HomeMy WebLinkAboutPB-03/11/1991PLANNING 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
SCOTT L. HARRIS
Supervisor
Town Hall. 53095 Main Road
'P.O. Box 1179
S0uthold, New York I 1971
Fax (516) 765-1823
Present were:
SOUTHOLD TOWN PLANNING BOARD
MINUTES
MARCH 11, 1991
Bennett Orlowski Jr., Chairman
G. Richie Latham, Member
Richard Ward, Member
Kenneth Edwards, Member
Mark McDonald, Member
Valerie Scopaz, Town Planner
Melissa Spiro, Planner
Holly Perrone, Secretary
Jane Rousseau, Secretary
RECEIVED
APR g 1991
Southold Town Clerk
Mr. Orlowski: Good evening, I would like to call this meeting
to order. First order of business at 7:30 p.m. Thomas W.
Russell, Jr. - This minor subdivision is for two lots on 2.22
acres located on Heathulie Avenue and Beach Avenue on Fishers
Island.~ SCTM ~ 1000-9-11-9.1. We have proof of publication
in the local paper 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? Hearing none, is anyone out there neither pro nor
con but may have information pertaining to this subdivision that
might be of interest to the Board? Hearing none, any questions
from the Board?
Board: No questions.
Mr. Ortowski: Being no further questions, I'll declare this
hearing closed. Does the Board have any pleasure?
Mr. Edwards: Mr. Chairman, I would like to offer the following
resolution.
WHEREAS, Thomas W. Russell, Jr. individually and as
ancillary executor of the Estate of Dorothy M. Russell, Dorothy
PLANNIN BOARD 2 MARCH 11, 1991
R. Chap
propert
at Heat
nan and Judith R. Driscoll is the owner of the
~ known and designated as SCTM $ 1000-9-11-9.1, located
5ulie Avenue and Beach Avenue on Fishers Island; and
WHEREAS, this minor subdivision, to be known as Minor
SubdiviSion for Thomas W. Russell, Jr., is for two lots on 2.22
acres; and
WHEREAS, a variance for insufficient lot area, depth and
setbacks, was granted by the Zoning Board of Appeals on June 2,
1988; 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
March 5, 1990; and
WHEREAS, a final public hearing was closed on said
subdivision application at the Town Hall, Southold, New York on
March 11, 1991; and
WHEREAS, all the requirements of the Subdivision
Regulations of the Town of Southold have been met; and
now therefore, be it
RESOLVED, that the Southold Town Planning Board grant
conditional final approval on the surveys last~dated December
28, 1990 and authorize the Chairman to endorse the final surveys
subject to fulfillment of the following condition. ~This
condition must be met within six (6) months of the date of this
resolution.
1. Submission of one additional final map containing
a valid stamp of Health Department approval.
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.
Hearings Held Over From Previous Meetings:
Subdivisions - Final
PLANNING BOARD 3 MARCH 11, 1991
Mr. Orlowski: 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.
SCTM ~1000-95-4-14.1. This hearing has been held open due to
the question on the open space and I will ask if anybody has any
questions or comments on this right now? What is the pleasure
of the Board? I don't think we have reached, any agreement on
what we are going to do on this. Mr. Danowski has said this
afternoon that he would go along with keeping the hearing open
again°
Mr. Ward: O.K., so moved.
Mr. Latham: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. Latham, Mr. Ward, Mr. F~wards,
Mr. McDonald, Mr~ Orlowski.
Mr. Orlowski: Opposed? So ordered.
Mr. Orlowski: Also, on the hearing held open we have
EleanorSievernich - This minor subdivision is for two lots
on 30.3565 acres located on the east side of Cox Neck Lane in
Mattituck.
SCTM $1000-113-8-5. Are there any comments on this
application? The Planning Board is waiting for some written
response. I think at this time we could still keep the hearing
open.
Mr. Edwards: I make a motion to keep the hearing open.
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.
Preliminary Subdivision:
Mr. Orlowski: Franklin Blachl¥ - This major subdivision is
for nine lots on 20.4 acres located on the northeast side of
Alvah's Lane; 2,873 feet northwest of New York State Route 25
PLANNING BOARD 4 MARCH 11, 1991
in Cutchogue. SCTM $1000-102-4-5.
pleasure on this application?
Mr. McDonald:
Fir. Edwards:
Mr. Orlowski: Motion made and seconded.
motion? All those in favor?
Does the Board have any
I make a motion we close the hearing.
Second.
Any questions on the
Ayes: Mr. McDonald, Mr. Ward, Mr. Edwards,
Mr. Latham, Mr. Orlowski.
Mr. Orlowski: Opposed? So ordered.
the preliminary?
What is the pleasure on
Mr. McDonald: Mr. Chairman, I make a motion.
RESOLVED that the Southold Town Planning Board grant
preliminary approval on the maps dated March 11~ 1991 with the
following modifications:
The terms of the open space easement are to
be determined at a later date.
Mr. Edwards: Second.
Mr. Orlowski: Motion made and seconded.
motion? All those in favor?
Building envelopes are to be shown for all lots.
Any questions on the
Ayes: Mr. Edwards, Mr. Orlowski, Mr. McDonald,
Fir. Latham, Mr. Ward.
Mr. Orlowski: Opposed? So ordered.
Final Determinations:
Mr. Orlowski: Thomas W. Russell, Jr. Has been done.
Setting of Preliminary Hearings:
Mr. Orlowski: Puritan Farms - This major subdivision is for
eight lots on i7.551 acres located on the southwest side of
Ackerly Pond Lane~ approximately 1040 feet northwest of Lower
Pond Road in Southold. SCTM $ 1000-69-5-7. What is the
pleasure of the Board?
PLANNING BOARD 5 MARCH 11, 1991
Mr. McDonald: Mr. Chairman, I would like to offer the following
motion.
RESOLVED that the Southold Town Planning Board set Tuesday,
April 1, 1991 at 7:30 p.m. for a preliminary pu3olic hearing on
the maps dated February 19, 199I, which will be revised, as
follows, prior to the hearing.
1. The building envelope for Lot 1 shall be indicated.
Front, rear and side yards should be indicated as such.
2. The total area of Lot 1 is to be shown. The area of
the Building envelope should also be indicated.
The area adjacent to Lot 8 shall be labeled as a
conservation easement rather than as open space.
This area shall be incorporated into Lot 8.
4. Building envelopes shall be shown for all lots.
5. Revised maps must be submitted prior to the date of
the preliminary hearing.
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.
Mr. Orlowski: Opposed? So ordered.
Review of Reports: Suffolk County Planning Commission
Mr. Orlowski: Harry & Janet Hohn - This minor subdivision
is for three lots on 7.368 acres located on the southwest corner
of Aborn Lane and Nassau Point Road in Cutchogue.
SCTM ~1000-118-6-1 & 3.1
Mr. Ward: Mr. Chairman, I would like to offer the following
resolution.
RESOLVED to adopt the February 7, 1991, Suffolk County
Planning Commission Report with the following amendments
(numbers correspond to numbers in report):
To be amended to read: No lot line shall be changed
in any manner at any future date unless authorized by
the Town of Southold Planning Board.
2. Is to remain as written.
PLANNING BOARD 6 MARCH 11, i991
To be amended to read: Due to the minimum lot
area requirement of the zoning classification of this
property being considerably less than the area of Lots
1, 2 & 3, each lot shall be made subject to a covenant
that will prohibit future subdivision in perpetuity.
To be amended to read: No new sanitary disposal
facility shall be constructed or otherwise located
within 100 feet of existing bulkhead.
4(a)To be added: No new residential structure shall be
constructed within 75 feet of existing bulkhead.
5&6 Are to remain as written.
To be amended to read: These covenants and
restrictions can be modified only at the request of
the then owner of the premises with the approval of
a majority plus one of the Planning Board of the Town
of Southold after a publiC hearing. Adjoining propert~
owners shall be entitled to notice of such public
hearing but their consent to such modification shall
not be required.
8. To remain as written. This must include the Liber
page number.
The following items are also required:
A. The non-use area is to be re-labeled as
a conservation easement.
The conservation easement shall r~main in its
natural state. Maintenance of this natural
vegetation shall be the only used allowed.
Items 1, 2, 3, 4, 4a, 5, 6, 7 and B from above, must be
presented in a Declaration of Covenants and Restrictions in
proper legal form.
Item 8 and A from above, must be shown on the final map.
Upon receipt of the Zoning Board of Appeal's decision in
regard to the 280a access applications, the Planning Board may
request additional covenants and restrictions.
Mr. Edwards: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. Edwards, Mr. Ward, Mr. Latham
Mr. McDonald, Mr. Orlowski.
PLANNING BOARD 7 MARCH 11, 1991
Mr. Orlowski: Opposed? So ordered.
Mr. Orlowski: 7:45 p.m. Subdivisions - State Environmental
Quality Review Act - Angel Shores- Public hearing on the
Draft Environmental Impact Statement dated December 1990. This
proposed subdivision is located in Southold. At this time I'll
ask if there are any comments on this Draft Environmental Impact
Statement?
Mr. DeLuca: With your permission, I am going to try and set
this up to show you a little site plan I have. I am here this
evening on behalf of the Suffolk County Health Department Office
of Ecology. For the sake of the record and for those who may
not know, the Office of Ecology was created in 1986 to expand
the Health Department's role beyond simply the sanitary code
regulations Of water supply and sewage disposal, and to fill a
void that existed within a copy with respect to review of
environmental project's of Countywide significance. This is
one such project and we have been involved since about 1988 in
the review of this action through the numerous DEIS's and
revisions and addendum's and so forth.
As I reviewed the current document, two things came to
mind, one was my continuing concerns about the various natural
resources that exist on this site, which have been enumerated
and which appear ~n the appendices of the document. I won't
restate those in detail for the sake of time, but as all of you
are well aware, there are numerous resources including fresh
water wetlands, tidal wetlands, a very nice area of second
growth woodland vegetation which provide a lot of habitat, for
critters, as evidence I think in a lot of the information in the
DEIS. We have a scenic issue which has been brought to my
attention on several occasions. We have agricultural land and
just a number of other resources that really make this the kind
of project that has a lot of important concerns. As I said,
rather than restating a lot of those for you, I thought what I
would do this time around, is to address the second issue which
has constantly been the focus of our comments and that is the
issue of alternatives.
In our opinion, the current document doesn't provide enough
attention to alternative propoSals and we thought we would take
a crack at giving you one that you might want to consider. I
think I should point out that we're not saying this is the only
alternative, it is simply one among many and based on our
involvement with this project, we think it is a reasonable and
responsible one.
I would like to discuss with you a couple of major points
of this but first, if I'm speaking loud enough and I come over
here if it is alright I would just like to leave the microphone.
PLANNING BOARD 8 MARCH 11, 1991
I think I should be able to get across to everybody and point at
the same time here.
One of the things that I wanted to do in looking at this
map, and one of the things that concerned us was Section I,
which clearly is an area that has the steepest slopes, those
which are subject to the most amount of erosion in all
likelihood. Two fresh water wetlands, tidal wetlands and down
here we have an area within the coastal zone which is likely to
be the subject of erosion as the result of the dynamic
shoreline. As a result, we are left with Section II of the
project which is reasonably flat, has been disturbed in the
past, although it currently is in old field or early successful
revegetation, but in any case it is an area where we don't
have a lot of the same concerns.
In general, what we did was to take some of the lots and
I'll leave this with you because I don~t have to take this back
with me, and I would also like to thank 'the applicant for
providing the base map upon which ! could draw. You will notice
here in these little white indications, areas where there were
proposed lots and I will give you sort of a color scheme. What
I have done, was to take these lots and see if I could fit them
in, in an appropriate way on Section II. Here is how I did
that. The pink lots that you see, represent clustered lots
taken, I'm sorry I can't really show this perimeter, they are
clustered lots that have been taken out of Section I and moved
into Section II. In all cases, you can see wh~t I have done, I
have created single flag lots, none of which are less than
21,000 square feet. I basically took lots that were larger than
40,000, cut them in half very simply and provided single flag
extensions on to some of them. I also tried to disburses them
throughout the site to try and create more of a community
character, which if you look at historical subdivisions, the way
areas used to be developed was a house here and house here,
different sized lots in different areas. That kind of idea was
running with us as we looked at this. It also helps us to
protect the very nice natural resource and also according tothe
archaeological report probably the most potential archaeological
importance.
A couple of other factors that are involved here include
the lots down here on the shoreline. In our consideration of
reasonable alternatives we recognize that it is extremely
important to the appliCant to try and realize a return on the
property. You have lots down near the water, which of course,
are very large and, according to people who are developing
coastal properties, what we tried to do was say, let's look at
these properties and where is the area which is the most
significant concern in terms of natural resources and what we
tried to do was pull up most of the lots beyond that area where
we can reasonably expect erosion in the short and in the long
term. Why do we do that? Well, the reason we do that is
because, what you find if you look just west of here and if you
PLANNING BOARD 9 MARCH 11, 1991
look around Southold or just about anywhere else on the East End
is that the first storm that comes along and chops off half of
this guys property that he paid a lot for, goes into the DEC and
says, Hey! I have got to have something to catch the sand
because I am loosing my property with every storm, and we begin
to get together structural stabilization measures along the
dynamic shore that isn't the way that our office, and I believe
the Department of State will probably bear me out on this, think
of as a good way to try and manage that dynamic system. By
providing these lots in this area, you are allowing again a
waterview if you will. Something else that you would
reco~m~,end in here would be the consideration of a combined
access so that you don't get a whole bunch of staircases and
clearing and so forth down into this area. These lots, if you
combine their access, you've got access to the water, you've got
a view of the water, they are down here and that is the
applicant's concern, they are helping us to protect the natural
resources which is really our concern.
These areas up in here, the applicant has made an attempt,
I think, probably because we have raised this concern before, to
expand what is a natural corridor that exists between that area
north of Bayview Road and a sort of continuous habitat that
runs all the way down to these wetlands, and down to the tidal
wetlands here. To the biologist, this type of thing is very
exciting to me, or it is very important, because what it does is
it provides for many different types of vegetation and provides
for fresh water, and it provides for continuous_habitat, which
is very important to those area sensitive species that while
they may not be threatened or endangered, need large continuous
tracks in order to breed or they're not going to be around. The
point that I always try to make, in a situation like this, is
that if there is other suitable habitat, that habitat is likely
occupied in many, many cases. It is not that easy for critters
on this site to go someplace else and occupy those sites.
One of the things that was done as a mitigation measure on
the applicants desired plan, I think, is a good effort to
providS a wildlife cOnservation easement. In the lots that I
c~eated, what you'll notice, is that I haven't 'really provided
any of those easements, and while that might seem contrary to my
general position here. Let me tell you why I did that.
Conservation easements are something which as a municipality,
you have to be worried about teChnicatIy, policing, and once you
sell this lot and that individual has this forty or fifty foot
easement along the property line, somebOdyis' responsible for
its oversight and for its management technically. I know of
many examples, and I can think of one in the Town of
Southampton. I looked at a project several years down the
road and half the time, you know you own a piece of property
five, ten years later, and you go out and chop some trees down,
I doubt anybody from the Town is going to drive by and say gee,
I think there used to be something over there, and the intent
you have really often times, in our experience, gets lost. It
PLANNING BOARD 10 MARCH 11, 1991
has also been our experience when you preserve large continuous
tracks of open space it is something that is manageable by
either a homeowners association, which can be managed under Town
jurisdiction and those areas tend to remain more intact. They
tend to have less opportunity for this guy to come in and clear
off his lot and then the next guy then says, gee, I guess that
is where the lot boundary is, he clears his off, so that's why
it is a concern for us and where you will notice in the lots
that we put in here, we didn't include those.
What we also did in Angel Shores II, was to take a little
bit away from the conservation easement and move it outside the
lot boundary so when a individual buys a piece of property that
individual is aware basically, of where he is going to be
operating and so forth, so those are some of the other things
that we have done here.
Just briefly, we have thirteen lots of one acre in size,
the original one obviously, I believe was forty-nine. We have
the rest of them being between 21,000 and 30,000 square feet,
primarily these are around 30,000 and some of these other ones,
again this is not something that we absolutely have to have but
just to point out that these lots are of reasonable size and
that you don't have to have that concern about the cluster being
sort of a big apartment building in the middle of this otherwise
country rural kind of atmosphere.
Something else that we did was to relocate, the recharge
basin, because of the concern that was brought to our attention
on several occasions, which was that of the scenic vista which
exists across here which we tried to maintain, by just moving
back behind some of these lots, we thought that you could
probably accommodate that if that was necessary, given the grade
and given the amount of flow that could be expected from thoss
different areas. I think you will find that this will probably
work out.
O.K., let's see what else we have here. Just a couple of
other considerations. Not to sound of two minds here, but one
of the things we are concerned about is we do have lots in this
area, if its absolutely, the last alternative, we would
encourage native vegetation and would encourage turf
limitations. We also know that those kinds of things are not as
easy to manage but are well intended, and I think that they are
in harmony with what the law is out to here, trying to find
something that will minimize or mitigate potential impacts to
the greatest degree practicable.
A couple of other things, the road that services these lots
down in the southern portion here, because it only serves four
lots, we would ask the Board whether or not it is appropriate to
consider a impervious surface or a smaller road rather than a
large paved surface which generates more runoff and could
PLANNING BOARD 11 MARCH 11, 1991
potentially have more impacts to the i~m~ediate and to the
wetlands areas here. Also, you will notice, that by eliminating
a lot of these lots, what we have done is to eliminate the need
for this whole access road in here, which again would make it
cheaper to develop the site for the applicant and it would also
help to preserve the integrity of the wildlife corridor. Two
lots that are a little bit different from the others you will
just notice up here. What we really did was to provide for a
wider area of continuous habitat. We could take two lots off
this road, and kind of just turn them and allow the access onto
Main Bayview which is sort of a double flag this way. This
one is one acre, and this one is a little bit less.
One other thing that I wanted to bring to your attention
was the issue of underground sprinkler systems. Because this is
a community supply area, we have concern that water in that
CO~LuLLunity supply be protected as best as possible, for drinking
water purposes, and that the Board may wish to consider, within
other alternatives, a covenant or some sort of restriction on
the proliferation of underground irrigation systems as part of
this.
I think I would just like to leave you with the comments
that I brought. I'll leave you with this map and just to point
to something that I found in the DEIS this morning, which was
a statement from the enabling legislation for the Peconic Bay
CEA of which this is partially included, and therefore,
involved in that designation. In accordance to~the.document,
theenabling legislation said that the Peconic Bay and its
immediate surrounding area contain natural resources requiring
the most stringent steps to protect them as components of
Suffolk County's unique environmental and fragile scenic
beauty. I haven't, in all honesty, run across many sites that
have as many different types of natural resources, concerns,
features, values, aesthetic and visual concerns and that is one
of the reasons that we have been so heavily involved in this
project. I think that the SEQRA process allows the Board a great
deal of flexibility in the kinds of alternatives that it can
request, and we are hopeful that this alternative might be seen
that is reasonable for the Board and reasonable for the
applicant, and one which best protects this whole site given the
fact that this site in all likelihood will be developed. With
that, I thank you for your kind, courteous attention and I will
be happy to answer any questions if you have them. Thank you~
Mr. Orlowski: O.K., any other comments?
Michael J. Costello - I live at West Lake Drive. Has any
study been made of the relationship of cesspools to the amount
of water there? I've been out there for over twenty five years.
When the Dickerson's farmed that area, and when they had the
irrigation going, I live on the water, and I would get salt
intrusion, so I was wondering if any study was made with
relationship to that? The wauer is only ten feet down there.
PLANNING BOARD 12 MARCH 11, 1991
Mr. Orlowski: I can't answer those questions right now, but
we'll have to look into those. This is just a comment period.
Mr. Costello: Thank you.
Mr. Orlowski: Any other comments?
Sherry Johnson: I represent the North Fork Environmental
Council. The North Fork Environmental Council strongly feels
that the Angel Shores project site is very important and
arguably critical to the continued well being of the wildlife
populations on Hog Neck. As discussed in the documentation on
the red cedar maritime forest co~u~nity in the draft EIS, and
in the coastal habitat reports which I have included with my
comments, much more work needs to be done to fully understand
and identify all the species and plant communities found here
and to adequately assess their habitat needs. Fragmentation of
the Section I site will effectively end any chance of studying
the site and interpreting its significance to the Hog Neck
populations.
Further, we feel that there is significant evidence
questioning the availability of sufficient quantities of
groundwater to fully serve this project as proposed and the
existing homes already in the area.
I hope that you will consider our attached comments and
continue to give this project the careful review it deserves.
I've included some extensive con~ents, in lieu of time, I won't
go through and read them I will just hi-light some of them. I
also took exceptiones to the fifty foot conservation easements
because I felt it would be better to use that, some of that
area, to reduce the size of the lots and possibly to concentrate
more from Section I into the Section II site.
Wildlife, we have also had comments on the wildlife.
Topography in Section III. The DEIS states that a
grading plan will be Submitted on each lot as they come in for
building permits. This method doesn't allow the lead agency
control over the steep slopes on the entire site, or allow for
mztzgatlonmeasures ased on the entire project. Of partzcular
concern to me is lot $5 in Section I. Building envelopes should
be designated on other lots and strict measures outlined for
protection against sedimentation and run-off entering wetlands
on-site and off. We are also concerned about Sanitary Sewage,
the DEI$ stated that it was anticipatedthat several lots were
not going to meet Health Department requirements. We felt these
lots should be recognized and identified and we thought that
relocating these lots should be discussed so that they will meet
sanitary health code standards.
Groundwater, I thought that the section on groundwater was
fairly inadequate. It did give estimates for household use and
PLANNING BOARD 13 MARCH 11, 1991
theDEIS stated that the public water system would only be
used for household consumption. The FEIS must discuss how it
will enforce this claim. How watering lawns, landscape
plantings and washing cars will be prevented. How the drilling
of a second well by each future homeowner will be prevented.
The FEIS should discuss the Department of Environmental
Conservation's Groundwater Management Program's statements and
recommendations on. groundwater quantity problems.
I felt the section on Solid Waste Disposal was inadequate.
The FEIS should discuss the amounts expected to be generated,
and the cost if Southold has to ship the solid waste out of Town.
There were some comments on schools. The school children
estimated to come from the project were based on a mix of three
and four bedroom houses. The worst case scenario should be
discussed in the FEIS wherein using the formula in the DEIS
fifty one children could be generated.. The FEIS should
discuss the projected cost to educate each child.
The last part was on alternatives. We felt that
transferring three lots from Section I onto Section II was not
representative of an honest attempt to preserve the more
Sensitive of the two sections, which was Section I. The FEIS
should fully discuss concentrating all the development onto
Section II. Thank you.
Mr. Orlowski: Are there any other comments?
Mr. Robert Maus: I live at Cedar Beach. I am concerned with
my drinking water. The DEIS for Angel Shores calculates that
nitrates will be introduced into groundwater at the site. I am
concerned that this will increase nitrate levels in my private
well which is located near the site. It appears that the DEIS
does not address two issues associated with this concern. The
first issue is what will be the cumulative effect of adding
nitrates to groundwaterwhich already has nitrates present in
it, both on site and in my supply well? The second issue which
I feel needs to be clarified to answer this questions is; is my
supply well located~downgradiant of the site?
My supply well currently contains 6.1 parts of nitrates.
The DEIS calculates that'the project will add 6.8 nitrates.
Simple math would indicate that my Supply well will exceed the
10 parts drinking water standard. I therefore, have the
following questions regarding the completeness of the DEIS.
Did the DEIS locate all of the supply wells surrounding the
site and obtain water quality information to establish the
current conditions? The DEIS is lacking the vast majority of
the wells in the area. The assumption that all the private
wells would be listed in public files is obviously wrong. Each
house surrounding the site has a private supply well associated
with it and there is no public water supply in the area. A side
issue related to the on site well; did the DEIS establish the
PLANNING BOARD 14 MARCH 11, 1991
level of nitrates on site to determine the cumulative effect of
adding nitrates and what effect this would have upon the site
water supply wells?
Is my supply well located downgradiant of the site? My
supply well and my neighbors supply wells contain nitrate and
some contain temik which was applied to the former potato farm
at the site. This is on Angel Shores II. Does this tell me
anything about groundwater flow direction? I always thought
that groundwater flowed from the land to the sea which, in this
case flow would be to the south, southeast and east from the
site and not j~st to the south as indicated in the DEIS. If
the nitrates and temik that are in the above mentioned wells
are from. the farm, will the nitrates that the project will add
end up in my w~ll? I therefore, have the following questions
regarding the ~ompleteness of the DEIS. The DEIS used water
level data coi~ected from several wells over a period of years.
Does using water leVels collected from different wells at
ifferenttimes yield accurate information on groundwater flow
irection? Were the private water supply wells, which were used
to determine groundwater flow direction, surveyed and water
levels obtained with the same accuracy that the Suffolk County
Department of Health Services would utilize to determine
groundwater flow direction? When my supply well was installed
no one surveyed my well and took detailed water level
measurements. Over the different years that the water levels
were obtained did the levels fluctuate and the flow directions
change resulting in erroneous flow determination? What is the
present flow. directions? Wells were not used to determine
~roundwater flow direction between the Site and the sUpplY wells
located to the south or east of the site. What is groundwater
flow direction to the east and south of the site? My well is
locatSd to the,east of the site and contains nitrates and my
neighbors c°nt~in temik. If the temik is from the site and
the DEIS states that groundwater flow is to the south how can
this be? The DEIS references two reports that map groundwater
flowing to the south. If the DEIS does not include wells
between the Si~e and the south and eastern water supply wells,
dO these reports? If these reports do reveal wells in the area
to the east and south of the site why are they not included in
the DEIS? TheDEIS references two reports that map
~roundwaterflOwing to the south. If the DEIS does not
inclUdewells between the site and the South and eastern water
supply wells, do these reports? If these reports do reveal
wel~s in t~e area to the east and south of the site why are they
not included in the DEIS? Do the two referenced reports
contain enough data to accurately map groundwater flow at a
level of detail needed to determine groundwater flow direction
on the site? Will additional monitoring wells be installed in
sufficient numbers to answer these questions? What will be the
groundwater flow directions once the surface water runoff is
directed to the central recharge basis? Will diverting surface
runoff that contains nitrates to central locations introduce
concentrations of nitrates above the 6.8 parts potentially into
PLANNING BOARD 15 MARCH 11, 1991
a small area and increase nitrate levels in selected areas that
could impact surrounding wells? Is this similarly true of each
of the cesspool locations?
Does the DEIS address salt water intrusion? Many of the
wells in the area have experienced saltwater intrusion. A brief
review of the well data in the DEIS indicates that the test
wells installed encountered salt water only twenty six feet
below grade. Therefore, I have the following questions; What
will be the long term effect of pumping these wells on my well
water quality and the project well? I see no mention of the
long term effect of pumping. Will this well draw water up from
depth and in from the shore line over time? What kind of
evaluation if any did the DEIS make of this? Has the DEIS
addressed present extent of saltwater intrusion in the area? If
the present extent of salt water intrusion is known how will it
change when the site wells are operating? The DEIS mentions a
water level elevation of minus four feet below mean sea level in
the area. Does this mean that the water is flowing from the
bay into the area and bringing in salt water? Will the water
levels decrease further with pumping and increase salt water
flow inland?
Historically, on Long Island, hasn't increased pumping of
groundwater resulted in saltwater intrusion along the south
shore and therefore, resulted in the installation of public
water from west to east with population growth? If so, what
information can be derived from this occurrenc~ and what plans
are being implemented for this area should this project result
in increased salt water intrusion in the area? Similarly hasn't
nitrates also been a major reason for the installation of public
water supply wells on most of Long Island? If so, what
information can be learned historically and what contingencies
if any has this DEIS evaluated? Has the DEIS evaluated the
economic impact on surrounding residences that would occur if
water quality degrades and public water supply is introduced.
The majority of the surrounding residences are on fixed incomes
and could potentially lose their homes if made to bear the cost
of a public water supply system. Should the Town or Angel
Shores be made to post a bond at this time in case the
surrounding water supplies degrade or the project water supply
fails?
Lastly, I would like to know what the accuracy of the work
completed in the DEIS is. I would like to know what are the
qualifications of an engineering firm to conduct a DEIS in New
York State. Does it require a trained and registered
hydrogeologist? I understand, that New York State has no
registration program for hydrogeologist and therefore, anyone
can provide this service~ Does it require a New York registered
P.E.? If so, does the New York P.E. certification require or
have a testing or education requirement for groundwater supply
work? If not, how can I be sure that the groundwater portions
of the DEIS are done to any degree of accuracy? What are the
PLANNING BOARD 16 MARCH 11, 1991
qualifications of the firm that prepared the DEIS? As you see,
I am concerned with the water. I appreciate you considering it
and furthermore, seeing this presentation and hearing the
previous comments I think at this point we have more than enough
homes projected for Angel Shores II. We have a two acre zoning
in the area and we've already downgraded that with projected
movements from one and I see no sense in putting in more than
have been proposed up until now.
Mr. Orlowski: Any other comments? Hearing none, any
questions from the Board?
Mr. Ward: The Planning Board does have a copy of their comments
in the file which the applicants should receive.
Mr. Orlowski: The Planning Board does have its own comments
and they are on file. They are on record right now. Any other
questions from the Board?
Board: None.
Mr. Orlowski: Hearing no further comments or questions, I
will entertain a motion to close this hearing, but before I do I
just want you to all know that the comment period runs until
March the 21st, so you still have time to get comments in to
us in writing.
Mr. Ward: So moved.
Mr. McDonald: 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.
Engineering Reports
Mr. Orlowski: Cornfields - This major s~hdivision is for
ten lots on 20.995 acres located on the east side of Youngs
Avenue; approximately 500 feet north of Middle Road (C.R. 48) in
Southold. SCTM ~1000-69'5-7. What is the pleasure of the
Board?
Mr. Ward: Mr. Chairman, I would like to adopt the following
resolution.
RESOLVED to adopt the engineer's report dated February 26,
1991.
PLANNING BOARD 17 MARCH 11, 1991
Mr. McDonald: Second.
Mr. Orlowski: Motion made and seconded.
motion? All those in favor?
Ayes: Mr. Ward, Mr. McDonald, Mr. Latham,
Mr. Edwards, Mr. Orlowski.
Mr. Orlowski:
Any questions on the
Opposed? So ordered.
Puritan Farms - SCTM %1000-69-5-7.
Mr. Orlowski:
Mr. Ward: Mr. Chairman, I would like to offer the following
resolution.
RESOLVED to adopt the engineer's report dated February 6,
1991.
Mr. Edwards: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. Ward, Mr. Edwards, Mr. Orlowski,
Mr. Latham, Mr. McDonald.
Mr. Orlowski: Opposed? So ordered.
Bond Determinations:
Mr. Orlowski: Cornfields - SCTM %1000-55-2-9.1.
Mr. McDonald: Mr. Chairman, I would like to offer the following
resolution.
RESOLVED to adopt the bond estimate dated as revisedMarch
4, 1991, and to reco~mL~end same to the Town Board. The bond
estimate is in the amount of $190,690.00, with an inspection fee
in the amount of $11,441.00.
Mr. Ward: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion. All those in favor?
Ayes: Mr. Ward, Mr. McDonald, Mr. Edwards,
Mr. Latham, Mr. Orlowski.
Mr. Ortowski: Opposed? So ordered.
PLANNING BOARD 18 MARCH 11, 1991
MAJOR AND MINOR SUBDIVISIONS LOT LINE CF~ANGES, SET OFF
APPLICATIONS - STATE ENVIRONMENTAL QUALITY REVIEW ACT
Determinations:
Mr. Or lowski:
3.1.
Mr. Edwards:
resolution.
RESOLVED that the Southold Town Planning Board, acting
under the State Environmental Quality Review Act, make
determination of non-significance, and grant a Negative
Declaration.
Mr. Latham: Second.
Mr. Orlowski: Motion made and seconded.
motion? All those in favor?
Ayes: Mr. Latham, Mr. Orlowski, Mr. Ward,
Mr. Edwards, Mr. McDonald.
Mr. Orlowski:
Harry & JanetHohn - SCTM 91000-118-6-1 &
Mr. Chairman, I would like to offer the following
Mr. Orlowski:
two lots on 68,604 square feet located at the northwest corner
of North Bayview Road and Reydon Drive in Southold.
SCTM ~1000-79-5-10 & 11.
Mr. McDonald: 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, make a
determination of non-significance, and grant a Negative
Declaration.
Mr. Latham: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. Latham, Mr. McDonald, Mr. Edwards,
Mr. Ward, Mr. Orlowski.
Mr. Orlowski: Opposed? So ordered.
Opposed? So ordered.
Donald Osani - This minor subdivision is for
Any questions on the
PLANNING BOARD 19 MARCH 11, 1991
Mr. Ortowski: Porter and Mary Goss and Michael Laughlin
- This lot line change is to subtract .66 of an acre from a 5.47
acre parcel and to add it to a 1.16 acre parcel on Fishers
Island.
SCTM ~ 1000-2-1-15.1 & 16.
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, make a
determination of non-significance, and grant a Negative
Declaration.
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.
Mr. Orlowki: Porter and Mary Goss - This lot line change
is to subtract .1 of an acre from a .74 acre parcel and add it
to a .99 acre parcel on Fishers Island.
SCTM ~ 1000-2-1-13 & 14.
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, make a
determination of non-significance, and grant a Negative
Declaration.
Mr. Latham: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. Orlowski, Mr. Latham, Mr. McDonald,
Mr. Edwards, Mr. Ward.
Mr. Orlowski: Opposed? So ordered.
Mr. Orlowski: Carolyn Haman - This proposed lot line
change is to subtract 10,890 square feet from a 10,391 acre
parcel and add it to a 12,523 square foot parcel in Southold.
SCTM ~ 1000-55-1-6.
Mr. Ward: Mr. Chairman, I would like to offer the following
resolution.
PLANNING BOARD 20 MARCH 11, 1991
RESOLVED that the Southold Town Planning Board, acting
under the State Environmental Quality Review Act, do an
uncoordinated review of this unlisted action. The Planning
Board established itself as Lead Agency, and as Lead Agency
makes a determination of non-significance and grants a Negative
Declaration.
Mr. Latham: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. Latham, Mr. Orlowski, Mr. McDonald,
Mr. Ward, Mr. Edwards.
Mr. Orlowski: Opposed? So ordered.
LOCAL LAW PROPOSALS
Mr. Orlowski: A Local Law in Relation to Zoning Use
Regulations (Home Occupations).
Mr. McDonald: Mr. Chairman, I would like to m~ke a motion.
RESOLVED that the Southold Town Planning Board has no
objection to the Three proposed amendments to change sections of
the Zoning Code governing the Home Occupation use by rewording
the following sections of the Zoning Code 13; 3t(c) (2); i91(Q)
(1) (a); and 236(A).
The Board understands that the purpose of the changes is to
allow baymen to operate their businesses out of their homes.
And the proposed amendments appear to accomplish this purpose.
For the record, we note that the proposed change in the
definition (100-13A.) will revise the distinct, and separate,
status that Home Occupations and Home Professional offices have
been accorded up to now. For all practical purposes, the
revised Home Occupation definition will include the Home
Professional Office definition, whereas now there is a distinct
separation between the two.
The proposed amendment to the definition of home
occupation, specifically sub-definition A., opens the door to
include many other kinds of businesses which are not addressed
by the Code. When this new definition is read in conjunction
with the listing of prohibited uses, a question arises as to
whether the following businesses would be pezmitted to operate
as either home occupations or home professional offices:
Consulting firms in such diverse fields as computers,
science, financial services and other professional
PLANNING BOARD 21 MARCH 11, 1991
services
Day Care by a Homemaker
Appliance repair shop.
Catering
Arts and Crafts
Furniture Repair or Restoration
Some of these businesses are allowed under the current
code. Their status under the proposed amendments is not clear.
Accordingly the Planning Board feels that the Home Occupation
Section of the Zoning Code needs further review and amendment.
Mr. Ward: Second.
Mr. Latham: I have a question on the Home Occupation by
Baymen. They are subject to the Suffolk County Board of Health
rules aren't they?
Mr. Orlowski: On processing.
Mr. Latham: On processing of the opening of shell fish.
Mr. McDonald: It doesn't relieve them from the requirements of
the Health Department.
Mr. Orlowski: O.K., motion made and seconded. Any questions
on the motion? All those in favor?
Ayes: Mr. Latham, Mr. Ward, Mr. McDonald,
Mr. Edwards, Mr. Ortowski.
Mr. Orlowski: Opposed? So ordered.
Mr. McDonald: Mr. Chairman, I would like to make a further
motion.
BE IT RESOLVED that the Planning Board has no objection to,
the proposed addition of Section 100-235.C. 1. and 2. on Fire
Lane Standards for residential lots to the Town Code. It should
be noted, however, that the amendment is silent on lane widths
for commercial and industrial structures.
Mr. Ward: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. Ward, Mr. Orlowski, Mr. Latham,
Mr. McDonald, Mr. Latham.
Mr. Orlowski: Opposed? So ordered.
PLANNING BOARD 22 MARCH 11, 1991
SETTING OF THE NEXT PLANNING BOARD MEETING
Mr. Orlowski: Board to set Monday April 1, 1991 at 7:30 p.m.
at the Southold Town Hall, Main Road, Southold as the time and
place for the next regular Planning Board meeting.
Mr. Ward: 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. Ortowski.
Mr. Orlowski: Opposed? So ordered.
Mr. Orlowski: I'll make a motion to approve the Planning
Board minutes of February 12, 1991.
Mr. McDonald: Second.
Mr. Orlowski: Motion made and seconded. Any questions on the
motion? All those in favor?
Ayes: Mr. McDonald, Mr. Edwards, Mr. Latham,
Mr. Orlowski, Mr. Ward.
Mr. Orlowski: Opposed? So ordered.
Mr. Orlowski: Being as I have nothing left on my agenda. I
see Mr. Steiferis here, would you like to address the Board?
Joe Steifer: Mattituck. When I spoke to the Board the last
time I was here, the request was for C.O.'s on the back
properties which, I believe, were taken care of. There were
C.O.'s available. I guess that was the raising of the question,
I believe, by you Mr. McDonald.
Mr. McDonald.: No, I can guarantee you that I did not raise that
question. However, I am interested, did you supply C.O.'s to
us? Vacant land C.O.'s?
Mr. Steifer: No, in other words I was under the impression
that you people had gotten them from the Building Department.
McDonald: You can no longer get a vacant land C.O..
Mr. Steifer: I am talking about a building C.O. and you can't
get a building C.O. without access.
PLANNING BOARD 23 MARCH 11, 1991
Mr. McDonald: Well, that is what I am wondering, how would you
prove that you can get a C.O. until you go to put up a building?
Mr. Steifer: But the C.O.'s are all available now.
Mr. McDonald: Where are they then?
Mr. Steifer: In other words, I would have to furnish them to
the Board? That was actually the question, and all of the back
three lots do have availability for a building C.O. on it, which
means there is an access route to it. This road was'improved by
us. Even though we do not use it, because according to the
Planning Board and the Building Department, we weren't to use
that road so we formed our own road on the east side of the
property which this new piece will come off of.
Mr. McDonald: You formed a driveway?
Mr. Steifer: Yes. 800 feet and the only difference would be,
that it is the one split, with no future subdivision on it,
because that will be retained as a farm and the new house will
be built off that driveway which I have furnished the plans
for.
Mr. McDonald: What have we determined about those back lots?
What do we know?
Ms. Spiro: I have nothing from the Building Department.
Mr. McDonald: So we have nothing from the Building Department.
And was a 280A ever done on it? Or was that part of the
subdivision?
Mr. Orlowski: It is part of the subdivision. The road that
he improved was out of the subdivision.
Mr. McDonald: Well, it needs a 280A. You can't do a road
outside a subdivision without a 280A so there should be a 280A
on this somewhere right? You need an approval from the ZBA for
improvement on the road.
Mr. Steifer: That was ~lready done.
Mr. McDonald: A 280A exists?
Mr. Steifer: It does exist, otherwise there would not b~
building permits available on the back lots.
Mr. McDonald: We don't even know that though.
Mr. Orlowski: There are no building permits, we have nothing.
Mr. Steifer: O.K., so I would have to furnish you with the
building permits?
PLANNING BOARD 24 MARCH 11, 1991
Mr. Orlowski: Qr the Building Department.
Mr. Steifer: I'm sorry, I assumed that this was taken care
of. I had spoken to the Building Department and they said it
was taken care of. I will follow up on it.
Mr. McDonald: While this is certainly important, I don't want
to mislead you, but if you supply these it doesn't necessarily
mean, and I don't speak for the rest of the Board, but even if
you supplied these it doesn't necessarily mean that I would say
O.K., go ahead and put the road on the east side of the property.
Mr. Steifer: The road is already there.
Mr. McDonald: No, there is a driveway, there is no road. There
is a driveway that services a single and separate lot. You are
talking about turning it into several lots.
Mr. Steifer: No, I am talking about only adding one lot.
Mr. McDonald: O.K., you are going to create two lots?
Mr. Steifer: Yes.
Mr. McDonald: There is one and you want two?
Mr. Steifer: The front one will be off Sound Avenue.
Mr. McDonald: So a road could conceivably be necessary. You
could call it a driveway but it would still be considered a
road, and I don't want to mislead you simple because you supply
that. I might not necessarily, and again I am not speaking for
the rest of the Board, and I haventt decided yet either. But,
simply supplying them doesn't necessarily mean I am going to say
that no, there is no road needed.
Mr. Steifer: What would be the purpose of the road?
Mr. McDonald: Well, that remains to be seen. That is one of
the reasons I am saying that I haven't decided yet because I
have to look at the whole layout. You had a previous minor
subdivision?
Mr. Steifer: Yes sir.
Mr. McDonald: With a road with a 280A access over this rather
than actually a road, and I've got to be honest (stopped
talking).
Mr. Orlowski: No, the subdivision originally granted was
approved with a road on Mr. Steifer'sproperty. The map was
signed showing the road on his property, and that is all we can
address. When it was done and approved the people or the person
buying a lot, in the back, came to this Board and said "I have
PLANNING BOARD 25 MARCH 11, 1991
no access to my property". The Board says, "Mr. Steifer, in
this subdivision it shows that there is a road on this property
that has to be improved by somebody", she says, I cannot get to
my property, I am involved in litigation. I cannot get building
permits, I cannot get anything. In effect, I have bought a land
locked piece of property. We assured her that it is not because
she has access over to the property, that is suppose to have
been built but was never built on your property because you
improved the access road or right-of-way, which is not in the
subdivision. That is out of our jurisdiction completely.
Mr. Steifer: We improved the road that the Town Board
requested us to improve on the property now.
Mr. McDonald: On your property?
Mr. Steifer: It was on the map. We improved the road that
the Town Board had requested us to improve on the map. It was
part of the property on the map and the Town Board says, you
will have to improve it, otherwise, no subdivision would be put
and there was a vast amount of money spent on this road.
Mr. McDonald: And that is the road that presently exists and
leads into Laurel Lake?
Mr. Steifer: Yes sir.
Mr. McDonald: How many lots are there in the first subdivision?
Mr. Steifer: Four, an average of twenty- eight acres.
Mr. McDonald: So an additional lot, would make you a major?
Mr. Steifer: Yes sir.
Mr. McDonald: Usually, at that point, we would insist on
improving it to the road standards.
Mr. Steifer: But, we are not allowed to travel that road.
Mr. McDonald: Why not?
Mr. Steifer: According to the Town and the Building
Department, we have no access on that road and we have to stay
off. That is why a driveway was put on each side of the
property.
Mr. McDonald: You don't own that property?
Mr. Steifer: Whether I own it or not, I was not permitted
access on it by the Town Board or the Building Department.
Mr. McDonald: Do you know if you own it?
PLANNING BOARD 26 MARCH 11, 1991
Mr. Steifer: According to my map that I just furnished, yes
and this was not done byDanok, this was done by a second
surveyor. As a matter of fact, I believe that the mortgage
company also got a surveyor and I believe their findings were
the same.
Mr. Orlowski: So everything that was approved, is on your
property.
Mr. Steifer: As far as the map, yes.
Mr. McDonald: I am a little concerned, confused rather. I am
looking at this, and even this shows the road moving on and off
of your property. It doesn't even show it entirely within the
property.
Mr. Steifer: Well, this is the road that we had to improve it
so we improved it.
Mr. McDonald: I see it showing a twenty-five foot right of way,
but it shows the travel road moving in and out of it.
Mr. Steifer: Well, this was the road we were told to improve
and we improved it, and we wouldn't want to say that the Town
Board made us improve somebody else's road. We've improved the
one that was there.
Mr. Orlowski: Are you sure the Town Board asked you to
improve this?
Mr. Steifer: The Planning Board, I am sorry.
Mr. McDonald: But, you see it showed a twenty-five foot
right-of-way and no~mally, that is an indication that that is
where you put the road.
Mr. Steifer: No, there was an additional twenty-five foot
right- of- way given in case that road was ever to expand, which
the Planning Board also asked for.
Mr. McDonald: It's very confusing, because the road is outside
the property in several spots.
Mr. Orlowski: You see, the thing was, we made you put the
right-of-way on that side just in case something did happen, and
it appears something did happen, as far as access, you have to
prove access on that right-of-way. That is out of the
subdivision and I don't know if that is still in court, or what
happened, but for some reason, the person in the back did not
build on that property.
Mr. Steifer: Well, from what I understand now, C.O.'s are
available.
PLANNING BOARD 27 MARCH 11, 1991
Mr. McDonald: Were you in court on this?
Mr. Steifer: They didn't go to court yet on that.
Mr. McDonald: You have to bring us up to date, who is they?
Mr. Steifer: On the far corner, I don't even know the name,
on the westbound side.
Mr. Orlowski: Sayer?
Mr. Steifer: Not Sayer, in front of Sayer.
Mr. Orlowski: Mets?
Mr. Steifer: No Metts, no longer, Donte, Donte had
claimed that what he wanted to do was to move some LILCO poles
and that is where the whole story started. He wanted to push
them on the otherside of the road so he would have more
property on his side, and apparently it was stopped there
because of the Planning maps, and now it is in court.
Mr. McDonald: Presently, this matter is in court?
Mr. Steifer: Right now, it is now in court.
Mr. McDonald: Are you one of the people involved in the court
action?
Mr. Steifer: Yes, I am.
Mr. McDonald: What is the purpose of that court action? To
determine what?
Mr. Steifer: Well, they had claimed that my piece of property
was overlapping theirs.
Mr. McDonald: How long has this been in litigation?
Mr. Steifer: Approximately about a year.
Mr. McDonald: The lines that we're looking at on this survey
are under litigation.
Mr. Steifer: Yes, this survey and there is another one
following it.
Mr. McDonald: That kind of causes a problem there itself
because we are going to do a subdivision based on lines,
property lines, ~nich are under litigation? You know, you can
sit there and show the map to us, and in all honesty, and I am
sure you are being honest about it. (Stopped talking) i
Mr. Steifer: It's got an approval on it.
PLANNING BOARD 28 MARCH 11, 1991
Mr. McDonald: I know, but somebody else somewhere, obviously
has a map that shows something different, that is why you are in
litigation, there should be another map. Why are you in court?
Mr. Steifer: Well, that is what they are waiting to resolve
now.
Mr. McDonald: But that is my point, until that is resolved, how
do we even know where the lines are.
Mr. Arnoff: Excuse me Mark, who is your attorney handling this.
Mr. Steifer: Mr. Price.
Mr. Arnoff: Bill Price?
Mr. Steifer: Yes.
Mr. Arnoff: Maybe if you ask Bill Price to contact me, I'm the
Town Attorney. Have Bill call me, maybe I can make some kind of
objective, legal analysis, so the Board can determine whether it
wishes to act, or not, based upon the present dispute. I offer
that as a suggestion to end this because I don't think this
discussion is going anywhere. I think we are going around in a
circle. I seem to get that feeling.
Mr. Orlowski: Alright. Is that O.K..
Mr. Steifer: Yes, great.
Mr. Arnoff: Have Mr. Price get in touch with me.
Mr. Orlowski: O.K., that is what we will do then.
Mr. Steifer: Alright, thank you.
Mr. Orlowski: Any other questions? Being no further
questions or comments, I'll entertain a motion to adjourn.
Mr. Ward: So moved.
Mr. Orlowski: Motion made and seconded. Any questions on
the motion? All those in favor?
Ayes: Mr. Ward, Mr. McDonaldr Mr. Edwards,
Mr. Latham, Mr. Orlowski.
Mr. Orlowski: Opposed? So ordered.
Being there was no further business to be brought before the
Board, the meeting was adjourned at 8:45 p.m..
PLANNING BOARD 29 MARCH 11, 1991
Bennett Oz~lo~ki Jr., ehrman
Respeetful~~,
Ja e~Rousseau