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Home My WebLink AboutPB-05/13/1991PLANNING 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 OFSOUTHOLD SOUTHOLD TOWN PLANNING BOARD SCOTI'L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 1197! Fax (516) 765-1823 MINUTES MAY 13, 1991 Present were: 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 Mr. Orlowski: Good evening, I would like to call this meeting to order. First order of business is. public hearings, final subdivisions. 7:30 p.m. Donald Osani - This subdivision is for 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. We have proof of publication in the local papers and at this time everything is in order for a final hearing. I'll ask if there are any objections to this subdivision? Hearing none, are there any endorsements of this subdivision? Hearing none, is there anyone out there neither pro nor con but may have information pertaining to this subdivision that would be of interest to the Board? Hearing none, any questions from the Board? Board: No questions. Mr. Orlowski: Being there are no further questions, I'll declare this hearing closed. Does the Board have any pleasure? Mr. Ward: Mr. Chairman, I would like to offer the following resolution. PLANNING BOARD 2 MAY 13, 1991 WHEREAS, Donald Osani is the owner of the property known and designated as SCTM # 1000-79-5-10 & 11, located at the northwest corner of the intersection of Bayview Road and Reydon Drive in Southold; and WHEREAS, this minor subdivision to be known as Minor Subdivision for Donald Osani, is for two lots on a 68,604 square foot parcel; and WHEREAS, a variance was granted by the Zoning Board of Appeals on November 15, 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 the March 11, 1991; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on May 13, 1991; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; and be it therefore, RESOLVED, that the Southold Town Planning Board approve and authorize the Chairman to endorse the final survey dated January 23, 1991. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Edwards, Mr. Ward, Mr. McDonald, Mr. Latham, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. (Chairman endorsed maps). Mr. Orlowski: 7:35 p.m. William and Carol F~m~n - This proposed lot line change is to subtract 10,890 square feet from a 10.391 acre parcel and to add it to a 12,523 square foot parcel in Southold. SCTM ~ 1000-55-1-6. This is a lot line change I'll ask if there are any objections to this lot line change? Hearing none, are there any endorsements of this lot line change? Hearing none, is there anyone out there neither pro nor con but may have information pertaining to this subdivision that would be of interest to the Board? Hearing none, any questions from~the Board? Board: No questions. PLANNING BOARD 3 MAY 13, 1991 Mr. Orlowski: No further questions, I'll declare this hearing closed. Does the Board have any pleasure. Mr. McDonald: Mr. Chairman, I would like to offer the following resolution. WHEREAS, William and Carol Haman and Antone J. and Estelle Grigonis are the owners of the property known and designed as SCTM # 1000-55-1-6, located at the southeast side of Old North Road between Railroad Avenue arid Horton's Lane in Southold; and WHEREAS, this lot-line change, to be known as proposed lot line change for William and Carol Haman, is for a lot line change subtracting 10,980 square feet from a 10.391 acre parcel and add it to a 12,391 square foot parcel; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, declared itself Lead Agency and issued a Negative Declaration on March 11, 1991; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall Southold, New York on May 13, 1991; and ' WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; and be it therefore, RESOLVED, that the Southotd Town Planning Board approve and authorize the Chairman to endorse the final survey dated February 21, 19901 Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. McDonald, Mr. Ward, Mr. Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered~ (Chairman endorsed maps). Hearings Held Over From Previous Meetings: Mr. Orlowski: The North Fort~ - 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 i~ Cutchogue. SCTM $ 1000-95-4-14.1. Mr. Danowski has requested that we keep this hearing open. I'll entertain a motion to do so. PLANNING BOARD 4 MAY 13, 1991 Mr. Ward: So moved. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Latham, Mr. Edwards, Mr. McDonald, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. 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. This is in litigation right now so I recommend and entertain a motion to keep this hearing open. Mr. Latham: So moved. Mr. Ward: 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. McDonald. 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. Does the applicant want to make a c~m~ent? Mr. Robert Kozakiewicz: Last time we were here we had some c~omment concerning the fire well requirements. Pursuant to your direction we went back to the fire commissioners on an informal basis and have been asked to submit a formal request for them to reconsider. I understand they will be acting on it tomorrow and we should have some type of a response by the end of the week so we would ask that the hearing be kept open in order to have the response and have that part of the final hearing. Mr. Orlowski: I'll entertain a motion to keep the hearing open. Mr. Edwards: So moved. Mr. Ward: Second. PLANNING BOARD 5 MAY 13, 1991 Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Edwards, Mr. Orlowski, Mr. Latham Mr. McDonald, Mr. Ward. Mr. Orlowski: Opposed? So ordered. MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES AND SET OFF APPLICATIONS Final Determinations: Mr. Orlowski: Donald Osani - SCTM $ 1000-79-5-10 & 1i. - This has already been completed. Mr. Orlowski: William and Carol Haman - SCTM $ 1000-55-1-6. This has already been done. Re-endorsement: Mr. Orlowski: I'll entertain a motion that we endorse Charles Simmons map. Mr. Ward: I would like to offer the following resolution. Be it RESOLVED that the Southold Town Planning Board authorize the Chairman to re-endorse the final surveys dated June 18, 1990. This subdivision received conditional final approval on June 18, 1990, and was endorsed on August 6, 1990. However, as the Health Department approval expired before the maps were filed in the office of the County Clerk, it was necessary that the maps be re-endorsed by the Chairman. Mr. McDonald: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? Ail those in favor? Ayes: Mr. Ward, Mr. Latham, Mr. McDonald, Mr. Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. (Chairman endorsed maps). Final Extensions: ?LANNING BOARD 6 MAY 13, 1991 Ir. Orlowski: East Coast Properties - This major ~ubdivision is for five lots on 10.806 acres located on the west ~ide of Alvah's Lane; 114 feet north of County Road 48 in ~utchogue. SCTM ~ 1000-101-1-16.1. Mr. McDonald: Mr. Chairman, I would like to make a motion. BE IT RESOLVED that the Southold Town Planning Board grant a six month extension of preliminary approval from May 14, 1991 to November 14, 1991. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. McDonald, Mr. Ortowski, Mro Latham, Mr. Edwards. Mr. Orlowski: Opposed? So ordered. Setting of Final Hearings: Mr. Orlowski: Thomas A. Sargent - This minor subdivision if for three lots on 26,983 square feet located on a private right-of-way to Fox Avenue on Fishers Island. SCTM $ 1000-6-6-7. Mr. Edwards: I would like to entertain a motion. Be it RESOLVED that the Southold Town Planning Board set Monday, June 3, 1991 at 7:30 p.m. for a final public hearing on the subdivision maps last dated January 22, 1991. Mr. Ward: Second. Mro Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Edwards, Mr. Latham, Mr. McDonald, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. 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 $ 1000-83-2-13 & 6.6. PLANNING BOARD 7 MAY 13, 1991 r. McDonald: Mr. Chairman, I would like to offer the following otion. RESOLVED that the Southold Town Planning Board set Monday, June 3, 1991 at 7:35 p.m. for a final public hearing on the maps dated January 28, 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. McDonald, Mr. Latham. 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 to a 2.2 acre parcel at Cutchoque. SCTM #1000-83-2-13 & 6.5. Mr. Ward: Mr. Chairman, I would like to offer the following resolution. RESOLVRD that the Southotd Town Planning Board set Monday, June 3, 1991 at 7:40 p.m. for a final p~blic hearing on the maps dated January 28, 1991. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All thOse in favor? Ayes: Mr. Latham, Mr. Ward, 5Lr. McDonald, Mr. Edwards. Mr. Orlowski: Abstained. Mr. Orlowski: Opposed? So ordered. Review of Reports: Suffolk County Planning Co~,,ission. Mr. Orlowski: Conrad Bagenski, Jr. - This minor subdivision is for three lots on 6.212 acres located on the north side of Main Road; 1332.92 feet east of Elijah's Lane in Cutchogue. SCTM ~ 1000-108-3-9. What is the pleasure of the Board on the Planning Commission's Report. PLANNING BOARD 8 MAY 13, 1991 Mr. Charles Cuddy: On behalf of the applicant, I am aware of the letter and I would ask that the Board consider number one, two and five and not approve three and four. The Planning Commission of Suffolk County has propensity for inventing the wheel each time they do this. This is an existing parcel and it ~has one house on it and we are just adding two more.. I don't think the clearing and grading requirements are necessary and I would also like to point out to the Board that this road has been ther~ for more than ten years and there is no need for a radius curb to be inserted and therefore, I would ask that you approve it on the basis of one, two and five and not three and four. Thank you. Mr. Orlowski: Which ones did you want taken out? Mr. Cuddy: I would ask that three and four be omitted. I think they are unnecessary based on the existing configuration of the parcel. Mr. McDonald: Is there any objection to you if we hold it over until the next meeting? Mr. Cuddy: Absolutely not. Mr. Orlowski: We'll do that. Mr. McDonald: O.K., I'll make a motion that we hold this over until we get a chance to review it. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Edwards, Mr. McDonald, Mr. Orlowski, Mr. Latham, Mr. Ward. Mr. Orlowski: Opposed? So ordered. MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES, SET OFF APPLICATIONS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Determinations: Uncoordinated Review Mr. Orlowski: Mark C. Davis and Lisa C. Davis - This lot line change is to subtract 11,132 square feet from a 34,420 parcel and to add it to a 17,636 square foot parcel located at Mattituck. SCTM 1000-126-9-26.3 & 18. RESOLVED that the Southold Town Planning Board, a~ting under the State Environmental Quality Review Act, do ad uncoordinated review of this unlisted action. The Planning PLANNING BOARD 9 MAY 13, 1991 Board establishes itself as Lead Agency, and as Lead Agency makes a determination of non-significance and grants a Negative Declaration. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Edwards, Mr. Ward, Mr. McDonald, Mr. Latham, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Determinations: Mr. Orlowski: Michael and Joy Domino - This proposed site plan is to add 2,400 square feet to an existing building located on the north side of Route 25; 1,105 feet west of the intersection of Moore's Lane and Route 25 in Southold. Mr. McDonald: Mr. Chairman, I would like to offer the following 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. Latham, Mr. McDonald, Mr. Ward, Mr. Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. SETTING OF NEXT BOARD MEETING Mr. Orlowski: Board to set ?~esday, June 4, 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. PLANNING BOARD 10 MAY 13, 1991 Mr. Orlowski: Board to schedule a public hearing for the Board of Fire Commissioners to give testimony as to the necessity and placement of the fire well in Highpoint at East Marion, Section Three. Mr. Latham: So moved. Mr. McDonald: Second. Fir. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. McDonald, Mr. Ward, Mr. Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: There is nothing left on my agenda. Does anyone out there have any questions or co~m,ents? Mr. Raynor: I am the agent for the major subdivision Cornfields and two of the principle's here would like to discuss some of ~he ongoing con,,unications we have with the Board concerning Bond, Yield and Configuration of properties. Please no~e, that this has been an ongoing subdivision for approximately four years. I take it the Board is in receipt of the letter of extension concerning the preliminary approval that was granted. Mr. Orlowski: The final maps are here. Do you need an extension? Mr. Raynoz: I would defer at this point, Mr. John Breslin would like to speak to the Board. r. ~ohn Breslin: Good evening, Mr. Chairman, Members of the oard. I have filed three prior subdivisions with the Town of Southold. I have had several conversations with the working relationship with the Board, the staff. The reason I am here is that as much as I avoid t~is feeling, I get the feeling that I have been singled out by either the staff or members of the Board for mistreatment. We have been processin~ this map singe 1987, next year ~itl be four years. We first h~d an application for two minor subdivisions on a twenty acre track. The reason was, for two minor subdivisions, we couldn't buy the property any other way. It was owned by the Dickerson's and had to'be sold as one piece. I had three associates, my daughter, my niece, and another party who wanted to buy homesites in the Town of Southold. That is the reason I began this whole operation. The four people involved would buy four lots. Since I could not buy the subdivision any other way except buying the twenty acres, I was then forced %o find three or four other investors PLANNING BOARD 11 MAY 13, 1991 to buy the ot~er section for the twenty acres. I did that. I presented twQ mino~ subdivisions, I did the first application in July of 19~7, I Called again in January of 1988 and Mr. Raynor also called a~d urged the Board for some activity. Finally, in January of 1988, a sketch plan approval was granted. We were ~l~en approval to put eight lots frontinq on Youna's Avenue h~n wou%d have been able to sell three lots to member's of f~ily and friends and then keep the other four lots for my investment. The next thing I heard, in October 1988, apparently because so~eone ky the name of Mr. Carroll, made a fuss, it was denied and rejected and I was left out in the cold now with a contract tha~ was contingent on this and which I had put money up and I lost the money. The money had to go to the owners because you granted ite approval, you granted that and I had to go forward with my ontract. Now, that is my problem not yours, except I was led own the garden path by your activities. In 1989, I got the word that they wanted a major subdivision on this property. There goes my daughter's lot, there goes my niece's lot, they come to me and say, what do we do? We had to buy the entire twenty acres and we had to form a major subdivision. I don't want ten plots, I never wanted ten plots, all I wanted was eight plo~s. I don't want to build a blacktop road 800 foot long. I don't want to put street lights in, I want to have eight lots at two. and one-half acres apiece. Plenty of open space, conforming to the zoning and somebody sends me a letter that the reason tha~ I am denied, is not Mr. Carroll who wants me to build a road off Railroad Avenue to his property. No, you know what they tell me? They tell me they don't want eight driveways on Young's A~enue but, the same Board later on designs, they made a hand sketch which I still have from a member of the staff which said, do it this way, put two of the lots out on Young's Avenue and builda road with an additional eight lots. You can have ten lots and Cluster them and we will take the open space. What is the difference if we put ten lots, eight lots, out on Young's Avenue. It is not ten homes, it's eight and they are all oversized lots two and one-half acres apiece or more. So what if there are eight driveways coming out. There is going to be ten of them coming out between a road and two driveways. Mr. Raynor suggested that we put eight lots and each driveway serving two so we will have four driveways. Mr. Carroll apparently very active and Mr. Carroll, had a voice in this, who ever the hell he is, pardon my french. I lost money and time and here we are in 1991 and we still don't have a map. The straw that broke the camel's back was, about a month and one half ago, this Board, this staff suggested to Mr. Raynor that the open space be changed as follows= The open space that was going to be held in cooperative ownership or whatever they call it, arrangement where everyone gets out and tilles their own land, I would be able to take that and marry it PLANNING BOARD 12 MAY 13, 1991 tO one of the lots that has some barns on it, if I Gave u an d~itlonal lot. What do those two things have to do with each other? What does that have to do with it? Why should I give up one~ot to get a layout that you like better. It doesn't make an~sensE. I originally told you I would take eight lots ~ow we're at ten and you want to take one back, but you want me to Put in a major subdivision and acres of blacktop and roads and cable television and everything else. This is absurd, snd it has taken four years. Then, based upon your own recom~endations, I went out and had the map changed so I drew a l°t. I took the lot that was on Young's Avenue and I moved it around t¢ the back, submitted it and a month later it was rejected. It was your idea. Not mine, it was your idea to move the lot, your idea to wave the homeowners association. Isn't that a little confusing, isn't that a little arbitrary that four weeks before you want something and four and a hal~ later, you don't want it. This is like a circus. to those four weeks, five weeks and here I am now later and still no final map. I am back and forth ~rious plans and sketches, all of which cost me money and off with wanting eight lots, two minor I didn't want all this, I don't think it is . If I do have to have a major subdivision, which I don ., anyone who reads the newspapers knows what is going on ~n ~ea , knows what economic conditions are, a bond is certainly that a developer has to post to protect the Town, yOu~ Town Engineer, who is certainly well qualified to determine what protects the Town, reco~£~ended a two stage bond. If ~ou loDk at the map, the sketch that is the~e, and incidentally, this is the sketch that the staff or Planning Board or ~omeone suggested that we do first. This is what they suggested as an alternative. Moving the lot from this point back to t~is point. They didn't draw this, I drew it because tha~ is t~e only way to use the land. I went to the Town I said, this is a two stage operation, two of the lot~ ~lustered down at the thing and the other eight are up at ~th end. They are for sale but nobody is buying, buying. If I am lucky, I will sell the first two. Let 30%, a third of the bond, so I can sell those two, fre~ the bond and go on. How does that hurt the ~Town is protected. I can't convey them until you rel~ until the map is approved. I have to put up a thi~ I sell the lots and you release them. It just seems as i 'or something, a set of circumstances is working for all. of these years. It didn't work in the case of the f subdivision. I had three subdivisions, I didn't get I wanted. It took a long time but I had three successful subdivisions. Economic conditions have changed, you can delay things when prices are rising, but prices are falling, and if I ~ave to post a hundred and fifty or a hundred and ninety th0usand bond and let it sit there while I wait for the market to change, it doesn't make economic sense. What I am asking the Boardto do ~s grant e~ther one of three things, either we go back to square one 1987, give me two minor PLANNING BOARD 13 MAY 13, 1991 subdivisions, or give me eight lots and eight homes on two and one-half acres each on Young's Avenue or continue and do something about the sUbdivision. If I have to eat a subdivision, a major subdivision with all those costs to provide Mr. Carroll with a road, I should at least be treated fairly and given a two stage bond. There is no need for doing that, there is no need for putting up all that money up front. It won't sell for years the way the market is going. I don't know why I am being singled out, I wish somebody would tell me. I don't know the members on the Board and I don't know any people on the staff and I am not paranoid but, I can't believe that I was treated this badly. Flip flop back and forth, two, four, two, eight, make it minor, make it major, change the map, change it back again, so in summary, that is what I am asking for. McDonald: Would you explain the two stage bond again? Mr. Breslin: In other words the bond that your Town engineer figured out and I approved, provided I think something like $180,000.00, correct me if I am wrong, whatever the number is, most of the bond cost has to do with the road that you see on the sketch to the north. There are no improvements to the south. None what so ever, except Greenport Water, which I am paying directly for so there is no need to bond against that. I agree, fine, whatever you want, $30,000.00, $40,000.00 thousand dollars, I will put up a bond for that. That way, I am able to convey those two lots if I ever get the chance to do it and I have somebody interested in putting a ten or twelve acre farm, a vineyard or a farm. I've got barns, I have got 7,000 square foot of barns on one of the lots. It is a natural for a farm. If you are looking to create a farm, here is a fellow who wants to create a fazm. Mr. Orlowski: How would you do that? Mr. Breslin: How would I do it? I would give you a covenant against any development what so ever on the open space, which you are entitled to. Mr. Orlowski: You are going to form a homeowners association. Mr. Breslin: I don't want nine people out there digging up and planting potatoes or something. Mr. Orlowski: Did you understand, number one, this lot that was shoved in here, I think it was a misunderstanding probably between the staff and your agent but, we never meant for that. We meant to create the large lot and leave it as a large lot so it could be used for a vineyard or whatever you want to use it for. That is why we took that one lot out creating the open space as a large lot. Mr. Brestin: The open space is nine and one half acres, right? PLANNING BO~RD 14 MAY 13, 1991 Mr. Orlowski: Well, I think it is more than that. I think it is over ten acres. Mr. Breslin: Over ten acres, I am willing to make that open space. All I want to do with it is put a covenant on it, not any structures what so ever agricultural use. How do I do it? Mr. Orlowski: here? Do you understand what we are trying to obtain Mr. Breslin: My understanding of what you are trying to do is to keep open space and keep land to go into agricultural use. Mr. Orlowski: Right, so we made a recommendation that instead of going with the ten lots and putting one of the ten lots right smack in the middle of the open space, to remove one of the lots and have nine lots and the ninth lot, be a large lot with the barns and the house on it in setting up a mini farm or whatever you want, a vineyard or whatever you said was going to happen. Mr. Breslin: The net result is that I am going to have nine lots, instead of ten. Mr. Orlowski: Right, but you have a large building lot. Mr. Breslin: But, I have one now, they approved ten lots. Mr. Orlowski: But, with the ten lots and putting the extra lot here, the Planning Board feels that the layout is not to lend itself to leave that as a large lot, number one and to just form a homeowners association and leave the open space in the hands of the homeowners association. Mr. Breslin: You are more familiar with Southold but I have not found that the homeowners association that has done anything that it locks into it. Mr. Orlowski: That I don't feel has been conveyed to you, I don't think you are understanding what we are trying to obtain. Mr. Brestin: What you are saying is I should give up a lot. Mr. Orlowski: What we are saying is that the layout laid itself Out better by removing that lot and leaving all of the land to the south, the open space in the subdivision, and with ths~-barns and the house and all that is there you have i think, it is almost twelve acres looking at this, that you would have a viable agricultural operation in the large lot like that and it would remain a large lot. Mr. Breslin: Why couldn't I have a viable (inaudible).? Mr. Orlowski: Because we are not going to allow that. You are going to form a homeowners association. PLANNING BOARD 15 MAY 13, 1991 Mr. Breslin: To do the same thing that I want to do right? Fir. Orlowski: Right. Mr. BreS do it? one half to do. Mr. itself right Why is it I can't do it but the homeowne is can it I can't do just what you want, make nine and farm and ten building lots. That is wha I agreed We just think that the layout wouldn't end to agricultural use by sticking an ex :ra lot the middle of everything. Well, it is not an extra lot. Under the zoning, to ten lots and I had ten lots and I agreed to the ~he ten ~ lot. ~tever ~at it rant to ~iation . You ~obably be .ng What ~ it is lot as Lots. rski: But, you just said right in the very beginning want eight lots. .in: I'll take eight lots, I'll take eight tohight. · gh, you are making a fool of me. Listen, I'mv- ve me eight lots on the road I will take it hen I don't have to build 800 foot of and run and eleetricity and everything else, I'll be lad to .t lots. But somebody, Mr. Carroll~ you could be into and the staff so I don't want it, I will take eight 11 take it right now. I'll take eight lots, ~ight two alf acre lots and that will be it. Everyone will have ne half acres. That's all, That's an option, I'll that option and I'll consider an option of two minor Mr. Bret I'm enti tenth Mr. Orlo~ski: What you are talking about is not only lots but then the open space that would be your eleven Mr. Bresl.in:_ No, you can take these and you can do wh you want to ~o with the open space. I will covenant tl will be ~pen space and it will be used for farm. You~ put in a homeowners, I think that. is impracticable. Mr. Orlo%~ski~ I think the cost of the homeowners asso, and the ]iemoyal of the lot may come Out to be the same will ben~.fit in holding on to the large lot, it will pl greater Shanforming a homeowners association and lett. everybody ow~ a parcel. Mr. Bres~in:~ Nobody wants to own one tenth of ten acre.~ are they_going to do with it? The only man who can us~ the man %~ho buys the bonds. I want to marry the large you call it to the bonds but I still want to have ten Mr. Orlo% you only F~r. Bres~ Don't l~ if you gJ becaus? t water ~n take eigl ten lots lots. I and one two and consider subdivis~ ons. You know, this idea of making it an metropolis out of this twenuy acres, is getting'ridiculous. I'm willing to take eight lots, the difference economically Mr. Orlowski is that I don't have %o build a road for the eight to the north so PLANNING BOARD 16 MAY 13, 1991 obviously I can sell the eight lots and make as much money as I can with ten doing all the road improvements. How do a%l those road improvements, how do they benefit anybody except Carroll? He is the only one tha~ benefits, that is-whylI am paranoi~ about this. I know nobody by the name of Carr~ll~ is. on the Board. I can't believe why I have to build a road $o this Mr. Carroll, he has frontage on another road so let him!build his ow~ road. Let him put his water in, he wants to ta~e my water a~d put a road in. I'm willing to give the Town eight lots, two and one half acres each and go right back to that. if I do it on eight basis it is a major subdivision and get park and playground fees. If I do a minor subdivision, I don't have to pay those. That is the different. I'll take the eight and pay the fees. Mr. Ward: Is there any chance of reconfiguring the eight lots to make nine there and have one large lot for the farm? Mr. Breslin: Yes, yes. There could be eight one acre lots along the road. Mr. Ward: No, using the layout you have could you reconfi~&re the Cornfield Lane so you get one extra lot in there and then leave everything to the south as the farm. Mr. Breslin: I have to defer to M~. Raynor on this. He says it could be done. I would be willing to do that, that would leave you a clear farm. Mr. Ward: Then you would accomplish what we are after a~ a single lot. Our concern is that taking a large lot andibreaking up into, putting other pieces within it , is not good for the farm. We are going to do it as a single lot that is owned by somebody, it is going to be a farm lot for vineyard or anything else, our concern is that it stay as a large lot. Mr. Breslin: I'll marry it to lot number ten with the bonds. It's a natural. I'll sell the large piece, whatever this comes out to nine, ten whatever, plus the bond one. I'll sell it to somebody. Would you like me to have the surveyor lay something out with the nine lots on the new road? Mr. Orlowski: We're talking.about still leaving it clustered like this and building a road. Mr. Breslin: This gentlemen, Mr. Ward, is suggesting that on Cornfield Lane where there are now eight houses, somehow or other work it out to nine. Eliminatethe old lot number nine~ It gives you the layout you want, I keep my yield and it gives you the continuousownership of open space and a viable farm. Mr. Ward: Why don't you get us a quick overlay sketch on it. Mr. McDonald: Don't make a big deal. PLANNING BOARD 17 MAY 13, 1991 Mr. Breslin: I'll get it to you. I appreciate your time and I'm sorry to get excited but if you were going through this all these years that I was and having these things back and forth, I think you wo~ld feel the same way. I appreciate your concern, I think I do understand what you are looking for and I think I can probs3oly lay it out. Thank you very much. Mr. Orlowski: O.Ko, we have a request for a six month extension, a preliminary. I'll entertain a motion. Mr. Ward: So moved. Mr. Latham: Second. Mr. McDonald: What is the expiration date? Fir. Orlowski: October 1988. Mr. McDonald: So we are going to grant a retroactive? Mr. Chairman, I make a motion that we grant a six month extension on the Cornfield subdivision. The present expiration date is May i, 1991 so please add six months to that. Mr. Ward: Second. Mr. Orlowski: O.K., motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. McDonald, Mr. Orlowski, Fir. Edwards, Mr. Lathamo Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: O.K., again I have nothing left on my agenda. Does anyone else have any questions or comments? Mr. Dinizio: I'm from Greenport and I was told that the Board would possibly have a letter for me on the dealings on RoUte 25 in Greenport. Mr. Orlowski: Yes, I don't think the staff has reviewed it yet. The site plan has been reviewed and the preliminary is in order so on those grounds we will probably waive the site plan requirement. Mr. Dinizio: Will you waive it tOnight? Mr. Ward: It's not waived by resolution, we will just send you a letter. Mr. Dinizio: Can you tell me if it has been waived tonight? PLANNING BOARD i8 MAY 13, 1991 Mr. McDonald: It hasn't been reviewed. Mr. Orlowski: We haven't seen it. Mr. McDonald: There is no problem. Mr. Dinizio: The sketch was submitted two days after th~ last meeting with the parking places provided on the sketch as you wanted and now I don't see what the big deal is, the par~ing places are there, it is the only place they can be. Mr. Orlowski: I talked to Bob this afternoon and there w~sn't any problem and I believe he will have the letter out tombrrow morning. You don't need a motion from the Board, we are just going to waive it. We won't do it in a motion. Mr. Dinizio: Well, in that case I am taking that as an approval then. Mr. McDonald: It's a waiver, take it an~ay you want it. It is all over with, it's done. Mr. Dinizio: Well, then I assume that is going to resolvs all my problems with this Board. Mr. Ward: We hope so. Mr. Dinizio: I mean, can the Board guarantee me this, t~ ~t my wife can operate her business as she has to date? Mr. Orlowski: Are you going to open up a plumber shop ne[t? Mr. Dinizio: Hey, I might. As far as I'm concerned my seal says retail sales so that means I can sell anything out o~ it O.K.? No more problems with this Planning Board or any o~her department in the Town of Southold. Mr. Orlowski: I'm not guaranteeing. Everybody would like that. Mr. Dinizio: I've got another question. Are you members paid by the Town of Southold? Mr. Orlowski: Yes. Mr. Dinizio: You are. Well, giving people a hard time as far as i'm concerned, what I have been'through, is something I don't like to see my tax dollars spent on. I have a statement {o read here that I think will cover it all if I have the permission from the Board to read the statement. It is in my opinion, that, if our forefathers who have fought and died for this country two hundred years ago for this democracy were to see this process in action that I just went PLANNING BOARD 19 MAY 13, 1991 throug like I the pe the pe this B pay th Board l taxpay not gl' ~ they would probably would be sick to their stomach's am. This is not planning, this is not a government by )ple or for )ple, in my opinion, it is enslavement. You people on )ard have more control over my property then I do and I taxes and the mortgage. Not the Board. As Planning nembers you should be changing the laws so that the ~r who pays your salaries, has more control on his land, ;ing them unfair and unjust treatment and wasting their valuable time and money on matters that should not concern this Board ~n the first place. I say it again, we pay the taxes and the mortgage, not you. I would like to know exactly how many tax dollars were spent in dealing with this unnecessary problem you have caused my wife and I. Whatever the amount, it could have been invested in some other way thatcould have been more beneficial to the taxpayers of Southold Town. I wonder what the logic~is in not granting me a waiver of site plan approval, but now I have it as I take it from the Board, as you did Mr. Celic the properties former owner, when I have the necessary C.O. f~r retail sales. The property or building itself was not change~ except for lettering, the lettering on the sign, and the color of the building. It is pretty obvious from the survey, that ir cannot be changed because the Main Road, Route 25 in the front of the building and the water in the back of the building. I hope in the future if the same circumstances exist between myself and this Board that I have the money and funds avail~le to me to sue you for discrimination as my laWyer first recommended. Since I do not have these things available to myself~ I will stand and speak my mind because being a citizen and veteran of this country, is my right to do so. Thank you for the time to make this statement. Mr. Or~owski: O.K.. Anyone else have any comments? Hearing none, I'll entertain a motion to adjourn. Mr. Ward: So moved. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Ail those in favor? Ayes: Mr. Ward, Mr. McDonald, Mr. Edwards, Mr. Latham, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Being there was no further business to be brought before the Town Board the meeting was adjourned at 8:30 p.m.. MAY 13, 1991 I~ECEIVED AND FrLED BY THE SOUTHOLD TOWN Cr.~.~K ~..,'~Wn Clerk,..Town .of ~qouthold