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HomeMy WebLinkAboutPB-09/14/1992PLANNING 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 PLANNING BOARD MINUTES SEPTEMBER 14, 1992 SCOTT L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Present were: Bennett Orlowski Jr., Chairman G. Ritchie Latham Richard Ward Kenneth Edwards Mark McDonald Valerie Scopaz, Town Planner Melissa Spiro, Planner Holly Perrone, Secretary Mr..Orlowski: Good evening, I would like to call this meeting to order. First order of business the Board to set Monday, September 21, 1992 at 4:30 p.m. at the Southold Town Hall, Main Road, Southold as the time and place for a special Planning Board meeting. Mr. Latham: So moved. Mr. Ward: ~Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Latham, Mr. McDonald, Mr. Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Board to set Monday, October 19, at 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. Ward: Second. ~ $OUTHOLD TOWN PLANNING BOARD 2 SEPTEMBER 14, 1992 Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Latham, Mr. McDonald, Mr. Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. PUBLIC HEARINGS Subdivisions - Final: Mr. Orlowski: 7:30 p.m. Bergen Hollows - Thisminor subdivision is for four lots on 10 acres located on the north side of Bergen Avenue in Mattituck. SCTM ~1000-112-1-16.t. We have proof of publication in the local papers and at this time everything is in order for a final hearing. I'll ask if there are any objections to this subdivision? Hearing none, are there any endorsements of this subdivision? Mr. Raynor: I represent Bergen Hollows. You are well aware of the four lot minor subdivision on ten acres, on it exists one residence and several barns. I believe all of the fees have been paid for the subdivision both to the County and to the Town. The sketch plan approval was given by your Board on April 1st 1991, the covenants and restrictions requested by both the County and the Town have been filed with the Town and are still being reviewed by the County Attorney at the Planning Board's request. Back in June the Planning gave this minor subdivision a Negative Declaration on the SEQRA and in August of this year we finally received the approval from the Suffolk County Department of Health Services and the maps are presently at the County awaiting stamping. I believe the Planning Board is in receipt of the letter from the Mattituck Fire District with regard to the location of fire wells. They are going to be located to the East of this minor subdivision on the majar subdivision that surrounds it. and I believe this map is in conformity with section i06 of the Town Code and I would request approval from the Board. If there are any questions, I would he happy to answer them. Thank you. Mr. Orlowski: O.K., any other endorsements of this subdivision? Hearing none, is there anyone out there neither pro nor con but may have information pertaining to the subdivision that may be of interest to the Board? Hearing none, any questions from the Board? Board: No questions. Mr. Orlowski: Being there are no further questions, I entertain a motion to close the hearing. SOUTHOLD TOWN PLANNING BOARD 3 SEPTEMBER 14, 1992 ir. McDonald: So moved. ~iWard:sec°nd- Orlowski: Motion made and seconded~ motion? All those in favor? Any questions on the Ayes: Mr. Ward, Mr. McDonald, Mr. Edwards, Mr. Latham, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. McDonald: I would like to enter 'the following motion. WHEREAS, Joseph A. Wanat is the owner of the property known and designated as SCTM ~1000-112-1-16.1, located on the north Side of Bergen Avenue in Mattituck; and WHEREAS, this Minor Subdivision, to be known as Bergen Hollows, is for four lots on ten acres; and WHEREAS the Southold Town Planning Board, pursuant to the tate Environmental Quality Review Act, (Article 8), Part 617, eclared itself Lead Agency and issued a Negative Declaration on rune 4, 1991; and WHEREAS, a final public hearing was closed on said :ubdivision application at the Town Hall, Southotd, Southold, Iew York on September 14, 1992; and WHEREAS, all the requirements of the Subdivision [egulations of the Town of Southold have been met; and be it therefore, RESOLVED, that the Southold Town Planning Board grant )nditional final approval on the surveys dated May 13, 1991 .hat were received by the Planning Board office on August 27, 992, subject to fulfillment of the following conditions. All ~onditions must be met within six months of the date of this 'esolution. The submission of five (5) paper maps and two (2) mylar maps all containing a valid stamp of approval fromthe Suffolk County Department of Health Services and all revised as follows: ae The driveway for Lot 4 must continue along the common driveway shown for Lots 2 and 3 in order to access the building envelope shown for Lot 4. B. The interior boundary of the conservation easement shown for Lot 4 is to be removed, and SOUTHOLD TOWN PLANNING BOARD 4 SEPTEMBER 14, 1992 the entire area within the outside boundary is to be shown as a conservation easement. A notation must be placed on the map stating that a Declaration of Covenants and Restrictions has been recorded for the subdivision. The Liber and Page number must also be indicated. The August 15, 1992 correspondence from the Mattituck Fire District must be clarified as to whether or not a firewell is required for this subdivision. If a firewell is required, the location of such must be indicated on the final map. The draft Declaration of Covenants and Restrictions must be revised and must be re-submitted for review by the Planning Board and the Town Attorney, Once it is approved, it must be recorded in the office of the County Clerk. The $6,000.00 park and playground fee ($2,000.00 for each lot that does not contain an existing residential structure) must be submitted. Mr. Ward: Second. Mr. OrloWski: Motion made and seconded. Any questions on the motion. All those in favor? Ayes: Mr. Ward, Mr. Latham, Mr. McDonald, Mr. Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: 7:35 p.m. Edward Rouse - This proposal is to set off a 4,207 square foot parcel from an existing 11r514 square foot parcel located at the corner of Sterling Place and Champlin Place in Greenport. SCTM 91000-34-3-28. We have proof of publication in both the local papers and at this time everything is in order for a final hearing. I'll ask if there are any dbjections to this subdivision? Hearing none, are there any endonsements of this subdivision? Mr. Rouse: I would just like to say, that I tried to sell this for two years as a business property but I had four buyers but they went to the bank and that held me up six months on it and then I found out, the Town told me that my grandfather clause is gone so it had to No back to residential. Now, for the last year I have been trying for a set off so I had buyers on both properties, they are both in contract so it is going to get the final O.K. at the closing. SOUTHOLD TOWN PLANNING BOARD 5 SEPTESIBER 14, 1992 Mro Orlowski: Any other endorsements of this subdivision? Hearing none, is there anyone out there neither pro nor con but may have information pertaining to this subdivision that would be of interest to the Board? Hearing none, any questions from the Board? Board: No questions. Mr. Orlowski: Being there are no further questions, Iwill entertain a motion to close the hearing. Mr. Ward: So moved. Mr. McDonald: Second. Mr. Orlowski: Motion made and seconded. Ail those in favor? Ayes: Mr. Orlowski, Mr. McDonald, Mr. Ward, Mr. Edwards, Mr. Latham. Mr. Orlowski: Opposed? So ordered. Mr. Ward: Mr. Chairman, I would like to offer the following resolution. WHEREAS, Edward Rouse, is the owner of the property known and designated as SCT~ 91000-34-3-28, locate~ at Sterling Place and Champlin Place in Greenport; and WHEREAS, this set-off, to be known as Set-off foz Edward Rouse, is for two lots on 11,5t4 square feet; and WHEREAS, the Southold Town Planning Board pursuant to the State Environmental Quality Revie~ Act, (Article 8), Part 617, declared itself Lead Agency and issued a Negative Declaration on February 24, 1992; and WHEREAS, a final public hearing was closed on said Set-off application at the Town Hall, Southold, New York on September 14, 1992; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; and be it therefore, RESOLVE~, that the Southold Town Planning Board approve and authorize the Chairman to endorse the final survey received by the Planning Board on August 26, 1992. Mr. Latham: Second. SOUTHOLD TOWN PLANNING BOARD 6 SEPTEMB~ 14, 1992 Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Edwards, Mr. Orlowski, Mr. McDonald, Mr. Ward. Mr. Orlowski: Opposed? So ordered. (Chairman endorsed maps.) Preliminary Hearings: Mr. Orlowski: Petrol Stations - This ma~or subdivision is for four lots on 5.836 acres located on Main Road, 264.57 feet west of Alvah's Lane in Cutchogue. SCTM ~1000-109-1-23. We have proof of publication in the local papers and at this time everything is in order for a preliminary hearing. I'll ask if there are any objections to this subdivision? Hearing none, are there any endorsements of this subdivision? Mr. McLaughtin: Good evening, t have here on behalf of Petrol Stations, Basically, I am just here to answer any questions. Mr. Orlowski: Any other endorsements? Hearing none, is there anyone out there neither pro nor con but may have information pertaining to this subdivision that would be of interest to the Board? Hearing none, any questions from the Board? Board: No questions. Mr. Orlowski: Being there are no further questions, I'll entertain a motion to close the hearing. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr.~ Latham, Mr. Ward, Mr. Edwards, Mr. McDonald, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. McDonald: Mr. Chairman, I would like to make a motion. RESOLVED that the Southold Town Planning Board grant preliminary approval on the subdivision map dated January 16, 1992, and the Grading and Drainage plan dated July 12, 1992, with the following conditions of approval: 1. Ail str~mtures located on proposed Lot Number 4 must be accurately located and labeled. 2. A Declaration of *Covenants and Restrictions must be SOUTHOLD TOWN PLANNING BOARD 7 SEPTEMBER 14, 1992 submitted containing the following: ae Upon completion of the proposed road, the existing access to the buildings located on proposed Lot Number four is to be eliminated. Access to this lot is to be from the proposed road only. The vegetated buffer area shown on the subdivision map for Petrol Stations Ltd., is to remain undisturbed. Maintenance of the natural vegetation [removal of dead or diseased plants) shall be the only activity allowed in the area. Mr. Edwards: So moved. Mr. McDonald: Seco.nb. Mr. Orlowski: Motion made and seconded. Ail those in favor? Ayes: Mr. McDonald, Mr. Edwards, Mr. Latham, Mr. Ward, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: So~thold Villas, Section Two - This major subdivision is for sixteen lots on 9.011 acre located on the west side of Main Road in Southold. The parcel ~s located in the Affordable Housing District and is Section Two of the Southold Villas Development. The lots in Section Two are not affected by the provisions of the AHD. SCTM 9 1000-70-1-P/O 6. I am going to hold this hearing open in order for the 30 day lead agency period to be completed. That is why next Monda~ we will have a special meeting to close this. Now,. I will ask if there are any objections to this subdivision? Hearing none, are there any endorsements of this subdivision? Hearing none, is there anyone out there neither pro nor con that may have information pertaining to this subdivision that would be of interest to the Board? Hearing none, any questions from the Board? Board: No questions. Mr. Orlowski: Being there are no further questions, I will entertain a motion to keep this hearing open. Mr. Edwards: So moved. Mr. Ward: Second. Mr. Ortowski: Motion made and seconded. Ail those in favor? SOUTHOLD TOWN PLANNING BOARD 8 SEP~ER 14, 1992 Ayes: Mr. Edwards, Mr. Latham, Mr. Ward, Mr. McDonald, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Hearings Held Over From Previous Meetings: Mr. Orlowski: Eleanor Sievernich - This mino~ subdivision is for two lots on 3.743 acres located on the east side of Cox Neck Lane in Mattituck. SCT~ ~1000-113-8-5. This hearing was opened on October 2, 1990 and they are still at the Zoning Board of Appeals and until they reach a decision there, I'll entertain a motion to keep this hearing open. Mr. Edwards: So moved. Mr. McDonald: Second. Mr. OrlowSki: Motion made and seconded, Any questions on the motion? All those in favor? Ayes: Mr. McDonald, Mr. Edwards, Mr. Ward, Mr. La~nam, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. MAJOR AND MINOR SUBDIVISIONS~ LOT LINE CHANGES AND SET OFF APPLICATIONS Final Determinations Mr. Orlowski: Final determination on Rouse in done. Final Determination: Re-endorsements: Mr. Orlowski: Joh~ Wickham - This minor subdivision is for two lots on 10.550 acres located on New Suffolk Road in Cutchogue. SCTM $1000-110-8-32.i. Mr. McDonald: Mr. Chairman, I would like to make a motion. RESOLVED that the Southold Town Planning Board authorize the Chairman to re-endorse the final surveys dated January 16, 1990. Mr. Latham: Second. SOUTHOLD TOWN PLANNING BOARD 9 SEPTEMBER 14, 1992 Nr. Orlowski: Motion made and seconded. Any question~ on the motion? All those in favor? Ayes: Mr. Latham, Mr. McDonald, Mr. Edwards, Mr. Ward, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Setting of Final Hearings: Mr. Orlowski: Spectacle Ridge, Inc. - This proposed lot line change is to subtract 1.2715 of an acre from a 15.245 acre parcel and add it to a nineteen acre parcel to expand an existing vineyard. SCT~ $1000-73-t-3.1 and 84-1-2. I'll entertain a motion to set this final hearing. Mr. Edwards: Mr. Chairman, I would like to offer the following resolution. RESOLVED that the Southold Town Planning Board set Monday, October 19, 1992 at 7:30 p.m. for a final public hearing on the maps dated August 26, 1992. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any q~zestions onthe motion? All those in favor? Ayes: Mr. Ward, Mr. Latham, Mr. Edwards, Mr. Orlowski, Mr. McDonald. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Spectacle Ridge, Inc. This proposed lot line change is to subtract .5138 of an acre from a 6.1094 acre parcel and add it to a 19 acre parcel to expand an existing vineyard. SCTM ~1000-84-1-2 & 4. Mr. Ward: Mr. Chairman, I would like to offer the following resolution. P~SOLVED that the Southold Town Plannin~ Board set Monday, October 19, 1992 at 7:35 p.m. for a final public hearing on the maps dated August 26, 1992. Mr. Latham: Second. Mr. OrTowski: Motion made and seconded. Any questions on the motion? All those in favor? SOUTHOLD TOWN PLANNING BOAR~ 10 SEPTEMBER 14, 1992 Ayes: Mr. Latham, Mr. Ward, Mr. Edwards, Mr. McDonald, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Sketch Determinations: Mr. Orlowski: Harbor Park Homes - This major subdivision is for five lots on 9.04 acres located on the east side of Hazbor Lano' 675 feet south of Main State Road in Cutchogue. SCTM $1000-97-6-17; 103-i-20.5 & 20.6. Mr. Latham: Mr. Chairman, I would like to offer the following resolution. RESOLVED that the Southold Town Planning Board grant sketch approval on the maps dated April 3, 1992. Mr. Ward: Second. Mr. Orlowski: Motion m~de and seconded. Any questions on th.e motion? All those in favor? Ayes: Mr. Ward, Mr. Latham, Mr. McDonald, Mr. Edwards. Mr. Orlowski: I would like to note that I abstain.from voting since they are family somewhat. Sketch Extensions Mr. Orlowski: John & Joan Petrocelli - This minor subdivision is for two lots on 9.8 acres located on the east side of Paradise Point Road in Southold. SCTM ~1000-8i-3-19o5 Mr. McDonald: Mr. Chairman, I would like to make a motion. RESOLVED that the Southold Town Planning Board grant a six month extension of sketch approval from September 30, 1992 to March 30, 1993. Conditional sketch approval was granted on September 30, 1991. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. McDonald, Mr. Latham, Mr. Edwards, Mr. Orlowski. SOUTHOLD TOWN PLANNING BOARD 1t SEPTEMBER 14, 1992 Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Thomas Shalvey - This proposal is to set off a 1.$37 acre parcel from a 21.782 acre parcel located at the southeast corner of Middle Road (CR 48) and Bridge Lane in Cutchogue. SCTM ~1000-84-2-2. Mr. Ward: Mr. Chairman, I would like to offer the following resolution. RESOLVED that the Southold Town Planning Board grant a six month extension of sketch approval from September 10, 1992 to March 10, 1993. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Ward, Mr. Orlowski, Mr. McDonald, Mr. Edwards. Mr. Orlowski: Opposed? So ordered. Review of Reports: Engineering Mr. Orlowski: Baxter Sound Estates - This minor subdivision is for two lots on 5.022 acres located on the north side of Oregon Road; 1100 leer'west ~f Bridge Lane in Cutchogue. SCTM ~1000-72-3-2.1 & 3. Mr. Latham: I would like to make a motion. RESOLVED to adopt the engineer's report dated August 2B, 1992. Please note that it is not necessary for the Town Board to also grant a waiver, as stated in the report. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Latham, Mr. Edwards, Mr. McDonald, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. SOUTHOLD TOWN PLANNING BOARD 12 SEPTEMBER 14, 1992 Mr. Orlowski: Harbor Park Homes - SCTM 31000-97-7-17; 103-1-20.5 & 20.6. Mr. McDonald: Mr. Chairman, t would like to offer the following motion. RESOLVED that the Southold Town Planning Board adopt the August 17, 1992 Engineering Inspector's Report~ Mr. Ward: So moved. Mr~ Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Edwards, ~r. Mcdonald, Mr. Latbam. Mr. Orlowski: I will abstain. Mr. Orlowski: Opposed? So ordered. Bond Determinations: Mr. Orlowski: Baxter Sound Estates - SCTM ~1000-72-3-2.1 & 3. Mr. Edwards: Mr. Chairman, I would like to make a motion. RESOLVED to adopt the bond estimate dated August 28, 1992, and to recommend same to the Town Board. The bond estimate is in the amount of $52,250.00, with an inspection fee in the amount of $3,135.00. 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. McDonald, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. OrloWski: Southold Villas, Section Two SCTM ~t000-70-1-P/O 6. Mr. Ward: Mr. Chairman, I would like to offer the following resolution. RESOLVED to adopt the revised bond estimate dated September 10, 1992 for Phase II of the Southold Villas development, and to recommend adoption o~ same by the Town Board. The revised bond SOUTHOLD TOWN PLANNING BOARD 13 SEPTEMBER 14, 1992 estimate is $34,950.00 with a 6% administration fee in the amount of $2,097.00. Mr. McDonald: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. McDonald, Mr. Ward, Mr. Edwards, Mr. Latham, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. MAJOR DdqD MINOR SUBDIVISIONS, LOT LINE CHANGES, SET OFF APPLICATIONS - STATE ENVIRONMENTkL QUALITY REVIE~ ACT Lead Agency Coordination: Mr. Oriowski: Harbor Park Homes - SCTM ~t000-97-6-17; 103-1-20.5 & 20.6. Mr. McDonald: Mr. Chairman, I would like to make a motion. RESOLVED that the Southold Town Planning Board start the lead agency 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. Ward, Mr. McDonald. Abstain: Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Determinations: Mr. Orlowski: Spectacle Ridge, Inc. - SCTM $1000-73-1-3.t and 1000-84-1-2. 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, de an uncoordinated review of this unlisted action. The Planning Board established itself as lead agency, and ~ lead agency SOUTHOLD TOW~ PLANNING BOARD 14 SEPTEMBER 14, 1992 makes a determination of non-significance, and grants a Negative Declaration. ~r. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. LDtham, Mr. Ward, Mr. Edwards, Mr. M~Donald, Mr. Orlowski. Mr. Orlowski: Mr. Orlowski: Opposed? So ordered. Spectacle Ridge, Inc. - SCTM 91000-84-1-2 & 4. RESOLVe. that the Southold Town Planning Board actin~ under the State En¥lronmental Quality Review Act, do an uncoordinated review on this unlisted action. The Planning Board establishes itself as Le~d Agency, and as lead agency makes a determination of non-s~gn~f~cance and ~rants 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. Edwards, Mr. Ward, Mr. Latham, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. SITE PLANS SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Lead Agency Coordi~ation Mr. Orlowski: Brewer Yacht Yard This proposed site plan is for a maintenance and storage building, a pool and rest room facilities at an existing marina and yacht yard. Clubhouse to be relocated to pool area, located on Manhasset Avenue and Beach Road in Green~ort. SCTM ~100~-43-3-2. Mr. McDonald: Mr. Chairman, I would like to offer the followin~ motion. Mr. Ward: Mr. Chairman, I would like to make a motion. SOUTHOLD TOWN PLANNING BOARD 15 SEPTEMBER 14, 1992 RESOLYED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, start the coordination process on this Type I action. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. McDonald, Mr. Edwards, Mr. Latham Mr. Ward, Mr. Ortowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Bridgehampton National Bank - This proposed site plan is for a bank drive up window in an existing vacant building in Mattituok Shopping Center, Mattituck. SCTM $ 1000-142-1-2o Mr. Edwards: Mr. Chairman, I would like to make a motion. RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, start the lead agency coordination process on this unlisted action. The coordination process is being starte~with the understanding that a traffic study will be submitted as part of the environmental assessment form. The Planning Board requires that the entire shopping center site plan be submitted showing the proposed drive-thruwindow and new curb cut. Until the traffic study and shopping center sita plan are made a part of the asses~uent materials, the environmental review cannot be completed. Mr. McDonald: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Edwards, Mr. McDonald, Mr. Latham, Mr. Ward, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Mattituck Airport - This proposed site plan is for the construction of a 3,540 square foot addition to storage building~ a 840 square foot addition to the office buiId~ng and $OUTHOLD TOWN PLANNING BOARD 16 SEPTEMBER 14, 1992 new 5s850 square foot airplane storage building, located on Airport Drive in Mattituck. SCT~ 91000-123-1-2. 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, start coordination process on this unlisted action. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? Ail those in favor? Ayes: Mr. Latham, Mr. Ward, Mr. McDonald, Mr. Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. OTHER Mr. Orlowski: Mr. Charles Cuddy has scheduled an appointment to talk about Conrad Bagenski subdivision. Mr. Cuddy: I am here on behalf of Bagenski in reference to their three lot subdivision which is off the Main Road in Cutchogue. I ha.ye been here on a number of occasions and we still have some serious differences and I said I would try and correct some of those differences and also call your attention to the things that I think might be oversight on your part. This essentially is a three lot subdivision, each lot being two acres. You term it a major subdivision and I am not sure why, because there is an existing road that is going to be improved? To determine it a major subdivision because you are hoping to get $2,000 per lot, that is just a very unfortunate approach to subdividing. Mr. McDonald: For what? Mr. Cuddy: Park and Recreations fees. Mr. McDonald: You get that in minor subdivisions as well. Mr. Cuddy: Apparently you do-and I think that is unfortunate also but if that is not the reason then we lose all reason altogether because you can't tell me it is a major s~bdivision because there is a road and because there is a road it is a major subdivision. There is s~mething wrong with that kind of logic. As far as I am concerned, it is a minor subdivision and that is just the starting point. SOt~HOLDTOWN PLANNING BOARD 17 SEPTEMBER 14, 1992 You wrote me two letters and I gave them to you and I highlighted sections of those letters. You wrote me on July 17th, 1992 and five weeks later on August 25, 1992 you wrote another letter. In the first letter you said to me, and this is the part that I highlighted. Because the highway specifications are not part of the subdivision regulations, the Planning Boald does not have the power to reduce the road specifications. You must obtain a waiver from the Highway Superintendent and the Town Board. I went to the Highway Superintendent and the Highway Superintendent refers to the Town Engineer and the Town Engineer suggests to you that we do get a waiver as I read his letter. You then addressed me after getting that back from the Engineer and from the Highway Superintendent in the letter of August 25, 1992 and at the end of your letter of August 25, you say that it is the opinion of this Board that the proposal as such does not warrant an additional waiver. In one letter in July, you tell me you don't have the power and in August you tell me you are making a dete~minatio~ that we can't have a waiver and I don't know how you do that. I believe that your first letter was correct and I submit to you that you don't have the power and that the Engineer and the Town Highway Superintendent made a determination and I would ask that that be passed on to the Town Board if that is the appropriate procedure. I believe that this is a minor subdivision and I bring this to your attention because it is significant to my client. One lot has a house and a driveway that we discussed several times. That leaves two vacant lots. If we put, as you would like us to, a road that has a four inck compacted base, three quarter inch stone, if I add this top to it and some sort of binder in between, the estimates I get are $17.00 a square yard. We have over a thousand square yards and we are talking about somewhere about $17,000 dollars for the road for two lots, an existing road. We have a firewelt and we will get to that in a minute but the firewell is going to cost us probably $10,000 or $12,000 dollars. We paid you $2500 in filing fees, there are surveying fees and they are a couple of thousand dollars. When we get through witb the Parkand Recreation we are going to have per lot cost of the vacant lots of over $15,000 dollars per lot. That is enormous, people cannot subdivide under those circumstances. I am going to ask you to really consider what you are doing to the minor subdivision. This is an old farmer who is giving his children some lots and he is giving them at a cost of close to $20,000 per lot and I think that is high. I would hope you would take a strong look at the philosophy behind what you are doing. But, more importantly, I would ask you to go back to your letters of the 17th of July of the 25th of July and make a determination that this matter with reference to the roads is either weighed or it is sent on to the Town Board for their determination. The expense to my client has becoming erroneous and I believe they are entitled to a further waiver and I would ask you to look SOUTHOLD TOWN PLANNING BOARD 18 SEPTEMBER 14, 1992 again at these letters and make that determination. I am concerned that the cost has just become prohibited. I want to address the question of firewells and I have asked you once before where your authority is for the firewells? It certainly is not in your part of the code. If it is not there, I would submit to you that you don't have it. The fact that there are specifications set forth in the code deesn't mean that you can have people install firewells and you ask somebody to install firewells, you ask them to bear the entire cost, so essentially what you are asking them to do with this road. Again, I think that is too much but more importantly, you don't have the authority to do that so I ask you to look specifically at the road and I ask you to look at the firewell and I ask you to retract some of the things that you have done because I think they are in error and therefore I submit to you that the letter of July 25th should be revised and I am asking you to do that. I am here and I have taken some of your time so please take more of it if you have some questions because I would really like to have my client to have the opportunity to have some of these things resolved. Before I close, I will say this, you wrote me a letter six months ago and said our time expires on October 1st, my client took six months alone just to get approval from the Health Department because we had. to do two deep wells that were over 160 feet so I would ask this Board to consider that and grant him some additional time to finish this subdivision. Thank you. Mr. Ward: Mr. Cuddy, on the road itself, the report from Mr. Richter where he had recommendations on the sixteen foot road, is that a contention? Mr. Cuddy: No, I have no problem with the sixteen foot road, what I am concerned about is the type of surface. Mr. Ward: What t am saying is that he has put in here, in this particular memorandum his recommendation to upgrade the existing road. Is that a bone of contention? Mr. Cuddy: That's not a contention. I agree with that. Mr. Orlowski: Does anyone else have any questions? For that extension, if you get us a lette~, we can do it at our next meeting next Monday. There will still be time. Mr. Cuddy: O.K. thank you. Mr. Cuddy: Could I have the opportunity to return because I am also here for people named Taggart? Mr. and FAts. Taggert are in the audience and I represent Linde Taggart. She owns a piece of property, a half acre, just east of (inaudible) on the Main Road. The Taggarts have submitted a site plan applicatien sometime I understand it in May of this year~ They then went to the Zoning Board of Appeals because there was concern that they SOUTHOLD TOWN PLANNING BOARD 19 SEPTEMBER 14, 1992 had an existing merged lot and also maybe the parcel wasn't appropriate_for the shop they proposed. The Zoning Board then made two determinations. One having to do with the variance and the other having to do with special exception. The variance was granted and the variance effectively unmerged the lot that was there. It was an adjoining lot. A special exception was granted and_that said that they could have a nautical antique shop on that site. Since they have heard nothing from the Planning Board, they would like the Planning Board to let them know that this matter, site plan wise was proceeded and it would be on your next calendar unless there is some problem with this application. They have had some letters from you and I won't let them go by because I think that you should be aware that I am aware of them so that all of us can be talking about the same thing. The letter at one time talked about a minor subdivision requirement, I don't understand that in light of the variance that was granted because the lots are no longer merged. If the card thinks that a mlnor subdlvlsl.on ~s required or a s~ngle and separate search is required, I would ask that you tell us now, because I need to know why they would be required? They need to know now. Mr. Orlowski: You agree that the lots have been merged. Mr. Cuddy: No, they are unmerged now. Mr. Orlowski: They were merged. Mr. Cuddy: They were merged at a point and time sure. They admitted that. Mr. Orlowski: Who subdivided them after that? Mr. Cuddy: At this point, they are not merged any longer. So when you say who subdivided them, I am not sure that is a question that can be answered~ Mr. Orlowski: Since the Planning Board is the only Board in this Town that can subdivide land, how did they get subdivided? Mr. Cuddy: Maybe we are putting the cart before the horse. There are two lots, A and B and A and B have different ownerships ~ud ilf you can tell me how you c.an t~ke A and B with different o~nership and subdivide th~m, then it will b~e something new to me. I think the~ are unmerged lots. The Zoning Board has said in their decision they are unmerged lots and there is no question about subdivision in there. The lots don't exist as one lot, they are separate lots and they would like to move on the basis ~hat they are separate lots. I don't know how you can say go to a subdivision when you don't have lots that are ~oined. It is fundamental, I agree with you, I don't understand the position that you are coming from. Mr. Orlowski: You do understand me? SOUTHOLD TOWN PLANNING BOARD 20 SEPTEMB~ 14, 1992 Mr. Cuddy: I understand what you said, I don't understand that it has meaning. I don't believe it has meaning. I believe what I said has moreW meaning. What I said is that once they are unmerged, they are unmerged completely. They don't exist as A, they exist as A and B. You can't ask someone to subdivision something when it is already subdivided. The point of merger is is that they ~ither come together or go apart, tf They come together you Set them apart. When you set them apart, they don~t exist together anymore. Mr. Orlowski: Who set them apart? Mr. Cuddy: The Zoning Board did. The Zoning Board has that authority by ~aw. It is. not a ~destion of subdivision, I heard what you said but it doesn't make sense to me. It is a fundamental question, I agree with you but I don't understand how you get to the point of asking somebcd~ to subdivide. More importantly, these people have had an application before the Board for three or four months and I assumed that what you were waiting for was the Zoning Board determination and hopefully it would be on the next calendar. Just to clear up the other point, there is no question that single and separate search is inappropriate. There just isn't any basis for a single and separate search. Mr. Orlowski: What would it show us though? Mr. Cuddy: Why would you ask for it? I'll ask you the question. Mr. Orlowski: The bottom line is just so we know if it has been subdivided or not. Mr. Cuddy: It doesn't make any difference because you have even if you found it wasn't and I admit at one point it was merge~, it is not unmerged and so a single an~ separate search isn't going to show you one. I stand here before you saying yes, for a two year period out. of the last 150 to 300 years it was merged and the Zoning Board said now, it is no longer merged so not sure what we would be doing except going around and around on the same application. But, I don't understand what jurisdiction you would have to ask the question to give this a single and separate search. Mr. Orlowski: The Planning Board just wants to know who subdivided the land. Mr. Cuddy: I think it is irrelevant, it wouldn't matter anymore. I don't understand why it is so important to know whether it is subdividad or unsubdivided. I come to you and I say, she owns the lot, Linda Taggart, her name alone, no one else. There is no one else. There is no lot around her that has anybody else's name on that is the same as hers. All of them are different. At one point in time there was a two year period when two lots in the area had the sam~ names on them. SOUTHOLD TOWN PLANNING BOARD 21 SEPTEMBER 14, 1992 They no longer have that. They haven't had it and the Zoning Board has determined that it doesn't exist. They have come before youlwith a separate map and I think they are entitled to have it approved. I am not sure why we go around with this because I think that is unfair to an applicant to take them on a tour like this. It has no particula~ meaning except to extend the time for their site plan approval. I don~t think it does anything for the Town. Mr. Orlowski: It wouldn't extend the time for the site plan because we are going to do bo~h simultaneously. Mr. Cuddy: I am saying right now, by doing this we are not really getting the site plan an~ I don't know any purpose in doing it. Mr. Orlowski: I know but I have been here for quite a while and I can't remember a single instance where them subdivided land and I have been here when there have been many, many parcels merged by title and we had to s~bdivide them. They had to come in and apply for a subdivision. Now, this is totally new to me that the Zoning Board can subdivide land and I am just asking a question as to how it got subdivided? Mr, Cuddy: You and I aren't talking the same side of the issue. I am saying to you the property is unmerged and you are saying to me no, it is merged add I am saying, no Mr. Orlowski it is not. It is unmerged. It is very important from my point of view to accept the fact that somebody un merged it. I don't care what you call it, but you can't call it subdividing because they unmerged the lot, if that is what you are talking~ about. They are entitled to take a lot and treat it like that and say that it doesn't any longer exist as a single lot. They did that, once they did that, it is done. I can't find any rhyme or reason in what you saying as far as subdivision goes. Once it is done, it is done. We can't put them back together. I could not bring you a map to ask you to subdivide this lot and that is what you are asking me to do. It hasn't been for years as a matter of fact. The last six years this has not been in (inaudible) and it wasn't except for a twenty-three month period. Years and years and years ago. So, I am saying to you it is not a question of Subdivision. M~. Orlowski: Does the Board have any comments of questions? Mr. Ward: Mr. Cuddy, I feel what we do in fairness to your client and to yourself in what you are asking is that we will get a response to you by Monday. Mr. Cuddy: I would ask that you schedule a site plan however you are doing it at your next meeting because of even if you were to the issue with me and that issue would be a serious, serious dispute and if we had that issue I would still ask that the site plan go ahead. I understand the Board has the SOUTHOLD TOWN PLANNING BOARD 22 SEPTEMBER 14, 1992 authority they think to say do it but I would tell them that I would think you are wrong and that is why I am here tonight because this question has been brought to my attention and they asked me appear on their behalf because they thought they needed someone to come in and address that question. Mr. OrlowSki: I think you can understand myposition. I haven't seen this before and I have had to tell many other applicants to come in and set off their properties because they were merged by title. Mr. Cuddy: With all due respect I would say .that was an error and if that happened, to ask somebody to do that again. Mr. Orlowski: Well, somebody had to subdivide them again but you are saying the Zoning Board did it. Mr. Cuddy: I think is is an absolute (inaudible) to say that you subdivide a merged parcel, I just don't know how you can do it. We are down to Pretty fundamental concepts in life but I don't know how you can take something that is not together and make it to~ether and that is what I am saying to you. I understand you are going to get back to me so I won't prolong. Mr. Orlowski: O.K., I am at the end. of my agenda, are there any other questions or comments from the audience? Hearing none, any questions from the Board? Board: No questions. Mr. Orlowski: I'll entertain a motion to adjourn. Mr. Ward: So moved. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. All in favor? Ayes: Mr. Ward, Mr. Latham, Mr. Edwards Mr. McDonald, Mr. Orlowski. ' Mr. Orlowski: So ordered. RichA~ G, Ward" Chairman