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HomeMy WebLinkAboutPB-06/08/1992PLANNING BOARD MEMBERS Bennett Orlowski. Jr., Chairman George Ritchie Latharn, Jr. Richard G. Ward Mark S, McDonald Kennetl~ L Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SOUTHOLD TOWN PLANNING BOARD SCOTF L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York I ! 971 Fax (516) 765-1823 MINUTES Present were: Absent: JUNE 8, 1992 Bennett Orlowski Jr., Chairman G. Ritchie Latham, Kenneth Edwards Richard Ward Valerie Scopaz, Town Planner Melissa Spiro, Planner Holly Peronei, Secretary Mark McDonald Mr. Orlowski: Good evening, I would like to call this meeting to order. Board to set Monday, June 29, 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. Latham: So moved. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Edwards, Mr. Ward, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Hearing Held Over From Previous Meetings: Mr. Orlowski: Paul Matthews (Willow Run) - This major subdivision is ~or 34 lots on 70 acres located on the north side of Mill Road; 852 feet east of Reeve Road, and on the south side SOUTHOLD PLANNING BOARD 2 JUNE 8, 1992 of Soundview Avenue in Mattituck. SCTM 91000-100-2-1. As of yet we have not received the report from the Suffolk County Planning Co~u~ission. 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. Orlowski, Mr. Latham. 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. SCTM %1000-113-8-5o This is at the Zoning Board of Appeals waiting for a determination. I'll entertain a motion to keep this hearing open. So moved. Mr. Latham: Mr. Edwards: Mr. Or!owski: Second. Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Edwards, Mr. Latham, Mr. Ward, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Wolf Pit Estates - Board to discuss amending the Declaration of Covenants and Restrictions for the this major subdivision located on Mill Road in Mattituck. SCTM %1000-107-4-2.1. This is still being discussed with the applicant so I'll entertain a motion to keep this hearing 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. Ward, Mr. Latham, Mr. Orlowski, Mr. Edwards. Mr. Orlowski: Opposed? So ordered. SOUTHOLD PLANNING BOARD 3 JUNE 8, 1992 MAJOR AND MINOR SUBDIVISION, LOT LINE CHA~GES AND SET OFF APPLICATIONS° Final Determinations: 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, Section 1, 2 and 3 is for thirty-five lots on 40.8022 acres. SCTM $1000-35-8-5.3. What is the pleasure of the Board? Mr. Ward: Mr. Chairman, I would like to offer the following Resolution. WHEREAS, Gusmar Realty Corp. is the owner of the property known and designated as SCTM ~1000-35-8-5.3, located at the southwest corner of Main Road (NYS 25) and Shipyard Lane in East Marion; and WHEREAS, this major subdivision, to be known as Summit Estates Section 1, is for ten lots on 17.5036 acres, and is Section 1 of a three (3) section subdivision known as Summit Estates for thirty five lots on 40.822 acres; and WHEREAS, Section 1 contains three (3) parcels of Open SPace (Parcel A, Parcel B, and Parcel C) and one (1) parcel for a Park and Recreation Area (Parcel D), all to be subject to covenants and restrictions as stated in the Declaration of Covenants and Restrictions for the subdivision; and WHEREAS, the Planning Board has required the filing of certain covenants and restrictions for this subdivision, and such covenants and restrictions are subject to the Planning Board having the authority, through appropriate legal action and after due notice to the Declarants, their heirs, executors, legal representatives, distributees, successors, and assigns to enforce the covenants and restrictions contained in the filed Declaration and Covenants and Restrictions; and WHER~R%St this subdivision has been designed as a cluster subdivision in accordance with Section 281a of the New York State Town Law; and WHEREAS, tbs Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, declared itself Lead Agency and issued a Negative Declaration on August 13, 1990; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on May 18, 1992; and SOUTHOLD PLANNING BOARD 4 JUNE 8, 1992 WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have either been met, or will be met by the conditions of subdivision approval; and BE IT THEREFORE, RESOLVED, that the Southold Town Planning Board grant conditional final approval on the surveys dated March ll, 1992, and the final road and drainage plans dated March 13, 1992, subject to fulfillment of the following conditions within six (6) months of the date of this resolution. Failure to fulfill the conditions shall cause this conditional approval to become null and void. Subn~ssion of five (5) paper copies and two (2) mylar maps for the final map for Section 1, all containing a valid stamp for Health Department approval, and revised as follows: (a) The areas labeled "now or fozmerly Gusmar Reality Corp." must also be labeled Section 2 and Section 3 of the major subdivision. (b) Ail existing structures must be shown on the map. (c) The setback line described in Number 2c) below must be indicated on the map. The Health Department's stamp of approval must he valid at such time that all items pertaining to subdivision approval have been submitted, and the final maps are in proper form for endorsement. The draft Declaration of Covenants and Restrictions that was received by the Planning Board on April 16, 1992, must be revised as ~ollows: (a) Number '5 is to be eliminated. (This restriction will be addressed in Number 9 of the Declaration.) (b) (c) The following sentence is to be added to Number 8b "Any use of this area for parking or for any vehicular access to the park and Recreation Area Shall be subject to PlanningBoard approval." Number 9c is to be amended as follows: "Any building, structure or parking to be located on parcel D, shall be subject to Southold Town Planning Board approval. Any building, structure or parking allowed by the Planning Board shall be located to the northerly side of a line connecting the following two points; 250' north of Gardiners Bay on the easterly propertM line of the Park and Recreation area, and 310' north SOUT~OLD PLANNING BOARD 5 JUNE 8, 1992 3e Se d) of Gardiners Bay on the westerly property line of the Park and Recreation area, as indicated on the s~divisionmap for Summit-Estates." The following pertains to Number 11: The 9' wide strip for land parallel to Main Road (N.Y.S. Rte 25) is to be i~,ediately offered to the State of New York for its use. In the event the State does not wish to accept same, the Board will require that any final approval of Sur~it Estates Section 1 contain a condition that the land be available in perpetuity for the State of New York. e) The following statement is to be included in the the Declaration of Covenants and Restrictions: "The dock, and any future expansion of such, shall remain for the exclusive private use and enjoyment of the owner of the lots shown on the preliminary subdivision map for S~t,uit Estates as Lot No 3. such lot being approximate 191,000 square feet in area.'~ Any covenants and restrictions proposed by the Developer in addition to the Declaratian that has been submitted to the Planning Board, must be reviewed by the Board, and the Liber and Page number of the filed document must be stated on the subdivision map. The draft Declaration of Covenants and Restrictions must be revised as per above and must be reviewed and accepted by the Planning Board and Town Attorney. Once accepted, it must then be filed in the office of the County Clerk. A copy of the recorded document must be Submitted to the Planning Board office. The final maps must contain the Liber and Page number of the recorded document. Submission of five (5) copies of the final Road and Drainage plans for Section 1. Submission of a Performance Bond, Letter of Credit, or cash in the amount of $458,475.00. This payment is in accordance with-the approved bond estimate for the three (3) sections of the subdivision. Submission of the $17,880 Administration Fee for Section to This payment is 65% of the Administration fee for the entire project. The fee has been calculated in this manner because the improvements for Section 1 will constitute approximately 65% of the total bond estimate. 6. Verification that the Homeowners Association has been SOUTHOLD PLANNING BOARD 6 JUNE 8, 1992 filed in the office of the Attorney General. 7. A letter from each public utility company whose facilities are proposed to be installed in the proposed subdivision. Such letter(s) must state that the utility company will make the underground installations necessary for the furnishing of its services. 8. The final water supply agreement for Section 1 ~st be notarized by all parties executing the agreement. Mr. Edwards: Second. Mr. Orlowski: O.K., we have a motion made and seconded. Just one clarification l(c) should be number 2(c), we'll just note that. Is that O.K. with the Board? Mr. Ward: O.K.. 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. Orlowski: Opposed? So ordered. Setting of Final Hearings: Mr. Orlowski: George Ste~noski (Southold Fire District) This minor subdivision, is for two lots on 21.044 acres located at Main Bayview Road and Ba~water Avenue in Southold. SCTM ~1000-75-4-22. Mr. Edwards: Mr. Chairman, I would like to offer the following resolution. RESOLVED that the Southold Town Planning Board set Monday, June 29, 1992 at 7:30 p.m. for a final public hearingon the maps dated June 1, 1992. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Edwards, Mr. Ward~ Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. SOUTHOLD PLANNING BOARD 7 JUNE 8, 1992 Preliminary Extensions Mr. Orlowski: Puritan Farms - This major subdivision is for eight lots on 17.551 acres located on the southwest side of Ackerly Pond Lane; approximate 1040 feet northwest of Lower Pond Road in Southold. SCTM $1000-69-5-7. 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 preliminary approval from April 1, 1992 to October 1, 1992. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Orlowski, Mr. Edwards, Mr. Ward. Mr. Orlowski: Opposed? So ordered. Setting of Preliminary Hearings Mr. Orlowski: Briarcliff Acres - This major subdivision is for seventeen lots on 35.7022 acres located on the north side of Main Road off Maple Road in Southold. SCTM $1000-75-2-8 & 9. Mr. Latham: Mr. Chairman, I would like to offer this motion. RESOLVED that the Southold Town Planning Board set June 29, 199~ at 7:35 p.m. for a preliminary public hearing on the maps dated April 16, 1992. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: 'Mr. Ward, Mr. Orlowski, Mr. Latham, Mr. Edwards. Mr. Orlowski: Opposed? So ordered. Sketch Determination Mr. Orl.owski: Richard I.srael and Herbert Mandel - This major subdivision is for nine lots on 20.5668 acres located on SOUTHOLD PLANNING BOARD 8 JUNE 8, 1992 the north side of Main Road in East Marion. SCTM ~1000-22-3-5; 1000-31-4-15.1 and 15.2. Mr. Ward: Mr. Chairman, I would like to offer the following motion. WHEREAS the Planning Board has accepted the Yield Map dated May 29, 1991; and WHEREAS, the property shown on the Yield map as being now or formerly owned by Herbert Mandei, otherwise known as SCTM $1000-31-4-i5.1, shall be merged with the subject property (SCTM ~1000-22-3-5 and 1000-31-4-15.2) prior to any endorsement of the final map, and shall be shown as an additional lot in the major subdivision; and be it therefore RESOLVED that the Southold Town Planning Board grant sketch approval on the map dated May 5, 1992, with the following conditions: Preliminary maps shall include the additional lot (SCT~ $ 1000-31-4-15.1) in the cluster design. 2. A building envelope shall be indicated for the 9th lot. Such building envelope shall be located adjacent to Lot 8. 3. The open space for the clustered subdivision shall be owned by a Homeowners Association. The recorded deeds for all property included in the proposed subdivision shall be submitted. The name of the subdivision and the name of the property owner(s) shall be indicated on the preliminary maps. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. the motion? All those in favor? Any questions on Ayes: Mr. Latham, Mr. Wardf Mr. Latham, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: PlockShellfisher Preserve - This minor subdivision is for five lots on 21.79 acres located on an SOUTHOLD PLANNING BOndeD 9 JUNE 8, 1992 existing right of way off North Bayview road' approximately 935 f,~et east of Reydon Road in Southold. Four of the lots are b~tween 1.7 acres and 2.2 acres in size. The fifth lot is a r.~served area to be conveyed to the Peconic Land Trust. S~TM ~1000-79-5-20.2. M~. Ward: Mr. Chairman, I would like to offer the following r~solution. RESOLVED that the Southold Town Planning Board start the ~ordination process on this T~ype 1 action. M Edwards: Second. M Orlowski: Motion made and seconded. Any questions on the m~tion? All those in favor? Ayes: Mr. Edwards, Mr. Orlowski, Mr. Latham, Mr. Ward. Mr. Orlowski: Opposed? So ordered. Mr. Ward: Mr. Chairman, I would like to make a further resolution. RESOLVED that the Southold Town Planning Board grant sketch approval on the map dated May 26, 1992. r. Latham: Second. Mr. Orlowski: Motion made and seconded, gay questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Ward, Mr. Orlowski, Mr. Edwards. Mr. Orlowski: Opposed? So ordered. Sketch'Extensions Mr. Orlowski: Bergen Hollows - This minor subdivision is for four lots on ten acres located on the north side of Bergen Avenue in Mattituck. SCTM ~1000-112-1-16.1. Mr. Edwards: Mr. Chairman, I would like to entertain a motion. RESOLVED that the Southold Town Planning Board grant.a six month extension of sketch approval from April 1, 1992 to October 1, 1992. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? SOUTHOLD PLANNING BOARD 10 JUNE 8, 1992 Ayes: Mr. Ward, Mr. Orlowski, Mr. Latham, Mr. Edwards. Mr. Orlowski: Opposed? So ordered. Review of Reports: Engineering Mr. Orlowski: Briarcliff Acres - SCTM 91000-75-2 8 & 9. What is the Board's pleasure? Mr. Latham: I move we adopt the Engineers Report dated May 26th, 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. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: David S. and Elizabeth R. Branch - This minor subdivision is for two lots on 3.676 acres located on the northwest corner of Eugene's Road and Skunk Lane in Cutchogue. SCTM $1000-97-3-17 & 18.2. Mr. Edwards: Mr. Chairman, I would like to offer the following resolution. RESOLVED to adopt the Engineer's Report dated May 26th, 1992. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion. All those in favor? Ayes: Mr. Ward, Mr. Orlowski, Mr. Latham, Mr. Edwards. Mr. Orlowski: Opposed? So ordered. MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES, SET OFF APPLICATIONS - STATE ENVIRONMENTAL QUALITY REUIEW ACT Lead Agency Coordination: Mr. Orlowski: Richard Israel and Herbert Mandel - SOUTHOLD PLANNING BOARD ll JUNE 8, 1992 SCTM ~1000-22-3-5 & 31-4-15.1 & 31-4-15.2 Mr. Edwards: Mr. Chairman, I would like to offer the following resolution. RESOLVED that the Southold Town Planning Board start the lead agency coordination process on this unlisted action. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the~motion? All those in favor? Ayes: Mr. Ward, Mr. Orlowski, Mr. Latham, Mr. Edwards. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: PlockShellfisher Preserve - SCTM ~1000-79-5-20.2 Already done. Mr. Orlowski: Mattituck Aviation Corporation - This proposed lot line change is to subtract .43 of an acre from a 32.4 acre parcel and add it to a 15 acre parcel located on Airway Drive in Mattituck. SCTM ~ 1000-123-1-2. Mro 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, start the coOrdination process on this unlisted action. 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. Ward. Mr. Orlowski: Opposed? So ordered. Final Environmental Impact Status Mr. Orlowski: Macari at Laurel - Board to review the Final Environmental Impact Statement dated March, 1992, for completeness. SCTM $1000-121-4-9. SOUTHOLD PLANNING BOARD 12 JUNE 8, 1992 Mr. Ward: Mr. Chairman, I would like to offer the following resolution. WHEREAS the Southold Town Planning Board has reviewed the Final Environmental Impact Statement dated March 1992; and WHEREAS, the Planning Board's environmental consultant, Cramer, Voorhis & Associates, has also reviewed the Final Environmental Impact Statement; Be it therefore RESOLVED that the Planning Board deem the Final Environmental Impact Statement dated Marcy 1992 incomplete, and adopt the report dated May 29, 1992 from Cramer, Voorhis and Associates. Upon receipt of a revised Final Environmental Impact Statement the Board will proceed with their 'review. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Orlowski, Mr. Edwards, Mr. Ward. Mr. Orlowski: Opposed? So ordered. SITE PLANS SITE PLANS - STATE ENVIRONMENTAL QUALITY P~VIEW ACT Determinations: Mr, Orlowski: Peter Jacques - This site plan is for a custom sign shop and storage in two existing building on 19,857 square feet, located on Route 25 in Mattituck. SCTM ~1000-114-11-12. Mr. Ward: Mr. Chairman, I would like to offer the following resolution. RESOLVED that the Sout3aold 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. SOUTHOLD PLANNING BOARD 13 JUNE 8, 1992 Mro Orlowski: Motion made and seconded. Any questions on the motion. All those in favor? Ayes: Mr. Latham, Mr. Ward, Mr. Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Daniel Mooney - This proposed site plan is for the conversion of a residence to an office and the expansion of a one story building on 40,447 square feet located on Route 25 in Mattituck. SCTM ~1000-122-3-4 & 5. Mr. Edwards: Mr. Chairman, I would like to offer the following motion. RESOLVED that the Southold Town Planning Board, acting under the State Envirorn~ental Quality Review Act, establishes itself as lead agency, and as lead agency makes a determination of non-significance, and grants a Negative Declaration. 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. Orlowskio Mr..Orlowski: Opposed? So ordered. APPROVAL OF THE PLANNING BOARD MINUTES Mr. Orlowski: Board to approve the April 27, 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. Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. OTHER SOUTHOLD PLANNING BOARD 14 JUNE 8, 1992 Mr. Orlowski: Verneniotis, Plevritis & Yianourakis Planning Board to authorize the Chairman to re-endorSe the final subdivision map. SCTM ~1000-54-3-21.1. Mr. Latham: Mr. Chairman, I would like to offer the following resolution. RESOLVED that the Southold Town Planning Board authorize the Chairman to re-endorse the final surveys dated November 26, 1991. 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. Orlowski: Opposed? So ordered. (Chaiz~uan re-endorsed .maps.) Mro Orlowski: Moving on to discussions, Mr. Baxter has asked to come in and talk about Baxter Sound Estates. Mr. Baxter: This has been kicking around as you know and I appreciated the effort to reduce the amount of'roadway from the NorthSouth that was originally required to east west that is suggested now. I still have a problem accepting an asphalt strip eastwest out there in the middle of the open fields with no development ~ea!!y on either side of it. An asphalt strip right out in the middle of nowhere , I don't think it is what we really want to do in this community. It certainly is dot what I want and it is certainly not anythi/%g I want if I sold a house eventually. I have no plans for that land right now but if I were to buy or build a house there and as I approached it on this long driveway then there is this big long,asphalt strip on the south side of mY property or as I look out from my porch everyday and saw this asphalt strip going nowhere, I don't thin~ I would call that very attractive either and I think in my situation I can't imagine this being compared to other people in a Similar situation. We have potentiallY, little asphalt strips that might be required of other people in similar situation than mine and I don't think I'm anxious (inaudible) and I am asking that you waive that requirement and other requirements that you may wish. Fire wells or what ever, from a practical standpoint, you must have a firewell and I can't argue with that, I don't really know but I do feel very strongly based on how we approach many other things out here trying to preserve things and keep them looking nice that a asphalt strip be put right out there (inaudible). SOUTHOLD PLANNING BOARD 15 JUNE 8, 19 9 2 Mr. Orlowski: Well, the intent of the Board is as we start developing these long lots, these bowling alley lots, farm lots and clustering up towards the sound is to probably have a eastwest road going through there and right now if We can get the width and get something built for a base, we might accomplish this in the next fifty years. Mr. Baxter: Perhaps., but then that presupposes the party to the west once you have subdivided the property with the road coming right at that juncture and the odds are the way the lots are laid out it probably wouldn't fit to come right in there. Mr. Orlowski: We'd make it fit. Mr. Baxter: Yeah but, you know, and then to continue on a straight line if that follows, you know where does that road location going to all of the other properties, adjoining properties. I still don't think it makes sense and we may at some point just sell either lot to one of the neighbors which would only require a lot line change , added to what he owns in which case we wouldn't need this road. So there are a lot of options to go ahead and do the road out in no where when no one really knows if it is going to be used. I just don't think it makes sense from the environmental visibility standpoint, it isn't going to be attractive. Mr. Orlowski: It is only a sixteen foot SPec road so i~'s not a huge road. Actually just a driveway. Does the Board have any comment on this? Mr. Ward: Just that we have in a concept sense plotted that strip through there and have asked others also to do this which I think one or two have been accomplished already. I realize it is kind of a long, in a sense of a few years, it is a long range goal but at least we have set the dye in motion to do this. Mr. Baxter: You may end up with a awful lot of crummy little roads going nowhere which is not going to look very attractive and I don't think it makes a lot of sense. I can see Billy Manor, we subdivided Billy Manor I don't know how many years ago and I have been taxes right up until now on a little strip that was suppose to be a road and I am still paying taxes. The only reason I am paying taxes is so my name doesn't go in the paper for not having paid taxes and I finally gave up on it this year and I pay the taxes and I have gone through lawyers and everything to try to dedicate these little s~rips to the Town and everybody says it is impossible, you can't doanything about it, I have to pay the taxes. I have already been through this with a road that nothing happens on and at least there, I didn't asphalt it and didn't put firewells and everything else and a hundred and eleven tons of stone blend. I am just not sure we all possess the wisdom to know where these roads are going to be ten, fifteen, twenty and thirty years from now and then have to go and build them ahead of time. SOUTHOLD PLANNING BOARD 16 JUNE 8, 1992 Mr. Orlowski: If we didn't leave the room now, then there wouldn't be a chance. Mr. Baxter: Building the road is something else, dedicating an amount or deeded over any amount of land that is required. I think i~ will be very aesthetically unpleasing. Mr. Latham: Well, we have to plan ahead and this is part of our plan, we will have to make these road~, they won't be straight as an arrow all through there but they are going to be workable I think. We feel we have to do it now. We have to take every opportunity once we decide to put this east west road in we have to make it go and we can't have the Town put the road in, the pavement, that is not right for the Town to have to do it I don't think. Mr. Orlowski: Mr. McDonald isn't here tonight so we'll run it by him at one of our work sessions and get back to you. Mr. Baxter: O.K.. Mr. Orlowski: You don't have to go away because you are on here again with Auto Parts and Mr. Lindsay. Mr. Lindsay: Basically what this pertains to is this request for waiver of site plan for Baxter's building on the intersection of the Main Road and Elijah's Lane. In your last letter to me on May 29th, 1992 there were five items that were specified and I think we have done everything reasonably possible to comply with these five items. The last stumbling block or the one exception that we take, were the suggestions that were offered to do with putting in some sort of island or reducing the entry from Elijah's Lane into that parking area. The problem that we foresee here is that with tractor trailers running at maximum Iengthr which the NYS length is sixty-five feet and carrying a maximum gross load, they must have fifty one feet axle to axle, that is the ~xtreme front axle to the extreme rear axle. AllOWing them access to this parking lot from a road as narrow as Elijah's Lane is going to create some sort of a confliCt here and interfere with the layout of this parking area. What we have tried to do is rearrange the layout of the parking to move all the north parking as far to the north line as possible. I have a newer sketch here that you might like to look at and that would allow us an unobstructed frontage on the Elijah~s Lane to facilitate the truck to pull in there and make & sweeping turn and then back into the overhead door to discharge a load. My major concern here is that I don't know, is there a Town ordinance that requires reduced parking at this time or are you just trying to parallel a State Ordinance that is similar to this. To reduce the entranced tbs size of the SOUTHOLD PLANNING BOARD 17 JUNE 8, 1992 entrance, not the parking, I'm not the parking. Mr. Ward: Normally, we try to fifty or hundred footwidths. lorry the size of the entrance, contain these into curb cuts not Mr. Lindsa¥: We are looking at it as a secondary highway here with no painted markings and a forty mile speed zone a~.~ only about one hundred feet from a stop sign. I don't think we are going to incur big traffic problems here where there is a Main Road location~ Mr. Ward: Normally, in a business zone there is a twenty foot setback before parking even starts. This was an attempt we weren't saying to do that, this was an attempt to, maybe it has to be an island in the middle where you work around both sides of it. It was some way of visually blocking and making the entry a little more aesthetic than what it is and possibly safer than having that wide an opening where cars would just randomly go and pull in and pull out. Maybe if you could put your flow on paper and show what part could be put into a planter of some sort. Mr. Lindsay: What is the issue, the planting or the safety. Mr. Orlowski: The safety. Mr. Lindsay: We keep going back to planting here. Mr. Ward: You are talking about, I don't know how wide that asphalt is. Mr o Lindsay: About one hundred and thirty seven feet. Mr. Latham: How deep is it?{ Mr. Lindsay: Almost sixty-eight feet to the road. Mr. Ward: You know, it is possible you could come in one side and come out the other. Do you back down along the building? Mr. Lindsay: No, right to the front. The two overhead doors are in the front. One we intend to remove and put glass in. Mr. Latham: If you back in from Elijah's Lane, you have to do that. Mro Lindsay: We're trying not to have to back in from Elijah's Land, we're trying to be able to swing in from Elijah's Lane and make a loop in the parking lot and back up to the door as opposed to having to cross a dou301e line of traffic an~back in the diagonal which is going to tie up any traffic that exists on that road at that point. SOUTHOLD PLANNING BOARD 18 J~E 8, 1992 Mr. Latham: I see. Mr. Lindsay: Then the question is, ii you still insist that some sort of change in this line takes place, does it have to be curbing and shrubs or can we entertain something along the lines railroad ties or cement parking stops or something of that nature. Mr. Ward: I don't think our intent was have curbing a~nd everything. If in fact, you know you have got a hUndred and thirty feet, let's just follow through this thing a little bit. If you center it in there what ever dimension you could use, you could put a island, just cut out the asphalt, put some grass in, maybe a tree or two just to break it. Is there anyway that you can work from two sides to get into it rather than the original sketch we gave you. Mr. Baxter: We've operated a business there for thirty years so we have a pretty good feeling on what it is like for a truck to go in and out. Mr. Ward: But, you have to admit that there is a lot of properties in this Town that work with a twenty or thirty foot curb cut and basically you still, have big truoks. Mr. Baxter: Right, one difference here compared to a lot of their locations is the shallowness of the pa~king. It is wide, no problem with its width, but it is only about ten feet longer than a trailer t~uck so anything you put there, not only my truck but the school buses always come in and turn around and make a U-turn on Elijah's Lane, they use it for that purpose and so a truck will come in and make like a horse shoe, like a U-turn and then back into the door. Anything that cuts down that opening, you are going to end up forcing a truck to go out Elijah's Lane and back all the way in and you are asking for major traffic hazard if you are doing it like that. Any kind of island is going to really force him into going out into Elijahs Lane and then backing all the way into it. Mr. Ward: You are saying the~ pull in now and then back into it. Mr. Baxter: Yeah, but they pull in and make a U-turn, you see and they do it all on our property and as soon as you eliminate their maneuvering space you have to do it all on Elijah's Lane and back in which I think would be a disaster. I don't think you really want to do that. Mr. Lindsay: Assuming we do generate significant traffic at that corner which would be a shame if we don't, it is going to be even a greater problem at that point. Mr. Ward: Maybe what we could do is meet you folks in the field and take a look at it. SOUTHOLD PLANNING BOARD 19 JUNE 8, 1992 Mr. Lindsay: That is the best thing I have heard so far. Absolutely. Mr, Ward: O.K.~ let's do that. Mr. Lindsa¥: Do you need a truck? One other item on the list that you had suggested on the planting and we have twenty four trees on the property there, we probably have more than anybody on co~ercial space and there were some suggestions on planting along the road area. Mr. Ward: We were just thinking of a tree or two in that island that is all. It wasn't any intent to re-shrub the place. Mr. Lindsay: Should we call and set up an appointment? Mr. Orlowski: Friday afternoons are usually our times to go out in the field so I'll have Melissa give you a call. Probably about 3 o'clock or 3:30. Mr. Lindsay: Thank you. Mr. Orlowski: I have nothing left on my agenda. Mr. Lark: This is on Brecknock Hall. Are you familiar with the letter that Ms. Scopaz wrote? Mr. Orlowski: Yes. Mr. Lark: You didn't sign it. it? Did you approve of her signing Mr. Orlowski: Yes, I did. Mr. Lark: Has she brought you up to date? Mr. Orlowski: Yes. Mr. Lark: I'm in an odd situation here, I am more or less appearing as a citizen you might-say although I am the temporary receiver in the foreclosure action which is suppose to take place tomorrow. Now, I understand the.attorney for the plaintiff in the foreclosure action has talked to the Town Attorney today. Are you aware of that? Mr. Orlowski: Did the Town Attorney talk to the foreclosure attorney today? Ms. Scopaz: I believe there was a conversation. Mr. Lark: I got a call and I am here primarily to try and prevent what could be a disaster for each and everyone, of you SOU~OLD PLANNING BOARD 20 J~E 8, 1992 and could certainly cost her her employment which I dontt want to see. Mr. Orlowski: How do you figure that? Mr. Lark: They are viewing the letter that was sent out since it was published as possibly being a chilling affect on bitters at the foreclosure sale tomorrow, the timing is impeccable. Now, Ms. Scopaz wrote some what of a retreat today admitting that she did have a plan in your files which cured the violatio~ which I 'took care of about a year or two ago, maybe it was longer than that maybe even three. Pond G, if you will remember. So she based two points in her initial letter saying proposed violations on the property or alleged violations (1) that Pond G is out of conformity which now is admitted is not and (2) that a pump house was constructed next to the well area that is going to be dedicated to the Village of Greenport which is in violation, O.K., the pump house received a building permit and a C.O., the pump house has not been activated but has only been used for testing purposes for DEC. DEC has now approved it and the easements are being drawn hopefully to settle the Greenport litigation which you know the reason that the pump station for the sewage is not on there is because there has been litigation with the Village of Greenport which is pending and that comes up the end of this month and is not settled for trial. The foreclosure action has nothing to do with planning and the process and so on and so forth, it is unfort~nate that one brother holds the mortgage and the other brother holds the title of the land which could change tomorrow morning. Now, since nothing, and of course there has also been some building permits for some foundations which haven't been abandoned but have been deactivated because of the foreclosure suit and the damage in the Greenport Village Lawsuit. Now, I don't think the Town wants to become embroiled and what I came here, she did write a recantation of portions of it and there are no outstanding violations. There is a C.O. for that pump house, that pump house is not being used because it can't be used until the easements and if you were to read all of the regulations, the easements for it do not appear on any site plan either for both the electric lines going in there, the underground service and the water line which will be hooked up to the village. Nor have any easements been drawn or laid out for where they eliminate from the pump house to the project. That was all not assumed but was clearly understood that as we went along and they were going to do something that you would get as built drawings for approvals, like in any project of that magnitude. Now, you would have a leg to stand on to sort of speak if that building was put up without any building permits, withoutany approvals at all from the Town because it is in the township but SOU~OLD PLANNING BOARD 21 JUNE 8, 1992 it was not and it is not activated because it was only for testing purposes and it hasn't been turned over to Greenport because it has to be turned over with the easements and the approval of the Planning Board where everything goes and that won't be done until the lawsuit is settled with the Village of Greenport. And for you to write a letter which is now viewed by me because when I first read the letter late Friday, I just tossed it aside because I knew it was not fact~al and it didn't bother me but apparently it has bothered them and they have Got everybody all whipped up and I think you probably have a duty to have somebody there or have a standby letter that would say at the present time there is none because if it was being used you would have something to go on but it is not being used at all and it can't be used until there is final approval from the health department, the DEC and of course from the Planning Board. So and it was all in the original concept that it would be built in that area shown on the site plan in that General 200 foot because the DEC came in and was unsure, they put monitoring wells and they went through all sorts of restrictions of could or couldn't be done on the pump down because the quality of water there is pure but the problem is they didn't want to pump down and run the problem of salt water intrusion there so that has been another hold up. So, if in fact it is viewed by them and if in fact they can prove that this has had a chilling effect on bitters because there is proposed outstanding violations, I pay taxes here too, there are problems because the insurance won't cover it. I'm here more as a friend than anything else it just won't cover it. That building is not in violation, it has a C.O., a building permit, it has got a C.O.. Mr. Orlowski: It doesn't have site plan approval. Mr. Lark: That is correct because it is not being Used. It's not being used, it's not being used, just like there is no mains, there's no easements- I think I know where they are going to end up when the surveyor locates them because it cuus through the business property then on to the scenic easement area. If you read your things, all the easements are suppose to be but they have not withdrawn or approved, nor has it been turned over to the Village. Mr. Orlowski: Then why didn't someone come in before they built that building to amend the site plan right away? Mr. Lark: It is not required. You will have to show me in your regulations where it is required, any more than the. water mains. Not the water mains necessarily to the development even then they wouldn't be, they would be in the roadway and then there would be final as builts depending on how the electric lines cross the water lines and the sewer lines, you know you've got problems and they have to be all engineered. See that thing is still in the course of construction. You can take the view SO%~THOLD PLANNING BOARD 22 JUNE 8, 1992 you want but if you are on the tail end of it looking in on it, your insurance isn't going to cover you. It bothers me, I am here as a friend because they are all up in arms, they were talking back and forth. Unfortunately, Arnoff has a sickness in his family and he could not devote attention to it and Kiernan wasn't around and they are running around just hot as hornets. Mr. Orlowski: You are just here as a friend. Mr. Lark: I am the temporary receiver in the thing. I am not here as their attorney because I am not their attorney, Steven Slesinger is their attorney. Mr. Orlowski: As the temporary receiver though, who do you represent? Mr. Lark: I represent the court in the foreclosure. I don't have any ax to grind but I do know, because you see when I got a copy of that letter on Friday I just didn't Pay any attention to it because I knew their was no problem with it. I knew that the Pond G had been put back into conformity with the Site Plan. You know it was out of whack ther~ for a while and then we got it back in. I might add at a great expense but it was put back in and this whole thing with the DEC first of all they wanted it here, then they wanted it there so they went back and forth. See, in order to run a testing program of that magnitude you have to have a shelter for the chlorinators and all the paraphernalia that they require for public water in there and that is what the purpose of the pump ho~e was° Mr. Edwards: What are you suggesting we do? Suggesting to us as Planners? Mr. Lark: Somehow or other she has written a letter saying O.K., she was in error, if in effect Pond G conforms. It is not out of Violation. It is my view that she should also write a letter saying that the pump house requires site plan approvals when the easement and all the attendant pertinent things go to put it in use, it is not in use if you understand. So, at least that way a bidder at a sale if they ask if there are any outstanding violations, now there is purposed outstanding violations which, I am not saying anybody is going to sh6w up, I have no'way of knowing, I don't know of anybody because I am not involved with that. But if it did have a chilling'effeCt and if they could produce one value to bid the money, I don't want to be caught in a catch 22 here which could happen to the town to say, yeah, they produced somebody who has gotten so, I'm backing off, I don't want to be dealing this, that and the other thing. They have got a real damage claim and I don't want to see that because that is not true, if you understand what I mean and we are being quote "set up" and I don't want to see that. Mr. Orlowski: We're not setting you up. SOUTHOLD PLANNING BOARD 23 JUNE 8, 1992 Mr. Lark: No, you are not setting me up, you are setting yourselves up through inadvertence, I don't say it was deliberate, it's just the timing was impeccable. Three days before the sale. You should get legal advice on this. The ad has been in the paper for the last four weeks~ Especially if there is no one who is going to buy it in this economic climate, there is a free ~ravy train there and I just don't want to see that because that is wrong, that would tie this whole thing up in further litigation if you understand what I mean and I am afraid the town could come out the looser if theycould produce someone who would have the balance sheet the where with all to do it. I just didn't want to see a problem if you know what I mean and I mean that sincerely, I have been here a long, long time and I just don't want to see a problem on something that is not a problem. Mr. Latham: I'm glad you brought it up, it's a good point good point. , Mr. Lark: I think you ought to talk now. I understand PIarvey Arnoff took off, I understand he took off, his mother is quite ill and so he was suppose to talk to the supervisor but that is neither here nor there. Mr. Orlowski: Well, as long as in theory you understand basically where we are coming from. Mr. Lark: I do, but I don't think, I. will speak for him because I know him quite well personally, I don't think Arnold Walowitz is a devious person but you just gave him a potential gold mine there if' nobody does show up. You have no way of knowing, there are always people looking for a bargain. Mr. Ortowski: If some guy does come in and does buy it and it said all approvals in place and he says, I don't need anything else. Mr. Lark: The Village of Greenport, they arewetl aware there is a litigation going on. Mr. Orlowski: So, there is another litigation that could cause problems? Mr. Lark: Yes, but that has been disclosed and that is going to be settled because th? Village wants desperately to settle it after they cut the water pipe and they are bending over backwards to settle it. I hope it will be settled because I don't want to end up in another Trupin case like they did in the Village of Southampton because the Appellate Division will overturn damages, they are not going to bankrupt the municipality to satisfy somebody's ego if you know what ! mean~ they are just not going to do that. The Yor~ers case was the same way, they won big at the trail court and went to Appeals and said that is fine we will give you what you want but we are ~UTHOLD PLANNING BOARD 24 JUNE 8, 1992 not giving you money. Yonkers was bankrupt at the time you see, I know that because you have to look on but I just did not want that letter which I knew wasn't written for that purpose to be used as a chilling effect if you follow what I mean and we being held for damages, we meaning the municipality. The taxpayers are going to have to ultimately pay the bill that is where it is at. ' Mr. Orlowski: O.K., we'll take a look at it. Mr. Lark: That's the reason I came down because I figured when Arnoff wasn't around you know to take care of it (inaudible) I'm not going to tell them how to do it. I don't think that adds to anything in trying to get the thing through and it could be academic anyway in the fact that Arnold could end up owning it and if that is so then he has got to settle up with. the Greenport situation and then proceed. The one thing you do have if he does buy it or ends up with it and realizes as I do that the only way out is to go ahead and do it, you got a guy who can do it without financing. He's never wanted to do it that was Bruces' project who you know, that was not his project, he did not want to do it, he did not want to. do it and he still doesn't want to do it because what does he need it for? He doesn't need it and he only took it off (changed tape). He is hoping that he won't but then again he has to be realistic because he has to protect. The mortgage situation. What is going to happen on Wednesday, I don't know, if he becomes the official owner. Tomorrow is the sale but then Wednesday is the reality that he is the owner if that happensl I don't know. Now, I have no problem with you amendin~ it if you are thinking that way to say that any future would have to come before the Planning Board, that is far diff~erentlthen telling somebody there is a violation. The easements have to. be approved by you, the easements have to be approved by you because one cuts down on that odd parcel and by McIntosh for the electric will propose and the other goes in where the eXisting because the Village to get in and out has to have a temporary easement because the Main Gate hasn't been constructed or any of that hasn't been constructed So there have to be temporaries. I'v~ always had the view that once they are all settled, with that Greenport litigation, they would have to come back in here anyway. They are minor. I t~nk there was some talk that believe it or not it is ironic how this has gone, someone went out there, remember en we had th~ freshwater wetlands so called violations, now ere are permits for everything and you know nothing~c~anged. They went out and thousands were spent on surveys and .everything else and it just turns out that all of buildings were within conformity and you know you are not allowed go further here or further there but that was understood because we had a bluff problem as you know anyway and we had problems that you guys all took into consideration when we agreed on the final layouts where all those foundations were so I had to kind of laugh and it took about a year and a half to get all the fresh water SOUT~OLD PLANNING BOARD 25 JUNE 8, 1992 wetland permits for what they wanted to declare and what they didn't. Mr. Latham: I am glad you came because you are the only attorney we were able to get a hold of. I mean, we have an a-ttorney's advice. Mr. Lark: I~m involved in this thing, I don't care what they do with it. Mr. Latham: I'm serious, I think it is good. Mr. Lark: I don't want somebody to cash in on what was meant in good faith. Mr. Edwards: The point is very well taken and could very well happen and I am sure it has happened in other places. Everyone talking. Mr. Orlowski: Between you and me it is either calling it a violation or a procedure. Mr. Lark: Well, it is not really a violation. Mr. Orlowski: In our conversation when I signed the maps you said we will be in to amend it. Mr. Lark: You don't understand, it is not being used. It can't be used until all of the easements. I was surprised they issued a C.O. for it. Building permit, yes we needed that but a C.O., I was very surprised with the C.O. for a very simple reason, there was no request for one because it wasn't being used. The contractor to get done said "give me a C.O. too, and he goes out and says yeah, it is all fine". Mr. Orlowski: I'll make a motion that we adjourn. Mr. Lark: It is no good unless all the easements tie up and it is further no good until the recharge basin is set because the Health Department originally took the view you can put the pumping station for the sewage right on top of the well, they didn't care and now all of a sudden they backed off of that and they wanted it a little further away so the question is where, so that is where all of these easements have to tie in with the site plan. Mr. Orlowski: I'll entertain a motion to adjourn. Mr. Latham: So moved° Mr. Ward: Second. Mr. Orlowski: Motion made and seconded, Ail in favor? SOUTHOLD PLANNING BOARD 26 JUNE 8, 1992 Ayes: Mr. Latham, Mr. Ward, Mr. Or!owski, Mr. Edwards. Mr. Orlowski: Opposed? So ordered. Being there was no further business to be brought before the Board, the meeting was adjoured at 8:30 p.m.. Res~ctfully submitted, ~ ,~// ~~ Ja~Rousseau, Secretary nnett Orl~owski, Jr. Chai~ah RECEIVED AND FILED BY THE SOU'fL ( LD _,~ ~,~'~ CLERK To~ Clark ~'~ ....... zouthold