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HomeMy WebLinkAboutPB-04/01/1991PLANNING 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 SOUTHOLD PLANNING BOARD SCOTT L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 MINUTES RECEIVED APRIL 1, 1991 Present were: Bennett Orlowski Jr., Chairman G. Richie Latham, Member Richard Ward, Member Kenneth Edwards, Member Valerie Scopaz, Member Melissa Spiro, Planner Holly Perrone, Secretary Jane Rousseau, Secretary Absent: Mark McDonald Southoid Town C, Iork Mr. Orlowski: Good evening, I would like to call this meeting to order. The first order of business is the public hearing at 7:30 p.m. on Puritan Farms - This major subdivision is for eight lots on 17.551 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. We have proof of publication in both the local papers. At this time everything is in order for a preliminary hearing. I'll ask if there are any objections to this subdivision? Hearing non~, are there any endorsements of this subdivision? Pamela Hunt: Puritan Farm is my farm. Is this going to be a large lot concept rather than a homeowners association? I was wondering about the lot itself, if you'll notice there is a building envelope for my ten acre lot and my barn is not quite inside the building envelope. Suppose my barn burned down and it is outside of the building envelope? Also, the building envelope is so small that I have no room to put, like if I needed another barn or any accessory use, could I still be able to use that property for any sort of accessory barn use? Mr. Orlowski: Right now, it is drawn as one lot. PLANNING BOARD 2 APRIL 1, 1991 Ms. Hunt: I don't want to divide it or anything, I just might need another barn put up and I was just wondering about this. Mr. Orlowski: It depends on what happens at the final hearing and how we are going to handle the open space and what covenants we put on it. Ms. Hunt: So that will be covered at the next meeting? Mr. Orlowski: Yes. Ms. Hunt: I think that was the only thing I wanted to ask about. Mr. Orlowski: O.K.. Any other endorsements of this subdivision? Hearing none, is there anyone out there neither pro nor con but may have information pertaining to this subdivision that may be of interest to the Board? Hearing none, any questions from the Board? Board: No questions. Mr. Orlowski: Being there are no further questions, I will declare this hearing closed. At this time everything is in order for approval. What is the Board's pleasure? Mr. Ward: Mr. Chairman, I would like to offer the following resolution. RESOLVED that the Southold Town Planning Board, grant preliminary approval on the maps dated March 8, 1991, subject to the following modifications: Final drainage maps are to be submitted in accordance with the February 6, 1991, report from the office of Sidney B. Bowne& Son. e The terms of the conservation easement are to be as follows: The conservation easement shall remain in its natural state. Maintenance of this natural vegetation shall be the only use allowed. The terms of the conservation easement are to be specified in a Declaration of Covenants and Restrictions. The terms of the open space area on Lot $1 will be determined at the time the final maps are submitted. 4. The location of the fire will is to be indicated on the final maps. 5. Lot $1 is to have access on the proposed road, it is not to have direct access on Ackerly Pond PLANNING BOARD 3 APRIL 1, 1991 Lane. This is to be noted on the map and contained in the Declaration of Covenants and Restrictions. Edwards: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Edwards, Mr. Ward, Mr. Latham. Mr. Orlowski: Opposed? So ordered. Hearing Held Over From Previous Meetings: 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. The final public hearing, which was held open on April 30, 1990 will again be kept open to examine alternative options of ownership of the open space. So I'll entertain a motion to keep this hearing open. Mr. Latham: So moved. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Orlowski, Mr. Latham, Mr. Ward. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Eleanor Sievernich - This minor subdivision is for two lots on 3.7648 acres located on the east side of Cox Neck Lane in Mattituck. SCTM ~ 1000-113-8-5. I'll entertain a motion to Keep this hearing open because it is before the Zoning Board now. 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. Orlowski Mr. Orlowski: Opposed? So ordered. MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES AND SET OFP APPLICATIONS PLANNING BOARD 4 APRIL 1, 1991 Final Determinations: Mr. Orlowski: 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. Mr. Edwards: Mr. Chairman, I would like to offer the following motion. RESOLVED that the Southold Town Planning Board authorize the Chairman to endorse the final surveys last dated December 28, 1990. This subdivision received conditional final approval on March 11, 1991. All conditions of final approval have been fulfilled. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Latham, Mr. Orlowski, Mr. Edwards. Mr. Ortowski: Opposed? So ordered. (Chairman signed maps) Final Determinations - Re-endorsement: Mr. Orlowski: August Acres - This major subdivision is for thirty-six lots on 43.062 acres located at Arschamomaque. SCTM ~1000-53-4-44.1 & 44.2. Mr. Latham: Mr. Chairman, I would like to offer the following resolution. RESOLVED that the Southold Town Planning Board authorize the Chairman to re-endorse the final surveys Sheet i dated January 8, 1990, and Sheet 2 dated October 13, 1989. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Latham, Mr. Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Final Extensions: ~LANNING BOARD 5 APRIL 1 , 1991 Mr. Orlowski: Charles p. Simmons - This proposal is to set off a 4.41 acre parcel from an existing 40.74 acre parcel located on the north side of Sound Avenue; 1700 feet west of Bergen Avenue in Mattituck. SCTM % 1000-112-1-P/O 8. Mr. Edwards: Mr. Chairman, I would like to offer the following motion. RESOLVED that the Southold Town Planning Board grant a ninety (90) day extension of conditional final approval. Conditional final approval was granted on December 3, 1990. ninety (90) day extension will expire on September 3, 1991 unless all conditions of approval have been fulfilled. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Orlowski, Mr. Latham, Mr. Edwards. Mr. Orlowski: Opposed? So ordered. Setting of Final Hearings: Mr. Orlowski: Salvatore & Jeanne Catapano - This minor subdivision is for four lots on 13.73 acres located on the easterly side of South Harbor Road at Southold. SCTM % 1000-69-6-9.2. Mr. Ward: Mr. Chairman, I would like to offer the following resolution. RESOLVED that the Southold Town Planning Board. set Monday, April 22, 1991 at 7:30 p.m. for a final public hearing on the maps dated June 22, 1990. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Ward, Mr. Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Highpoint at East Marion This minor subdivision is for three lots on 2.91B9 acres located in East Marion. SCTM ~ 1000-31-3-11.25. PLANNING BOARD 6 APRIL 1, 1991 Mr. Edwards: Mr. Chairman, I would like to offer the following motion. RESOLVED that the Southotd Town Planning Board set Monday, April 22, 1991 at 7:35 p.m. for a final p~blic hearing on the maps dated November 27, 1989. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Latham, Mr. Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Kay Dee Estates - This minor subdivision is for three lots on 5.959 acres located at Leslie Road in Cutchogue. SCTM ~ 1000-97-4-17. Mr. Latham: Mr. Chairman, I would like to offer the following motion. RESOLVED that the Southold Town Planning Board set Monday, April 22, 1991 at 7:40 p.m. for a final public hearing on the maps dated April 4, 1990. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Latham, Mr. Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Sketch Deteminations: Mr. Orlowski: Conrad Bagenski, Jr.- This minor subdivision is for three lots on 6.212 acres located on the north side Of Main Road; 1331.92 feet east of Elijah's Lane in Cutchogue. SCTM ~ 1000-108-3-9. Mr. Ward: Mr. Chairman, I would like to offer the following resolution. PLANNING BOARD 7 APRIL 1, 1991 RESOLVED that the Southold Town Planning Board grant sketch approval on the map dated March 12, 1991, with the following conditions: A Declaration of Covenants and Restrictions is to be submitted stating that there shall be be no further subdivision of any of the lots in perpetuity, 2. Approval from the Zoning Board of Appeals pursuant to Section 280a of the New York State Town Law. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Edwards, Mr. Orlowski, Mr. Latham, Mr. Ward. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Joseph Wanat - This minor subdivision is for four lots on ten acres located on the north side of Bergen Avenue in Mattituck. SCTM $ 1000-112-1-16.1. Mr. Latham: Mr. Chairm~n, I would like to off~r~,the following motion. RESOLVED that the Southold Town Planning Board grant sketch approval on the map dated March 7, 1991 with the following conditions: The name of the subdivision is to be changed to be significantly different from that of the previous set-off. 2. The map is to be revised to show the four (4) lot subdivision only. 3. Building envelopes are to be shown for all lots. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Latham, Mr. Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Raynor: Mr. Chairman, I would like to speak to the Board concerning this application. You're asking for a significant PLANNING BOARD 8 APRIL 1, 1991 name change. This is a family affair and should be put in the family of or are you looking for a specific name of this subdivision? Mr. Orlowski: We need a name for filing purposes. Mr. Raynor: O.K., we'll create something. The only other thing that I would like to bring to the Board's attention is that on the final submission we will probably ask for a modification of lot line between lots two and three, both of which will contain over 80,000 square feet but will enable lot three to have a better building envelope. We will forward that to the Board as soon as possible. It is a minor modification, everything else is status. Thank you. Sketch Extensions: Mr. Orlowski: Dennis Corby - This major subdivision is for eight lots on 29.11 acres located on the northeast corner of Middle Road and Depot Lane in Cutchogue. SCTM 9 1000-96-1-1. Mr. Edwards: Mr. Chairman, I would like to offer the following motion. RESOLVED that the Southold Town Planning~-.BQard grant a retroactive six month extension of sketch approval from December 25, 1990 to June 25, 1991. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Edwards, Mr. Orlowski, Mr. Latham. Mr. Orlowski: Opposed? So ordered. Review of Reports: Road Inspector's Mr. Orlowski: Kay Dee Estates - SCTM ~ 1000-97-4-17. Mr. Ward: Mr. Chairman, I would like to offer the following resolution. RESOLVED to adopt the Road Inspector's report dated March 20, 1991. Maps revised in accordance with the report must be submitted prior to the final hearing. Mr. Latham: Second. PLANNING BOARD 9 APRIL 1, 1991 Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Edwards, Mr. Ward, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Also, in Kay Dee Estates Bond Determination. RESOLVED to adopt the bond estimate dated March 20, 1991, and to recommend same to the Town Board. The bond estimate is in the amount of $56,285.00, with an inspection fee in the amount of $3,377.00. 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. Orlowski. Mr. Orlowski: Opposed? So ordered. MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES, SET OFF APPLICATIONS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Lead Agency Coordination: Mr. Orlowski: ConradBaqenski, Jr. SCTM ~ 1000-108-3-9. Mr. Ward: Mr. Chairman, I would like to offer the following resolution. RESOLVED that the Southold Town Planning Board start the Lead Agency coordination process on this unlisted action. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Orlowski, Mr. Latham, Mr. Edwards. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Joseph Wanat - SCTM ~ 1000-112-1-16.1. Mr. Latham: Mr. Chairman, I would like to offer the following resolution. PLANNING BOARD 10 APRIL 1, 1991 RESOLVED that the Southold Town Planning Board, start the lead agency coordination process on this unlisted action. Mr. Edwards: Second. Mr. Orlowski: Motion made and. seconded. Any questions on the motion? All those in favor? Ayes: Fir. Edwards, Mr. Latham, Mr. Ward, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Determinations: Mr. Orlowski: West Mill Road (formerly Paul Friedberq) - This major subdivision is for ten lots on 22.106 acre located on the west side of West Mill Road in Mattituck. SCTM $ 1000-106-9-4. Mr. Ward: Fir. 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. Edwards: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Latham, Mr. Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Determinations: Uncoordinated Review Mr. Orlowski: John Zuhoski and Murray & Constance Klapper - This lot line change is to subtract 7,125 square feet from a 41.27 acre parcel and to add it to a 1.2 acre parcel at Cutchogue. SCTM $ 1000-83-2-.3 & 6.6. Mr. Latham: I would like to offer the following motion. 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 establishes itself as Lead Agency, and as Lead Agency makes a determination of non-significance and grants a Negative Declaration. PLANNING BOARD 11 APRIL 1, 1991 Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Latham, Mr. Edwards, Abstained: Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: John Zuhoski and Murray Klapper - This lot line change is to subtract 6,373 square feet from a 41.27 acre parcel and to add it to a 2.2 acre parcel at Cutchogue. SCTM % 1000-83-2-.13 & 6.5. Mr. Edwards: 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, 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. Orlowski: MOtion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Edwards, Mr. Ward. Abstained: Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Draft Environmental Impact Status: Mr. Orlowski: Macari at Laurel - Board to take extension to determine if the DEIS is complete. Mr. Ward: Mr. Chairman, I would like to offer the following resolution. RESOLVED that the Southold Town Planning Board take a one (1) day extension to determine if the Draft Environmental Impact Statement is complete. This extension will run until April 22, 1991. PLANNING BOARD 12 APRIL 1, 1991 Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Edwards, Mr. Latham, Mr. Orlowski. Mr. OrllOWSki: Opposed? So ordered. SITE PLANS: Final Determinations: Mr. Orlowski: Cutchogue Hardware - This site plan is for a 3,200 square foot hardware store located on Main Road in Cutchogue. SCTM $ 1000-102-6-22. Mr. Ward: Mr. Chairman, I would like to offer the following resolution. WHEREAS, Robert Molchan is the owner of the property known and designated as Cutchogue Hardware SCTM $ 1000-102-6-22, located at 28970 Main Road, Cutchogue; and WHEREAS, a formal application for the appr.oval of this site plan was submitted on January 12, 1990; 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 April 9, 1990; and WHEREAS, this site plan was certified by Victor Lessard, Principal Building Inspector on March 28, 1990; and WHEREAS, all the requirements of the Site Plan 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 s~rvey dated January 12, 1990, subject to a one year review from date of building permit. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Ward, Mr. Orlowski, Mr. Edwards, PLANNING BOARD 13 APRIL 1, 1991 Mr. Orlowski: Opposed? So ordered. Site Plans - State Environmental Quality Review Act Lead Agency Coordination: Mr. Orlowski: Michael & Joy Domino - This site plan is for an antique store on 2533.8 square feet located on Main Road in Greenport. SCTM%1000-45-3.2. Mr. Latham: Mr. Chairman, I would like to offer the following resolution. RESOLVED that the Southold Town Planning Board start the coordination process on this unlisted action. The Board makes an initial determination of non-significance. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Edwards, Mr. Ward, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. LOCAL LAW PROPOSALS Mr. Orlowski: Local Law - Amendment to Chapter A106 (Subdivision of land) in reference to application fees. Mr. Edwards: Mr. Chairman, I would like to offer the following resolution. RESOLVED that the Southold Town Planning Board set Monday, April 22, 1991 at 7:45 p.m. for a public hearing to amend Chapter Al06 (Subdivision of Land) of the Code of the Town of Southold. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Orlowski, Mr. Ward, Mr. Edwards. Mr. Orlowski: Opposed? So ordered. PLANNING BOARD 14 APRIL 1~ 1991 SETTING OF NEXT PLANNING BOARD MEETING Mr. Orlowski: Board to set Monday, April 22, 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. Edwards: So moved. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Edwards, Mr. Orlowski, Mr. Ward. Mr. Ortowski: Opposed? So moved. APPROVAL OF PLANNING BOARD MINUTES: Mr. Orlowski: Board to approve the February 25, 1991 minutes and the section of the March 11, 1991 meeting pertaining to Angel Shores. Mr. Ward: So moved. Mr. Laths]n: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Ward, Mr. Orlowski, Mr. Edwards. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Being there is nothing left on my agenda, is there anyone who would like to address the Board? Mr. Rudolph Bruer: On behalf of North Road Associates. We have an application before the Board. I basically, would like some guidanCe as to where the' Board is and where we should be with respect to this application. I don't knowif the Board wants to discuss it now or set a time when we can discuss it? Roughly speaking this is a minor subdivision application that was, I think, originally submitted in 1985. It got preliminary approval in 1986, the final hearing, I think, was heard in January of 1989. For various reasons it was kept open, major revisions were suggested by the Board I think last March to turn this into a combination minor subdivision and set off. With respect to that I believe everything is in with respect to the set off and I would ask that the set off be signed by the PLANNING BOARD 15 APRIL 1, 1991 Chairman for a number of reasons. One, I think everything necessary for this set off is before the Board. I heard some questions dealing with it with respect to the road cut that is required by the Zoning Board of Appeals application which was granted two or three years ago to allow this application to initially begin here. I think if the Board will recall one of the big hang-ups with respect to this subdivision had to do with the road specs for a period of time. It came at a time when the road specs were undergoing some major upheavals and since then and since the recommendations for the bond other road specs and whatever and proposals have been forthcoming with respect to the minor subdivision aspect of it. We are waiting for additional information from Mr. Van Tuyl to resubmit for reapplication for the bond so in that respect that part of the subdivision is not ready. I just would like to be able to talk to my clients about what the Board wants. Mr. Ward: If you have a few minutes, would you come.up? One of the things we were looking at was the fact that originally, we wanted to go with the one large lot. Mr. Bruer: That was the original idea. Mr. Ward: We are now in a position to do that. Mr. Bruer: So the Board is changing its mind since last March? It was the Board's suggestion to go for this. Mr. Ward: We didn't see where we could do it and since that particular time we have had some (inaudible) around here in town to a point where all we are doing is offering it back to you and your client so if you prefer to come back with a four lot, without the open space and without the homeowners association. Mr. Bruer: I definitely would like to come back without the homeowners. Mr. Orlowski: That would do it. Mr. Bruer: And the open space too? Mr. Ward: What you can do is make this your one lot conformance with an envelope on it for a building permit. (Everyone talking at once.) Mr. Ward: The only reason I am bringing it up at this moment is that realizing that was your original intent, it seems like it would be a way to solve it. Mr. Bruer: What would the Board be willing to do? Mr. Ward: What you would be doing is you would have one, two, three, four. PLANNING BOARD 16 APRIL 1, 1991 Mr. Bruer: No homeowners, and these lots would remain the same in terms to size? Mr. Ward: It would just be one large lot. We would want to see the building envelopes on each of these. Mr. Ortowski: We might have a problem, that is why we wanted to talk to you about it. We have that large piece there with the C & R's on it and we don't want to end up creating two separate parcels here with the open space parcel. We will have to combine it and it would be one lot. Mr. Bruer: One lot and then we would have the three smaller ones as they exist here on the map. The big advantage of the setoff would be the sale ability of this lot to pay for that road. Mr. Orlowski: You would covenant the whole parcel with no further subdivision ? Mr. Bruer: I understand. We're not going to get anymore yield out of it anyway. Mr. Ward: They said that in the beginning. Mr. Orlowski: The other large parcel, you may come in and try to do that later. Mr. Bruer: You're talking about this being one. Mr.Orlowski: Yes, one piece with a C & R. Mr. Bruer: Right. Mr. Ward: Well, it will be for one lot. Mr. Orlowski: We don't want you to think it is two separate open space parcels. Mr. Bruer: I understand. One could be one building lot with an envelope. As it stands now with this being incorporated into that which was going to be the setoff. Mr. Orlowski: Right. Mr. Ward: What is the intent of the road? Mr. Bruer: The intent was, and one of the things that held us up to is the fact that Mr. Oswald was our major participant in this but unfortunately the young man in his late 30's died and we are involved in an estate and that held it up. That has left the group fairly dry with respect to money. We were going to propose with respect to one of the proposals, what I had in mind with respect to the road would be for the map to be signed PLANNING BOARD 17 APRIL 1, 1991 without the bond with the expressed covenant in writing and on the map that nothing could be sold or cut up by the present owners until the improvements were done. As a thought to the Board, as an alternative to that situation, and I would submit a letter to that effect until that road could be built. One of the things we were hoping for, until I walked in here, is the sale of the setoff lot which would then have generated some money to be able to do the road. Again, this is a whole new thing and I have to go back and talk to my client. Mr. Orlowski: It's an idea. Mr. Ward: We obviously would proceed with it the way it is. It's just that I remember when we first started that is what you really wanted to do. We just felt that well, before we proceed without letting you know that is another option. Mr. Bruer: Can I contact your office after I get in touch with Mr. Sanders and Mrs. Oswald? I would like the Board again think about that with respect to the bonding of the road as an option. What I mean by that is that nothing could be done, in other words as far as the world is concerned it is one big piece until such a time that the conditions are met. Mr. Orlowski: The Town Attorney would have to review it. Mr. Bruer: Sure, O.K., that would insure possibly even better than some bonds insuring it. Mr. Orlowski: Are you going before the ZBA? Mr. Bruer: Well, it was suggested we wait until we get this Board's approval. Yes, we would like to go back there, those road specs are too heavy. We will ask them to conform to this that would be the application. ' Mr. Orlowski: O.K., you understand before we never had that option or were told that we could do that. Diane Foster: This is the set-off map with those C & R's. Mr. Bruer: I think the original intent to get money for this was to have it out of agriculture, not even for homes. ( A lot of mumbling.) Mr. Bruer: In other words, you will receive what we have and you are asking us to reconsider the other. Mr. Orlowski: Yes. Mr. Bruer: O.K., I'll get back to you, thank you very much. PLANNING BOARD 18 APRIL 1, 1991 Mr. Orlowski: Any other questions or comments for the Board? Mr. Anthony Salvatore: Eleanor Sievernich, I understand the Board has held it open. I would like to submit this letter to the Board in regard to the problems that have been raised. The subdivision was submitted January 11, 1989 and am I correct in that the ordinance 100-239 was adopted after that on February 22, 19897 That's land under water for computation of lot size. Mr. Orlowski: I'll have to look that up. Mr. Salvatore: The letter that was dated March 6, 1991 from this Board indicated that excluding the wetlands from the lot sizes rendered them undersized and that we should go to the Zoning Board of Appeals. I would like to point out that the case of Miller and Guildithat was decided by Judge Underwood said that the Planning Board could not exclude wetlands from the computation of lot sizes.. I believe that this application was submitted prior to the adoption of that ordinance in any event. Mr. Orlowski: The Miller andGuildi case is still in litigation so I can't base anything on that. Mr. Salvatore: Well, until a higher court overrules it that is the law of the case. Mr. Orlowski: That is true a higher court may overrule that. Mr. Salvatore: Well, I'm not saying it won't but I think this Board is constrained to act under the existing law. Ms. Scopaz: I just want to point out that when the Town Board enacted the law, any active application before the Planning Board would have to be considered under the new law. There was no grandfather provision for applications that were made just prior to the enactment of it. That they would continue to be processed under the old law. There was no provision made for that. The Planning Board was specifically directed to review everything in accordance with the new law. Mr. Salvatore: Well, I'm not here to argue law but what I did want to say was number one that I thought the application was submitted prior to the enactment of that subdivision. And number two, that subdivision mentions nothing about wetlands. That subdivision specifically refers to land under water and filled land, it doesn't say anything about excluding wetlands from the computation of lot size. It says under water land and filled land. The land that we're dealing with is all above the mean high water mark so none of it could be under water. Mr. Orlowski: Do you have an application with the Zoning Board right now? PLANNING BOARD 19 APRIL 1, 1991 Mr. Salvatore: No we don't. I was concerned that going to the Zoning Board. The Zoning Board might say, well, in view of that case that was decided, wetlands cannot be excluded and you don't have to come here. Because we do comply except with the exclusion of the wetlands. Mr. Orlowski: Like I said, that case is still in litigation. Mr. Salvatore: I really think that what we are asking is not so unreasonable that it would do violence to even the ordinance because this is upland land. It is not land under water. The report by Bruce Anderson specifically said that we should put haybales in that area. You can't put hayhales whole on that is under water, that would be useless. Mr. Ward: I think our problem is sir, is the fact that we've identified quote some wetlands on this particular parcel. You may be right that it maybe a minor condition but it does bring our, under the stric= guidelines that we go under as a Planning Board, it does bring you under size of the lot area and therefore our recommendation was for you to proceed with the Zoning Board of Appeals. They may in fact feel as you do that it is a minor problem and grant the relief from it. Mr. Salvatore: I'm not worried about them granting it, what I'm concerned about is that they may say that the ordinance does not apply to wetlands and therefore you don't have to come before us and we don't have to make a decision, and then. I'll be back here again. Mr. Orlowski: Well, the Planning Board says that it does apply to wetlands and it has been our policy for a long time. It was only clarified a little better in the adoption of the Master Plan and that was in there. Does the Board have a change of heart? I mean, it's wetlands. It shows on the map as wetlands and the lots appear undersized and like Mr. Ward said, proceed with the Zoning Board of Appeals and if you have a hardship, I don't see any problem granting it. The Zoning Board knows how we feel. Mr. Salvatore: I just don't want to spend a lot of money and then come back here if the Zoning Board of Appeals says if you have enough acreage and that they should have excluded the wetlands. Mr. Orlowski: Well, I would proceed that direction first. Mr. Salvatore: Alright, could I ask the Board to give your recommendation or decision in writing? Mr. Ortowski: Well, we're keeping the hearing open so you can proceed. Mr. Salvatore: You are keeping it open? PLANNING BOARD 20 APRIL 1, 1991 Mr. Orlowski: We sent you a letter on that on March 6th. Mr. Salvatore: Is that the date that you made the decision? Mr. Orlowski: Yes. Mr. Salvatore: O.K., thank you. Mr. Orlowski: O.K., any other questions or comments for the Board? Mr. John Wagner: I'd like to reco~,~lend you adopt the Harry Hohn subdivision on Nassau Point. This Board has considered the recommendations and requirements of the Suffolk County Planning Co~lu~ission and I have an additional request of the Board tonight with respect to condition number two of those conditions. That condition provides that grading within each lot shall be limited to that necessary for siting and constructing a house with the intent of preserving as much of the natural vegetation on the site as possible and to minimize storm water runoff and erosion. We have a concern about the restriction the condition has to a house. In other words, we are concerned that the liberal interpretation of this condition might be that we don't have any right to clear for replacement of accessory structures or facilities such as a driveway or a pool or a deck or anything that might be accessory to the house. I think that it is a reasonable request that we be allowed to add any permitted uses. I would just like to suggest a modification to that condition that we just insert after the word house the following words" and its accessor~ uses, structures and facilities". I think it would cover all the concerns that we have. I don't think it was ever the Planning Board's intent to say that only houses can be built on the property but if you get an unreasonable person who wants to interpret the covenants that we placed on the property pursuant to a subdivision approval, it might become a problem in the future so we would like to avoid it now if we can. Mr. Orlowski: I don't think that is a problem. Do you want to put that in writing? Mr. Wagner: I have it here for you tonight, I have marked up a copy if you would like to review it? Mr. Ward: We will just amend it. Mr. Chairman, I would like to offer the following resolution as an amendment to the resolution of approval for the Harry and Janet Hohn subdivision regarding Item two, clearing and grading within each lot shall be limited to that necessary for siting and construction of a house and its accessory uses, structures and facilities with the intent of preserving as much of the natural vegetation of the site as possible and to minimize storm water runoff and erosion. The PLANNING BOARD 21 APRIL 1, 1991 inclusion of and its accessory uses, structures and facilities as the amendment. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Ward, Mr. Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Any other comments or questions for the Board? Mr. Paul D'Nizio: President of Flint Street Corp., resident of Southold Town and Greenport~ I was sent an envelope certified mail from the Plannin~ Board. I assume it is an application for a site plan on a piece of property which has a Certificate of Occupancy for a business office and retail sales. Number one, I would like to know what the purpose of this is when I already have a C.O. and I am using the building as stated in the Certificate of Occupancy. Mr. Orlowski: Well, we noticed there was a change of use. When that was granted the Building Inspector told us that was for a plumbing shop. Mr. D'Nizio: What is the difference between, I am selling retail items out of there. Mr. Orlowski: We feel the use is more intense than a plumber's shop. Mr. D'Nizio: Have you ever been to any local plumber's shops during the day in Town? Mr. Orlowski: Should we have gotten a site plan for that too? Mr. D'Ninzio: I would assume, I mean, if I have to. That was another question I have. If I have to, how come Mr. Celic didn't? Also, how come every store in Southold Town that Changes its use, why don't they need a site Plan? Such as, Feather Hills or Mattituck Shopping Plaza or any of your stores, vacant stores downtown, that would be vacated and a new tenant or owner move in? Mr. Orlowski: Well, in most instances, if there is a signifiCant change of use to a greater intensity, and we feel this one was, we will require a site plan. Otherwise, the site plan would be waived if it was going to be a less intense use. Shopping centers that have approved site plans have the square footage usually laid out and mapped out with the parking and PLANNING BOARD 22 APRIL 1, 1991 everything else so the Building Department monitors that. If there is some kind of a change of use that upsets the balance of parking and sales area, or anything like that the Building Department should be notified of that. Mr. D'Nizio: Who determines that it is a more intensive use? Mr. Orlowski: The Planning Board. The Building Department will sometimes note it but if the Planning Board notes it also , we'll make that determination. Mr. D'Nizio: What I don't understand, having a Certificate of Occupancy for retail sales, I'm sorry, but I just can't comprehend. What is the difference between a faucet or a baby carriage or a widget or a bagel, I mean, what is the difference? I can't understand that. If people are going up to a register and paying money for an item whether it be a faucet or a doll? Mr. Orlowski: We think, at least I did, interpret that a plumbing shop would have a counter with a sales area very small especially in that building. Here we are looking at a sales area much larger, with the clothing store so it would set off more parking and we would just like to see it. Mr. D'Nizio: Well, if I was to open up a plumbing store there, it would be kind of foolish not to use the same amount of space to sell things to the p~hlic. I don't know why I would just say it's going to be a counter and have some parts behind the counter. I would use the whole store to its fullest ability. Mr. Orlowski: Then I misinterpeted it and should have asked for a site plan then. Mr. D'Nizio: I mean, I already have the C.O. in hand, this is what I don't understand? Mr. Orlowski: But, I asked the Building Inspector, the office, and you came in and requested it for a plumbing supply shop. Mr. D'Nizio: I didn't, Mr. Celic did and I was very specific with Mr. Celia. The man that I bought the property from. I not only wanted a use of a plumbing and heating store but I would like to have the use of retail sales. I mean, I don't want to limit my avenue's, to one road. I also requested from my lawyer that he get a Certificate of Occupancy for retail sales. Had I known, I would have had to go through this process, I probably would not have bought the property. Mr. Orlowski: Any change of use requires a site plan. We'll waive it if we think it is less intense. In this case, we don't think it is less intense and you have that permitted use but you have to do it with a site plan. PLANNING BOARD 23 APRIL 1, 1991 Mr. D'Nizio: In other words, I have to spend my money and my time filling out these and I also read in here that there is a big sheet of paper in there that I possibly might spend my money and waste my time, which is valuable to me since I work for myself, filling out these forms and it might be null and void because of lawsuits against the town. Mr. Orlowski: What suits are they? Mr. D'Nizio: I don't know what suits they are, but here's a notice right here from the Town of Southold. Mr. Ward: How much square footage is in the building for retail? Mr. D'Nizio: I would say it is probably about 400 square foot. Mr. Ward: Do you know what the requirement is for parking? Mr. D'Nizio: One space per every 200 square foot? Ms. Scopaz: One for every 100 square feet of retail floor area. Not storage. Mr. Ward: YoU would have to show four cars. Mr. D'Nizio: Which, the property is fifty foot wide across the front and I am guessing at this, thirty to thirty five foot set back off the road, which I would say woul. d~e ample parking. Mr. Ward: What we are after is for you to show this and to show that there is parking. In other words, that is what we are asking. It is primarily a parking requirement that we are looking at. Mr. D'Nizio: Well, can I show you that without having to pay a fee? Mr. Ward: You mean because of the review of the site plan? Mr. D'Nizio: Yes. We all work hard for our money and we don't like to see it wasted just for somebody to look at a piece of paper with four lines drawn on it. Mr. Ward: Well, there is more to a site plan than four lines shown for parking. We are looking for something pre-existing here for the most part but we are concerned primarily about parking. If you would like we can start to look at that but I can't promise that that will be the end of it. Mr. D'Nizio: Well, what else is involved in the site plan. Mr. Ward: Well, I don't know if you got everything. PLANNING BOARD 24 APRIL 1, 1991 Mr. D'Nizio: Well, I mean in other words if it is denied, I've wasted my money on the property then? Am I correct in assuming that? Wasted money buying it? My lawyer specifically got me a Certificate of Occupancy for retail sales and that is the thing I have a hard time understanding, maybe I'm thick, I don't know. Mr. Orlowski: I think your lawyer should realize that a C.O. and a site plan are two different items and if you are changing the building or changed the use to a more intense use, you know, you are saying why doesn't someone else have to do it, well, you know how many people might have come in and said, where is your site plan? And you change the use in the building. I mean, everybody does it to everybody and we try to keep it fair. Mr. D'Nizio: Well, Mr. Celic did it with a waiver, can I do it with a waiver? Mr. Orlowski: At the time he put in a plumber shop he requested it. Mr. D'Nizio: Right, but he changed it from a real estate to a plumbing and heating shop with retail sales. I wish my wife had the customers that Clinton H~lm~el has, I would have my lawyer standing up here taking care of this. I wouldn't be here myself. Mr. ©rlowski: I think he is in Greenport Village. Mr. D'Nizio: Regardless, C. P. Tuthill in Cutchogue. Mr. Orlowski: Well, in this case we recently had a change of use and the Code specifically states that we have to require a site plan and this change of use we feel is more intense. Mr. D'Nizio: Alright, then my last question is, I am formerly requesting the Board approve what I have here now. Is this denied? In other words, what I am using the building for now, I would like the Board to approve it tonight. Mr. Orlowski: Approve it tonight without a site plan? Mr. Ward: I don't think we have any objections to the use of it, it's just a question of showing the proper site facilities to support it, that is all we are asking for. Mr. D'Nizio: O.K., can I do that without paying a fee? ~ir. Ward: A site plan fee? Mr. D'Nizio: Right. Mr. Ward: What is our site plan fee? Generally no, ~ou will have to file an application and you are going to have to pay a fee. Town Board would have to waiver that. PLANNING BOARD 25 APRIL 1, 1991 Mr. D'Nizio: Oh, Town Board would have to waiver that? Mr. Ward: Yes. Mr. D'Nizio: O.K., thank you. Mr. Orlowski: Any other questions or comments here tonight? Nancy Sawastynowicz: Remember the Flanklyn Blachly project next to my families farm? Well, they called him the next day about renting the farm, and the owner of the property informed Mike that he has no intensions with following throught with what the lawyer said that night about how he is going to come out and retire and all that and his whole plan was changing. He is not going to rent the land so I would like the Board to be aware that this guy isn't going to follow through with what his lawyer was saying that night. I don't know if he is letting you know or not, but we did call the next day. That is all I want to say. Thank you. Mr. Orlowski: O.K., I guess there are no other corm~ents or questions out there? Any questions from the Board? Board: No questions. Mr. Orlowski: Being there are no further ques,tions, I'll entertain a motion. Mr. Latham: So moved. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. All those in favor? Ayes: Mr. Edwards, Mr. Latham, Mr. Orlowski, Mr. Ward. Mr. Orlowski: Opposed? So ordered. PLANNING BOARD 26 APRIL 1, 1991 Being there was no further business to come before the Board, the meeting was adjourned at 8:35 p.m.. Respectfully s~bmitted, Jane Rousseau,