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HomeMy WebLinkAboutPB-11/02/1992PLANNING BOARD MEMBERS Richard G. Warn, Chairman George Ritchie Latham, Jr. Bennett Orlowski, Jr. Mark S. McDonald Kenneth L. Edwards Town Hall, 53095 Main Road P, O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD ~NLT~ES NOVEMBER 2, 1992 Present were: Bennett Orlowski, Jr., Chairman Richard Ward G. Ritchie Latham Kenneth Edwards Mark McDonald Harvey Arnoff, Town Attorney Matt Kiernan, Assistant Town Attorney Valerie Scopaz, Town Planner Melissa Spiro, Planner Holly Perrone, Secretary Mr. Orlowski: I call this meeting to order. The first order of business is the Board to set Monday, November 23, 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: Moved Mr. Ward: Second. Mr. Orlowski: Motion moved and seconded. All 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. James Bitses -- This proposed minor subdivision is located on the south side of Main Bayview Road in Southold. SCTM~ 1000- 87--5-21.1 & 21.2. We have proof of publication in the local papers, and at this time evez-ything is in order for a final hearing. Southold Town Planning Board 2 November 2, !992 Mr. Orlowski: I'll ask if there are any objections to this subdivision? Elizabeth Schloss: I'm a resident at The Cove, which is exactly across the creek from where Mr. Bitses' property is. I have lived in Southold for about 20 years. I'm here because I enjoy the area, and I would cer- tainlybemore than terribly upset to see anythinG less than ordinary residential zoning applied to that property. I have some photos taken at high tide, of the property from my deck and the flood tide there shows that this property has alot of very interesting waterfront that we in the Town should work seriously to preserve. I think anything less than two acre zoning for residential property in that particular location would endanger a great deal of beauty in this town. Mr. Orlowski: Would you state your name for the record please? Elizabeth Schloss: Yes, I'm Elizabeth Schloss. I'm a .homeowner. Mr. Orlowski: OK. Any other objections to this subdivision? Are there any endorsements of this subdivision? James Bitses: The property is 15 acres. It was originally four small lots belonging to my sister Katherine and the larger parcel belonging to me, with an entry on the westerly side. You granted four lots in 1979. Entry to my parcel was on the westerly side. However, around 1984 or 85, some of the people across the road claimed a right of way and as a result thereof, I asked my sister to trade off 50 foot rights of way and to shift the four lots to the west, so that the claimed right of way, whether-it's legitimate or not, would not interdict the fourth lot. That means there were four small lots and a large piece of property in front of it, and ~xe had shifted the right of ~y to coincide with the claimed right of way of the people across the road. Thereafter, my sister Katherine asked me if I would give her 800 feet of waterfront, so that she could take these lots and allocate 200 feet to each lot. I Got a hold of Van Tuyl and I asked him to draw up the map and he did. As a result, he had four lots, large lots now, belonging to Katherine Bitses, and a small lot still belonging to me. Five in total, as always. There always have been five in total. Now the fifth lot, belonging to me, encompasses the 50 foot right of way that is claimed by the people across the road. And because of that, I transferred that particular piece of property to Old Town Associates, because of the hardship involved. The claiming of the right of way would interdict one of the lots. Not only that, but it would interdict the entire parcel. Consequently, I isolated the right of way in the fifth lot belonging to me, and I transferred it to Old Town Associates also belonging to me -- a closely held corporation. Now this fifth lot en- compasses the right of way, and consequently is not part of the minor sub-- division, which is why I did it. 'I wanted to get it ou~ of the minor sub-- division so that it would not become a factor in your determination. As I state now, it is not a factor in your determination, if you will grant me the four lots as indicated and as amended on June !6, 1992. Originally mapped M~y 5, 1987. I've done this in order to eliminate the right of ~ay Southotd Town Planning Board 3 November 2, !992 and the objections thereto, from any consideration by this Board, since it would be outside of the minor subdivision. Did I clear up any points that may be cloudyhere? Mr. 0rlowski: Does the Board have any questions? Valerie Scopaz: I have just one question. You raise an interesting point. You said that the westernmost lot was a right of way, does that encompass all of the property? Mr. Bitses: No. It encompasses the 50 feet along the edge, but bygiving each of these lOts 200 feet across the front and keeping 200 feet for this last piece, there were originally five pieces, I end up with one piece, and I end up with the problem of the right of %~y, and a minor subdivision is clear of that problem, and as a result it should not be considered by the Board as an objection to the minor subdivision, since it doesn't fall on the minor subdivision. Now you understand the rationale behind my making a corporation out of that extra piece of property. Mr. 0rlowski: How did you subdivide that extra piece of property? Mr. Bitses: Oh, I just made a deed. I. did that for legal purposes, so that if they attacked anything, they could only attack the corporation. I knew that it's not a legal lot, because you fella's are the ones who say what's legal and what isn't. However, itvery neatly slices off'the problem, puts it in the corporation which I am a closely holder of, and eliminates it from consideration for this minor subdivision. Now I therefore respectfully re-- quest that the objections, although, these people who raise the objections have a right to do so, it's beside the point. It's immaterial, since the objection has nothing to do with the minor subdivision. Mr. 0rlowski: OK, our attorney has a question. Mr. Arnoff: Mr. Bitses, how do you propose to ensure that the taxes are paid on the right of ~ay, and the right of way continues to exist? If in fact, if you have a dominant tenement, which would be through loss. Mr. Bitses: (inaudible) is across the street. Mr. Arnoff: OK, but I'm saying you're the survient (?) tenement correct? And you have a right of way going across it. Mr. Bitses: A right of way only in one (inaudible) spot. Mr. Arnoff: OK. But it's still part of it, and the person who owns that survient tenement pays the taxes on it, correct? Mr. Bitses: That's right. Mr. Arnoff: Now, if in fact you isolate that right ofway, and that right of way just lost the taxes, %~hat happens to the right of way? Southold Town Planning Board November 2, 1992 Mr. Bitses: division. No, no, no, it doesn't get lost. It's not part of the sub-- Everyone talking. Mr. Arnoff: It's owned by the corporation. doesn't pay the t~xes. Mr. Bitses: logical. Mr. Arnoff: Mr. Bitses: The corporation dissolves, it 200 feet of waterfront is going to dissolve? I doubt it. Be I'm trying to be. I'm just asking the question. Also, I have not objected to them crossing over. I have not put up any controversy. They only have a right of way to a 50 foot ribbon over on the right hand side of the property. Mr. Arnoff: Mr. Bitses: property. Mr. ArIloff: That's what I'm concerned about, that 50 foot ribbon. It doesn't give them the right to go anywhere else on the I agree. I'm merely saying that the 50 foot piece of property is ultimately lost. Unpaid taxes. Mr. Bitses: But it's not part of f~e minor subdivision. Mr. Arnoff: It's only separated byvirtue of the deed without approval of the Planning Board, correct? Everyone talking. Mr. Arnoff: But you %~ould agree that if it ~as o~ned and ~as part of that one lot as it had originally been (inaudible) would never happen because you'd have to move the entire lot (inaudible). Mr. Bitses: Well, there's an entire lot to be (inaudible Here, let me show you the map. Mr. Arnoff: No, no, no... Mr. Bitses: I think you're missing a point here. Mr. Arnoff: The property that's owned by the corporation is merely the right of way, is that correct? Melissa Spiro: No, no Mr. Bitses: It's an entire lot. Mr. Arnoff: And a right of way? Southold Town Planning Board 5 November 2, 1992 Nelissa Spiro: Yes. Mr. Bitses: That's right. The right of ~ay occupies... Melissa Spiro: The access to it is the right of way. Mr. Bitses: The right of ~ay occupies the easterly ribbon. Here's that fifth piece that still belongs to me. These four pieces...This is the minor subdivision. I did that to move the minor subdivision off of the right of way, so that there's no controversy. Tee right of way now con-- tinges on this lot, which belongs to the closely held corporation, which is not part of a ba~ (inaudible). Everyone talking. Mr. Orlowski: Anyone else? Right now I'm up t~ anyone in favor. Elizabeth Schloss: I just wanted to ask a question as to whether or not this site that's listed here is 11.3 acres is actually divided into lots at this point. One acre lots or two acre lots? Mr. Bitses: Bigger than 2 acres. Mr. Orlowski: The total subdivision, each lot is larger than 2 acres. Elizabeth Schloss: It is? Mr. 0rlowski: Yes. Mr. Bitses: 2.6, 2.5, 3.1, 3.6. Elizabeth Schloss: On the new plan? Melissa Spiro: That's the one you have the copy of. Mr. Bitses: You see, the right of ~y is off to the side of the subdivision. Ms. Schloss: Yes, I know. Everyone talking. Mr. Bitses: They have a legitimate grievance, but it doesn't apply to this minor subdivision. Anything else? Mr. Orlowski: Any other questions? I'll ask if there's anyone else out there in favor of this subdivision? Hearing none, is there anyone out there, neither pro nor con, but would have information pertaining to this subdivision~ that would ~ of interest to the Board? Any questions from %he Board? Mr. Lath~m? Mr. Latham: No. South01d Town Planning Board November 2~ ]992 Mr. Orlowski: Mr. Ward: No. Mr. Orlowski: Mr. McDonald: Mr. Orlowski: Mr. Ed~rards: Mr. Orlowski: Mr. Ward? Mr. McDonald? No. Mr. Edwards? No. Ms. Scopaz? Ms. Scopaz: No. Mr. Orlowski: Being no further questions, I'll entertain a motion to close the hearing. Mr. Ward: So moved. Mr. Latham: Second. Mr. Bitses: Are we going to form a posse for her? Do I have to catch couple of Board members? (Laughter) Mr. Orlowski: All those in favor? Ayes.: Mr. Ward, Mr. Latham, Mr. Edwards, Mr. McDonald, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr.-Orlowski: Moving on to the next order of business. David S. and ~lizabeth T. Branch - This minor subdivision is for two lots on 3.676 acres lOCated on the northwest corner of Eugene's Road and Skmulk Lane in Cutchogue. SCTM~ 1000-97-3-17 & ].8.2. 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? He~ring none, are there any endorsements of this subdivision? Richard Lark: From Cutcho~ue. I represent the applicant. I think we've complied with everything the Board has requested, except wit~ the one item which I asked the Board in it's final determination in granting approval, if they would grant a ~aiver. And that's a request for a v~riance for your regulations of 106-50 for the payment of the $2000.00 fee for the so called vacant lot, under your rules ]06-~8 paragraph E , so substantial justice can be done. Southold Town Planning Board 7 November 2, !992 The property is zoned R--40 and contains a total of 3.6 acres, which you could get easily, even with excluding a road%ray inside 3 lots. But the applica//t has asked for only two. Further, the property is existing in two lots right now, so we're really not creating a third lot. I think that's important. It was at my request when the applicant came to me and wanted to get their property straightened out so there wouldn't be a problem, that I made the application for which you have the basic layout. Here's the existing tax map and I've colored the two existing lots which conform to your zoning map of R-40. The tax bills are two different tax bills for the two different lots. One's assessed as a vacant, one's assessed with the house on it. Instead of having a north/south orientation, which made it awkward for everybody, I made it basically and east/west orientation, which you have in ibm subdivision. So, keeping those things in mind, plus the applicant, to date, has paid i3700.00 for the privilege of changing her lot line, ~2000.00 for a Planning Board fee, an environmental fee of $400.00, the surveyors have charged her ~,050.00 because of some of the revisions that the Board requested, which were reasonable, and then the Health Dept., the test hole, and their fee which was $100.00 for the test hole and $150.00 for their application fee under Article 6. So, considering that, it has become somewhat of a hardship for the applicant and I think the To~n has gotten the benefit out of this because, no doubt, you'll have a restriction in there, which will be agreed to in advance, for no future subdivision of this property, which it should be, and we end up now with two lots which are properly laid out, rather than the two lots as they had purchased them, which would have made for an awkward layout, be-- cause it would have put a house in the back yard of people, which didn't make any sense. So, that's why the request for the application and I respectfully move that you approve the final subdivision and grant my request for a waiver of the $2000.00 Pa~f & Playground fee. Mr. Ward: I don't believe that a waiver will be necessary. Mr. Lark: Your planning staff required it, and when it came to my attention, ~ said, "Oh my God, the regulations say that"... Mr. Ward: The regulations say it, but you're not creating it separate. Mr. Lark: No, we're not, that's what I'm really asking, and pointing that out. OK. Mr. Orlowski: So, you're free there. Mr. Lark: Hopefully. Mr. Orlowski: Any other endorsements of this subdivision? Hearing none out there neither pro nor con, but having information pertaining to this subdivision that would be of interest to the Board? Any questions from the Board --Mr. Latham? Mr. Latham: No. Southold Town Planninc_- Board 8 November 2, 1992 Mr. Orlowski: Mr. Ward: No. Mr. Orlowski: Mr. McDonald: Mr. Orlowski: Mr. Edwards: Mr. Orlowski: Mr. Ward? Mr. McDonald? No. Mr. Edwards? No. Ms. Scopaz? Ms. Scppaz: No. Mr. Orlowski: Being no further questions, I'll entertain a motion to close the hearing. Mr. Latham: So moved. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. All those in favor? Ayes: Mr. Ward, Mr. Latham, Mr~ Ed~rards, Mr. McDonald, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Does the Board have any pleasure? Mr. Ward: Mr. Chairman I'd like to offer the following resolution. WHEREAS, David S. and Elizabeth T. Branch are the owners of the property known and designated as SCTM~ 1000-97--3--17 & 18.2, located on the north-- west corner of Eugene's Road and Skunk Lane in Cutchogue; and WHEREAS, this minor subdivision, bo be known as minor subdivision for David S. and Elizabeth T. Branch, is for 2 lots on 3.676 acres; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, declared itself lead agency, and issued a Negative Declaration on June 30, ].992; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southotd, New York on November 2, ]992; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold havebeen met; and be it therefore, RESOLVED, that the Southold Town Planning Board grant final approval on the surveys dated October 6, 1992 and authorize the Chairman to endorse the final surveys. Southold To~n Planning Board 9 November 2, ~992 Mr. Edwards: Second Mr. Orlowski: Motion made and seconded. Any questions on the motion? those in favor? Ayes: Mr. Ward: Mr. Latham, Mr. Eo%~ards, Mr. McDonald, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. (CHAIRMAN ENDORSED SURVEYS) Ail Hearings Held Over From Previous Meetings: Mr. Orlowski: Hillcrest Estates, Section 2 - This major subdivision is for 20 lots on 22.9 acres located in Orient. SCTM~ 1000-13-2-8.2. I'll ask if anyone out there has any comment, while this hearing is still open. Hearing none I'll entertain a motion to keep it open until they get the Suffolk County Dept. of Health approvals. Mr. Latham: I'll move that. Mr. Ward: Second. Mr. Orlowski: Motion. made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Edwards, Mr. Lath_am, Mr.McDonald, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Eleanor Sievernich - This minor subdivision is for 2 lots on 3.743 acres located on the east side of Cox Neck Road in Mattituck. SCTM~# 1000-!13-8-5. We started this last October 2nd, and it's still at the Zoning Board of Appeals. I would recommend that we keep it open. If any-- one out there has anything to cor~nent? If there is no comment, I'll enter- rain a motion to keep this open. Mr. Edwards: I r~Dve we keep it open. 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. Orlgwski: Opposed? So ordered. Southol Town Planning Board ~0 November 2, 199 MAJOR A Final D Mr. Orl acres 1 1-16.1. Mr. War BE IT R to endo to be a No Fi de Mr. Lat Mr. Orl Mr. McE access Henry time, that of the MINOR SUBDIVISIONS, LOT LINE CHANGES AND SET OFF APPLICATIONS _~terminations: )wski: Bergen Hollows - This minor subdivision is for 4 lots on 10 )cared on the north side of Bergen A~e. in Mattituck. SCTM~ 1000-]12- Does the Board have any pleasure? Mr. Chairman, I'd like to offer the following resolution. ESOLVED that the Soubhold Town Planning Board authorize the ~aairman ~se the final surveys dated May 3, 1992, with the following condition [fixed to the map: building permits shall be issued for the proposed lots until the ~ dry hydrant is installed. (The dry hydrant has been allowed in ~u of a submersible well by the fire district.) Such hydrant shall ~t the specifications and %rater vollnue requirements of the Mattituck we District. In addition, such hydrant shall be accessible to the fire 0artment at all times. tam: Second the motion. Dwski: Motion made and seconded. Any questions on the motion? onald: I have a question. Henry, can you clear this up? Is the bo that open? The access to this fire hydrant? ~ynor: Well, the fire hydrant does not exist at this point. At the week ago Monday, we h~d the Chief come up with 3 trucks to make sure access was passable, and to his satisfaction, along with the Captains fire companies. And they are satisfied[ Mr. McDonald: Thank you. That's the only question I had. Mr. Orlowski: OK. Any other questions? All those in favor? Ayes: Mr. Ward, Mr. Latham, Mr. Edwards, Mr. McDonald, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. (CHAIRMAN ENDORSED SURVEYS) Preliminary Extensions: Mr. Orlowsli: Angel Shores - This proposed subdivision if for 49 lots on 92.74 acres located off Main Bayview Road in Southold. SCTM$ 1000-88-6-], 4 & 5. What's the pleasure? Mr. Edwards: I'll make a motion. Southold Town Planning Board 11 November 2, 1992 BE IT RESOLI~D that the Southold Town Planning Board grant a six month ex-- tension of preliminary approval from October 22, !992 to April 27, 1993. Mr. Latham: Second the motion. Mr. Orlowski: Motion made and seconded. Any questions on the motion? Ail those in favor? Ayes: Mr. Ward, Mr. Latham, Mr. Edwards, Mr. McDonald, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Setting of Final Hearings: Mr. Orlowski: Edward Zuhoski Estate - Proposed amendment to the approved minor subdivision of the Edward %uhosk~ Estate to incorporate the 50 foot right--o~-way with Lot ~3. SCTM~ t000--102--1-1. Mr. McDonald: Mr. Chairman, I make a motion that BE IT RESOLVED that the Southold Town Planning Board set Monday, November 23, 1992 at 7:30 P.M. for a public hearing on the following amendment to the minor subdivision map for Edward %uhoski Estates. This minor sub~- division was approved and endorsed by the Planning Board Chairman on April 23, 1984 The 5~ foot right--of-way sho~n on the endorsed map for Edward Zuhoski Estates is to to be incorporated with Lot ~3 of the approved subdivision. This amendment has been proposed in order to ensure that the right of way will not become ~ separate parcel upon the sale of the lots in the Edward ~uhoski Estates minor subdivision. Mr. Ed%rards: Second the motion. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. McDonald, Mr. Ed~rards, Mr. Latham~ Mr. Ward. Mr. Orlowski: Opposed? So ordered. I abstained from that vote and you can note it in the minutes because they are relatives. Southold Town Planning Board 12 November 2, 1992 Setting of Preliminary Hearings: Mr. Orlowski: Highpoint Woods a.k.a. Marion Woods -- This major sub-- division is for 9 lots on 20.5668 acres located on the north side of Main Road in East Marion· SCTM% 1000-22--3-5 & 31--4--15.] & 31-4--15.2. Mr. Edwards: Mr. Chairman, I move that Sout~old Town Planning Board set Monday, November 23, 1992 at 7:35 P.M. for a preliminary public hearing on the maps dated September 25, ]992. Mr. McDonald: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Edwards, Mr. Ward, Mr. 0rlowski. Mr. Orlowski: Opposed? So ordered. **************************************** Review of Reports: Engineer's Report Mr. 0rlowski: Harvest Homes Estates - Section Two -- This major sub-- division is for 12 lots on 14.9 acres located on Oaklawn Ave. and Wells Ave. in Southold~ SCTM~ ]000--70-3-22. Mr. McDonald: Mr. Chairman, I make a motion that we adopt the Engineering Inspector's report dated 'September 24, 1992. Second: Mr. Edwards. · Orlowski: Motion made and seconded. Any questions on the motion? Ail those in favor? Ayes: Mr. McDonald, Mr. Edwards, Mr. Latham, Mr. Ward, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. **************************************** SITE PLANS Final Determinations: Mr. Orlowski: Brid~ton National Bank -- This proposed site plan is for a bank and drive up window in an existing vacant buildinc ~n Matti- tuck Shopping Center in Mattituck. SCTM~ 1000--742--1--2. Southold Town Planning Board ].3 November 2, 1992 Mr. McDonald: Mr. Chairman I'll make a motion. BE IT RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, make a determination of non-- significance on this unlisted action and grant a Conditional Negative Declaration. Mr. Edwards: Second the motion. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Edwards, Mr. Ward, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Does the Board have any other pleasures on this? Mr. McDonald: I make a further motion that BE IT RESOLVED that the Southold Town Planning Board grant conditional final approxral and authorize the Chairman to endorse the survey after amended in accordance with Conditional Negative Declaration and certi- ficationby the Building Inspector. Mr. Ward: 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. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Linda Fischetti - This proposed site plan is for an office building on 11,656 square feet located on Oaklawn Ave. in Southold. SCTM~ 1000-61-3-3. Mr. Ward: Mr. Chairman, I'd like to offer the following resolution. BE IT RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, take lead agency in this uncoor- dinated review and make a determination of non-significance, and grant a Negative Declaration. Mr. McDonald: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? Ail those in favor? Southold Town Planning Board ]4 November 2, 1992 Ayes: Mr. Mr. as S£ sour Mr. McDonald, Mr. Latham, Mr. Edvrards, Mr. Ward, Mr. 0rlowski. rlowski: Opposed? So ordered. .rd: Mr. Chairman, I'd like to further present a resolution. ~, Joseph Fischetti is the owner of the property known and designated TM~ !000--6!--3--3, located on the east side of O~lawnAve., 200 feet of S.R. 25; and (change tape) WHEREA~S, a formal application for the approval of this site plan was sub- mitred on August 23, 199]; and ~WHEREAS, the Southo!d Town Planning Board, pursuant to the State Environ-- mental Quality Review Act, (Article 8), Part 617, ~eclared itself lead agency and issued a Negative Declaration on November 2, !992; and WHEREAS, a special exception %~s granted by the Zoninc Board of Appeals on July 12, 1992; and WHEREAS, this site plan was certified by Victor Lessard, Principal Build- lng Inspector, on October 30, ]992; and ~{EREAS, all the requirements of the Site Plan Regulations of the Town of Southold have been met; be it therefore, RESOLVED, that the Southold Town Planning Board approve and authorize the Chairman to endorse the final site plan dated as revised on October 15, ]992. Mr. Latham: Second the motion. Mr. Orlowski: Motion made and seconded. Any questions on the motion? Ail those in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Edwards, Mr. Ward, Mr. 0rlowski. Mr. Orlwoski: Opposed? So ordered. (CHAIRMAN ENDORSED SURVEYS) SITE PLANS -- STATE ENVIRONMENTAL QUALITY REVIEW ACT Lead Agency Coordination: Mr. 0rlowski: Cellular One -- This proposed site plan is to erect a 100 foot (102') monopole and platform adjacent to an existing 724 square foot concrete block building on a 1.848 acre lot in the Limited Business district, located on the west side of Elijah's lane, 299 feet north of S.R. 25 in M~ttituck. SCTM~ 1000--108-4-ll.3. South}ld Town Planning Board 75 November 2, 1992 BE I~ State this Mr. Mr. All Ayes Mr. Dete] Mr. ( mote] ~Donatd: Mr. Chairman I'd like to make a motion that RESOLVED that the Southotd Town Planning Board, acting under the Environmental Quality Review Act, start the coordination process on unlisted action. ath~m: Second. rlowski: Motion made and seconded. Any questions on the motion? hose in favor? Mr. McDonald, Mr. Latham, Mr. Edwards, Mr. Ward, Mr. Orlowski. ylowski: Opposed? So ordered. minations: ,rlowski: Beachcomber Motel - This proposal is to expand an existing b~hrough theaddition of 86 more rooms in eight new buildings, and is located on the southeast corner of Long Island Sound and. Duck Pond Lane in Cutc~ogue. SCTM~ 1000--83--2--1 & 17. Mr. McDonald: . Mr. Chairman, I make a motion that BE IT RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality ~eview Act, and as lead agency in its review may sign~ of t~is Type I actionfinds that the action ficantly effect the environment, and makes a determination of a Positive Declaration. Mr. ~dwards: Second the motion. Mr. ~lowski: Motion made and seconded. Any questions on bhe motion? A_I1 'hose in favor? Ayes Mr. McDonald, Mr. Latham, Mr. Edwards, Mr. Ward, Mr. Orlowski. Mr. ~lowski: Opposed? So ordered. ********************************************** Mr. )rlowski: Brewers Yacht Yard - SCTM~ ]000-43-3-2. Mr. Edwards: Mr. Chairman, I'd like to en[ertain a motion that the South-- old ~own Planning Board, acting under the State Environmental Quality · Revi~wAct, make a determination of non-significance for this Type ! action and ~rant a Negative Declaration. Mr. Ward: Second. SouthOld To~ Planning Board 16 November 2, ].992 Mr. O[lowski: Mo%ion made and seconded. Any questions on the motion? All t~ose in favor? Ayes:Mr. McDonald, Mr. Latham, Mr. Edwards, Mr. Ward, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. ********************************************** Mr. Or!owski: Bridgehampton National Bank and Linda Fischetti have been done. Mattituck Airbase -- ?Dais proposed site plan includes the construction of several additions to existing buildings and a separate hanger to house airplanes, located on AirWay Drive in Mattituck. SCTM~ Mr. Ward: Mr. Chairman, I'd like to offer the following resolution. BE IT RESOLIrED that Southold To~n Plarming Board, acting under the State Environmental Quality Review Act, take lead agency, and as such make a determination of non--significance and grant a Negative Declaration. Mr. Lath~m: Second. Mr. Orlo%~ski: Motion made and seconded. Any questions on the motion? All t~ose in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Edwards, Mr. Ward, Mr. Orlowski.. Mr. Orlowski: Opposed? So ordered. ********************************************** LOCAL LAW PROPOSALS Mr. Orlowski: These are local laws proposed by the Legislative Committee to the Town Board, ~nd asking for our recon~endation. A local law in re-- lation to permit fees. Mr. McDonald: Mr. Chairman, I make a motion .that BE IT RESOLlrED that the Southold Town Planning Board has reviewed this proposed legislation ~hich calls for the amendment of the application fees of the Board of ~oning Appeals and of the Building Department and has no comment. Mr. Latham: Second the motion. Mr. 0rlowskli: 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. Southold To,gn Planning Board 17 November 2, 1992 Mr. Orlowski: Local law in relation to h_e~ht r~uire~ents for fences or walls. Mr. McDonald: Mr. Chairman, I ma]ce a motion that BE IT RESOLVED that the Southold Town Planning Board has reviewed this proposed legislation which calls for the deletionof the term "hedges" and the substitution of the term "berms" in the section dealing with the allowable heighZ of fences, and ~alls along lot lines and finds that it has no objection. Mr. Ward: Second. Mr. Orlo~ski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. McDonald, Mr. Edwards, Mr. Latham, Mr. Ward, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered.. Mr. Orlowski: A local law in relation to oDen storaqe. Mr. Ward: Mr. Chairman, I'd like to offer the following resolution. BE IT RESOLVED that the Southold Town Planning Board has reviewed this proposed legislation which calls for the deletion of screening require~- ments for open storage areas in conmercial or industrial districts, and for automobile wrecking yards or junkyards, and finds that if the purpose of the amendment is to removePlanning Board oversight of screening re- quirements, that it is opposed to this amendment. This amendment to eliminate screening requirements and Planning Board oversight of same will result in further deterioration of the visual landscape. This is contrary to the intent of the Master Plan. Mr. Edwa. rds: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? -I don't think anyone out there wants to,be looking at a junkyard or any thing else that could be that bad. I'm not sure why this ~as even proposed. All those in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Edwards, Mr. Ward, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Southotd Town Planning Board 18 November 2, 1992 Mr. Orlowski: A local law in relation to berms. Mr. McDonald: Mr. Chairman I make a motion that BE IT RESOLVED that the Southold Town Planning Board has reviewed this proposed legislation which calls for the deletion of the entire section of the Zoning Code pertaining to berms, and finds that it is opposed. This proposal to eliminate oversight of berm construction and location by the Planning Board and the Building Department should be reviewed by the Stewardship Task Force because of its potential to impact on the visual landscape, not to mention traffic and pedestrian safety issues that may arise or drainage problems that may result from improperly placed, design-- ed and constructed berms. Mr.Latham: Second the motion. Mr. 0rtowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. McDonald, Mr. latham, Mr. Edwards, Mr. Ward, Mr. 0rlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: A local law in relation to prohibited uses. Mr. Latham: I'd like to offer this motion. BE IT RESOLVED that the Southold Town Planning Board has reviewed this proposed legislation which calls for the deletion of carnivals, circuses, junkyards and refuse disposal sites from the list of prohibited uses in ali. districts, and finds that it has no objection to the proposed change. Mr. McDonald: Second. Mr. 0rlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Edwards, Mr. Ward, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: As I have nothing left on my agenda, I'll ask if there are any questions or comments from the audience? Southold Town Planning Board 19 November 2, t9{_ Tom Taggart: This is related to Linda Taggart's application approval. I would like to know if you are going to put this meeting's agenda? Mr. McDonald: Mr. Arnoff: reasons... Mr. McDonald: Mr. Arnoff: Mr. McDonald: You have a case on this, right Harvey? When I thought we could' discuss it tonight. That was You have the case? Not with me...not right here. Then we could get it on the next agenda then, all together, right? Mr. Arnoff: I would think so. Mr. McDonald: Anyone have a problem with the next agenda? Nays: Mr. Latham, Mr. Edwards, Mr. Ward, Mr. Orlowski. Mr. Orlowski: It will be on the nextagenda. Mr. Taggart: OK. Thank you. *********************************************** Anybody else have any questions or comments? I just wanted to see what the conditions wou Mr. Orlowski: Alan Cardinale: if possible? Mr. Orlowski: Mr. Cardinale: Mr. Ortowski: Mr. McDonald: or site plan m the next .11 we have it? one of the f you have it Ld be (inaudible) Did you give him a copy of that? We are in receipt of the Cramer and Voorhis d~ termination. It was what we talked about... It will probably go out in the next mail. Are you that bound up for time? Mr. Cardinale: I basically took the liberty after we receive. Voorhis action to put something together that I think might b what they recommended. Mr. McDonald: Valerie, do we have a copy of the proposed Conditional Negative Declaration? Ms. Scopaz: I don't have it here with me, no. I have Cramer & Voorhis... the Cramer & in line with Southold Town Planning Board 20 November 2, 1992 Mr. Orlowski: Mr. Cardinale: Mr. McDonald: You want to give me that? Sure, I made copies. Can you come in tomorrow and pick this up? Ms. Spiro: Mr. McDonald: Mr. Cardinale: Mr. McDonald: We're closed tomorrow -- Wednesday. I'm sorry - Wednesday morning? Sure. I don't want to hold you up, but if they don'b have it, try-- lng to get it is just going to be... Tom McCarthy: We're just trying to make sure we're on the right track. Mr. McDonald: I think you've got the basic concept. It's n~t exactly, but you've got the idea. It's basically the same idea. You'll ~ave to take a look at it and get a compliance but... Mr. McCarthy: Is the Board willing to work with us if what you h~ve pro-- posed really doesn't work from eltber a physical or economic stana point, from Mr. Cardinale? We'd have to come back to the next meeting and... Mr. McDonald: You're always free to come back. (everyone talking) ********************************************** Mr. Orlowski: Anyone else? Mr. McDonald: I make a motion that we adjourn. Mr. Edwards: Second. 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. There being no further business to come before the Board, the meeting was adjourned at 8:15 P.M. sennett Orlows~l, or., ~an Respectfully submitted, Mar tha Jon~s~wf~ Secretary ~ ~A%'~IV~t) AND FILED BY TH~v £OUT~'.:~CLD ~ .... ~,~ ~ -- ' DATE ~/~Y~ /~. ~7 Town Clezl~:, Town c,:f ~ :c :,.:! eld