Loading...
HomeMy WebLinkAboutPB-04/06/1992PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham. Jr Richard G. Ward Mark S, McDonald Kenneth L, Edwards Telephone (516) 765- 1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 SOUTHOLD TOWN PLANNING BOARD MINUTES APRIL 6, 1992 Present were: Absent: Bennett Orlowski Jr., Chairman G. Richie Latham, Member Kenneth Edwards, Member Richard Ward, Member Mark McDonald, Member Valerie Scopaz, Town Planner Melissa Spiro, Planner Holly Perrone, Secretary Jane Rousseau, Secretary Mr. Orlowski: Good evening, I would like to call this meeting to order. Board to set Monday, April 27, 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. Edwards, Mr. Ward, Mr. Latham, Mr. McDonald, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. PUBLIC HEARINGS Subdivisions - Final: S~UTHOLD PLANNING BOARD 2 APRIl, 7, 1992 Mr. Orlowski: 7:30 p.m. Ethel Betz - This minor subdivision is for two lots on 1.281 acres located on Calves Neck Road in Southold. SCTM ~1000-63-7-34 & 35. We have proof of publication in both the local papers and everything is in order f~or a final hearing. I'll ask if there are any objections of this subdivision? Hearing none, I'll ask if there are any recommendations of this s,~hdivision? Mr. Rudolph Bruer: Mr. Chairman and Members of the Board. On behalf of Mrs. Betz, I believe the arguments have been stated in favor of the application in previous hearings a~d I would just l~ke to repeat them as if they were stated here again and ask that the Board please grant the application. Thank you very much. Mr. Orlowski: O.K., any other endorsements of this subdivision? Hearing none, is there anyone out there neither pro nor con but may have information pertaining to this subdivision that would be of interest to the Board? Hearing none, any questions from the Board? Board: No questions. Mr. Orlowski: Being there are no further questions, I'll entertain a motion to close this hearing. Mr. Latham: So moved. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Latham, Mr. Edwards, Mr. McDonald, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Does the Board have any pleasure? Mr. Ward: Mr. Chairman, I would like to offer the following resolution. WHEREAS, Ethel H. Betz, is the owner of the property known and designated as SCTM #1000-63-7-34 & 35, located at Calves Neck Road in Southold; and WHEREAS, this minor subdivision, to be known as Minor Subdivision for Ethel H. Betz, is for two lots on 1.281 acres; and WHEREAS, a variance was granted by the Zoning Board of Appeals on March 5, 1992; and ~OUTHOLD PLANNING BOARD 3 APRIL 7, 1992 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 November I$, 1992; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on April 7, 1991; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; and be it therefore, RESOLVED, that the Southold Town Planning Board approve and authorize the Chairman to endorse the final survey dated September 4, 1991. Mr. McDonald: So moved. Mr. Edwards: Second. Mr. Orlowski: Motion made to approve and sign the surveys. Any questions on the motion? All those in favor? Ayes: Mr. Edwards, ~r. Ward, Mr. McDonald, Mr. Latham, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. (Chairman endorsed maps). Hearings Held Over From Previous Meetings: Mr. OrlOwski: 'kneel Shores - This proposed subdivision is for forty-nine lots on 92°74 acres off Main Bayview in Southold. SCTM $1000-88-6-1, 4 & 5. It was held over because we had not received the Suffolk County Planning Commissions Report. It has come in today, but we have not yet had time to review it. I'll ask if anyone out there has any comments on this hearing while it is still open? Mr. William Moore: For the applicant. I just got a copy of that resolution this evening also. We do have a problem with one condition imposed. Condition number $8 prohibiting direct access to the water, to the owners of lots $42, $43 and $44. On behalf of the applicant, I think that is a very objectional condition. I don't know that docks or other structuresmay be a problem, I don't know the water depth there off hand, or if the docks are even feasible or likely to be requested b~ a property owner. Anyway, the Planning commission should be imposing conditions on the dock. Certainly, prohibiting complete access to the water for the project is objectional. The only other ~OUTHOLD PLANNING BOARD 4 APRIL 7, 1992 conditions on the dock. Certainly, prohibiting complete access to the water for the project is objectional. The onlylother question that we have got is whether or not the Board ~ou%d be considering twenty-eight foot or twenty-four foot roa~i~ this. I cannot recall, speaking together right now whether the Planning Board was in agreement with twenty-four foot road widths or not. That is an open question. Thank you. Mr. Orlowski: O.K., any other co~tu~tents? Mrs. Barbato: Mr. Chairman and Member of the Board. We are residents on West Lake Road and you haven't seen the letter I faxed you this morning. I don't know if you want me to read it. Mr. Orlowski: I haven't read it yet since it just got here. Mr. Ward: We can enter it in the file if you would like to just capsulize it. Mrs~ Barbato: O.K., fine. I have reviewed the thing that the young lady has given me and lot ~32 has been solved. However, our~problem is the fact that all of the perimeter around the subdivision has a buffer zone or otherwise Open space or conservation easement. Now, along Little Peconic Bay Lane where the right-of-way remains there is no buffer what so ever. From Cedar Point Road to West Lake, there is a natural buffer. However, where lots 324, 925, and ~32 curves, it is just open space and we feel that the two homes will just box us in so can you allow a buffer there or something? Mr. Orlowski: O.K., we will note that and take a look at that. Mrs. Barbato: What ~hout Cedar Point Road there? We have a map here showing that the right-of-way is thirt¥-thre~ feet for both Little Peconic Bay Lane and Cedar Road. On the new subdivision map of Angel Shores, Peconic Bay Lane is shown as thirty-three feet. However, Cedar Beach Point West is shown as fifty feet. We feel that we have the same problems with stormwater and on Little Peconic Bay Lane it should be extended to fifty feet. Mr. Orlowski: Well, that is out of the subdivision, Cedar Point and Little Peconic Bay and I don't know if thirty-three or fifty is the right number. Mrs. Barbato: Excuse me, when you say it is out of the subdivision, it still borders the subdivision. Mr. Orlowski: Yes, it borders the subdivision. Mrs. Barbato: Well, all of the other parts that border the subdivision have a buffer zone. SOUTHOLD PLANNING BOARD 5 APRIL 7, 1992 Mr. Orlowski: Well, I can't do anything with that right-of-way and make it fifty feet or thirty-three feet, it is not even in the subdivision. Mrs. Barbato: Well, according to the map that I received from your office, that is where it is shown. Mr. Orlowski: It is shown here but they may have picked it up on a map somewhere but it has nothing to do with what we are going to approve or disapprove. It is out of the subdivision. Mrs. Barbato: Alright, so in other words we don't get any buffer zone what so ever? Mr. Orlowski: You mean in the subdivision itself? Mrs. Barbato: No, on the right-of-way. Mr. Orlowski: We can't go onto that right-of-way and put anything on it. It is out of the subdivision. Mrs. Barbato: What I am trying to bring out to you sir is where Water Terrace goes into Peconic Bay, there are two lots there and it is just, what shall I say, we want it to remain private and yet the association wants to plant trees or the homeowners want to get together and plant trees. Will we be allowed to do that? If there is no buffer zone there we will have no place to put the trees. Mr. Barbato: Excuse me sir. My wife is saying, the lot owners would infringe on our privacy of the right-of-way of that we have no buffer zone to protect ourselves. Mr. Orlowski: O.K., we can look into a type of conservation easement. Mr. Barbato: If their boundary line is adjacent to our right-of-way, we are boxed in. We have no alternative as to what happens in the future. You don't have a leg to stand on. Mr. McDonald: The section you are talking about you only use to go to your house and come back out, right? It is just a road way then? Mr. Barbato: It has been like that since we Owned the property over some thirty-five years, we have been using that right-of-way. Mr. Orlowski: O.K., we will note that. Mrs. Barbato: Thank you very much. Mr. Orlowski: Any other co~mlents? Hearing none, everything is in order to close the hearing. gOUTHOLD~PLANNING BOARD 6 APRIL 7, 1992 Mr. Edwards: So moved. Mr. McDonald: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Ward, Mr. Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. I'll entertain a motion to adopt the engineer's report. Mro Latham: So moved. Mro Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Ward, Mr. McDonald, Mr. Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Eleanor Sievernich - This minor subdivision is for two lots on 3.743 acres located on the east side of Cox Neck Lane in Mattituck. SCUM ~10~0-113-8-5. I'll entertain a motion to keep this hearing open. 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. Latham, Mr. Orlowski, Mr. McDonald. 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. Mr..McDonald: I move we keep this hearing open. Mr. Ward: Second. ~OUTHOLD PLANNING BOARD 7 APRIL 7, 1992 Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. McDonald, Mr. Edwards, Mr. Latham, Mr. Orlowski. Mr. Orlowski: Opposed? So' ordered. MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES AND SET OFF APPLICATIONS Final Determinations: Mr. Orlowski: Marion Robins - This minor subdivision is for three lots on 6.039 acres located on the northeast corner of Baldwin Place and Little Neck Road located at East Cutchogue. SCTM ~1000-103-10-2. Mr. McDonald: Mr. Chairman, I would like to offer the following motion. RESOLVED that the $outhold Town Planning Board authorize the Chairman to endorse the final surveys dated January 3, 1991. Conditional final approval was granted on July 15, 1991. All conditions of final approval have been fulfilled'. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. McDonald, Mr. Edwards, Mr. Latham, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. (Chairman endorsed maps). Setting of Final Hearings: Mr. Orlowski: Summit Estates~ Section 1 - Section 1 of this major subdivision is for ten lots on 17.5036 acres located on the southwest corner of Main Road (NYS 25) and Shipyard Lane in East Marion. The entire project, Sections t, 2 and 3 is for thirty six lots on 40.811 acres. SCTM # 1000-35-8-5.3. Mr. McDonald: Mr. Chairman, I would like to make a motion. RESOLVED that the Planning Board set Monday, April 27, 1992 at 7:30 p.m. for a final public hearing on the maps dated March 11, 1992 for Summit Estates Section 1. The final water contract ~OUTHOLD PLANNING BOARD 8 APRIL 7, 1992 must be submitted by April 24th, or the hearing will be rescheduled. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. McDonald, Mr. Ward, Mr. Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. ***************************************** Setting of Preliminary Hearings: Mr. Orlowski: Paul Matthews (Willow Run) This major subdivision is for thirty four lots on seventy acres located on the north side of Mill Road; 852 feet east of Reeve Road, and on the south side of Soundview Avenue in Mattituck. SCTM ~1000-100-2-1. Mr. Ward: Mr. Chairman, I would like to offer the following resolution. RESOLVED that the Planning Board set Monday, May 18, 1992, at 7:30 p.m. for a preliminary public hearing on. the maps dated March 27, 1992 for Section i, and the maps dated MarCh 20, 1992 for Section 2. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Ward, Mr. Edwards, Mr. McDonald, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Sketch Extensions Mr. Orlowski: Conrad Bagenski - This major subdivision is for~three lots on 6.212 acres located on the north side of Main Road; 1332.92 feet east of Elijah's Lane in Cutchogue. SCTM ~1000-108-3-9. Mr. McDonald: Mr. Chairman, I would like to offer t~e following motion. ~OUTHOLD PLANNING BOARD 9 APRIL 7, 1992 RESOLVED that the Southold Town Planning Board grant a six month extension of sketch approval from April 1, 1992 to October it 1992. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. motion? Ail those in favor? Ayes: Mr. Ward, Mr. Latham, Mr. McDonald, Mr. Latham, Mr. Orlowski. Mr. Orlowski: Any questions on. the Opposed? So ordered. Samuel Polk - This minor subdivision is for Mr. Orlowski: two lots on 4.88 acres located on East End Road Chocomount Hill on Fishers Island. SCTM $1000-4-5-5.9. Mr. Edwards: Mr. Chairman, I would like to offer the following motion. RESOLVED that the Southold Town Planning Board grant a six month extension of sketch approval from April i, 1992 to October 1~ 1992. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Latham, Mr. Edwards, Mr. McDonald, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Review of Reports: Suffolk County Planning Commission Mr. Orlowski: Robert D. Hamilton - This minor subdivision is for three lots on 3.4958 acres located on the northwest side C.R. 48; 102.31 feet southwest of Westphalia Road in Mattituck. SCTM $1000-141-2-21.2. Mr. McDonald: Mr. Chairman, I would like to make a motion. RESOLVED to adopt the Suffolk County Planning Commission Report omitting numbers $3 and $5. Mr. Latham: Second. ~UTHOLD PLANNING BOARD 10 APRIL 7, 1992 Mr. Orlowski: Motion made and seconded. motion? Ail those in favor? Ayes: Mr. Latham, Mr. Orlowski, Mro Ward, Mr. McDonald, Mr. Edwards. Mr. Orlowski: Mr. Orlowski: Any questions on the Opposed? So ordered. John and Joan Petrocetli - This minor subdivision is for two lots on 9.8 acres located on the east side of Paradise Point Road in Southold. SCTM ~1000-81-33-19~5~ ~ Mr. McDonald: Mr. Chairman, I would like to make a motion. RESOLVED that the Southold Town Planning Board amend their resolution dated November 18, 1991 pertaining to the Suffolk County Planning Commission report dated November 7, 1991, as follows (numbers correspond both to the Planning Board's November 18th letter and the Suffolk County Planning Commission report): $2 shall be amended as follows: Any further subdivision of either lot shall be considered a major subdivision. All lots in such major subdivision shall access ParadiSe Point Road from the existing driveway shown on the Minor Sub- division map for John and Joan Petrocelli. shall be omitted Ail other times contained in the November 18th resolution shall remain as set forth on that date. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Latham, Mr. Edwards, Mr. McDonald, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES, SET OFF APPLICATIONS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Determinations: ~OUTHOLD PLANNING BOARD 11 APRIL 7, 1992 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 Avenue in Mattituck. SCTM ~1000-113-2-1.1. Mr. McDonald: Mr. Chairman, I would like to make a motion. RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, make a determination of non-significance, and grant a conditional Negative Declaration. Conditions are as follows: The project design shall be modified to reduce lot sizes closer to 30,080 square feet. The reduction of lot sizes will allow for the same yield, but will minimize impacts by reducing building in the steep slopes areas of Lots i1 and 12. The configuration of the subdivision should be moved generally northward such that additional open space will be retained on the south side of the development area. In addition, a greater amount of wooded land and wooded edge habitat would be protected by this open space. The reduction of lot size would also allow for the expansion of the recharge area to include the steep slope areas. We suggest that natural recharge options be explored to contain road runoff. This can be reviewed in connection with the. Town Engineer at the time of final subdivision. The proposed forty foot scenic buffer on the north property boundary, shall be expanded to 60 feet to preserve natural vegetation. Any community water system well head shall be located in the Special Groundwater Protection Area. Mr. Ward: Second° Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Latham, Mr. McDonald, Mr. Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Robert D. Hamilton - This minor subdivision is for three lots on 3.4958 acres located on the northwest side C.R. 48; 102.31 feet southwest of Westphalia Road in Mattituck. SCTM $1000-141-2-21.2. ~OUTHOLD PLANNING BOARD 12 APRIL 7, 1992 Mr. Ward: Mr. Chairman, I would like to offer the following resolution. RESOLVED that the Southold Town Planning Board assumes lead agency status, and as lead agency, makes a determination of non-significance, and grant a Negative Declaration. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. motion? Ail those in favor? Ayes: Mr. Latham, Mr. Ward, Mr. Edwards, Mr. McDonald, Mr. Orlowski. Mr. Orlowski: Any questions on the Mr. Orlowski: ~wo lots on 2.2612 acres located off a right of way off Lighthouse Road in Southold. SCTM ~1000-50-3-14, 15 & 16. Opposed? So ordered. Charles Lewis - This minor subdivision is for The proposed project is sensitive to the environmental constraints on the wetlands on the site. No significant environmental impact is anticipated as a result of the proposed project. Mr. Ward: 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. Latham. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Petrol Stations Ltd. This major subdivision is for four lots on 5.836 acres located on Main Road, 264.57 feet west of Alvah's Lane in Cutchogue. SCTM ~1000-109-1-23. Mr. Ward: Mr. Chairman, I would like to offer the following resolution. RESOLVED that the Southold Town Planning Boar, acting under the state Environmental Quality Review Act, assumes lead agency status, and as lead agency makes a determination of non-significancer and grant a NegatiVe Declaration. Mr. McDonald: Mr. Chairman, I would like to make a motion. ~OUTHOLD PLANNING BOARD 13 APRIL 7, 1992 RESOLVED that the Southold Town Planning Board, assumes lead agency, and as lead agency, makes a determination of non-significance, and grant a Negative Declaration. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Ward, Mr. Edwards, Mr. McDonald, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. SITE PLANS Final Determinations: Mr. Orlowski: Buccaneer Books - This proposed site plan is to construct a new warehouse for a wholesale book binding and distribution located on the east side of Depot Lane, 104 feet south of County Road 48 in Cutchogue. SCTM $I000-96-5-8. Mr. McDonald: 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 November 6, 1991, and Phase I of 'the site plan dated March 16, 1992 and signed by Roderick Van Tuyl, L.S. All conditions of final approval have been met with the exception that the Health Department's approval does not include Phase 2 of this site plan. Consequently, no building permit may be issued for any part of Phase 2 until a survey with Health Department approval is received by the Planning Board and this site plan is resigned by the Planning Board Chairman. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Ward, Mr. McDonald, Mr. Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Crackerbarzel Antiques - This proposed site plan is to add 2,400 square feet to an existing building ~OUTHOLD PLANNING BOARD 14 APRIL 7, 1992 located on the north side of Route 25; 1105 feet west of the intersection of Moore's Lane and Route 25 in Southold. SCTM %1000-45-4-3-2. Mr. McDonald: Mr. Chairman, I would like to offer a motion. WHEREAS, Michael and Joy Domino are the owners of the property known and designated as CrackerbarrelAntiques SCTM #1000-45-4-3.2, located at 74365 Main Road, Greenport; and WHEREAS, a formal application for the approval of this site plan was s~bmitted on January 24, 1991; 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 May 13, i991; and WHEREAS, this site plan was certified by Victor Lessard, Principal building Inspector on April 6, 1992; and WHEREAS, all the requirements of the Site Plan Regulations of the Town of Southoid have been met; and Be It Therefore RESOLVED, that the Southold Town Planning Board approve and authorize the Chairman to endorse the final survey dated August 26, 1991, subject to a one year review from date of building permit. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Edwards, Mr. Orlowski, Mr. McDonald, Mr. Ward. Mr. Orlowski: Opposed? So ordered. (Chairman endorsed maps) Mr. Orlowski: NYNEX Mobile C~:,~,unications and Arthur V. Junge Inc. - This proposed site Plan is to permit: the installation of a 100 foot telecommunications monopole, located on County Road 48 in Cutchogue. SCTM ~1000-96-1'19. Mr. Ward: Mr. Chairman, I would like to offer the following resolution. WHEREAS, Arthur V. Junge, Inc. is the owner of the property known and designated as Arthur V. Junge Industrial S~OUTHOLD PLANNING BOARD 15 APRIL 7, 1992 Building SCTM $1000-96-1-19, located at 21855 County Road 48 in Cutchogue; and WHEREAS, a formal application for the approval of this site plan was submitted on September' 13, 1991; 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 February 24, 1992; and WHEREAS, a Special Exception was granted by the Zoning Board of Appeals on November 21, 1991; and WHEREAS, this site plan was certified by Victor Lessard, Principal Building Inspector on March 3r 1992; and WHEREAS, all the requirements of the Site Plan Regulations of the Town of Southold have been met; and be it therefore, RESOLVED, that the Southold Town Planning Board approve and authorize the Chairman to endorse the final survey dated November 19, 1991, subject to a one year review from date of building pezmit. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Latham, Mr. Orlowski Mr. Edwards, Mr. McDonald. Mr. Orlowski: Opposed? So ordered. (Chairman endorsed maps) SITE PLAN - STATE ENVIRONMENTAL QUALITY REVIEW ACT Lead Agency Coordination: Mr. Orlowski: North Fork Beer and Soda - This proposed site plan is for the conversion of a residence to an office and the expansion of a one story storage building on 40,447 square feet located on Route 25 in Mattituck. SCTM $1000-122-3-4 and 5. Mr. McDonald: Mr. Chairman, I would like to offer a motion. RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, start the coordination process on this unlisted action. ~OUT~{OLD PLANNING BOARD 16 APRIL 7, 1992 Mr. Latham: Second. Mro Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. McDonald, Mr. Edwards, Mr. Ward, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Board to approve the March 16, 1992 minutes. Mr. Latham: So moved. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Latham, Mr. McDonald, Mr. Edwards, Mr. Orlowski. Mr~ Orlowski: Opposed? So ordered. Mr. Orlowski: I believe Mr. Carlson is here. Is Mrs. Sinko here too? Mr. Carlson: No, she said she would be here but I guess something happened. I just would like to find something out. She owns the property, I would just like to find out something about leasing the property. When I checked On it I was told we need to waiver a site plan approval. She has a site plan for changes. She went for a waiver of site plan you guys gave her permission to go back and use it was being used as a ice cream store but denied a waiver for use as a vegetableand Shellfish retail store. I was wondering if you can tell me which way I can go from here? I mean, I am trying to find the right place and the right zone to do as I should be doing and I thought that was an ideal location with reasonable rent. I don't know what her plans are~ I understand that the site plan she put in for changes is going to expire in two months. If that expires, what happens at that point? Does that revert back to what it was automatically or do we still have to change the use? Mr. Orlowski: She would have to come in. I don't know if she plans on doing that. what is that about three years? Ms. Spiro: Three years, right. SOUTHOLD PLANNING BOARD 17 APRIL 7, 1992 Mr. Orlowski: So she can come in and ask for another extension. Mr. Carlson: Well, you agreed to let her use it as an ice cream store. Mr. McDonald: You were going to go in in place of the ice cream store? Mr. Carlson: No, she had somebody talking to her that wanted to re-open an ice cream store there and at the same time she had me talking to her about opening a retail store. There was an antique store and an ice cream store. Mr. McDonald: You would go into the antique area where the antiques were? Mr. Carlson: No, I wanted to go into the front place where the ice cream store was. She has someone else that wanted to rent the ice cream store and they were going to go into the antique place. Mr. Orlowski: She never told us that. Mr. Carlson: I think she was afraid of having problems with the site plan approval she had. I came down and asked for a copy of the letter and it said that you thought it was too intense a use. Too intense a use as a ice cream and what I would like to use it for. Would it be O.K. to'use it for one or the other but not for both? What are the feelings on it? Mr. McDonald: We were under the impression that the ice cream store was going to go back in to right where the ice cream was. Mr. Carlson: Oh, I see. Mr. McDonald: Nobody said that the ice cream was going to move to the other side at all and this is news. Mr. Carlson: I didn't icare, I told her I would take either one. She Wanted a'hundred dollars more for the bigger one in the back side then the one in the front. I said the small one would be fine. I was just going to sell just some limited local vegetables and lobsterls and clams and just local produce and shellfish basically and I told her the small one would be just fine and it was a hundred dollars less a month. I said I would be happy to take that one. I understand now that the person who is talking about opening an ice cream store has decided he is not going to or has backed out or something. Mr. McDonald: To do what you want to do, do you need anything from the Health Department at all? ~OUTHOLD PLANNING BOARD 18 APRIL 7, 1992 Mr. Carlson: No, all I need is a permit from the Department of Agriculture. I am not going to have any prepared foods and I'm not going to do anything on the premises except sell live shellfish or fresh vegetables. Mr. Ward: When did we deny the site plan waiver? Ms. Spiro: We have the file over there. Mr. Ward: They asked for a waiver. Mr. McDonald: We granted a waiver for the ice cream store. Mr. Orlowski: Then we received another letter for another waiver. Mr. Ward: I think our position at the time was that the building was there and is being used and if it were an expansion of the building we would insist upon a site plan. I think this is a case of change of use and it's retail so what is the difference? Mr. Orlowski: Does she know if the ice cream is coming or not? It would make it a lot more simplified. Mr. Carlson: I'm a little baffled by the whole thing myself but the antique dealer was discussing whether they were going to stay and I guess they were going to move out and then both places became available and she had two of us talking in the meantime about the one a~d then she decided both would be available so maybe she could put both in there. Mr. Orlowski: As far as we know, there are two things going to be in there. Ice cream store and the antique store. Mr. McDonald: They indicated they had another ice cream store to go in there~ We had no notion. Mr. Ward: Maybe you could get her to clean it up and give us a letter stating what use is going on in what space so we have it in the record as to what she is proposing to do there. Mr. Orlowski: The way we read it in the record now is that this is the third thing going in there. Mr. Carlson: I didn't want to get involved in it, I just wanted to lease it. I checked to make sure I wasn't going to have a problem if I went in there and found out she needed a waiver of site plan approval. I told her that and I thought she was taking care of it. Mr. Orlowski: Just get her to tell us what she is doing in there. ~OUTHOLD PLANNING BOARD 19 APRIL 7, 1992 Mr. Carlson: O.K., I'll try and get it straightened out with her. If there are only going to be two places in there and whether it is going to me and the antique store or whether it is me and the ice cream store. Do you think that would be acceptable? Mr. McDonald: The only thing I worry about at all there is the parking. Everybody is going to be all over the road. That is the only thing that scares me up on the hill but other than that the, I mean, the uses are there already so there is no big deal. Mr. Carlson: Well, there seems like there is plenty of parking there. Mr. McDonald: There is. There is not problem with the parking it is just that everyone has the tendency to park along the road. Everyone talking. Mr. Orlowski: Get her to send us a letter with her intent. Mr. Carlson: She might still be having a problem finding out Whether or not the antique store is going in there. Mr. Orlowski: Well, it would make it a lot easier for us to make a decision. If it is going to be three we are going to have a problem. Mr. Carlson: No, it is only suppose to be two is what she told me. If we get that cleared up it will be alright? Mr. Orlowski: Yes. Mr. Orlowsk: O.K., one other item. Empire Service Station Garrett Strang: This is Mr. Ilgin the owner of the station. We are in a position where we are going to make a formal application to the Board for the site plan action. We did receive a variance but in an amended state just recently. In fact, we haven't received the actual resolution in written format yet. I have a pretty good idea of what they approved and it sort of changes the complexion of things a little bit in what we are doing here so we just wanted to review this with the Board before we make our final application so we are all aware of what is going on. In a nut shell, the ZBA reduced the amount of square footage that can be used as the convenience store use to 600 square feet. They further put a condition in the resolution that the sole entrance to this convenience store will be on the east side of the building. It will not be accessible from the :~OUTHOLD PLANNING BOARD 20 APRIL 7, 1992 gasoline service side of the building. It will strictly be accessible from the east side of the building. It brings us into two particular situations. One, that the reduction in t~e size of the square footage is now going to reduce the amount ~f parking that is requisite so it will probably be reducing by several spaces the parking on the east side that was geared for the store use. Along the same lines given the faCt that the entrance to this use is solely from the east side, well obviously developing that east side with the necessary parking, curbing and landscaping. What we would like to address further the issues of the Board's concerns with the gasoline side of the site. That really is not going to change in use since it has been for years, from day one, a gasoline service station and now since the convenience store can't be accessed fromthat side it is still going to remain solely that gasoline use. Our primary concern really, has to do with the Board's comment~bout curbing on that side. We really have no problem with curbing on the East side because that part of the site is pretty much undeveloped at this point in time and to put curbing in is not really a problem. Secondly, introduction of curbing on the sJde of the building that is already being developed and paved ove~ the years over the right-of-way to the state highway and the t~wn road. Introducing curbing there, Mr. Rosen pointed out o me in some instances especially on the Old Main Road side is going to present a problem with circulation with the truck th~.t delivers the fuel. Apparently, the truck presently comes in ff the Main Road onto Old Main Road and then swings in from the south side of the lot in order to have enough room to maneuve~ the tractor trailer in and to cloSe that off with curbing as ~he Board has suggested is going to present a problem with the circulation of that vehicle. Needless to say, this is really an unusually configured lot and it is as everyone is aware, pre-existing and has been paved the way it paved now for year~. Mr. Ward: What has the State said ~hout curbing? ~ Mr. Strang: We haven't addressed this with the State because again our original thought was the fact that this is a Site that has already been developed and it is paved in its entirety. Mr. Ward: Except our policy has always been, maybe not always been, but at least in recent years the State has requested that any site plan approval should go to them for comments of curbing and I don't know if it is there's yet, is it? Has anYthing gone to the State? Mr. Strang: I don't know if it would have because we haven't as yet made a formal application to this Board because it was pending a deCision With the ZBA. Ms. Spiro: We have a letter from the State on March 16th saying it will be reviewed. ~OUTHOLD PLANNING BOARD 21 APRIL 7, 1992 Mr. McDonald: Certainly the curbing on the other side is going to go up for review on the other side to the DOT no matter what. Mr. Latham: On the East side? Mr. Strang: On the east side there is a minimal amount of curbing to introduce the entrance. It is one way which was your preference and we showed as such and the ZBA reenforced that, they want that a one way. Circulation, well that certainly is not a problem. Mr. Latham: Does the truck come on Old Main Road and then right in front of the building? Mr. Strang: Apparently, he comes East bound on the Main Road and then before he gets to the site he cuts off on to Old Main Road, swings into the site to the west side. where the pumps are. The storage tank is to the west side of the pump so it is right sort of in the area of the apex of the site. Mr. McDonald: Could you show me where the fill points are? You have three kinds of gasoline and all the fills are there? Thank you. Mr. Strang: We haven't addressed this with the State because of the fact that we were awaiting the decision from the ZBA which we just got. If it hadn't gotten past the ZBA it Would have been a dead issue. Mr. Orlowski: We have already established communication to speed things up because they want to know and we have sent them a letter and they are going to be reviewing it. Now, if you are going to be changing it, I think it would be good for everybody to talk. Mr. Strang: That is the point. I can now go to the DOT and have a conference with them and discUSs with them what their thoughts are. I just don't want to get into a situation of working something out with the DOT that may not compatible with this Board. Mr. McDonald: Who owns Old Main Road? Is that still State property? Mr. Strang: No, that is a town road. Mr. McDonald: Has the town taken back that section of the road from the State? Mr. Strang: Well, that is a good question. Legally, I don't think I can answer that. I thought that became a town road once 25 got straightened out. SOUTHOLD PLANNING BOARD 22 APRIL 7, 1992 Mro McDonald: We're going to find out because it is certainly going to effect what the D.O.T. will decide. Everyone talking. Mr. Strang: Part of the other problem we have there too, is introducing curbing because when they redid the Main Road and straightened it out, the island locations on the site is such that it is different. Not that the island loCations are different but putting curbing in presents somewhat of a problem. Mr. Orlowski: Are these all conforming tanks there now or do we have to tear the whole place up and do it again someday? Mr. Strang: No. Everyone talking. Mr. McDonald: Very recently you built a planter right out in the front. When you started that planter did you have something else in mind for the rest of the site as well? Manager of station: We wanted to see something creative because it was so boring. I just thought it would be nice° Mr. Ward: I think we should talk to the D.O.T. and see just how much jurisdiction they are going to have and what they are going to require. Mr° McDonald: They have taken the lead on this for the most part and the other projects that we have done on the state road. We have pretty much gotten in line with them. There may have been one or two occasions where we didn't agree but I don't think we have ever overridden them. Mr. Orlowski: Are you going to set up an appointment and go and talk to the D.O.T.? Mr. Strang: I think that is the only way to resolve it. Mr. Orlowski: Why don't you go down and talk to them and we'll send the correspondence to them. Mr. Strang: Did I understand you to say that you received a letter back from them? Ms. Spiro: Yes, I have a letter dated the 16th. Mr. Ward: What did it say? Ms. Spiro: It just said, we are reviewing the letter. Mr. McDonald: As far as the other side goes, Old Main Road, if the state is no longer in control of that side, I imagine we can SOUTHOLD PLANNING BOARD 23 APRIL 7, 1992 make whatever accommodations are reasoneble to accommodate your tanker. That is not really the critical side. There is a problem on the north side though because you can't tell where the road is. The planter actually really helped there because you can see the beginning of the property. It delineates the road a little bit so that was a big help. Mr. Latham: I think that is the most important side, the north side. Mr. Strang: Well, that is part of the side that presents the problem. Mr. McDonald: But not from the tanker stand point though, just the inflow and outflow of your customers. Mr. Strang: And the servicing at the pumps because of the proximity of the pumps, the way the pumps were put in years ago when the site was first developed. Mr. McDonald: If the curbing went in, there might not be enough space to get a car to the northern pump and for a car to pull though. Everyone talking. Mr. Strang: The curbing for the state would be about five feet or so off the property line, maybe more, maybe closer to ten. The question is if the Town wants to return curbing onto the property line to delineate the site, we may have a problem. Fir. McDonald: I don't think you can block off the access to that side of the pump. It doesn't make sense. Mr. Ward: Why don't you see where they are going to want the curb line and how much they are going to want. See what you come back with. And then ask them the question on the Old Main Road while you are there. Mr. Strang: As to who has jurisdiction? Mr. Ward: Yes. Mr. Strang: We will probably have to refer that to their real estate division. Mr. McDonald: The other thing we could do is we could ask Ray. Melissa, could you call Ray and ask him who owns Old Main Road? Everyone talking. Mr. Strang: Just one last question. Probably in our reduction in parking on the East side, we wilt probably SOUTHOLD PLANNING BOARD 24 APRIL 7, 1992 eliminate~ that one spot that is marked number one which is closest to the ingress, at least that one. Mr. Ward: Did they make this a one way situation? Mr. Strang: It's one way. Along those line, I would just like to mention that we can reduce our parking somewhat. Everyone talking and looking at map. Mr. Strang: Six hundred square feet from the eleven sixty that we had so we will be providing three spaces for the convenience store and two spaces for the employee Parking. Mr. McDonald: I make a motion that we adjourn. Mr. Latham: Second. Mr. Orlowski: All those in favor? Ayes: Mr. Latham, Mro McDonald, Mr. Ward, Mr. Orlowski, Mr. Edwards. Being there was no further business to be brought before the Board, the meeting was adjourned at 8:30 p.m.. Respectfully sl~mitted, j~e~Roussea/~u~~ Bennett Orl~ws~~ RECEIVED AND FILED BY THE SOUTHOLD TOWN 11: Tewn C-"!e~k, To~rn of Southo~_cl