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HomeMy WebLinkAboutPB-04/27/1992PLANNING 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 SOUTHOLD TOWN PLANNING BOARD SCOTFL. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 MINUTES APRIL 27, 1992 Present were: Bennett Orlowski Jr., Chairman G. Richie Latham, Member Richard Ward, Member Mark McDonald, Member Valerie Scopaz, Town Planner Melissa Spiro, Planner Jane Rousseau, Secretary Absent: Kenneth Edwards, Member Mr. Orlowski: Good evening, I would like to call this meeting to order. First order of business is for the Board to set Monday, May 18, 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. Ward: So moved. 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. Orlowski. Mr. Orlowski: Opposed? So ordered. PUBLIC HEARINGS SOUTHOLD TOWN PLANNING BOARD 2 APRIL 27, 1992 Subdivisions - Final: 7:30 p.m. 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, Section 1, 2 and 3 is for thirty-five lots on 40.822 acres. SCTM ~1000-35-8-5.3. We have proof of publication in both the local papers and at this time everything is in order for a final hearing on section 1. I'll ask if there are any objections to this subdivision? Mr. Mark Soloman: I'm a resident in Cleaves Point. Not so much an objection as a clarification, if you could help us with it. I'm just questioning based on what was available so far for us to see the use of the lot that is waterfront property on Gardiners Bay. I understand that it will still remain his personal home and yet the application that is being filed says that it will be part of the association of Summit Estates. I would like to know more about the intended use of it and be able to review the documents that show it. So far, we have been unable to see them. Mr. Orlowski: O.K., I can't answer too much about that myself. I know that they are expanding the dock and they have an application with the Army Corps of Engineers and that the dock is on the park and playground parcel but the applicant has told us and says he will put it in writing that it will be for his own use. That is all I know right now. Mr. Soloman: How can an application be approved under his own personal use ~nd his ownership and then be transferred to an association that could possibly change the use of that after it is already built out for personal use. Mr. Orlowski: We would have to discuss that with the applicant about covenants and restrictions and not letting that happen. Right now, you are bringing it to our attention at a public hearing so we will mention that to the applicant and see exactly how he is going to handle that. Mr. Soloman: Is there anyway that we can see a copy of what is being submitted foryour approval before you approve it so we know what to bring up as an issue? Mr. Orlowski: Well, what we are discussing righk now is Section I of the subdivision. Mr. Soloman: If the subdivision is approved with waterfront use for recreational purposes and that is not what we thought was going to happen. Shouldn't we have an opportunity to review it prior to your approval? Mr. Orlowski: Well, that is what you are here tonight for, I mean do you have an objection? SOUTHOLD TOWN PLANNING BOARD 3 APRIL 27, 1992 Mr'. Soloman: Not to the community as planned. Not to the subdivision but we do have an objection that he has had a sign on his property for a year and then filed an application with the Army Corps and the Town of Southold that he wants a personal use of the dock even though it is being written into his documents that he is going to transfer it to Summit Estates and use it for thirty-five homesteads. I think there is something there that should be explored before the approvals are granted. Mr. McDonald: Is your fear that the dock is going to be utilized for thirty five families or it is going to actually have a large number of boats at it? It is not the use of the dock for instance, you don't care how many people walk out on the dock? Mr. Soloman: There are several concerns after consulting some professionals in the field that a 385 foot long dock for personal use is probably three or four times longer than need be, unless it is going to be for the Queen Mary and if it is not an intended use for a later date to be subdivided into thirty-five or more slips, why does he need 385 feet? If you take that into consideration, it doesn't have to be used for thirty-five slips or more to accommodate the community as written in his subdivision, then it is a navigational problem that is also an issue and that I understand, you can't take up with you, you have to take it up with the Army Corps and we are doing that so I don't want to waste your time with that. But, a 385 foot long dock in line with the Gull Pond entrance and in. that navigational water seems to be foolish if it is going to be for personal use sO why is it all happening if not trying to put something over on all of us? Not just us, his neighbor, but you the Town? Mr. Orlowski: Any other objections to this subdivision? Mr. William Moore: I am here on behalf of the Crescent Beach Condominium Association which is the other adjoining property. Like the neighbor to the east, unfortunately, I got a phone call about ten minutes of five tonight saying, I hear there is a meeting, can you go. down there? So, I am here with very little information, I don't know if the applicantlis here tonight but there appears to be an unwillingness or inability to provide full information at each step of the process in such a way that you can get a series of approvals. I had an occasion to review the application in the TrUstees office as it was apparently submitted to the Azmy Corps of Engineers and on behalf of Crescent Beach, we are submitting objections to that because it was reportedly along with additional mistakes for individual use, a 385 foot dock with two Tee extensions etc., etc.. One of the concerns I've got, having been before your Board and other board's here, is how SEQRA gets done and considered as one example when you don't know the full scope of the project. That was an issue that gave Richmond Creek Associates a big problem back even before I got involved in that project but an issue was SOUTHOLD TOWN PLANNING BOARD 4 APRIL 27, 1992 raised as to whether or not there was going to be an amenity to that subdivision. It gave this Board at that time, a big problem and I would suggest that similar inquiries should be made here, so my suggestion and my request to you tonight, coming in with very little in the way of specifics that I can give to you, would be to ask you to continue this public hearing and leave it open so perhaps additional public comment could be made. I don't think additional scrutinity would in any way prejudice the applicant. I think it would only be to better the project and have a full disclosure of what is going on. That would be my request to the Board, to leave it open tonight. Mr. McDonald: Did we SEQRA this with knowledge of the application and the extension of the dock or whatever changes were taking place with this dock? Have we coordinated with the Army Corps of Engineers? Did we coordinate with them? Ms. Spiro: Just recently. Mr. McDonald: Just recently, but not in the original determination. O.K., we can solve it another way. Mr. Soloman: Are the drawings available for us to see tonight as to how the subdivision is being offered, and is there an offering statement that we can read or get a copy of in order to understand what is going to happen on that property? The only drawing I have ever seen to date, is one that wassent to us by the Army Corp of Engineers when we questioned it and it is unprofessionally done, not to scale and inadequately described, Not only the waterfront contour, of where the pier is going but it inadequately notes the length of the neighboring piers. It shows our pier as 300 foot plus. We don't have a 300 foot plus pier on our dock or on our property. We just feel that things are being done piece meal without ever seeing the big picture and I think with a Board and a Town that is so concerned about doing things properly, we should all look at the big picture before approving it. Mr. Orlowski: O.K., any other objections to this subdivision2 Have you seen the map? Mr. Soloman: Can I take it to my seat? Ms. Spiro: Yes. Mr. Orlowski: Any other objections? Hearing none, are there any endorsements of this subdivision? Ms. Donna Geraghty: I hope I can answer some of your questions° I'm speaking for the homeowner as a developer and as far as the dock is concerned the reason he has put in for the eXtension as you know, there are many boats, on both sides there are condominium projects and in fact, he has very little water there SOUTHOLD TOWN PLANNING BOARD 5 APRIL 27, 1992 and he does have a forty-six foot boat that he keeps at the end of that dock. There is relatively about three to four foot of water. I don't know if you have looked at that as the reason for his dock extension. With reference to the dock itself, it is in fact in the homeowners association and I have a book and I will give you my name and my number and I will be more than happy to share that with you. The water itself, the water area, it is intended that we will be using the beach for swimming just as yourselves do. If I can answer more .questions, I will be happy to do that. Mr. McDonald: Do you propose a C and R limiting this dock to no more than one boat? Ms. Geraghty: I didn't say no more than one boat. Mr. McDonald: I am asking you that. Ms. Geraghty: Well, the homeowner himself has four. Mr. McDonald:- Is he prepared to covenant against it for any number of boats? Ms. Geraghty: Is he willing to covenant? I don't think that he would like to do that, I think it would be limiting his use to that. Mr. McDonald: So he would like to maintain the~ability should it come to pass that he could have one boat for every lot. Ms. Geraghty: I'm not saying that at all. Mr. McDonald: I'm not asking if you would, I am asking if he would like to maintain the right to do that? Ms. Geraghty: Not at this time, no. Mr. McDonald: But he won't covenant against a lesser number of boats? Ms. Geraghty: Well, what are you asking exactly? Mr. McDonald: I'm asking, you can't do both, you can't reserve the right and not limit it against a fewer number. Ms. Geraghty: What I am saying is, at this point in time, it is the intention of the homeowner. He has a house which is on the four and one-half, four and one-third acre lot and in order to retain the value of that particular lot, he is retaining that dock for himself basically. As far as the number of boats used so on and so forth. It would not be for individual lot owners, it is only for the ownership of that one particular lot. He, at present, has four boats. I am~not at liberty to say whether he SOUTHOLD TOWN PLANNING BOARD 6 APRIL 27, 1992 would be willing to covenant against any number of boats but certainly, I can get back and let you know. Mr. McDonald: This is not park and playground? The park and playground is expressly intended for use of the entire subdivision. Ms. Geraghty: Correct. Mr. McDonald: Wouldn't it be more appropriate for a dock for his own personal use to be on his property. Understanding, that the entire subdivision is his presently but the park and playground is intended for the use of the future owners of those other lots. Ms. Geraghty: O.K., I can answer that question. There is only a hundred and fifty feet of waterfront. In other words, the dock lies somewhat about fifty feet in from the western portion of the property, so in order for him to keep the dock as ownership, he would have been giving something like eighty-five feet to the rest of the subdivision which I don't think is appropriate. You know, for beach area. Mr. McDonald~ I guess I understand what you are saying but the fact of the matter is, this is on park and playground land. Ms. Geraghty: Correct. It is in fact on park and playground area. O.K., and the-ownership does in fact belong to the association, but it is in the homeowners association that it. is for the use of lot number thirty-three. Whether that lot number thirty-three be owned by him or anyone else. Mr. McDonald: So, a certain portion to a degree is a kind of covenant against a right to part of this park and playground solely for the use of one lot. Ms. Geraghty: Correct. Mr. McDonald: I have a problem with that because the purpose of a park and playground is to service the subdivision and you are dividing away part of the right of that for one particular lot rather than the entire subdivision. Ms. Geraghty: So then are you saying that it would be best used for everyone to have a boat slip? Mr.-McDonald: No, I'm not saying that at all~ As a matter of fact, it's clear that we need a lot more information. What I am saying, is that some part of the right of that park and playground is being diverted for the use of a limited number of parcels rather than the entire subdivision. I have a problem with that because that park and playground is intended for all parCels in that subdivision. That is the nature of that park and playground. If some part of that is being taken away from SOUTHOLD TOWN PLANNING BOARD 7 APRIL 27, 1992 the general public, in that subdivision, then I have a problem with it. I'm not saying anybody else does, just me. Ms. Geraghty: What would you suggest we do with that dock at this particular point? Mr. McDonald: I guess that is what we are going to have to find out and what the intended use of the dock is because obviously, with the applicant not here we're not going to know until we actually get it on the record somehow. We have to find out what his long term plan is and how he plans to handle it. Ms. Geraghty: His long term plan is to sell the house. He thought it would add to the value of the house to be able to have the use of that dock as added value to the home. That is the intention at this point and time. Any other questions? Mr. Soloman: Mr. Orlowski: Mr. Soloman: Mr. Orlowski: endorsements? May I say something? I don't want this to get into a debats. No, I will point things out to you. First, I would like to see if there are any other Are there any other endorsements on this? O.K., is there anyone out there neither pro nor con but may have information pertaining to this that we would be interested in? Mr. Robert Albright: We sold our home earlier this month and I am in sympathy with his question. We discussed this earlier and the question before the house, if I have to put it in my words is, what is he going to do with the other hundred feet and what do we know about it and how do we go about finding out what his intention is and can he amend it? Can it be restricted in putting in more ~han the four boats that he has now? These are some of the thoughts that I have. I am not sure if this is the way to exq~ress it but this is the way I see it. Mr. Soloman: The drawing that I have shows the contour of the property with hisdock and the configuration o~her than a curve, which allows him to build out his pier and refers that our pier comes off and creates a wider tangent than what would be actually in place when this in fact is the curve, and our dock is right here going out towards the center in a pie shape and if we were permitted, for example, to have the same length of dock it would be coming very close to the tip of his dock because as it approaches the inner circle of the pie, it gets smaller. So, we have questions about that and also there are other buildings on the property that are apparently being used that are not mentioned anywhere. He has a farm, he is building all kinds of other structures there that we see all the time that are filled with animals. Why is there no mention, why are there no permits? It is being treated like his own personal property, which is fine, if it is his own personal property but then wP~t SOUTHOLD TOWN PLANNING BOARD 8 APRIL 27, 1992 happens once it becomes an association? Does the association inherit the farm? Mr. Orlowski: There are buildings going up in that park and playground right now? Mr. Soloman: Yes sir. Well, yes, back in this area. Ms. Geraghty: I can answer that. Those buildings were removed and the property was surveyed by Young and Young, there are stakes that were put out, the building department was down there to check it and to make sure that there is not in fact any buildings that lie on that property. The buildings that you see, they show, that they have been moved since. This is the original survey, they have been moved to the property line, they are now inside his property. Everyone talking. Mr. Orlowski: Alright, I am going to cut this short. There is enough info£mation here for us to hold this hearing open until we clarify a few things and hopefully by the next meeting we'll have some answers for all of us. I'll entertain a motion for the Board to hold this hearing open. Mr. Ward: So moved. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Latham, Mr. McDonald, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. McDonald: Would it be fair to say that the applicant will be receiving a letter from us asking for some sort of information? Mr. Orlowski: Yes. Hearings Held Over From Previous Meetings: 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. SCTM$ 1000-113-8-5. Does anyone here have any comment on this subdivision? It is being held open because it is at the Zoning Board of Appeals right now. If not, I will entertain a motion to keep it open. SOUTHOLD TOWN PLANNING BOARD 9 APRIL 27, 1992 Mr. Latham: So moved. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. motion? All those in favor? Ayes: Mr. Ward, Mr. Latham, Mr. McDonald, Mr. Orlowski. Mr. Orlowski: Any questions on the Opposed? So ordered. Wolf Pit Estates - Board to discuss amending Mr. Orlowski: the Declaration of Covenants and Restrictions for this major subdivision located on Mill Road in Mattituck. SCTM $1000-107-4-2.1. I guess we will entertain a motion to keep this open. Mr. McDonald: This has been open for so long. Do we know when we. will actually get something so we can move ahead with this? Mr. Orlowski: Is there anyone here representing Wolf Pit? No one is here. Mr. McDonald: We need to get this on track. Ms. Scopaz: We'll send out a reminder letter. Mr. Orlowski: I'll entertain a motion to hold this open. Mr~ Latham: So moved. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. McDonald, Mr. Ward, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES AND SET OFF APPLICATIONS Final Determinations: Mr. Orlowski: East Coast Properties - This major subdivision is for five lots on 10.806 acres located on Alvah's Lane in Cutchogue. SCTM ~1000-101-1-16.1. SOUTHOLD TOWN PLANNING BOARD 10 APRIL 27, 1992 Mr. McDonald: Mr. Chairman, I would like to make a motion. RESOLVED that the Southold Town Planning Board authorize the Chairman to endorse the final surveys dated December 5, 1991. 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. Orlowski. Mr. Orlowski: Opposed? So ordered. (Chairman endorsed maps) 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 subdivision map dated February 21, 1991, the Drainage Plans dated November 1i, 1991, the Road Profiles dated November 12, 1991, and the Landscape Plan dated November 12, 1991, for the seventeen (17) affordable lot cluster subdivision of Southold Villas. Mr. McDonald: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. McDonald, Mr. Ward, Mr. Latham, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: William B. May and Jeanne A. May and Jeanne A. May individually - This lot line change is to subtract .86 of an acre from all 16 acre parcel and add it to a 1.8 acre parcel located on Fishers Island. In addition, lot 7 which consists of .58 acres, and the southern portion of Reservoir Road, consisting'of a 1.19 acres, will be merged with lot 9. SCTM ~ 1000-9-9-6.1, 7 & 9. 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 April 21, 1992. All conditions of final approval have been met. SOUTHOLD TOWN PLANNING BOARD 11 APRIL 27, 1992 Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Fir. Latham, Mr. Ward, Mr. McDonald, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. (Chairman endorsed maps). Mr. Orlowski: Samuel S. Polk - This minor subdivision is for two lots on 4.88 acres located on East End Road Chocomount Hill on Fishers Island. SCTM $1000-4-5-5.9. Mr. Ward: Mr. Chairman, I would like to offer the following resolution. RESOLVED that the Southold Town PlanD4ng Board set Monday, May 18, 1992 at 7:30 p.m. for a final public hearing on the maps dated January 9, 1992. 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. Orlowski. Mr. Orlowski: Opposed? So ordered. Preliminary Determinations: Mr. Orlowski: Angel Shores - This proposed subdivision is for forty-nine lots on 92.74 acres off Main Bayview in Southold. SCTM ~1000-88-6-1, 3 & 5. Mr. McDonald: Mr. Chairman, I would like to offer the following motion. RESOLVED to adopt the April 2, 1992 Suffolk County Planning Commission report with the following amend,tents (numbers correspond to numbers in report): %1. Is to remain as written. %2. Clearing of lots will be limited by covenants and restrictions .as per the Findings Statement. %3. %4, %5 and %6. Are to remain as written. SOUTHOLD TOWN PLANNING BOARD 12 APRIL 27, 1992 '$7. IS to be omitted. Lot $32 is to be designed as a flag lot with access to Four Winds Courtyard. Is to remain as written with the amendment that one pedestrian walkway (10 to 15 feet in width) to Peconic Bay shall be allowed for each lot. $9. Is to remain as written. $10. Is to remain as written. The Homeowners Association must include all common areas (open space, park site, drainage areas and roads.) Is to be revised to read: Conditions 1, 3, 4, 5 and 9 shall be filed as covenants and restrictions in the office of the County Clerk on, or prior to, the granting of approval to this subdivision.. $12. Is to remain as written. 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. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. McDonald: Mr. Chairman, I would like to make a further motion. RESOLVED that the Southold Town Planning Board grant preliminary approval on the three maps that compose the map set (Sheet 1 of 3, 2 of 3 and 3 of 3), all sheets dated December 27, 1991, with the following conditions of approval: 1. The following Covenants and Restrictions shall apply to the subdivision: Ail items required by the Planning Board in reference to the Suffolk County Planning Co~m~ission report dated April 2, 1992. Be Ail mitigation measures contained in the Findings Statement dated October 18, 1991, and adopted by the Planning Board on October 21, 1991. C. Access to Lots 42, 43 and 44 shall be via a common driveway. D. Access to Lot 24 and Lot 25 shall be from SOUTHOLD TOWN PLANNING BOARD 13 APRIL 27, 1992 Water Terrace only. These lots shall not- have access on the thirty-three (33) foot right-of-way. Clearing on each lot shall be limited to no more than the following percentage: Lot Size Maximum Cleared 20,000 sq. feet (1/2 acre) 30,000 sq. feet (2/3 acre) 40,000 sq. feet (1 acre) 60,000 sq. feet (1 1/2 acre) 60 percent 58 percent 57 percent 46 percent Any grass established on site shall be of a type which requires no irrigation. This shall apply to all lots in the subdivision. On-site wells for any purpose shall not be permitted on any lot in the Angel Shores subdivision. The following terms shall apply to all common areas and all conservation easements located within the subdivision: 1) No clearing of trees, disturbance of natural soils, or any other activity is permitted to occur, with the exception of~the creation of foot trails for passive recreational activitiesf approved recharge basin construction and supplemental planting of appropriate native or near native vegetation. Pedestrian foot trails located wit~hin the conservation easement on Lots 42, 43 and 44 shall be limited to one walkway (10-15 feet in width) for each lot (These walkways shall be subject to appropriate permits from the Town Trustees and the Department of Environmental Conservation). 2. No bulkhead shall be permitted on any shorefront area. e No structural improvements shall be permitted in any area with the exception of the Park site. Structures proposed to be located within the park site must be approved by the Planning Board, Southold Town Trustees and any other agency having jurisdiction in that area. I. Ail applications for building permits shall be SOUTHOLD TOWN PLANNING BOARD 14 APRIL 27, 1992 reviewed by the Planning Board prior to issuance of the building permit in order for the Planning Board to ensure that the plans are in accordance with the covenants and restrictions contained in this document and that they are in accordance with the State Environmental Quality Review Act. All building permit plans shall identify the extent of clearing and proposed grading in order to ensure that compliance in achieved. Ail covenants and restrictions must be noted on the map as well as contained in a Declaration of Covenants and Restrictions. Building envelopes shall be indicated for each lot in conformance with the clearing restrictions indicated in the Findings Statement and noted in Letter E above. A conservation easement, twenty-five (25) feet in width shall be indicated along the rear property line of the following lots: Lots 32 - 35'inclusive, and Lots 18 - 24 inclusive. 0 The final drainage plans and road profiles shall be revised in accordance with the report dated March 11, 1992, from James A. Richter, Engineering Inspector, and the Planning Board's correspondence dated April 7, 1992, in reference to the March llth report. Lot ~32 shall be designed as a flag lot with access from Four Winds Courtyard. The location of the firewell or firewells must be shown on the final map. A Homeowner's Association must be established for the open space areas, park site, drainage areas, and roads. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. motion? All those in favor? Ayes: Mr. Ward, Mr. Latham, Mr. Orlowski, Mr. McDonald. Any questions on the Mr. Orlowski: Opposed? So ordered. Review of Reports: Suffolk County Planning Commission SOUTHOLD TOWN PLANNING BOARD 15 APRIL 27, 1992 Mr. Orlowski: Angel Shores - SCTM 91000-88-6-1, 4 & 5 Done already. Review of Reports: Engineering Mr. Orlowski: Summit Estates - SCTM ~1000-35-8-5.3. We're holding this open. MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES, SET OFF APPLICATIONS - STATE E~VIRONMENTAL QUALITY REVIEW ACT Determinations: Mr. Orlowski: Alice J. Dart - This proposal is to set off 62,315 square foot parcel from an existing 18.894 acre parcel located on Main. Bayview Road in Southold. SCTM %1000-78=i-10.19. Mr. Ward: Mr. Chairman, I would like to make a motion. RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, do an uncoordinated review of this unlisted action...The Planning Board establishes itself as lead agency, and as lead agency makes a determination of non-significance, and grants a Negative Declaration. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. McDonald, M~. Ward, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. SITE PLANS Final Determinations: Mr. Orlowski: Future Screw Machine - This site plan is for a 37' x 14' 8" addition to an existing machine products building located on o3149~acres on CR 48 in Southold. SCTM %1000-59-7-33. SOUTHOLD TOWN PLANNING BOARD 16 APRIL 27, 1992 Mr. McDonald: Mr. Chairman, I would like to offer the following motion. RESOLVED the Southold Town Planning Board, acting under the State Environmental Quality Review Act, do an uncoordinated review of this unlisted action. The Planning Board establishes itself as Lead Agency, and as Lead Agency makes a determination of non-significance and grants a Negative Declaration. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Orlowski, Mr. Ward. Mr. Orlowski: Opposed? So ordered. Mr. McDonald: Mr. Chairman, I would like to make a further motion. WHEREAS, Warren and Helen Hufe are the owners of the property known and designated as Future Screw Machine Products SCTM ~1000-59-7-33, located at 4155 CR 48, Southold; and WHEREAS, a formal application for the approval of this site plan was submitted on April 21, 1992; 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 April 27, 1992; and WHEREAS, this site plan was certified by Victor Lessard, Principal Building Inspector on April 24, 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 grant conditional final approval and authorize the Chairman to endorse the final survey dated April 15, 1992, for a 37' x 14'8" storage additional subject to a one year review from the date of the Certificate of Occupancy. The following conditions are to be affixed to the final map. Handicapped parking space be relocated to parking space number one on the plan dated April 11, 1992. Existing handicapped space to remain as a regular parking space. SOUTHOLD TOWN PLANNING BOARD 17 APRIL 27, 1992 An amended site plan be filed for the 342 square foot addition designated Phase Two on the plan dated April 11, 1992, when and if the Zoning Board of Appeals grants an area variance. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. McDonald, Mr. Latham, Mr. Ward. Mr. Orlowski: Opposed? So ordered. (Chairman endorsed maps). Mr. Orlowski: Pindar Vineyards - This site plan is for a gazebo of 3,010 square feet located on a 38 acre vineyard/winery~ in Peconic. SCTM 91000-85-2-15. Mr. Ward: Mr. Chairman, I would like to offer the following resolution. RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, do an coordinated reView of this unlisted action. The Planning Board establishes itself as lead agency, and as lead agenc-ymakes a determination of non-significance, and grantsa 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. McDonald, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr.~Orlowski: Final Deteza:ination, does the Board have any pleasure? Mr. Ward: Mr. Chaiz~uan, I would like to offer the' following resolution. WHEREAS, Herodatus Damianos is the owner of the property known and designated as Pindar Vineyard SCTM $1000-85-2-15, located at Main Road in Peconic; and WHEREAS, a formal application for the approval of this site plan was submitted on February 28, 1992; and WHEREAS, the Southold Town Planning Board, pursuant to the SOUTHOLD TOWN PLANNING BOARD 18 APRIL 27, 1992 State Environmental Quality Review Act, (Article 8), Part 617, declared itself Lead Agency and issued a Negative Declaration on April 27, 1992; and WHEREAS, this site plan was certified by Victor Lessard, Principal Building Inspector on March 26, 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 surveys dated February 14, 25, and 26, 1992, subject to a one year review from the date of the Certificate of Occupancy. Mr. Latham: Second. Mr. Orlowski: Motionmade and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Orlowski, Mr. McDonald, Mr. Ward. Mr. Orlowski: Opposed? So ordered. (Chairman endorsed maps). Mr. Orlowski: Wine Garden Restaurant - The site plan is for a 2632 s~aare foot addition to an existing restaurant in a 3200 square foot retail sales building and greenhouse on CR 48 in Mattituck. SCTM 41000-121-2-2. Mr. Ward: Mr. Chairman, I would like to offer the following motion. RESOLVED that the Southold Town Planning Board, acting under the State Environmental Q~ality Review Act, do a coordinated review of this unlisted action. The Planning Board establishes itself as lead agency, and as lead agency makes a determination of non-significance, and grants a Negative Declaration. WHEREAS, James Duffy is the contract lessee of the property known and designated as the Wine Garden Restaurant SCTM 41000-121-2-2, located at County Road 48 and Sound Avenue in Mattituck; and WHEREAS, a formal application for the approval of this site plan was submitted on February 28, 1002; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Revie~ Act, (Article 8), Part 617, SOUTHOLD TOWN PLANNING BOARD 19 APRIL 27, 1992 declared itself Lead Agency and issued a Negative Declaration on April 27, 1992; and WHEREAS, this site plan w~s certified by Victor Lessard, Principal Building Inspector on April 24, 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 grant conditional final approval and authorize the Chairman to endorse the final surveys dated March 25, 1992 subject to a one year review from the date of the Certificate of Occupancy. The following conditions are to be affixed to the final map. The planting of Bartlett Pear trees forty feet on center (40' o.c.) along C.R. 48 and Sound Avenue. The removal of paving on the north side of the property designated on the plan for the planting street trees. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. motion? All those in favor? Any~uestions on the Ayes: Mr. Orlowski: Mr. McDonald: approval? Mr. Orlowski: Mr. Ward, Mr. McDonald, Mr. Orlowski, Mr. Latham. Opposed? So ordered. Mr. Chairman, do we have Health Depar~aent Yes. (Chairman endorsed maps). SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Determinations: Mr. Orlowski: Done already. Future Screw Machine - SCTM %1000-59-7-33. ~Mr. Orlowski: Pindar Vineyards - SCTM %1000-85-2-15. Done already. SOUTHOLD TOWN PLANNING BOARD 20 APRIL 27, 1992 Mr. Orlowski: Dr. Philip Centonze - This site plan is for a doctors office apartment on 11,200 square feet located on Route 48 in Mattituck. SCTM 91000-140-2-11. Mr. Ward: Mr. Chairman, I would like to offer the following resolution. RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, do a coordinated review of this ur~listed action. The Planning Board establishes itself as lead agency, and as lead agency makes a determination of non-significance, and grants a Negative Declaration. Mr. McDonald: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. McDonald, Mr. Ward, Mr. Latham, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Wine Garden Restaurant - SCTM $1000,121-2-2. Done already. LOCAL LAWS Mr. Orlowski: Planning Board to consider a report to the Town Board on Proposed Amendment to the Zoning Code in reference to Home Occupations, Home Business Offices and Home Professional Offices. Mr. McDonald: I would like to make a motion to approve this report. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded to send over a recoam~endation of approving this to the Town Board. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. McDonald, Mr. Latham, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. SOUTHOLD TOWN PLANNING BOARD 21 APRIL 27, 1992 Mr. Orlowski: There is nothing left on my agenda tonight. Does anyone have any questions? Ms. Geraghty: I have the homeowner of Summit Estates and perhaps he could answer some questions that were not answered if we may have another moment? Mr. McDonald: At this point, from my standpoint, I would like to see what we can put down in writing to get a written response. We need to digest what the neighbors have to say and see if we can make any sense out of that. Mr. Fakiris: I am not going to produce the project if we delay it any longer. The time is very critical so if you want to postpone it for another year, I don't think I am going to be able to provide the expenses. Mr. Orlowski: I don't see it being postponed for another year, we have some questions that were brought up tonight in the public hearing process. Mr. Fakiris: I am here to answer your questions. Mr. Orlowski: Well, like Mr. McDonald said, we are going to review everything and then we will get back and put our questions in writing and get an answer back ink.writing. Mr. Fakiris: Mr. Orlowski: OoK. Anyone else have any questions? Mr. McDonald: Our attempt would be to get the answers to make a resolution on this subdivision for the next meeting right? Would that be our intent? Mr. Orlowski: Yes, our next meeting° any comments or questions for us? Does anyone else have Mr. Orlowski: Mr. Strang did you have some questions? Mr. Strang: Good evening, I addressed a letter to the Board this past week and attached with it a copy of a sketch of a proposed amendment to the site plan that has been before the Board for discussion on the subject premises in Laurel, the present Empire Service Station with the intent to put the convenience store in the present service space now. As per the comment the Board presented the last time with respect to waiting for the input from the State DOT, it became evident when we received that letter from the DOT that the extent of SOUTHOLD TOWN PLANNING BOARD 22 APRIL 27, 1992 improvements that they want along NYS Route 25 is considerably disproportionate in cost to the extent of the allowed development of the convenience store which has already been reduced to 600 square feet. It was our position that the input from the State DOT was prompted by the fact that we had asked for a curb cut entrance from State Route 25 to service this particular facility. At this point, we feel with the reduction of the size of the convenience facility allowing us to reduce the amount of parking to be provided to that facility that we can serve that facility with a single entrance from the Town road as opposed to the State road. This really provides several different situations. 1. The existing use that presently exists, that being gasoline sales and fuel sales, will remain as it is with no modification to the site plan required. Tile new use which the Zoning Board has in giving its variance has requested the access strictly from the East side of the building. Basically, it dictates that the entrance to that area will be from the East side of the building and the parking to service will be to the East side of the building. As shown on the sketch, entrance to that parking will be from the town road. It is obvious that what we are attempting to do here is access that parking and deal with the Town and not the State, since the State seems unwilling to discuss further anything with respect to the State road other than these very expensive improvements° This is the reason for this presentation as an alternate and to see what the Board's input on that might be. Mr. Orlowski: So, access to the store is going to be off Old Main Road? Mr. Strang: The access to the parking area to service the convenience store will be from Old Main Road which I have been told is a Town road and not a State road. Mr. Orlowski: Everything to the north will be planted in grass and there will be no access on to the Main Road. M~. McDonald: Is it your understanding that that would take this out of the jurisdiction of the DOT? Mr. Strang: Well, I'am hoping that that is the case. I am hoping and I believe it if we don't make an application for a curb cut from them we don't have to tOUch the DOT and we're not looking for a curb cut from it because we are not trying to gain access for thiS particular use or purpose on to the State highway. The other thing from a circulation point of View, I felt that the way it was set up originally was with the access from the Main Road and when the ZBA came along and said well, you can only have a'door entering a convenience store from the East side, it is dictative that someone obtaining gasoline when they are finished would have to exit onto the Main Road for approximately fifty feet or so and then zip right back into that parking lot. You are running out onto the highway where traffic SOUTHOT~ TOWN PLANNING BOARD 23 APRIL 27, 1992 is moving at 50 mph and zipping right back in again to the other location. That really wasn't in retrospect such a great situation. This present solution, anyone who is using the gas islands, who then wishes to take advantage of the convenience store would do so from the Old Main Road which has minimal traffic on it at any given time. The conflict there is much better I think, or the lack of conflict there is much more obvious. Mr. McDonald: Did the ZBA decision say anything about there should be one way traffic there. Mr. Strang: It did under our old site plan in that, that was a condition that this Board wanted, it was a condition that we had no problem with and that traffic would enter from the Main Road or the State road and exit onto the Old Main Road. Now, again, that was with I think six or seven parking places in that parking lot. We are now down to three places in that parking lot and I don't see that a two way in and out from the Old Main Road really is a problem or a condition that is worthy of any concern. Mr. McDonald: The only thing that occurred to me that their decision actually says access shall be. Mr. Strang: I could also ask for a clarification from the ZBA. Mr. Orlowski: For a convenient store, isn't irma. little inconvenient to drive off one road and back on' toanother and then back on. What do they sell in this store? Mr. Strang.: Originally, we had hoped that the Zoning Board would go along with our idea that the convenient store would be accessed from the gas dispensing area. It made a lot of sense. It is not a self service station, it is a full service station so someone while their fuel is being dispensed could take advantage of the convenience store and come out and drive away when the vehicle is finished being fueled. But they felt that it was better for what ever reason to have the entrance solely from the East side of the building and did put a condition in the decision that there would be no access from the West side of the site to the convenience store. Maybe, a convenience store is a misnomer in ~his case but it is still a desire of my client to have a store of this nature at his place of business. Mr. McDon&ld: A condition has been put on it that there shall be an entrance from the North side of the property and a exit from the South side from the subject premises onto the Old Main Road. No exiting shall be allowed on the Main ROad at the Easterly yard area. I guess you have to go back to them and ask them, I mean I guess we have to ask them how they feel about this. If they feel it is a non-issue, it is a non-issue. SOUTHOLD TOWN PLANNING BOARD 24 APRIL 27, 1992 Mr. Strang: I think that condition was predicated on the old site plan which was the desire of this Board and again not a problem with us to have it as a one-way traffic flow through there and it certainly made.sense. Mr. McDonald: But, I imagine I will have to touch base with them. I am not talking about a formal application. Mr. Orlowski: What are you going to sell in this store? Mr. Strang: The usual convenience store items, bread, milk, eggs, beverages. Mr. McDonald: While you are here, I noticed on the plan that you attached the letter that shows the planter boxes in front of the storage area. How are you going access the storage area? Will it be from the rear along with the convenience store? Mr. Strang: There is presently a door from the storage area on the south side of the building or to the storage area from the south side of the building. Mr. McDonald: The overhead doors are not functional? Mr. Strang: The overhead doors are going to be removed and replaced with store front glass. Mr. McDonald: There is an arrow that says p&vement there but there is an arrow that one might think was a entrance way going into the convenience store from the gasoline side. Mr. Strang: That is a carry over from the former site plan, that will be eradicated. Mr. McDonald: So, yOU wouldn't actually have an opposition to moving the planter boxes right along to the ga~ station office? Mr. Strang: No. Mr. Latham: Fifteen feet seems very narrow to go in there. Mr. Strang: It is a standard town criteria for a parking area of.this size. Fifteen foot isle for two way traffic. Up to, I believe if I am not mistaken, up to nineteen cars can be serviced with a fifteen foot entrance in and egress and if you were to go to twenty cars or more then it enlarges to twenty feet in width. If the Board felt that they wanted a twenty foot we could give you a twenty foot opening, it is just again there is only parking there for three cars, it is not like it is a major parking facility. Mr. McDonald: You haven't made any estimates about what you expect in the way of flow here? SOUTHOLD TOWN PLANNING BOARD 25 APRIL 27, 1992 Mr. Strang: Again, it is just a minimal situation and I think you will notice that to be the case in any of the service stations in the area that have convenience stores that every once in a while someone will pull in and make use of it. Most of the time it is people who are getting gasoline and in this case, we are all aware it is going be a little bit of a inconvenience for them to have to go around to the back of the building since there will be no door facing the gasoline side. Mr. McDonald: Can we take it over to our work session? Mr. Orlowski: We will review this. Mr. Strang: I just wanted to present it to the Board and see what their initial input was and answer any questions that you may have at this time. Mr. Orlowski: He does realize that he can't access it from the West side. Mr. Strang: He realizes that, he is happ~ with it but he realizes that that is the condition of his variance and he is willing to accept it. Mr. Orlowski: I know there is a door going into the office which then goes into this building but that would have to be closed off. Mr. Strang: It is closed presently and will COntinue to remain as such. He is aware of the conditions, it is quite explicit from the ZBA and he was aware of that condition. Mr. Orl°Wski: O.K., we will get back to you. Anyone else? Mr. Mudd, I know you are here tonight with a question. Mr. Mudd: I would just like to chat a minute ah~dt a piece of property I own up here on Route 48 and try to explain this twenty-nine acres and I would just like to get the feeling of the Board before I proceed and get Nv~ Shoe laces tied too tight down the road. The lots up and down that road are all one-half acre and on the south and also on the east of that road all one hundred by two hundred and I would like to get the feeling of the Board to see how we could proceed and make the rest of those lots up there on 48 to half acre lots and bY dedicating the other acre and a half as open farm space and it will remain that way as part of a commitment to keep the area in farmland preservation up there with it. At the present time, there is a water main that comes down to the last lot from the south. A one inch water main and I discussed it withthe water company and they were interested in running a main from the Main Road over to Route 48 so they kind of are very interested in doing it but it was going to take more money than I am prepared to SOUTHOLD TOWN PLANNING BOARD 26 APRIL 27, 1992 propose unless I have some assurance that I could get a return back with the lots that we are proposing. If it wasn't going to be feasible at all, why we would just scrap the deal and put the whole place up for sale and sell it as just one unit and let who ever buys it go through that process. I would like to submit two proposals here for you to take a look at and get your feelings back later as to whether this is a practical solution or whether it is too far fetched. Mr. Orlowski: You want to bring those up here and show the Board? Mr. McDonald: Have you been to the Health Department? How close is the nearest main? Do you know where that is? Mr. Mudd: The nearest main is over here on 48 which is a new one and there is a new well. Mr. McDonald: So your property, or parts of your property abuts the main that exists. Mr. Mudd: The main that comes across 48 has been put in there some time ago and it goes from our place there where we have our farm opposite Steve Doroski's and they just put up a new well in directly opposite that house on the corner of Tuckers Lane and 48. They are trying to tie in the water from the Main Road up to 48 but at the present time they don't have a tie in up there. Mr. McDonald: The only reason I ask is because I wonder if when you get to the Health Department When they see that there is a main along your property and they may require you. Their policy is that where there is public water, they make people extend lines and hook in so what ever plans you have you may find yourself there with them telling you whether you like it or not, you have to use public water which could throw all the plans up in the air. Mr. Mudd: Well, if I were to get an indication that the one-half acre lot would be acceptable along Tuckers, then I would be willing to go spend moneywith the Greenport Water Authority to go ahead with that water main. Now, on those five houses that have been shown there, to the south of that property evidently from what I gather they are getting daily phone calls from those people because the first guy that turns the water on, the other four go without. Evidentially, they had a new engineering plan to put a one inch main in there and I guess it isn't quite satisfactory. They complain they have a rust bottle up there because it is on a dead end coming out so it is creating a lot of problems2 They are very willing to talk about putting that main in there but I don't want to get their hopes up if I don't have any prospect of being able to recover my money. Of course, they want and you are probably well aware they want $4732.00 dollars a hook up now. Plus, another $485 SOUTHOLD TOWN PLANNING BOARD 27 APRIL 27, 1992 dollars so you are dumping a lot of money in to begin with with the idea that if I tell them to go ahead with it and find I can't get my money out of it I wouldn't be too happy about the whole thing. Mr. Ward: Are we looking at ten or eleven lots? Mr. Mudd: The house on the corner, I would take that out of the separate one, that's the tenth lot really. It would improve the house. Everyone talking. Mr. Ward: Is this separate from this thing or is this the farm building to go with this lot? Everyone talking. Mr. Mudd: We have one access on there, there is a farm right now down there with those buildings on 48. Mr. Ward: Are there need for building construction to be (inaudible). Mr. Mudd: At this moment, I couldn't answer that, On this part up here, we have seven acres of grapes up there and they are about six or seven years old. If we could, we would like to be able to maintain that and keep that production.~and use it and put in more grapes along there as a conditiOn~of getting the lot size down and it is not anything in that neighborhood that is any greater than that, it is all standard size through there with that same lot on that same road. Mr. Ward: What we have been trying to do with that one large lot is to at least put a building envelope on it where the fazm and house with eventually go. Everyone talking. Mr. Mudd: We would be amendable to wherever you suggest would be a good place. We have no preconceived ideas that it must go here or someplace else. Mr. Ward: So you are looking to us to see if something like this loo~-O.K, to us. Mr. Mudd: Yes, there is another one for three quarter acre lot. I have two more here for a proposal for three quarter acre lot would take that down to eight lots. Mr. McDonald: Essentially, it is the same idea just fewer lots. Mr. Mudd: That is correct. SOUTHOLD TOWN PLANNING BOARD 28 APRIL 27, 1992 Everyone talking. Mr. Mudd: If you have any questions about it, I'll try and answer them. Mr. McDonald: It's about 30 acres right? Mr. Mudd: Twenty-nine acres. Right now, we are using the house and we have seven acres up there that we have in grapes and actually, we held off putting anymore grapes in there up until now because of the fact that I really personally felt that since the Town is moving in that direction, it would be unfair for us to go in there and put the whole thing in grapes when it really should be in houses. Within walking distance of Town and a lot of the things that go with it so we just held off doing anything with it. We didn't put anything in it. We had wheat in there one time, or a couple of times but it just doesn't pay to put the wheat in there. We just keep it cut now. Mr. McDonald: Are you concerned at all about the impact of the USEK? I don't mean that in a good or bad way but it could have an impact. In light of what you saying, it might have an impact on your property. Mr. Mudd: I am in sympathy with the fact that we could strip the area where the houses should be close to Town. I confer that is a good move. Mr. McDonald: I guess what I am asking is, is your long intent that you want to continue this in agriculture, the bulk of the property? Mr. Mudd: Yes. Mr. McDonald: So, even if the plan showed something else, it wouldn't necessarily effect your plans to continue to have the grapes there? Mr. Mudd: We would probably continue it. Can I leave this with you? Mr. Orlowski: Yes, why don't you. Everyone talking. Mr. McDonald: If for some reason it was designated as a higher density, or whatever the plan comes up with you are precluding yourself and kind of cutting yourself off from some of your options. Mr. Mudd: That part is true .except ii I sell it and probably what I will have to do if I can't get some indication as to where I am going to go, I am going to have to sell it one way or SOUTHOLD TOWN PLANNING BOARD 29 APRIL 27, 1992 another. If somebody else were to take it, you are in .the one acre zoning there with no trouble with water on both sides so you are down to 20 or some odd lots in any event. Thank you for your time. Mr. Orlowski:' O.K., we'll get back to you. have any comments or questions here tonight? entertain a motion to adjourn. Does anyone else Hearing none, I'll McDonald: I move we adjourn. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Ail those in favor? Ayes: Mr. McDonald, Mr. Ward, Mr. Latham, ~r. Orlowski. Mr. Orlowski: Opposed? So ordered. Being there was no further business to be brought before the Board, the meeting was adjourned at 8:45. Bennett Orlowski Jr.., Chai~n / RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK Town Clerk, To-~rn ol Soutkol{ .[