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HomeMy WebLinkAboutPB-03/22/1993PLANNING BOARD MEMBERS Richard G. Ward. Chairman George Rltchie Latham. Jr. Bennett Orlowski, Jr, Mark S, McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SOUTHOLD TOWN PLANNING BOARD MINUTES MARCH 22, 1993 SCO'IT L. HARRIS Supervisor Town Hall, 53095 Ma/n Road P. O. Box 1179 Southold, New York 1 I971 Fax {516) 765 o 1823 Present were: Richard G. Ward, Chairman Bennett Orlowski G. Richie Latham Kenneth Edwards Mark McDonald Valerie Scopaz, Town Planner Melissa Spiro,. Planner Robert Kassner, Planner Jane Rousseau, Secretary Mr. Ward: Good evening ladies and gentlemen, I would like to call this meeting to order. As a start though, I would like to take a moment just to express the Board's sorrow in the loss of our Planning Board secretary, Holly Perrone, who passed away on March 10th. She was a very special person and a beautiful wife and dedicated secretary and we all here miss her very much and we would like the record to at least reflect that on her behalf. In proceeding with the meeting, setting of the next Planning Board Meeting. Board to set Monday, April 12, 1993 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. McDonald: So moved. Mr. Orlowski: Second. Mr. Ward: Motion has been seconded, Ail those in favor? Ayes: Mr. Orlowski, Mr. McDonald, Mr. Latham, Mr. Edwards, Mr. Ward. Mr. Ward: Motion carried. PUBLIC HEARINGS: SOUTHOLD TOWN PLANNING BOARD 2 MARCH 22, 1993 Mr. Ward: 7:30 p.m. Nicholas Aliano - This major subdivision is for nine lots on 16.83 acres located on the south side of C.R. 48 in Peconico SCTM $1000-74-4-4. Are there any objections to this subdivision? Hearing none, is there anyone who has any comments pro or con or would like to address the Board? Mary Raynor: I am here in Henry Raynor's absence. He is representing Nicholas Aliano and there are requesting final approval on the major subdivision lots and all the fees have been paid to the County and Town agencies. The firewells wereapproved by Southold Fire Department in 1991. No trees have been planted on the subdivision because the superintendent of highways requested that this be postponed until the driveways are located and curb cuts are installed. Since Suffolk County Water standards changed, they retested the wells and they met the n~w standards and the Suffolk County Department of Health Services has stamped the maps accordingly. The subdivision is in compliance with Town Code Section A106 and we request approval of this subdivision and signatures on the maps. I hope you don't have any questions. Mr. Ward: Are there any others in support of this subdivision? If not, what is the pleasure of the Board? Mr. McDonald: Mr. Chairman, I make a motion to close the hearing. Mr. Edwards: Second. Mr. Ward: Ail those in favor? Ayes: Mr. Edwards, Mr. McDonald, Mr. Orlowski, Mr. Latham, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. McDonald: I would like to offer a further motion. WHEREAS, Nicholas Aliano is the owner of the property known and designated as SCTM$1000-74-4-4, located on the south side of C.R. 48 (Middle Road), 298.52 feet west of Paul's Lane in Peconic; and WHEREAS, this major subdivision, to be known as the major subdivision for Nicholas Aliano, is for eight lots on 16.83 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 August 26, 1986; and SOUTHOLD TOWN PLANNING BOAR~ 3 MARCH 22, 1993 ~EqEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on August 26, 1993; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been me~; and be it therefore, RESOLVED that the Southold Town Planning Board grant conditional final approval on the. surveys dated September 24, 1991, subject to fulfillment of the following conditions~ within six (6) months of the date of this resolution. A draft Declaration of Covenants and Restrictions must be s~thmitted as required in the Planning Board's correspondence dated July t0, 1991. Once the docent is approved by the Planning Board and Town Attorney, it must be filed in the office of the County Clerk and a copy of the recorded document ~mt be s~bmittedto this office. The liber and page number of the recorded document must be noted on the final surveys (2 mylars and 5 paper prints). In addition, the Declaration of Covenants and Restrictions that was filed on June 15, 1988 in regard to the original subdivision must be aband~ne~and replaced by the current Declaration. Proof that the original Declaration has been abandoned must be submitted to this office. The thirty-three (33) street trees shown on the final map must be planted or a performance bond in th~ amount of $6,600 must be submitted to ensure that such trees will be planted. If a performance bond is submitted, it must be accepted by the Town Board prior to any endorsemen~ of the fina~map. Curb cut approval must be obtained from the SuffGlk County Department of Public Works and a copy of the permit must be submitted to this office. Mr. Edwards: Second. Mr. Ward: Ail those in favor? Ayes: Mr. Edwards, Mr. McDonald, Mr. Ward, Mr. Orlowski, Mr. Latham. Mr. Ward: Opposed? Motion carried. SOUTHOLD TOWN PLANNING BOARD 4 MARCH 22, 1993 Mr. Ward: Next public hearing is for John Petrocelli & Joan Petrocelli - This minor subdivision is for two lots on 9.B acres located on the east side of Paradise Point Road in Southold. SCTM ~1000-81-3-t9.5. Is there anybody here that would be in opposition to ~his subdivision? Hearing none, are there any that are neither pro nor con but would like to address the Board? Is there anybody here in favor of this subdivision? Mr. Dan Ross: Wickham, Wickham and Bressler. I am here on behalf of the applicant and in favor of the application. All of the appropriate filings have been made with the Health Department and approvals have been obtained and I believe everything is in order. If you have any questions, I would be happy to answer them otherwise, we request final apuroval. Mr. Ward: Is there anyone else that would like to address the Board regarding this subdivision? tf not, what is the pleasure of the Board? Mr. McDonald: I move that we close this hearing. Mr. Edwards: Second. Mr. Ward: Motion made and seconded. Ail those in favor? Ayes: Mr. Edwards, Mr. McDonald, Mr. Orlowski, Mr. Latham, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. McDonald: I would like to offer a further motion. WHEREAS., John Petrocelli and Joan Petrocelli are the owners of the property known and designate~ ~m SCTM ~1000-81-3-19.5 , located on the east side of Paradise Point Road, 1730.51 feet south of Cedar Beach Road in Southold; and WHEREAS, this minor subdivision, to be known as the minor subdivision for John Petrocelli and Joan Petrocelli, is for two lots on 9.8 acres; a~d WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, lArticle 8), Part 617, declared itself Lead Agency and ilsSU~d a Negative Declaration on November 18, 1991; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, S.o~thold, New York on March 22, 1993; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southoldhave been met.; and SOUTHOLD TOWN PLANNING BOARD 5 MARCH 22, 1993 be it therefore, RESOLVED that the Southold Town Planning Board grant conditional final approval on the surveys dated January 7, 1993, subject to fulfillment of the following condition within six (6) months of the date of this resolution: Submission of the $2,000.00 Park and Recreation fee as per section A-106-38 (3) of the Southold Town Code. Mr. Latham: Second. Mr. Ward: Motion seconded. Ail those in favor? Ayes: Mr. Latham, Mr. Orlowski, Mr. Edwards, Mr. McDonald, ~r. Ward. Mr. Ward: Opposed? Motion carried. Mr. Ward: Thomas Shalvey - This proposal is to set off a 1.837 acre parcel from a 21.782 acre parcel located on the southeast corner of Middle Road and Bridge Lane in Cutchogue.. SCTM ~ 1000-84-2-2. Are there any here tonight that would be opposed to this application? Is there anyone here that has information pro or con that would like to address the Board? Is there anybody here in support of this subdivision. Mr. Dan Ross: Wickham, Wickham and Bzesslez on behalf of the applicant and in favor of the application. Again, I believe all of the filings have been ma~e and we have Health Department approval so I would request final approval and I am here to answer any questions, Thank you. Mr. Ward: Is there anybody else here in favor of this application that would like to address the Board? If not, what is the pleasure of the Board. Mr. McDonald: I make a motion to close the hearing. Mr. Edwards: Second. Mr. Ward: Motion seconded. Ail those in favor? Ayes: Mr. McDonald, Mr. Orlowski, Mr. Edwards, Mr. Latham, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. Orlowski: I would like to make a motion. WHEREAS, The Estate of Thomas Shalvey is the owner of the property known and designated as SCTM ~1000-84-2-2, located at SOUTHOLD TOWN PLANNING BOARD 6 MARC~ 22, 1993 the northeast corner of County Route 48 and Bridge Lane in Cutchogue; and WHEREAS, this application to be known as "set-off for the Estate of Thomas Shalvey", is to set-off a 1.843 acre parcel from a 21.782 parcel, 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 September 30~ 1991; and WHEREAS, a final public hearing was closed on said set-off application at Town Hall, Southold, New York on March 22, 1993; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; and be it therefore, RESOLVED, that the Southold Town Planning Board approve and authorize the Chairman to endorse the final survey dated January 19, 1993. Mr. Latham: Second. Mr. Ward: Motion seconded. Ail those in favor? Ayes: Mr. Latham, Mr. Ward, Mr. Edwards, Mr. Orlowski, Mr. McDonald. Mr. Ward: Opposed? Motion carried. (Chairman endorsed maps). Mr. Ward: Janet T. Swanson and Marion D. Fitzs~mmons - This proposed Lot~Line change is to subtract 4,600 square feet from a 33.06 acre parcel and add it to a 72,131 square foot parcel in Orient. SCTM 91000-15-2-17.5 and 1000-15-3-1. Is there anyone who is opposed to this lot line change? Is there anybody neither pro nor con but would like to address the Board regarding this? ~r. John Wagner: Esseks, Hefter and Angel, 108 East Main Street in Riverhead. I am here for the applicant Janet T. Swanson. Janet T. Swanson is also here this evening, I respectfully request that the Board approve the application. Both papers I believe, are in order and if the Board has any questions we are available. Mr. Ward: Is there anyone else that would like to speak in favor of this proposal? If not, what is the pleasure of the Board? SOUTHOLD TOWN PLANNING BOARD 7 MARCH 22, 1993 Mr. Latham: I move that we close the hearing. Mr. Ortowski: Second. Mr. Ward: Ail those in favor? Ayes: Mr. McDonald, Mr. Orlowski, ~kr. Edwards, Mr. Latham, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. McDonald: Mr. Chaizmarz, I would, like to offer a motion. WHEREAS, Janet T. Swanson and Marion D. Fitzsimmons are the owners of the property known and designated as SCTM $1000-15-3-1 and SCTM $1000-15-2-17.5, located at Route 25, Orient; and Whereas this lot line change, to be known as Proposed Lot Line Change for Janet T. Swanson and Marion ~. is for a lot line change subtracting 4,600 square feet from a 1,440,301 square foot parcel and adding it to a 72,131 square foot parcel; and WHEREAS, the Southold Town Planning Board pursu~nt to the State Environmental Quality Review Act, (Article 8) Part 617, declared itself Lead Agency and issued a Negative Declaration on March 1, 1993; and WHEREAS, a final public hearing was closed on said subdivision application at Town Hall, Southold, New York on March 22, 1993; and WHEREAS, all of the requirements of the Town of Southold have been met; and now therefore, be it RESOLVED, that the Southold Town Planning Board appruve and authorize the Chairman to endorse the final survey dated January 5, 1993. Mr. Latham: Second. Mr. Ward: Motion seconded. Ail those in favor? Ayes: Mr. Latham, Mr. McDonald, Mr. Orlowski, Mr. Edwards, Mr. Ward. Mr. Ward: Opposed? Motion carried. Hearings Held Over From Previous Meetings: SOUTHOLD TOWN PLANNING BOARD 8 MARCH 22, 1993 Mr. Ward: HillcrestEstates~ Section 2 - This major subdivision is for twenty lots on 22.9 acres located in Orient. SCTM ~1000-113-8-5. Mr. McDonald: I would ask that we hold this hearing open. Mr. Latham: I would like to put a cap on this if possible, the last time we hold it open. Is there any reason why we should keep holding it open. Mr. Ward: It's because of the Suffolk County Health Department. Mr. McDonald: The last meeting I asked that we send out a letter to the applicant because they came before us and said that they would have it done in X amount of time and we are quite a bit past that time. Did that letter go out? M~lissa Spiro: Indirectly, it went out. Ken Abruzzowho I believe is here was working on some part of it, the Coastal ErosiOn Hazard Line, I think which is in the works. Mr. Abruzzo: I have written a letter to the Trustees of the Town of Southold. Mr. Ward: I would appreciate it if you could just get it on the tape here. Mr. Abruzzo: I don't want to say that I am representing the applicant although we are doing work for them. I certainly don't mind telling you our end of what we have been up to. We have received the comments of the Planning Board and we have superimposed two foot contours on the subdivision and we have indicated the proposed wells to do a public water company there. The problem was we went out and located a top of the bluff and one of the conditions was that we shoW some Setbacks from the actual top of the bluff using the coastal erosion hazard line, that is really just aereal super imposed photo prepared by the NYSDEC. We, as surveyors have a ver~ hard time distinguishing in this particular piece of property what somebody would consider a top of the bluff beCause of the vegetation and beCause of the repose of it, it is very easy if we work out with some bluffs that just drops off and it is sand and it is a very easy thing to pick out. This area is not a very easy thing to pick out. We have picked an area that is quite a bit seaward of where the area of coastal erosion hazard map shows the bluff and so that we don't run into problems down the road with saying we have a much bigger envelope than somebody might interpret down the road, I have written a letter to the Trustees and asked them to have somebody come out to the site at their convenience and we would meet them out there and ask them to flag or determine what they believe the top of the bluff would be since I believe that is their jurisdiction to determine that top of the bluff. I guess that letter is a month old at least, to this date I have not heard back from them. I SOUTHOLD TOWN PLANNING BOARD 9 MARCH 22, 19.93 guess I am doing this just so everybody is in agreement of what line we are going to use for a top of the bluff. Young and Young would certainly be happy to pick it and we have picked one and located one. I don't think it would necessarily be the one that they would pick. Mr. Ward: Has there been any movement with the County on the water system? Mr. Abruzzo: That is into the County for their review and to this date I have not heard any negative response although there is an engineer, Mr. Paul Grosser who is sor~ of an expert in the water field who is doing that application separately from Young and Young. Although, we did do the map and he is doing the application. As far as getting back in here I think that one of the hold ups is hearing from the Trustees. Mr. Latham: Well, I will withdraw, I didn't know about that. I'll withdraw my motion. Mr. Abruzzo: The attorney hasn't told me to say anything to you to keep it open but I believe they would want to until they resolve this. Mr. McDonald: I still would ask that we send a letter to the applicant and ask them to please bring us up to date and how much longer are we going to hold this open. Their consultant is here and they were saying it was going to take maybe three months. We are getting down the road apiece, I am sure there is a reason but they should bring us up to date. Mr. Latham: I think that is a good idea and I will second Mark's request. I would also add that the applicant promised two firewells some years ago and stood before us here and said they would take care of it. The last time I think young Mr. Reesewas here, a year or two ago and I would like to put that in the letter too. Mr. Abruzzo: As long as I am up here is there any way we could ask for the support of the Planning Board to get the Trustees to write them another letter. Mr. McDonald: First contact them, call or stop to see what the status is and then if it is not worth coming just send them a letter asking if they can help us. Mr. Latham: Would you talk to Mr. Reese Jr., about the firewell? Mr. Abruzzo: His attorney, Ben Kinsler and I happen to like him and he is a good attorney but we don't get carbon copy on a lot of these things either so we are really poorly informed about who is doing what and it might be a great idea what you are asking to do to sort of correspond to find out where this SOUTHOLD TOWN PLANNING BOARD 10 MARCH 22, 1993 project is on the other end. I know I have been waiting for the Trustees, I have been trying to be very patient because I don~t want to make anyone mad and say this is not the time of year to go out there but it might just be the very time of year to go out there without a lot of vegetation out there to locate things. I mean on the trees, we can see through a lot of things to locate them. Mro Ward: O.K., regarding Hillcrest Estates Section II what is the pleasure of the Board? Mr. Ward: I think I have already made a motion to hold it open. Mr. Latham: Second. Mr. Ward: Seconded. Ail those in favor? Ayes: Mr. Latham, Mr. Orlowski, Mr. Edwards, Mr. McDonald, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. Ward: Eleanor Sievernich - This minor subdivision is for two lots on 3.743 acres located on the east side of Cox Neck Road in Mattituck. SCTM ~1000-113-8-5. Mr. Orlowski: I would like to make a motion to keep the hearing open. Is there anyone here representing Eleanor Sievernich because this has been quite a while. Mr. Ward: Isn't this one that is at the ZBA? Mr. Orlowski: It has been there for about two and one half years now, this is October 1990. Mr. Ward: Maybe we should address a letter to both the applicant and the ZBA to see where we are at on this. Mr. Latham: Second. Mr. Ward: Seconded. Ail those in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Orlowski, Mr. Edwards, Mr. Ward. Mr. Ward: Opposed? Motion carried. MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES AND SET OFF APPLICATIONS SOUTHOLD TOWN PLANNING BOARD 11 MARCH 22, 1993 Final Determinations: Mr. Ward: These were done. Setting of Final Hearings: Mr. Ward: Robert D. Hamilton - This minor subdivision is for three lots on 3.4958 acres l~ated on the northwest side of C.R. 48; 102.31 feet southwest of Westphalia Avenue in Mattituek. SCTM ~1000-141-2-21.2. Mr. Edwards: I would like to offer a motion. RESOLVED that the Southold Town Planning Board see Monday, April 12, 1993 at 7:30 p.m. for a final public hearing on the maps dated February 5, 1992. Mr. Latham: Second. Mr. Ward: Seconded. All those in favor? Ayes: Mr. Edwards, Mr. McDonald, Mr. Orlowski, ~r. Latham, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. Ward: Raymond B. Gary, Raymond B. Gary and Prudence G. Gary and Fishers Island Development Corporation - This proposed lot line change is to subtract 0.07 acres from a "spur" of Private Road $7, owned by the Fishers Island Development Corp. and add it to a 1.73 acre parcel; and to s~btract 0.06 acres from the same PriVate Road "spur"' and add it to a 1,85 acre parcel, thus eliminating the Private Road "spur" between the two properties. SCTM $1000-4-5-13, 14, & part of Private Road $7. Mr. Edwards: Mr. Chairman, I would like to entertain a motion. RESOLVED that the Southold Town Plannin~ Board, acting under the State Environmental Quality Review-Act, established itself as lead agency, and as lead agency makes a determination of non-significance and grants a Negative Declaration on this type one action. Mr. Latham: Second. Mr. Ward: Seconded. Ail those in favor? SOUTHOLD TOWN PLANNING BOARD 12 ~RCH 22, 1993 Ayes: Mr. Edwards, Mr. Orlowski, Mr. Latham, Mr. McDonald, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. Edwards: I would like to make a further motion. RESOLVED that the Southold Town Planning Board set Monday, April 12, 1993 at 7:35 p.m. for a final public hearing on the maps dated January 5, 1993. Mr. Orlowski: Second. Mr. Ward: Seconded. All those in favor? Ayes: Mr. Orlowski, Mr. Edwards, Mr. Latham , Mr. McDonald, Mr. Ward. Mro Ward: Opposed? Motion carried. Setting of Preliminary Hearings: Mr. Ward: Anna K. Plock - This major subdivision is for five lots on 21.79 acres located on an existing right-of-way off North Bayview Road, approximately 935 feet east of Reydon Road in Southold. SCTM ~1000-79-5-20.2. Mr. McDonald: Mr. Chairman, I would like to make a motion. RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, assume lead agency, and as lead agency, make a determination of non-significance, and grant a Negative Declaration. Mr. Edwards: Second. ~r. Ward: Seconded. All those in favor? Ayes: Mr. McDonald, Mr. Latham , Mr. Edwards, Mr. Orlowski, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. McDonald: I would like to make a further motion. RESOLVRD that the Southold Town Planning Board set Monday, April 12, 1993 at 7:40 p.m. for a preliminary p~hlic hearing on the maps dated August 17, 1992. Mr. Edwards: Second. SOUTHOLD TOWN PLANNING BOARD 13 MARCH 22, 1993 Mr. Ward: Seconded. All those in favor? Ayes: Mr. Edwards, Mr. Orlowski, Mr. McDonald, Mr. Latham, Mr. Ward. Mr. Ward: Opposed? Motion carried. Review of Reports - SCPC Mr. Ward: S. H. FriemannandOthers - This minor subdivision is for three lots on 19.596 acres located on the north side of Main Road; 1658.7 feet west of Cox's Lane in Cutchogue. The subject parcel is located in both the Agricultural Conservation (A-C) District and the General Business (B) District. SCTM ~1000-102-2-24. Mr. Ward: Mr. Chairman, I would like to make a motion. RESOLVED that the Southold Town Planning Board override the March 4, 1993 Suffolk County Planning Coi~ission report for the following reasons: Pursuant to a judgement entered on October 5, 1992 in the Matter of Friemann v. Planning Board, the Southold Town Planning Board was directed to process the proposed subdivision as a minor subdivision and to grant the relief therein requested. A decision was rendered on December 13, 1990 by the Zoning Board of Appeals on the matter of S. H. Friemann and others granting approval of access according to New York Town Law, Section 280-A over a private right-of-way subject to the following condition: That the access right-of-way be maintained in good condition to a minimum width of eighteen feet (without obstructions) for the entire length of sufficient maneuverability by fire and emergency vehicles (pursuant to the requirements of New York Town Law). The Planning Board will be requiring that the applicant record a Declaration of Covenants and Restrictions allowing the present or future owner[s) of Lot 1 the provision for a right-of-way over Lot 2 and Lot 3 for Lot 1 to have sufficient access, now, and in the future, over Lots 2 and 3, and for the present or future owner(s) of Lot 1 to construct improvements to Town Specifications SOUTHOLD TOWN PLANNING BOARD 14 MARCH 22, 1993 within such right-of-way should such be required for future development of Lot 1. Mr. Latham: Second. Mr. Ward: Seconded. Ail those in favor? Ayes: Mr. Orlowski, Mr. Latham, Mr. McDonald, Mr. Edwards, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. Ward: Bayberry Estates - This major subdivision is for eighteen lots on 50.0170 acres located on the west side of Laurel Avenue; 140 feet south of Yennecott Drive in Southold. SCTM $1000-55-6-35 and 36 and 56-1-1. Mr. Orlowski: Mr. Chairman, I would like to offer a motion. RESOLVED to adopt the March 16, 1993 report from the Engineering Inspector. Mr. Latham: Second. Mr. Ward: Seconded. Ail those in favor? Ayes: Mr. Latham, Mr. Orlowski, Mr. Edwards, Mr. McDonald, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. Ward: The North Forty - This major subdivision is for thirteen lots on 30.3565 acres located on the south side of Oregon Road; 621 feet west of Depot Lane, in Cutchogue. Mr. Dan~wski: I represent George McDowelland Walter Gatzthe owners here and we did get a chance to review the engineering report and the bond figures as well. We just raise that same age old question about whether we should continue to pursue the ideas of natural swaleareas not fenced that are obviouSly more aesthetically pleasing as opposed to doing the conventional recharge with a deep hole that is fenced and shrubbed and I have seen the preliminary draft and maybe Ken Abruszzowants to comment beyond myself in that it appears that the preliminary draft of what might be looked to in the future is calling for a maximum of two feet of water in the bottom of this so called new type of drainage system and Kenny informs me that it is sort of an impractical number from an engineering viewpoint to put as the maximum amount of water to be kept in that type of drainage system. The whole purpose here SOUTHOLD TOWN PLANNING BOARD 15 MARCH 22, 1993 was either to go back to the conventional and dig a deep hole, then fence it off or try to create a natural swalesystem not fence it off and allow water to naturally come into this particular area and if you recall, there was some opposition from the Board last time to create a natural type of system in the middle of a farm field so we have moved off to one corner and shrunk the area that won't trap the area however, when I look at the preliminary design suggested by the Town Engineer, it doesn't look like it will work so we are forced into a position of saying, let's go back, and I don't want to delay this anymore because George McDowell will break me in half, so I guess what I am looking for is some guidance from the Board and maybe have Kenny come back up here and speak some more. We either want to do a conventional system and dig the hole and then you can make us fence it off or it will serve no purpose the other way to make us fence off a large area. That would ruin the whole idea of aesthetics. So, we thought we were suggesting something where you would move it out of the middle, take a little less land up from the farmer and not have to fence it off and it would contain it. We wouldn't want to live with this condition with only two feet of water in it which seems to be the condition outlined in the drawing that is stamped preliminary. Mr. Ward: What would be the depth of water that is proposed? Mr. Danowski: Kenny, why don't you come up. Ken Abruzzo: I have talked to the members of the Board before and I don't know or I contend that the depth of the water is in material, certainly there is a limit. You don't want twenty or thirty feet of water in here. Standard recharge basins limit the amount of water to ten feet. That it's in a fenced in area makes little difference but I always contend that it is the slope that is the important thing on here. we have designed this one for the North Forty on a one on five Slope. Certainly, I have no problem with a one on six slope either, it doesn't take that much more area to do that. But, as an example, we have three and one half feet of water proposed in this recharge basin that is two acres of land we have taken up and I could certainly design on a regular recharge basin with a one.on two slope for a cut that we ~an probably get this same amount of water in a acre or maybe even less than an acre by fencing it and putting some planting aroUnd it and digging a big hole and if this two acres is three and one half feet and if you mandate it that we can only put two foot of water in here well then I might be up to three and one half or four acres. It becomes impractical, I think, if the Board and I can commend everybody for trying and we have looked and we have talked about this for years I think and we are trying to do something but I still see to put a number on that two foot is impractical, they are going to have to give up so much land that it is not worth doing if you have fifty acres of open space it is not that bad but it somebody is trying to do something with an agricultural SOUTHOLD TOWN PLANNING BOARD 16 MARCH 22, 1993 easement or horses or something like that, it is not a practical number to adhere to. If we had to go to this and I am sure if Pete went back to Gatzand McDowelt and said let's give up another two acres that only hold two foot of water, they are going to say let's put a fence in and be done with it. Mr. Ward: I think at this stage, you either have to do one of two things. Go to the Highway Department direct and see what Mr. Jacobs and our Town Engineer would accept your s~b~ission which they presently have in writing or go back to the standard recharge basin. Mr. Abruzzo: Are we getting the approvals or some kind of go ahead.from the Planning Board? I certainly don't mind doing that and setting up some meetings but if I go through all that I am sure the first thing they are going to say is, well what does the Planning Board think about all of this and then we will be back here. I just don't think two foot of water and I think we all know and certainly Mark has a lot of experience in ~his area. The amount of times of a recharge basin has two foot of water out here on Long Island soils, even under the biggest rain storm that retains two foot of water, it doesn't last very long, it goes right away. So, if our design showed three and one half foot of water, that is if it clogged up and never did anything, and certainly that is not something that happens on a regular basis. Certainly, they do silt up and certainly things have got to be cleaned once in a while. Mr. Ward: Well, the timing would probably be good to take one extra step, go see them and see where you can go with it because that stamp preliminary is just what they are and this is what they are proposing. If you can change their mind, I don't know that we would have any problem with it. Mr. Danowski: O.K., I appreciate that comment and we will do that. In closing, I appreciate your remarks tonight about Holly, I'was a little bit upset that I didn't know about her passing and I run into a lot of people who are arrogant that work fo~ government and a lot of people, and a lot of attorney's are arrogant too, but it was always a pleasant face to meet here in Southold and I certainly for one will miss her and I really appreciated her gestures and her attempt to help so that was an appropriate comment you made tonight. Mr. Ward: Thank you Pete. Mr. McDonald: Who is going to own the recharge basin? Mr. Danowski: We would do it either way, it is up to the Town or up to the owner. Mr. McDonald: Are you going to own the roads? How do you plan to own the roads? SOUTHOLD TOWN PLANNING BOARD 17 MARCH 22, 1993 Mr. Danowski: We would work that out with the Highway Superintendent. It is another question we will take up with him if you want. Mr. McDonald: Well, initially certainly the Town isn't going to take them because you won't have the asses~,ent on them no matter what. How do you plan to handle it in the interim? Because the Town will not take them without x amount of assessment on them to begin with and you won't have it until the houses go up. Mr. Danowski: I understand that. Mr. McDonald: The only reason I asked about the road is to get the recharge basin. In some cases when the recharge basin has been in the ownership where the town is not going to take it, either the homeowners association actually owns it or an individual owns it. Mr. Ward: The map shows it would be an individual owner because they are calling for a drainage easement and it is a dash line. Not that it couldn't go either way. Why don't you discuss that also with him directly? Mr. McDonald: We have shown and there have been cases in the past where the ownership was not going to come to the town where we said, the liability was on who ever owned that. It is your liability. Mr. Danowski: That is what I would ask you to do again. I will report back to you, I don't mind going one more step. We discussed this last time and it has gotten to the point where I think we are representing developers that we just as soon cave in and say forget it, it is causing us more grief than it is worth so we might just as well do it conventional. Thank you. Mr. McDonald: I make a'motion that we hold over the report on this matter until they get back to us. Mr. Edwards: Second. Mr. Ward: Seconded. Ail those in favor? Ayes: Mr. Edwards, Mr. McDonald, Mr. Latham, Mr. Orlowski, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr~ Ward: Do we have a further resolution on the bond estimate? I guess at this point we might just as well hold that over as well. SOUTHOLD TOWN PLANNING BOARD 18 MARCH 22, 1993 Mr. Ward: I have one other item that is not on the agenda here and that is ChardonneyWoods. I would like to offer a resolution reco~L~,ending to the Town Board that the bond reduction be put into place from $42,000.00 to $20t000.00 for ChardonneyWoods. Mr. Orlowski: Second. Mr. Ward: Seconded. Ail those in favor? Ayes: Mr. Ward, Mr. Edwards, Mr. Orlowski, Mr. Latham, Mr. McDonald. Mr. Ward: Opposed? Motion carried. MAJOR AND MINOR SUBDIVISIONS LOT LINE CHANGES, SET OFF APPLICATIONS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Lead Agency Coordination: Mr. Ward: Edith Dillon Edson - This minor subdivision is for three lots on 6.74 acres located on the northeast corner of Central Avenue and Munnatewket Avenue on Fishers Island. SCTM %1000-6-3-8 and 6-4-7. Mr. Edwards: Mr. Chairman, I would like to offer the following motion. RESOLVED that the Southold Town Planning Board start the lead agency coordination process on this Type 1 action. This project is classified as a Type 1 action because it is located on Fishers Island which has been designated a Critical Environmental Area. Mr. Latham: Second° Mr. Ward: Seconded. Ail those in favor? Ayes: Mr. Latham, Mr. Edwards, Mr. McDonald, Mr. Ward, Mr. Orlowski. Mr. Ward: Opposed? Motion carried. Bond Determinations: Mr. Ward: Francis Greenberger - This major subdivision is for four lots on 15.581 acres located on the north side of Eugene's Road; 381.541 feet west of Bay Avenue in Cutchogue. SCTM %1000-97-3-18.1. SOUTHOLD TOWN PLANNING BOARD 19 MARCH 22, 1993 Mr. Orlowski: Mr. Chairman, I would like to make a motion. RESOLVED to adopt the supplemental bond estimate for the subdivision of Francis Greenberger, and to recommend same to the Town Board. Mr. Latham: Second. Mr. Ward: Seconded. Ail those in favor? Ayes: Mr. Latham, Mr. Orlowski, Mr. McDonald, Mr. Edwards, Mr. Ward. Mr. Ward: Opposed? Motion carried. MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES, SET OFF APPLICATIONS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Lead Agency Coordination: Mr. Ward: Estate of Evangeline A. Meyer This proposed Lot Line change is to reconfigure two lots of 45,746 square feet and 41,246 square feet, both of which have frontage on both Wunneweta Road and Nassau Point Road into two lots, one 45,461 square feet in area having frontage only on Wunneweta Road, and the other 44,531 square feet in area having frontage only on Nassau Point Road. Both lots have, and will have existing houses. SCTM $1000-111-8-5 & 6. Mr. Edwards: Mr. Chairman, I would like to make a motion. RESOLVED that the Southold Town Planning Board start the lead agency coordination process on this Type 1 action. Mr. McDonald: Second. Mr. Ward: Seconded. All-those in favor? Ayes: Mr. McDonald, Mr. Ward, Mr. Orlowski, Mr. Edwards, Mr. Latham. Mr. Ward: Opposed? Motion carried. Mr. Ward: Harbes Farm - This proposal is for four lot line applications whiCh~are being processed concurrently. Harbes Farm contains five single and separate parcels. The proposed lot line changes are to reconfigure-the existing five lots. Additional lots are not being created. SCTM $1000-111-8-5 & 6 SOUTHOLD TOWN PLANNING BOARD 20 MARCH 22, 1993 Mro Chairman, I would like to make a motion. RESOLVED that the Southold Town Planning Board start the lead agency coordination process on this Type 1 action. The proposed Lot Line change has been classified as a Type 1 action under the State Environmental Quality Review Act because the subject property is located within the Special Groundwater Protection Area. Mr. Latham: Second. Mr. Ward: Seconded. Ail those in favoz? Ayes: Mr. Latham, Mr. Ward, Mr. Orlowski, Mr. Edwards, Mr. McDonald. Mr. Ward: Opposed? Motion carried. Uncoordinated Reviews: Mr. Ward: Too Bee Realty Corp. - This minor subdivision is for four lots on 7.956 acres located on thewest side of Lighthouse Road; 419 feet south of Soundview Avenue in Southold. This subdivision is an amendment to the Too Bee Realty Subdivision approved on April 19, 1991, SCTM $1000-50-6-5. Mr. Orlowski: I would like to make a motion. RESOLVED THAT THE Southold Town Planning Board, acting under theState Environmental Quality Review Act, do an uncoordinated review of this unlisted action. The Planning Board establishes itself as Lead Agency, and as Lead Agency makes a determination of non-significance and grants a Negative Declaration. Mr. Latham: Second. Mr. Ward: Seconded. All those in favor? Ayes: Mr. Orlowski, Mr. Latham, Mr. McDonald, Mr. Edwards, Mr. Ward. Mr. Ward: Opposed? Motion carried. Determinations: Mr. Ward: Anna K.Plock - Already done. SOUTHOLD TOWN PLANNING BOARD 21 MARCH 22, 1993 Mr. Ward: S. H. Friemann and Others. SCTM ~1000-102-2-24. Mr. McDonald: Mr. Chairmant I would like to offer a motion. RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, assume lead agency status, and as lead agency make a determination of non-significance, and grant a Negative Declaration. Mr. Latham: Second. Mr. Ward: Motion seconded. Ail those in favor? Ayes: Mr. Latham, Mr. McDonald, Mr. Orlowski, Mr. Edwards, Mr. Ward. Mr. Ward: Henrietta Mormile andA~thur and Marian Mormile- This lot line change is to subtract 2,322 square feet from a 6~935 square foot parcel and add it to a 7,500 square foot parcel, and to subtract 4~613 square feet from the same 6,935 square foot parcel and add it to a 10,648 square foot parcel, thus creating two parcels from three existing parcels in Laurel. SCTMg1000-128-4-9, 15 & 16. Mr. Edwards: Mr. Chairman, I would like to offer a motion. RESOLVED that the Southold Town Planninq Board, acting under the State Environmental Quality Review-Act, establishes itself as lead agency, and as lead agency makes a determime of non-significance and grants a Negative Declaration on this Type I action. Mr. Latham: Second. Mr. Ward: Seconded. Ail those in favor? Ayes: Mr. Latham, Mr. Edwards, Mr. Orlowski, Mr. McDonald, Mr. Ward. Mr. Ward: Opposed? Motion carried. Mr. Ward: Raymond B. Gary, Raymond B. Gary mhd Prudence G. Gary and Fishers Island Development Corporation. SCTM 91000-4-5-13, 14, and part of Private Road ~7. SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT SOUTHOLD TOWN PLANNING BOARD 22 MARCH 22, 1993 Lead Agency Coordination Mr. Ward: Pindar Vineyards - This site plan is for a structure 22' 4" by 16'2" to house toilet facilities. SCTM ~1000-85-115. Mr. Latham: I would like to offer a motion. RESOLVED that the Southold Town Planning Board start the lead agency coordination process on this unlisted action. Mr. Edwards: Second. Mr. Ward: Seconded. Ail those in favor? Ayes: Mr. Edwards, Mr. Latham, Mr. McDonald, Mr. Orlowski, Mr. Ward. Mr. Ward: Opposed? Motion carried. CHANGE OF ZONE APPLICATIONS Mr. Ward: Reynold & Herman Blum - This petition is to change the zone of 5.68 acres of land on two adjoining properties from Residential Office (RO) to General Business (B). The property is the site of the Peconic Bay Vineyards, located on the south side of SR 25, 737.32 feet west of Harbor Lane in Cutchogue, New York. SCTM $i000-103-1-19.2 & p.o 19.11. Mr. Latham: Before we vote, it seems to me that we are zeroing in on this one particular thing, we always have and it bothers me a little bit. I think Mr. Blum would do a good job and he has done a good job in whatever he has done and that is the only thing that bothers me. Before that, the owner was zeroed in and now we seem to want to keep this place the old farmhouse look forever and I am not sure, well, I would like to see it but whether it is right for the applicant, I am not sure. That's all. Mr. McDonald: I don~t think the Board was in disagreement with you, I think it was more a matter of the timing of this and how the application was processed and other ideas that are. being loaded simultaneously that made us question whether this was the best time for this to go ahead without a more through review of the idea and what could he done on the property. I am not in disagreement with what you are saying to tell you the truth but I am in agreement with what the document we are sending over says. Mr. Ward: I think that the Board has sympathy for additional uses in comparability with the vineyard, with the winery specifically, but our real concern is the fact of setting a SOUTHOLD TOWN PLANNING BOARD 23 MARCH 22, 1993 precedent for dividing the business frontage from the vineyard and our concern is that it needs to be kept in one ownership and one parcel and that the uses that are allowed on the vineyard need to be carefully looked at because if this particular parcel goes ahead either to business or to LD, then every other winery in town will be marching down to the town board knocking on the doors saying well, you did it here we should do it there. It is more of a question from this Board as to, let's look at the whole situation and let's come up with something fair and equitable for everyone and not do it on peace meal basis, that is essentially where we are coming from. What is the pleasure of the Board? Mr. McDonald: There is a motion that it be forwarded and I second that motion° Mr. Ward: Seconded. Ail those if favor? Ayes: Mr. Latham, Mr. McDonald, Mr. Edwards, Mr. Ward. Abstain: Mr. Orlowski. Mr. Ward: So moved° Mr. Ward: Approval of Planning Board Minutes. Board to approve November 23, 1992 minutes. Mr. Latham: So moved. Mr. Edward: Seconded. Mr. Ward: All those in favor? Ayes: Mr. Latham, Mr. Orlowski, Mr. Edwards, Mr. McDonald, Mr. Ward. Mr. Ward: Motion carried. Mr. Ward: I have no further business to come before the Board. Is there anything else? Mr. Latham: Mr. Orlowski: Mr. Latham: Ayes: I move we adjourn the meeting. Second. All those in favor? Mr. Latham, Mr. Orlowski, Mr. McDonald, Mr. Edwards, Mr. Ward, SOUTHOLD TOWN PLANNING BOARD 24 MARCH 22, 1993 Mr. Ward: Opposed? Motion carried. Being there was no further business to come before the Board, the meeting was adjourned at 8:15 p.m.. Respectfully submitted, ~ Jane Rousseau, Secretary Richard G. Ward, Chairman