BE IT RESOLVED that the Planning Board hereby approves the
site plan for Buccaneer Books signed by Roderick Van Tuyl,
Licensed Land Surveyor, and last revised on March 16, 1992, and
authorizes the Chairman to endorse the maps with the following
conditions:
Submission oi five (5) copies of the final sit~
plan all containing a valid stamp of Health
Department approval.
· SOUTHOLD TOWN BOARD 20 MARCH 16, 1992
Certification of the final site plan by Victor
Lessard, Principal Building Inspector.
A one (1) year review by the Planning Board.
Be
Mr. Ward: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. Wardt Mr. Edwards,
Mr. McDonald, Mr. Orlowski.
Mro Orlowski: Opposed? So ordered.
SITE PLA~S - STATE ENVIRONMENTAL QUALITY REVIEW ACT
Lead Agency Coordination
Mr. Orlowski: Philip Centonze - This proposed site plan is for
a doctor's office and apartment of 11.200 square feet located on
Route 48 in Southold.
SCTM ~1000-140-2-11.
Mr. Ward: Mr. Chairman, I would like to offer the following
resolution.
BE IT RESOLVED that the Southold Town Planning Board,
acting under the State Environmental Quality Review Act, start
t~e coordination process on this unlisted action. The Board
makes an initial determination of non-significance.
Mro McDonald: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. Edwards, Mr. McDonald,
Mr. Ward, Mr. Orlowski.
Mr. Orlowski: Opposed? So ordered.
Mr. Orlowski: Pindar Vineyard - This site plan is for a gazebo
of 3010 square feet located on a 38 acre vineyard winery in
Peconic. SCTM %1000-85-2-15.
Mr. McDonald: Mr. Chairman, I would like to make a motion.
SOUTHOLD TOWN BOARD 21 MARCH 16, 1992
BE IT.RESOLVED that the Southold Town Planning Board,
acting under the State Environmental Quality Review Act, start
the coordination process on this unlisted action. The Board
makes an initial determination of non-significance.
Mr. Edwards: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? Ail those in favor?
Ayes: Mr. Orlowski, Mr. Edwards,
Mr. Ward, Mr. McDonald,
Mr. Orlowski: Opposed? So ordered.
Mr. Orlowski: Wine Garden Restaurant - This site plan is for a
2632 square foot addition to an existing restaurant and a 3200
square foot retail sales building ~nd greenhouse located on CR
48 in Mattituck. SCTM ~1000-121-2-2.
Fir. Edwards: Mr. Chairman, I would like to entertain a motion.
BE IT RESOLVED that the Southold Town Planning Board,
acting under the State Environmental Quality Review Act, start
the coordination process on this unlisted action. The Board
makes an initial detezmination of non-significance.
Mr. Ward: Second.
Mr. Orlowski: Motion made and seconded.
motion? All those in favor?
Any questions on the
Ayes: Mr. Ward, Mr. Edwards,
Mr. McDonald, Mr. Orlowski.
Mr. Orlowski: Opposed? So ordered.
Determinations:
Mr. Orlowski: Savan Restaurant - This proposed site plan is to
reopen an existing restaurant on 11.782 square feet located on
Main Road in Mattituck.
SCTM ~1000-140-3-37.
Mr. Ward: Mr. Chairman, I would like to offer the following
resolution.
BE IT RESOLVED that the Southold Town Planning Board,
acting under the State Environmental ~uality Review Act,
establishes itself as lead agency, and as lead agency makes a
' SOUTHOLD TOWN BOARD 22 MARCH 16, 1992
determination of non-significance, and grants a Negative
Declaration.
Mr. McDonald: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. McDonald, Mr. Orlowski,
Mr. Edwards, Mr. Ward,
Mr. Orlowski: Opposed? So ordered.
APPROVAL OF PLANNING BOARD MINUTES
Mr. Orlowski: Board to approve the November 18, 1991 minutes.
Mr. Ward: So moved.
Mr. McDonald: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. Ward, Mr. McDonald,
Mr. Edwards, Mr. Orlowski.
Mr. Orlowski: Opposed? So ordered.
Mr. Orlowski: December 9, 1991.
Mr. Ward: So moved.
Mr. McDonald: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. Ward, Mr. McDonald,
Mr. Edwards, Mr. Orlowski.
Mr. Orlowski: Opposed? So ordered.
Mr. Orlowski: December 23, 1991.
Mr. Ward: So moved.
Mr. McDonald: Second.
' SOUTHOLD TOWN BOARD 23 MARCH 16, 1992
Mr. Orlowski: Motion made and seconded.
motion? Ail those in favor?
Ayes: Mr. Edwards, Mr~ McDonald,
Mr. Ward, Mr. Orlowski.
Mr. Orlowski:
Any questions on the
Opposed? so ordered.
Mr. Orlowski: January 13, 1992.
Mr. Ward: So moved.
Mr. McDonald: Second.
Mr. Orlowski: Motion made and seconded.
motion? All those in favor?
Ayes: Mr. McDonald, Mr. Orlowski,
Mr. Ward, Mr. Edwards.
Mr. Orlowski:
Any questions on the
Opposed? So ordered.
Mr. Orlowski: February 3, 1992.
Mr. Ward: So moved.
Mr. McDonald: Second.
Mr. Orlowski: Motion made and seconded.
motion? All those in favor?
Ayes: Mr. Ward, Mr. Edwards,
Mr. Orlowski, Mr. McDonald.
Mr. Orlowski:
Any questions on the
Opposed? So moved.
Mr. Orlowski: February 24, 1992.
Mr. Ward: So moved.
Mr. McDonald: Second.
Mr. Orlowski: Motion made and seconded.
motion.
Ayes: Mr. McDonald~ Mr. Ward,
Mr. Orlowski, Mr. Edwards.
Any questions on the
SOUTHOLD TOWN BOAt{D 24 M~kRCH 16, 1992
Mr. Orlowski: Opposed? So ordered.
Mr. Orlowski: I would like to state that this is the first
time in a long time that our minutes are completely up to date
except for tonight. I have nothing left on my agenda. I hope
there are no questions out there tonight from anyone.
entertain a motion to adjourn.
Mr. Flatter: I would just like to say that on behalf of
Mattituck Saltaire, we have gotten your letter and it's safe
to say that everybody is very, very happy with your response.
We just want to say thanks a lot for your cooperation and
assistance.
Mr. Orlowski: Thank you. I'll entertain a motion.
Mr. Edwards: I'll make a motion to adjourn.
Mr o Ward: Second.
Mr. Orlowski: Ail those in favor?
Ayes: Mr. Edwards, Mr. Ward,
Mr. Orlowski, Mr. McDonald.
Mr. Orlowski: Opposed? So ordered.
Being there was nothing else to be brought before the Board, the
meeting was adjourned at 8:15 p.m..
Res~t~fully s~tted,
Jan~/Rous seau, Secre y
Bennett Orlowski Jr., chairma~
/ F., EIVED AND F!L. .D B
Tov~n Clerk,