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HomeMy WebLinkAboutPB-03/26/1990Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York i1971 SCOTT L. HARRIS Supervisor Fax (516) 765-1823 Telephone (516) 765-1800 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SOUTHOLD TOWN PLANNING BOARD MINUTES MARCH 26, 1990 Present were: Absent: Bennett Orlowski, Jr., Chairman Kenneth Edwards, Member Richard Ward, Member Mark McDonald, Member Valerie Scopaz, Town Planner Melissa Spiro, Planner Holly Perrone, Secretary Jane Rousseau, Temporary Secretary G. Richie Latham, Member Mr. Orlowski: Good evening, I would like to call this meeting to order. We don't have any public hearings tonight. The following are hearings held from previous meetings. North Road Associates - This major subdivision is on 16.886 acres located in Orient. SCTM ~1000-18-4-1.3. I would like to make a motion to override the Suffolk County Planning Commission report dated February 8, 1990. Mr. Ward: So moved. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Edwards, Mr. McDonald, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. ~'~ ~ SOUTHOLD TOWN PLANNING BOARD 2 MARCH 26, 1990 Mr. Orlowski: At this time I believe everything is in order to close it. I'll ask if there are any comments or if anyone would like to make any comments while it's still open. Mr. Rudy Bruer: Mr. Orlowski, I believe we have complied with the recommendations of your office and have submitted some changes. I hope they are what the board wanted. We think we can get the additional requirements, you know the revision or the restamping of the maps by the ~ealth Department within the 4.5 day period. Mr. Orlowski: Very good, yeah we need those and the covenants and restrictions. Mr. Bruer: We will get that but I guess we were waiting to see what the final outcome would be. Mr. Orlowski: Then the fire district has to make a comment on whether a fire well is needed and the homeowners association must be fo~med for the open space. Mr. Bruer: O.K., do you want me to speak to the fire department? Mr. Orlowski: We will send a map over to them. Mr. Bruer: Because I can carry it, I'm across the street. Mr. Orlowski: Oh! alright, be my guest. Mr. McDonald: Wrong fire department. Mr. Bruer: That's right. Mr. Orlowski: Any more further questions or comments? I'll entertain a motion to close the hearing. Mr. Edwards: So moved. Mr. McDonald: Second. Mr. Orlowski: Motion made and seconded. the motion? Ail those in favor? Any questions on Ayes: Mr. Edwards, Mr. McDonald, Mr. Ward, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Doris Price Moeller Foster - This minor subdivision is on 8.5 acres located at Cutchogue. SCTM ~1000-103-9-I3. We still do not have the Suffolk County Health Department approval. : } SOUTHOLD TOWN PLANNING BOARD 3 MARCH 26, 1990 Mr. Bruer: They have asked us to change the maps so the wells are in the rear or visa versa from what we have now which we are doing. Mr. Orlowski: O.K., we will keep this open. Mr. McDonald: Do you have to change the maps? Mr. Bruer: I think we just have to change where they want the location of the pool and well. Whatever it is they want to reverse it from what we submitted originally. Mr. Orlowski: O.K., we will leave this hearing open. Mr. Orlowski: Thompson/Dickinson - This set off is on the southeast corner of Main Bayview and Cedar Drive in Southold. SCTM ~1000-78-9-30.2. Everything is in order, we received a map with Health Department approval. Everything is in order to close the hearing. I'll ask if there are any comments or questions while the hearing is open. Hearing none, I'll entertain a motion to close it. Mr. Ward: So moved. 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. McDonald. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Everything is in order to approve it. What is the pleasure of the board? Mr. McDonald: I would like to make the following motion: WHEREAS, Imogene Dickinson Thompson is the owner of the property known and designated as SCTM 91000,78-9-30.2 and Wesley R. Dickinson and Agnes P. Dickinson are the owners of the property known as designated as SCTM ~1000-78-9-30.1, located at the northwest side of Main Bayview Road and Cedar Lane, Southold; and WHEREAS, this set-off is to be known as Wesley Dickinson and Jean D. Thompson set-off; and WHEREAS,1 a variance for approval of insufficient area was granted by the Zoning Board of Appeals on January 22, I990; and ~ % SOUTHOLD TOWN PLANNING BOARD 4 MARCH 26, 1990 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 January 18, 1990; and WHEREAS, a final public hearing wasclosed on said subdivision application at the Town Hall, Southold, New York on March 26, 1990; 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 February 8, 1990. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Edwards, Mr. McDonald, Mr. Ward, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. (Chairman endorsed maps) MAJOR AND MINOR SUBDIVISION, LOT LINE CHANGES AND SET OFF kPPLICATIONS Final Determinations: Mr. Orlowski: Loraine Terry - This minor subdivision is on 12.823 acres in Orient. SCTM $1000-18-5-18.1. Mr. Ward: I would like to offer the following resolution: RESOLVED that the Southold Town Planning Board authorize the chairman to endorse the final surveys dated October 10, 1989, with the following condition: That no building permits be issued until the fire well hasbeen installed by the developer and .accepted by the Orient Fire District. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Edwards, Mr. McDonald, Mr. Ward, Mr. Orlowski. SOUTHOLD TOWN PLANNING BOARD 5 MARCH 26, 1990 Mr. Orlowski: Opposed? So ordered. (Chairman endorsed maps) Mr. Orlowski: Sanders and Schwartz - This set-off is located in Mattituck. SCT~ 91000-106-6-36. Mr. Edwards: Mr. Chairman, I would like to offer the following resolution: RESOLVED that the Southold Town Planning Board authorize the Chairman to endorse the final surveys dated February 10, 1988, s~hject to fulfillment of the following condition: 1. Receipt of a filed Declaration of Covenants and Restrictions. Mr. Ward: Second. Mr. Orlowski: Motion made au.d seconded. Any qulestions on the motion? All those in favor? Ayes: Mr. Ward, Mr. McDonald, Mr. Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Bruer: A certified copy of the Covenants and Restrictions which were filed today were delivered to the office. Mr. Orlowski: O.K. Setting of Final Hearings: Mr. Orlowski: Fishers Island Utility - This minor subdivision is for two residential lots located on Fishers Island. SCTM ~1000-6-6-20. Mr. Edwards: Mr. Chairman, I would like to entertain the following motion. RESOLVED that the SoUthold Town Planning Board set Monday, April 9, 1990 at 7:30 p.m. for a final public hearing on the maps dated December 12, 1989. Request that a Declaration of Covenants and Restrictions be submitted including the following: 1. A restriction that the driveways for lot 1 and lot 2 are to have access onto Central Avenue. 2. It was noted in the findings of fact in the June 29, SOUTHOLD TOWN PLANNING BOARD 6 MARCH 26, 1990 1989 Zoning Board of Appeals decision, that the lots are intended to be used for affordable housing. ~ha Planning Board requests that the Declaration of Covenants and Restrictions include a restriction that the lots be for year round housing only. 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. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: James Cross - This is for a set off of a 86,946 square foot parcel from a 7.914 acre parcel located on the north side of Main Road in Cutchogue. SCTM 91000-108-3-12o Mr. Orlowski: I would like to make a motion: RESOLVED that the Southotd Town Planning Board set Monday, April 9, 1990 at 7:35 p.m. for a final public hearing on the maps dated June 9, 1989. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Edwards, FLr. Ward, Mr. McDonald, ~r. Orlowski. Mr. Orlowski: Opposed? So ordered. Sketch Determinations: Mr. Ortowski: S~m~it Estates - This ma~or subdivision is for 35 lots on 40.8223 acres located on the southwest corner of Main Road (NYS Rte. 25) and Shipyard Lane in East Marion. SCTM ~1000-35-8=5.3. Mr. McDonald: Mr. Chairman, I would like to offer the following motion. RESOLVED that the Southold Town Planning Boar~ grant sketch approval on the map dated January i9, 1990 with the following conditions: ~ A covenant and restriction be placed on Lot ~3 SOUTHOLD TOWN PLANNING BOARD 7 MARCH 26, 1990 stating that there is to be no further subdivision of this lot in perpetuity. 2. That the area adjacent to Gardiners Bay be labeled as Open Space. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? Ail those in favor? Ayes: Mr. Ward, Mr. McDonald, Mr. Orlowski, Mr. Edwards Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Michael Hunt & P~mela Hunt - This major subdivision is for eight lots on 17.5551 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. Mr. Edwards: Mr. Chairman, I would like to make a motion that the Southold Town Planning Board grant sketch approval on the map dated March 16, 1990. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? Ail those in favor? Ayes: Mr. Edwards, Mr. Ward, Mr. Orlowski, Mr. McDonald. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: ACMT Corp. This proposal is to set off an 80,000 square foot parcel from an existing 45.2155 acre parcel located on the north side of Oregon Road; approximately 800 feet west of Alvah's Lane in Mattituck. SC~ $1000-95-1-3. Mr. Ward: Mr. Chairman, I offer the following resolution. RESOLVED that the Southold Town Planning Board grant sketch approval on the map dated March 20, 1990. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? SOUTHOLD TOWN PLANNINS BOARD 8 MARCH 26, 1990 Ayes: Mr. Edwards, Mr. Ward, Mr. Orlowski, Mr. McDonald. Mr. Orlowski: Opposed? So ordered. Final Approval Extension: Mr. Orlowski: Edward & Eileen Deutsch - This proposed subdivision is on 10 plus acres on the west sideof Lighthouse Road in Southold. SCTM $1000-54-3-P/O 26. Mr. Edwards: Mr. Chairman, I would like to entertain a motion that the Southold Town Pl~n~ing Board grant a ninety (90) day extension of conditional final approval. Conditional final. approval was granted on September 11, 1989. 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. Orlowski. Mr. Orlowski: Opposed? So ordered. Review of Reports: Suffolk County Planning Commission: Mr. Orlowski: Laurel Lane Estates foz~Lerly Calvin Rasweiler - This ma~or subdivision for 24 lots is on 55.959 acres located at Laurel. SCTM $1000-129-1-1. Mr. McDonald: Mr. Chairman, I would like to offer the following resolution. RESOLVED to adopt the March 8, 1990, Suffolk County Planning C~.L~ission report with the following amendments (numbers correspond to numbers in report): 1. To remain as written An additional item should be added as follows: There shall be no further subdivision in perpetuity. Is to be omitted. The Planning Board has required that a Homeowner's Association. be filed prior to any endorsement of the final map by the Chairman, 3. Is to be revised to read: Rail Road Drive SOUTHOLD TOWN PLANNING BOAR~ 9 ~RCH 26, 1990 shall be maintained for emergency access purposes. This shall be clearly marked as such on the map. Rail Road Drive is not to be considered a separate parcel, and is to be included in the open space area of the subdivision. e Is to be revised 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 property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. Be Is to remain as written, with the addition that the Liber and page number of the filed document be included on the final ~p. Numbers 1, 3, 4 and the additional item must be presented in a Declaration of Covenants and Restrictions in proper legal form. A copy of the draft Declaration of Covenants and Restrictions must be submitted for review by the Planning Board and Town Attorney. Once approved, the document must be filed in the Office of the County Clerk. Numbers 3 & 5 must be shown on the final map. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Edwards, Mr. McDonald, Mr. Ward, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Philip Birndorf & Joseph M. Rizzo - This major subdivision is for 4 lots on 9.111 acres located in Cutchogue. SCTM ~1000-97-3-t. Mr. Ward: Mr. Chairman, I would like to make the following motion. RESOLVED to adopt the March 8, 1990 Suffolk County Planning Co~L~ission report with the following amendments (numbers correspond to numbers in report): 1. Is to remain as written. SOUTHOLD TOWN PLANNING BOARD 10 MARCH 26, 1990 An additional item should be added as follows: There is to be no further subdivisioh in perpetuity. Is to be revised to read: A~i lots are to have access onto the proposed road. There is to be no access directly onto Main Road for Lot ~1. 3 & 4. Are to remain as written. Is to be omitted. The Planning Board has requested that a road be built, with a 50 foot right-of-way, to the Town's alternate road specificationS. 6 & 7. Are to remain as written e Should be revised, 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 ~ne of the Planning Board of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. Is to remain as written with the addition that the Liber and page number of the filed document be included on the ~inal map. Number 1, 2, 3, 4, 8 and the additional item must be presented in a Declaration of Covenants and Restrictions in proper legal form. A copy of the draft Dgclaration of Covenants and Restrictions must be s~bmitted for review by the Planning Board and the Town Attorney. Once approved, the document must be filed in the Office of the County Clerk. Numbers 2, 6, and 9 must be shown on the final map. Mr. McDonald: Second. Mr. Orlowski: Motion made and seconded.. Any questions on the motion? All those in favor? Ayes: Mr. McDonald, Mr. Orlowski, Mr. Ward, Mr. Edwards. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Jennie Harris Estate - This minor subdivision is for 2 lots on the northwest side of County Road 48, 48.918 feet northwest of Cox's Lane i~ Cutchogue. SCTM $1000-96-1-18. SOUTHOLD TOWN PLANNING BOARD 11 MARCH 26, 1990 Mr. Edwards: Mr. Chairman, I would like to offer the motion. RESOLVED to override the March 8, 1990 Suffolk County Planning Commission report for the following reason: The Zoning Board of Appeals on June 29, 1989 granted a variance for approval of insufficient lot area and width of the two proposed parcels. 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. McDonald Mr. Orlowski: Opposed? $o ordered. Mr. Orlowski: Thomas W. Russell, Jr. - This minor subdivision is for 2 lots on 2.22 acres located on Heathule Avenue and Beach Avenue on Fishers Island. SCTM $1000-9-11-9.1. Mr. McDonald: Mr. Chairm~n, I would like to offer the following resolution. RESOLVED to adopt the following from the February 8, 1990, Suffolk County Planning Commission report (numbers correspond to numbers in report): Is to remain as written. 2. & 3. Are to be omitted. Upon inspection, the Planning Board does not feel that the short radius curve or the improved alignment are necessary. 4 & 5. Are to remain as written. Is to be omitted. There are two existing residential dwellings on the parcel. Is to be revised to read: These covenants and restrictions can. be modified only at the request of 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 property owners shall be entitled to notice of such public SOUTHOLD TOWN PLANNING BOAR/] 12 MARCH 26, 1990 hearing but their consent to such modification shall not be required. Is to remain as written with the addition of the Liber and the page number. Numbers 1, 4, 5 and 7 must be presented in a Declaration of Covenants and Restrictions in proper legal form. A copy of the draft Declaration of Covenants and Restrictions must be submitted for review by the Planning Board and Town Attorney. Once approved, the document must be filed in the office of the County Clerk. Number 8 must be shown on the final map. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Orlowski, Mr. McDonald, Mr. Edwards. Mr. Orlowski: Opposed? So ordered. Review of Reports: Engineering Reports: Mr. Orlowski: Lon9 Meadow Estates -This major subdivision is for 16 lots on 36.9639 acres located on the north side of Sound Avenue, 337 feet west of the northwest corner of Cox Lane and Sound Avenue and on the west side of Cox Lane, 428 feet north of the northwest corner of the northwest corner of Cox Lane, and Sound Avenue in Mattituck. SCTM ~1000-113-7-19.2. Mr. Edwards: Mr. Chairman, I would like to make a motion to adopt the engineer's report dated February 28, 1990. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Edwards, Mr. McDonald, Mr. Ward, 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: SOUTHOLD TOWN PLANNING BOARD 13 MARCH 26, 1990 Mr. Orlowski: Summit Estates - SCTM ~1000-35-8-5.3. - I would like to make a motion that the Southold Town Planning Board start the coordination process on this Type 1 action. The board assumes lead agency status and in that capacity 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. Edwards, Mr. McDonald, Mr. Ward, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: ~ichael Hunt & Pamela Hunt - SCTM 91000-69-5-7. Mr. Ward: I would like to make a motion that the Southold Town Planning Board start the coordination process on this unlisted action. The board assumes lead agency status and in that capacity makes an initial determination of non-significance. Mr. McDonald: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. McDonald, Mr. Ward, Mr. Orlowski, Mr~ Edwards. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: ACMT Corporation - SCTM ~ 1000-95-1-3. Mr. McDonald: I would like to make a motion that the Southold town Planning Board start the coordination process on this unlisted action. The board assumes lead agency status and in that capacity makes an initial determination of non=significance. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? Ail those in favor? ~yes: Mr. Ward, Mr. McDonald, Mr. Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. ~ I SOUTHOLD TOWN PLANNING BOARD 14 MARCH 26, 1990 Determinations: Mr. Orlowski: Island Estates - This major subdivision is for 10 lots on 28.5073 acres located on the south side of Main Road, 1758 feet west of Narrow River Road in Orient. SCTM ~1000,18-6-19. Mr. Edwards: Mr. Chairman, I would like to offer the following motion. RESOLVED that the Southold Town Planning Board amend their resolution of February 13, 1990 which started the coordination process to determine lead agency and environmental significance. In that resolution the Planning Board listed the State Environmental Quality Review (SEQR) status as unlisted, however, the project is partially within the Peconic Bay Critical Environmental Area, thus, it must be listed as a Type 1 SEQR classification. 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. McDonald: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. McDonald, Mr. Edwards, Mr. Ward, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Jennie Harris Estate - This minor subdivision is for two lots on the northwest side of County Road 48, 38,918 feet northwest of Cox's Lane in Cutchogue. SCTM $1000-96-1-18. Mr. Orlowski: I would like to make 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 gr~nt a Negative Declaration. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? Ail those in favor? Ayes: Mr. Ward, Mr. Edwards, Mr. 'McDonald, Mr. Orlowski. ~ SOUTHOLD TOWN PLANNING BOARD 15 MARCH 26, 1990 Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Francis P. Melly - This lot line change, adding 1,198 square feet to 11,495 square foot parcel. SCTM $1000-68-1-4,5. Mr. McDonald: 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. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. McDonald, Mr. Edwards, Mr. Orlowski, Mr. Ward. Mr. Orlowski: Opposed? So ordered. SITE PLANS - STATE ENVIRONMENTAL QUALITY REVIEW ACT Determinations: Mr. Orlowski: Gambone/Zapkus - Change of use of existing house to professional offices on 1st floor and residential apartment on second floor. SCTM $1000-62-1-12. Mr. Edwards: 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. Mr. McDonald: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. McDonald, Mr. Edwards, Mr. Orlowski, Mr. Ward. Mr. Orlowski: Opposed? So ordered. , SOUTHOLD TOWN PLANNING BOARD 16 MARCH 26, 1990 Mr. Orlowski: Mattituck Airport - Site plan for proposed 2,240 square foot addition to existing storage building. SCTM $1000-123-1-2. Mr. Ward: 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 Lea~ 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. Ward, Mr Edwards, Mr. McDonald, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. RELEASE OF BOND: Mr. Orlowski: Homestead Acres - SCTM $1000-90-2-6.2. Mr. McDonald: Mr. Chairman, I would like to make a motion. RESOLVED that the Southold Town Planning Board recommend to the Town Bard that they release the Letter of Credit for the amount of $250,000.00, for the major subdivision of Homestead Acres. An interim inspection was conducted by A. Barton Cass, P.E., of Signey B. Bowne & Son on June 12, 1989. Since that inspection both the Planning Board and the Highway Superintendent have conducted inspections and have concluded that all is in order for release of the Letter of Credit. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Edwards, Mr. Orlowski, Mr. Ward, Mr. McDonald. Mr. Orlowski: Opposed? So ordered. . SOUTHOLD TOWN PLANNING BOARD 17 MARCH 26, 1990 CHANGE OF ZONE APPLICATIONS: Mr. Orlowski: Southold Viltast Inc. Ackerly Pond Lane, Southold. A-C to AHD 18.021 acres - 36 units. SCTM $1000-70-1-6. Mr. Ward: Mr. Chairman, I would like to offer the following motion. Whereas the Town Board is holding a pubic hearing on the change of zone petition of Southold Villas, Inc., to change the zone of 18.021 acres from Agricultural-Conservation to Affordable Housing District, and BE IT THEREFORE RESOLVED that the Planning Board feels that this affordable housing project should not be approved at this time. The reasons for this reco~m,endation are as follows: There are serious problems inherent in the affordable housing legislation as represented by the Affordshle Housing District section of the Zoning Code, and The current legislation grants a developer considerable economic incentive to provide affordable housing, but also puts the Town at the risk of losing these losts to the real estate market seven years after they are created. As a result, the town will be forced to continually downzone properties to half-acre density throughout the town in order to meet the affordable housing need. The Planning Board feels that once desirable, affordable housing is created, it should be permanent. The Board is concerned, also, by the precedent that has been set by the DBM Affordable Housing Project, otherwise known as Highpoint Meadows. At present, the Town has no enforceable guarantee that the affordable housing will be built on the affordable in this s~bdivision. It is quite possible that some of the buyers of these lots will sell them on the open market after holding the land for seven years. e The board is concerned about concentrating too much affordable housing in one hamlet. At present, thirty nine lots are proposed to be created in Greenport, and twenty eight lots have been created in Southold. It is felt that affordable housing should be made available throughout the entire Town. However, the town has not made any determinations as to how many and what type of affordable housing units are needed; nor how many units should be located within each hamlet. A clear policy statement of goals . SOUTHOLD TOWN PLANNING BOARD 18 MARCH 26, 1990 and objectives should be drafted to gUide the Town Board and the Planning Board in its efforts to affordable housing for town residents. 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. Orlowski, Mr. Orlowski: Opposed? So ordered. Mr'. Orlowski: EmanuelKonkokosta - Boisseau Avenue, Youngs Avenue, Southold. SCTM $1000-55-5-17. Mr. Orlowski: I think it would be appropriate to send a memorandum over to the Town Board to let them know where we stand before they go much further. Do you think that would be appropriate or should we wait? Mr. McDonald: Would you like the memorandum read in? Mr. Orlowski: Yes, I think we should. Does the board feel it should be read in? Board: Yes. Mr. McDonald: I would like to read the following memo to the Town Board. The Planning Board wishes to go on record as opposing this change of zone application. Enclosed is a copy of the Planning Board's resolution of March 26, i990. WHEREAS the subject property could be developed for residential purposes under the current zoning, BE IT RESOLVED that the Planning Board reco~z~end~ denial of the proposed petition. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Edwards, Mr. McDonald, Mr. Ward, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. · SOUTHOLD TOWN PLANNING BOARD 19 MARCH 26, 1990 Mr. Orlowski: Jem Realty - North Road (State Road 25) approximately 564 feet on the east side of Sound Drive in Greenport, 42 acres "R-80" to "HD~' 20 acres "R-80" to "~-40". SCTME 91000-35-1-14. Mr. Edwards: Mr. Chairman, I recommend the following memo be sent to the Town Board. The Planning Board wishes to go on record as opposing this change of zone application. Enclosed is a copy of the Ptanni~g Board's resolution of March 26, 1990. WHEREAS the subject property could be developed for residential purposes under the current zoning. BE IT RESOLVED that the Planning Board zecommends denial of the proposed petition. 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. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Halikias - 67, 930 square feet located on the north side of State Road 25 approximately 319 feet East of Cox Lane, Cutchogue. "AC" to "B" General Business. SCTM 91000-97-1-7. Mr. McDonald: Mr. Chairman, I would like to offer the following memorandum to be sent to the town board. The Planning Board wishes to go on record as opposing this change of zone applications. Enclosed is a copy of the Planning Board's resolution of March 26, 1990. WHEREAS the subject property is bounded by residential uses on three sides, and WHEREAS, the s~hject property could be developed for residential purposes, and WHEREAS, one of the purposes of the Master Plan document was to limit strip zoning of commercial development along highway corridors, BE IT RESOLVED that the Planning Board recommends denial of the proposed petition. SOUTHOLD TOWN PLANNING BOARD 20 MARCH 26, 1990 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. Orlowski. Mr. Orlowski: Opposed? So ordered. LOCAL LAW PROPOSALS: Mr. Orlowski: Proposed Local Law - to delete the requirement that recreational facilities located within the residential zoning districts be not-for-profit. What is the pleasure of the board on the recommendation to the town board? Mr. Ward: Mr. Chairman, in relation to the not for profit I would like to offer the following resolution. WHEREAS the proposed amendment to the Zoning Code would allow beach clubs, tennis clubs, country clubs, golf clubs, public golf courses and annual membership clubs and accessory playgrounds, beaches, swimming pools, tennis courts, and recreational buildings to be operated as commercial recreational business open to the public as well as to club members, and; WHEREAS the Planning Board questions the wisdom of allowing co,~u,ercial public recreational enterprises in residential areas due to the significant impact these types of uses may have on traffic~ the environment, and the character and overall quality of life in residential communities, and; WHEREAS, the proposed amendment fails to provide sufficient guidelines and standards whereby the Zoning~ Board could grant such special exception, and thereby protect adjoining residential neighborhoods from the impact of co~L~ercial recreational enterprises, and; WHEREAS, there has been no discussion of providing for commercial recreational uses in other zoning districts, or of the development of effective standards whereby such uses would be safely allowed within residential zones; BE IT RESOLVED, that the Planning Board is opposed to the proposed deletion of Section 100-31B. (c). Further study is recommended, preferably before the Planning and Zoning Committee. Mr. McDonald: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? · SOUTHOLD TOWN PLANNING BOARD 21 MARCH 26, 1990 Ayes: Mr. McDonald, Mr. Ward, Mr. Orlowski, Mr. Edwards. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Proposed Local Law - to delete provision for issuance of Vacant Land Certificate of Occupancies. Mr. McDonald: Mr. Chairman, I would like to make a motion to adopt the following resolution. WHEREAS, the proposed amendment to the Zoning Code would abolish the Vacant Land Certificate of Occupancy, and; WHEREAS, this board finds that the Vacant Land Certificate of Occupancy has been a source of confusion on the part of purchasers of property who assume that the Vacant Land Certificate of Occupancy guarantees that the subject property is a buildable lot, and; WHEREAS, the Vacant Land Certificate of Occupancy does not serve any other discernible purpose; BE IT RESOLVED, that the Planning Board is in support of the proposed deletion of Subsection (D) of Section 284 of Chapter 100 of the Town Code, which authorizes the Building Inspector to issue Vacant Land Certificates of Occupancy. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Orlowski, Mr. Edwardsr Mr. McDonald. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Proposed Local Law- to allow Zoning Board of Appeals to handle applications for Special Exception (instead of the Building Department). Mr. Ward: Mr. Chairman, I would like to offer the following recommendation to the Town Board. WHEREAS the Zoning Code currently requires an applicant for a Special Exception to obtain the application from the Building Department; and WHEREAS the Zoning Board of Appeals is the board before which the applicant must appear in order to obtain the Special Exception; and · SOUTHOLD TOWN PLANNING BOARD 22 MARCH 26, 1990 WHEREAS, the proposed amendment to the Zoning Code would allow the Zoning Board of Appeals to hand out and accept applications for Special Exceptions cases that will appear before it; BE IT RESOLVED, that the Planning Board is in support of the proposed change in Section 262A of Chapter 100 of the Town Code~ which will require the Zoning Board of Appeals to handle applications for Special Exceptions directly. Mr. McDonald: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. McDonald, Mr. Edward~, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: A Proposed Local Law- to prohibit placement {by right) of accessory structures in the required rear yards in residential districts. Mr. McDonald: Mr. Chairman, I make a motion to adopt the following resolution. WHEREAS, the legislative intent is to reinforce the meaning that accessory structures are permitted as of right in rear yards only, and WHEREAS, the Planning Board finds that there are many lots where the side yard is of sufficient width to accc~u~odate such accessory structures within the side yard setback, or where the shape of the lot is such that the required rear yard may be of insufficient, depth to accommodate the placement of accessory structures, but where the side yard is of sufficient width to accommodate such structures within the required side yard setback, WHEREAS, requiring such property o%~ers to apply to the Zoning Board of Appeals for relief would be an unnecessary burden of time and money; and WHEREAS the purpose of so restricting owners of residential and farm properties is not clear; BE IT RESOLVED that the Planning Board is opposed to passage of the proposed amendment. Further study is recommended, preferably before the Planning and Zoning Committee. Mr. Ward: Second. . SOUTHOLD TOWN PLANNING BOARD 23 MARCH 26, 1990 Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Edwards, Mr. Orlowski, Mr. McDonald. Mr. Orlowski: Opposed? So ordered. APPROVAL OF PLANNING BOAR~ MEETING: Board to set Monday, April 9, 1990 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: So moved. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. McDonald, Mr. Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? So moved. APPROVAL OF PLANNING BOAPD MINUTES: Board to approve the February 13, 1990 and March 5, 1990 minutes. Mr. Edwards: So moved. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. McDonald, Mr. Ward, Mr. Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Board.to amend the approval of the November 20, 1989 minutes. Pages 15 and 16 are to include a notation that "there was a discussion with Mr. Bill Moore about the firewell in reference to High Point III. This statement was left out as the tape was inaudible at that point. Mr. Edwards: So moved. Mr. McDonald: Second. . SOUTHOLD TOWN PLANNING BOARD 24 MARCH 26, 1990 Mr. Ortowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Edwards, Mr. McDonald, Mr. Orlowski, Mr. Ward. Mr. Orlowski: Opposed? So ordered. OTHER: Mr. Orlowski: Mr. Thomas Shatvey - This minor subdivision of three lots on 5.913 acres on the west side of Bridge Lane in Cutchogue. SCTM ~1000-84-4-11. Mr. Orlowski: This was approved but expired because of Health Department approval. Everything is in order to approve it again. Mr. Ward: Mr. Chairman, I offer the following resolution. RESOLVED that the Southold Town Planning Board authorize the chairman to endorse the final surveys dated July 13, 1989 with the following condition: The street trees are to be planted in accordance with Section A106-38I and Section A108-41 of the Town Code, trees must be planted before a Certificate of Occupancy is issued. 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, FL. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Mr. Pugliese & Calabrese - Board to discuss this proposal with the applicant. SCTM $1000-97-t-P/O 12. I believe they are here. like to step up? This is a minor subdivision. Would you Mr. Moore: Attorney for the applicant. Right. Mr. Orlowski: You are applying for a Change of Zone on lot one? Mr. Moore: Possibly. Mr. Orlowski: You my not be wanting it. Mr. Moore: May not be. . · SOUTHOLD TOWN PLANNING BOARD 25 MARCH 26, 1990 Mr. McDonald: It's not the applicant's intent to put a winery there? Mr. Moore: It's possible, I mean right now it's AC zoned and we're trying to cut it up into three lots merging three into other property owned by Mr. Pugliese. Mr. McDonald: Let me reask the question. Mr. Moore: I'm not trying to be cute. Mr. McDonald: I know, but the applicant is here. Is it your intent to put a winery on that parcel? Mr. Pugliese: I would like to yes, to be honest. Mr. Pugliese: Does that have anything to do with pertaining to the minor subdivision? Mr. McDonald: By the code it may. Mr. Ward: Our question became really why couldn't we just make this minor subdivision so this lot connected with the..., so in other words, go east and west with the line rather than cutting it this way because then it would mak~ it a continuous parcel. Mr. Moore: Unless you've got an idea, you lose your access to the balance of what is now lot number two. Mr. Ward: You didn't look at the total survey. If you could look at this for just a second. If we could do something, make this the minor and then have this connect through then we wouldn't have to be changing new zones and whatever this became. in the future it is connected and we haue contiguous vineyard what ever it is as part of the residential zone it's just the right to do it. If we make this the set off something along those lines. Mr. Calabrese: Could I answer that? The thing is when we bought the property, me and Mr. Pugli~se. He was going to keep part of it and I was going to keep of it. Ail of a sudden he decided to put a winery. That is not my problem. I don't want to be connected with Mr. Pugliese, I want my property. I want to build a house so I can move there. I mean you know, I have a right to build a house there, I want to move onto my property. I don't understand, we only asked for a minor subdivision. You know I sold my house out west and I can move onto my property. I don't thi~k it's fair. I don't understand what the hold up is. What do I care what he does with his property. Mr. Moore: I understand, if all things were equal, that would be great but they've got an agreement among themselves and it · ~ SOUTHOLD TOWN PLANNING BOARD 26 MARCH 26, 1990 comes out nice and clean the way we have done it, which is twenty acres basically, for each cf them. Mr. Ward: I'm sure you can draw a line and make it twenty acres. Mr. Pegliese: When we bought the property, we agreed he was going to get twenty acres and I was going to get twenty acres. Mr. Ward: I'm not disagreeing with that, I'm just saying draw a different line. Mr. Pegliese: Twenty acres here and twenty acres there? Mr. Moore: Yes, that's right this one has to run up and somehow you end up with twenty over here° Mr. Pegliese: It's not feasible. ~. Calibrese: How would we get 20 acres then, I don't understand? Mr. Pegliese: Mr. Ward, this part, the part that I'm taking is going to be connected to my, I have another twelve acres. will be one parcel then, see this here. It Mr. Ward: What I'm suggesting is that you come in like this. This would all stay yours whether this becomes a house, winery, or whatever it is, there is not change of zone involved. Mr. Pegliese: We were looking at it from your benefit. Mr. Ward: We didn't understand why you would want to go through the gymnastics cause truthfully, change of zone, to be honest with you we would probably be opposed it that. I'm not saying you won't get it. Mr. Pegliese: We had wanted a change of zone when we first bought the property. We had it just like this. ~lr. Schondebare requested that we withdraw our application. On his suggestion we withdrew the application. Fir. McDonald: I think that obviously what you two each need has to be addressed and you need unit and we do want to do it the fastest way but we don't want to have it so it is a self imposed hardship because if you are aware of the possibilities and you go into it in advance, this could become self imposed and then you may not be able to get a winery at all down there. At the very least, you might want a connection, some sort of connection between the properties to make them contiguous. Mr. Calabrese: You see the other problem we had is you know properties invested in a winery. If you. want to take a look at the land the way you are proposing where are you going to put grapes anyway. That would be good for you, it looks good on · ~ SOUTHOLD TOWN PLANNING BOARD 27 MARCH 26, 1990 paper. What about him? Where are you going to put grapes there? Did you look at the property? Are you familiar with the property? Mr. Ward: You mean this is no good up here? Mr. Calabrese: There is a pond in there, there is nothing there so where is he going to plant it. Mr. Orlowski: The way the code is written, in a residential district, the winery has to be attached. Mr. Calabrese: The thing is, I think you should consider the application as it is right now and forget about the winery. The winery is going to be a problem later on. Right now, I want to move here, I want to build my house. That is all I care about. This is not fair. It is a minor subdivision, I mean now we're going to get involved with all this other and it has nothing to -do with that. I want my property and he wants his property. Mr. Ward: Well, you would still have twenty acres, it would just be a little different configttration. Mr. Calahrese: You should go look at the property. There is no way you could plant anything on the other property. Mr. Orlowski: You wouldn't have to it would just be contiguous. We don't have a problem but we are just letting the buyer beware type of thing. Mr. Pugliese: Well, he wants his property back, I can't blame him. Mr. Calabrese: Well, I would like to move here you know, it's like four years, it's crazy. Mr. Pugliese: Maybe I'll put the winery on Bridge Lane, I don't know. Mr. Ward: We just thought by changing the line you could keep your twenty acres. Mr. Pugliese: He wants to move in and I can't blame him. Mr. McDonald: Let's go look at the property. Mr. Moore: One of the things we discussed with Valerie last summer was the question of, the interpretation of the code in the AC Zone and whether it has to be contiguous to part of, I mean the language is not great in view of certain things, anyway Mr. McDonald: We understand. ~ ~ SOUTHOLD TOWN PLANNING BOARD 28 MARCH 26, 1990 Mr. Pugliese: Just so it looks good on paper and then disregard whether it would be good for planting grapes, just because it looks good on paper we'll write it down so we don't make any mistakes. I mean that is not a way to conduct business either. Mr. Moore: Valerie tried to help when she addressed that question by doing like a twenty foot strip of ownership to create a dumbbell s~h piece of property. Two acres down here physically connected to the piece north with a minimum width but in reality again going back to the true typography the intent was to help us there and I respected that, O.K. we'll make it one piece and we'll fit within the definitions of the code call it all part of one parcel in which we have our grapes and we have our winery all on one piece of property. Mr. Ward: It seemed though with the other line I was showing that the cluster down towards the front of the property would still give you the lot you wanted and you could leave the tougher property at the upper end of that strip as the open space. Mr. Calabrese: You see it would only be good to satisfy the code but I mean .... Mr. Ward: I think it would also be a good layout, I think it is not a bad layout. Mr. Cal~brese: But not to plant grapes, I mean for what? Mr. Ward: No, all I'm relating to (inaudible, everyone talking at once). Mr. Orlowski: Is there grapes already planted there? Everyone talking at once. Mr. McDonald: At this point do you have any further intention of subdividing your property? Mr. Calabrese: I don't know, maybe not. Right now, I would really like to move there and then we could discuss, then I could make up my mind but that's another bushel of beans anyway. Mr. Moore: I will send you a letter of confirmation. Mr. McDonald: I want to get out and take a look at it. Mr. Pugliese: Call me and I will show you. Mr. Calabrese: Good idea to go look at it. Mr. McDonald: Mr. Moore will send us a letter with you intentions. ~ · SOUTHOLD TOWN PLANNING BOARD 29 MARCH 26, 1990 Mr. Orlowski: It already has sketch approval and we have to review the Suffolk County Planning Commissions comments. Mr. Ward: Have they come back yet. Mr. Orlowski: Yes, but we haven't reviewed them yet but we will by the next meeting. Mr. Pugliese: My point is that I'm putting into the county preservation and I'm in phase III and it is all approved and. everything. I talked to Mr. Kurtz last week and they told me to call the Real Estate department and they will send a appraiser down. Southold Town appraised it about three years ago but they want to appraise it again. Twenty acres is ~efinitely going to go in. Mr. McDonald: I think we can say we're ver~ much in favor of that. Mr. Calibrese: Thank you. Mr. Orlowski: O.K., Mr. Haefili is here representing Cliffside Assoicates which has a slight problem. Mr. Haefili: I think what I wanted to start with is I went out there after this came up and what has taken place is they cut the brambles back in the 1D0 foot and from what my client tells me this property was purchased in 1984 or 1985 and when theywere ready to get the approvals back then, they' went out and cut down all of the trees to start for the site preparation because at that point and time the set back was 50 feet. We then had major discussions, as you know, whether the setback was going to be 50 or I00 feet. When they started clearing it recently, there were some trees that had some second growths, you know limbs that were coming out. They were cut back, a couple of those were cut back so you if you go out there now you're going to see stumps that are a combination of some old stumps and you're going to see some new ones hut there were no trees there. Thereis no bulldozer that has been put into that 100 foot setback area. That whole area as I said was the brambles that were cut back and I'm here now to find out where we go from here. As far as redoing it, I mean if you want us to go in and rip up what is there and put in new vegetation fine but I think if you go out and look you will find that the existing vegetation in that 100 foot area is still there. We also have a problem since we are here on this and I know I brought this up at the very beginning. The problem we have is, we have one of those buildings that's, at the 100 foot set back. I'm not sure if you were around but I know I. spoke with Dave Emmilita on this at the very beginning. You've got a 100 foot setback here. We have the building, building B and A but specifically B, we're right on the 100 foot setback. When SOUTHOLD TOWN PLANNING BOARD 30 MARCH 26, 1990 we go in to do construction, we're going te be coming into this area by about roughly 20 or 25 feet and we're going to have to backfill etc. so that's a problem that was there when the 100 foot was in and I know we discussed it with several people indicating that we would be going in here at least as far as that part is concerned. Mr. McDonald: What does that resolution say as far as the setback? There's not any clearing or grading outside of that lot? Mr. Haefeli: No, there is nothing in your resolution? The resolution itself says that it is part of the plan and the plans are attached.. Here is your resolution right there. Mr. McDonald: Those are the ones we asked be put on the plans. You don't have to read the whole thing. Mr. Haefeli: I think that is the entire resolution, in fact here it is. Here is a copy. You have two buildings down in here. This building is in here and that has to be removed. Mr. McDonald: Is there any mention on the site plan that that building has to be removed? Mr. Haefeli: That from a point of view is not a problem because this is an area where we're putting the walk down no matter how you want to look at it. Mr. Ward: What is your intent in this area? Mro Haefeti: Let it grow back in. Now if you want us to put something else in there fine but what is there will be grown back up once the season starts. All it was, it was the same as if you cut grass, it is going to start growing. Mr. Ward: Are you going to do any grubbing in there? You didn't grub out anything? Mr. Haefli: What does grubbing mean. Mr. Ward: Digging it out, running blades through there and digging it out. Mr. Haefli: No sir. The grading went to this point and from this point there was no grading done. They used some sort of a thing to cut back the bramble. What I'm pointing out to you, no matter what we do, we have a problem in here. I think if you walked out here you are going to see what was there is still there. Mr. McDonald: One of the problems was that several times we have asked you to get the barrier up for erosion and it didn't SOUTHOLD~ PLANNING BOARD 31 MARCH 26, 1990 go up until --- several times we asked for it and it hadn't gone up and then this happened and. the barrier went up after. Mr. Haefli: I thought this one was up. Mr. McDonald: We made several inspections and it wasn't there. Mr. Haefeli: When they started bulldozing. Mr. McDonald: We were there on several occasions where it didn't exist° That is probably one of the reasons you probably went over because you failed to put up your erosion control measures. At this point, I guess one of the problems is building where the set back line is because while we could find it before because it was staked we can no longer find it because. they are all gone. Mr. Haefeli: I wasn't looking for stakes. When I went out there, there was an erosion control line and my client also tells me since then that they have put hay bales up along this side. Mr. McDonald: Should we have an inspection? Mr. Orlowski: When we approved that, a lot of things weren't put in the resolution because the zoning board had some things in and one of the things was that all construction was to be setback a minimum of 100 feet from the bluff. Mr. Haefeli: Oh yeah, there was no question about that. Mr. Orlowski: Erosion and control plans as indicated in the draft environmental impact statement and it is the suggestion of the board for the special exception that hay and straw bails be placed outside the 100 foot mark during construction . Mr. Edwards: I think we should go look at it and see if replanting is needed. Mr. Orlowski: Suppose the board makes an inspection out there with someone from your group and we'll make a decision out on the field. We'll schedule it tentatively for this Friday about 4:00. Mr. Haefeli: Thank you very much. Mr. Orlowski: I have nothing further on my agenda, I'll ask if there are any questions from anyone. Donna Geraghty: I'm sorry, I came in late and I wanted to know what the determination was on S~Lm~it Estates? SOUTHOLD TO,tN PLANNING BOARD 32 MARCH 26, 1990 Mr. Orlowski: We granted sketch approval. Mr. McDonald: Read the resolution to her. Mr. Orlowski: O.K. any other questions? Mrs. Ronnie Wacker: I don't have a question hut I just wanted to say one thing. The NFEC wanted to congratulate you on your decision on the affordeble housing tonight. It seems to me that there are a lot of questions on affordable housing and we tend to say well we all need affordable housing so no matter what happens we're going to take what is offered to us and I think that you showed concern for the problems that could arise after seven years when these people might sell off for three times the amount they pay. I think it is a legitimate concern. Mr. Orlowski: We felt that strongly since the day it was adopted. I mean we have always felt that way and now that these projects are coming in left and right because it is a lucrative market we may be back seeking your help. Any other questions? Board: No questions. Mr.· Orlowski: No further questions, I'll entertain a motion to adjourn. Mr. Edwards: So moved. Mr. Ward: Second. Mr. Orlowski: Ail those in favor? Ayes: Mr. Edwards, Mr. McDonald, Mr. Ward, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Being there was not further business the meeting was adjourned at 8:35 p.m.. RECEIVED AND FILED BY Tow~ Clerk, Town o~ Sou~hol~ ~ Bennett O~owski[ ~r. ' Chairman ~ Respectfully submitted: Jane Rousseau, Temporary Secretary