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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,