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HomeMy WebLinkAboutPB-04/30/1990PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone ~516) 765-1938 PLANNING BOARD OFFICE TOWN OF $OUTHOLD SOUTHOLD TOWN PLANNING BOARD SCOYf L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 MINUTES APRIL 30, 1990 Present were: Bennett Orlowski, Jr., Chairman G. Richie Latham, Richard Ward Mark McDonald Valerie Scopaz, Town Planner Melissa Spiro, Planner Holly Perrione, Secretary Jane Rousseau, Secretary Absent due to weather: Ken Edwards Mr. Orlowski: Good evening, I would like to'call this meeting to order. First order of business is Public Hearings, Subdivisions - Final, 7:30 p.m. Anthony and Helen Dris - This minor subdivision is for three lots on 9.6526 acres located on the west side of Breakwater Road; 186.37 feet south of Stanley Road in Mattituck. SCTM ~1000-106-8-20.1; We have proof of publication in both 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. Pete Danowski: I represent Helen Dris and we certainly would like this to be approved. Mr. Orlowski: Any other endorsements? 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. Thank you for coming. PLJUNNING BOARD 2 APRIL 30, 1990 Mr. Orlowski: 7:35 p.m. Subdivisions - Preliminary: Cornfields - This major subdivision is for ten lots on 20.9955 acres on .the-east side of Youngs Avenue; approximately 500 feet north of Middle Road (C.R. 48) in Southold. SCTM ~1000-55-2-9-1. We have proof of publication in both local papers and at this time everything is in order for a preliminary hearing. I'll ask if there are any objections to this subdivision? Hearing none, are there any endorsements of this subdivision? Mr. Henry Raynor: Representing the applicant and I would respectfully request that this be approved. Thank you. Mr. Orlowski: Any other endorsements of this subdivision? Hearing none, any questions from the board? Board: No questions. Mr. Orlowski: Being no further questions, I'll declare this hearing closed. Mr. Orlowski: Since there are no questions, does that board have any pleasure on this preliminary map. Mr. Ward: Mr. Chairman, I would like to make a motion that we grant preliminary approval on the maps dated F_ebruary 12 1990, for this major subdivision. ' Mr. McDonald: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Orlowski, Mr. Mcdonald, Mr. Latham. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: 7:40 p.m. - The North Forty - This major subdivision is for thirteen lots on 30.35~5 acres on the south side of Oregon Road; 621 feet west of Depot Lane in Cutchogue. SCTM %t000-95-4-14-1. We have proof of publication in both 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? Mr. Pete Danowski: I represent the owners of this land, George McDowell and Walter Gatz. This is one of the maps that I believe I sent to the Planning Board, an alternate way to own the open space and this is one that perhaps if I can PLANNING BOARD 3 APRIL 30, 1990 convince the Planning Board and any other people such as the Town Attorney or the Planning Board or the Town Board, I would like perhaps to keep the final public hearing either ~open or perhaps get the chance to gain a final approval subject to the revised map in alternate form as I have forwarded into the board. It is basically my position and I think I have outlined it with this application and others but I would like a large lot on the rear of this parcel where the open space is guaranteed with the same amount of acreage but to be owned by a lot owner and I have suggested an alternate plan that it be lot owner n~mber nine. I think this would aid the town and create the same open space and perhaps keep somebody in local farming. It is a large enough track for a farmer to own it and farmers have rented it over the course of the last several years. All of the other plans that have been submitted have been revised consistent with your comments, we've put scer~c buffers, we've limited access, we've created a large open space area. It's merely the method of ownership that I would ask you to consider to be in the ownership of one lot owner, I am suggesting lot owner number nine. Mr. Orlowski: O.K., any other endorsements of this subdivision? Hearing none, is there anyone out there neither pro nor con but may have information pertaining to this subdivision that would be of interest to the board? Hearing none, any questions from the board? Mr. Latham? Mr. Latham: No ~estions. Mr. Orlowski: Mr. Ward? Mr. Ward: Have you talked to the Town Attorney? Mr. Danowski: I haven't c~m~unicated with him but I have asked for an appointment and I will also supply him with the proposed legislation amendments or resolutions and try to get his support so he can come and give you private advise about the legalities which I suggest. It is my position and I think I have tried to make it clear over a period of time. Other town's have done it, there is no prohibition under the New York State Town Law. You are creating the same open space, it is a form of ownership that can be approved bythe town and your own code permits it to be done. Any other purpose or ownership as allowed by the town board so it is certainly legal to do it but the question is whether the board feels they want to do it and certainly they privately have the right to be concerned with the method of ownership they want and I ~hink that perhaps you should from map to map look at it individually and have the discretion to allow it in some cases and not allow it in others and that is what I would be suggesting to your attorney. Mr. Orlowski: Mr. McDonald? PLANNING BOARD 4 APRIL 30, 1990 Mr. McDonald: Do you have any objections to ent~rinq conservation easements on strips abutting residentiai areas or buffer areas between whatever activities are going to take place? Mr. Danowski: No, I think that we typically try and would be willing to volunteer that on every map where there is agricultural spaces near by, we've many times buffered twenty-five feet off the edge of the properties on any map. Any kind of suggestion with regard to covenants we will gladly give you. Mr. Orlowski: O.K., Ms. Scopaz any questions? Ms. Scopaz: No, not at the moment. Mr. Orlowski: The board is somewhat receptive of your idea and we would also like to go over this with our Town Attorney so we will keep this public hearing open. Mr. Danowski: I have no objection to that and in the meantime I think by the next work session meeting I should be able to get together with the Town Attorney and supply him with the information. Mr. Orlowski: O.K.. Mr. Danowski: If you want me to meet, I will meet, if not I won't. Thanks. Mr. Orlowski: I'll entertain a motion to keep this hearing open. Mr. Latham: So moved. Mr. McDonald: Second. Mr. Orlowski: Motion made and seconded. Any questions, on the motion? All those in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Ward, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Hearings Held Over From Previous Meetings: Mr. Orlowski: Doris Price Moeller Foster - This minor subdivision is for three lots on 8.5 acres located at Cutchogue. SCTM ~1000-103-9-13. At this time everything is in order to close the hearing. I'll entertain a motion. Mr. McDonald: I move that we close this hearing. PLANNING BOARD 5 APRIL 30, 1990 Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. McDonald, Fir. Ward, Mr. Latham, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: What is the pleasure of the board? Mr. McDonald: Mr. Chairman, I would like to make the following motion. WHEREAS, Doris Price Moeller Foster is the owner of the property known and designated as SCTM $1000-103-9-13, located at the west side of Little Neck Road; 545.15 feet south of Wilson Road in Cutchogue; and WHEREAS, this minor subdivision, to be known as Doris Price Moeller Foster Minor Subdivision, for three tots on 8.5 acres; and WHEREAS, Tbs 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 19, 1990; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on April 30, 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 SoutholdTown Planning Board approve and authorize the Chairman to endorse the final survey dated March 29, 1990. ~ir. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Ward, Mr. McDonald, Mr. Orlowski~ Mr. Orlowski: Opposed? So ordered. (Chairman signed maps) Final Determinations: PLANNING BOARD 6 APRIL 30, 1990 Mr. Orlowski: Scott Kaufman This minor subdivision is for three lots on 6.889 acres located at Cutchogue. SCTM %1000-97-3-20. Mr. Ward: 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 July 31, 1989, with the following condition: 1. That no building permits be issued until the fire well has been installed by the developer and accepted by the Cutchogue Fire District. Mr. McDonald: Second. Mr. Ortowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. McDonald, Mr. Orlowski, Mr. Ward. Mr. Orlowski: Opposed? So ordered. (Chairman endorsed maps) Mr. Orlowski: James N. Bailey - This lot line change is located on Fishers Island. SCTM 91000-12-2-6...10. Mr. McDonald: Mr. Chairman, I would like to offer the following motion. WHEREAS, James N. Bailey is the owner of the property known and designated as SCTM %1000-11-2-6.10 and Anne N. Pickett and the Estate of Ruth Pickett are the owners of the property known and designated at SCTM ~1000-12-1-6.11 located off Oriental Avenue on Fishers Island in Southold; and WHEREAS, a complete application for the approval of this lot line change, to be known as James N. Bailey lot line change was s'~bmitted on September 11, 1989; 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 Declarakion on December 18, 1989; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on March 5, 1990; and WHEREAS, all the requirements of the Site Plan Regulations of the Town of Southold have been met; and PLANNING BOARD 7 APRIL 30, 1990 be it therefore, RESOLVED, that the Southold Town Planning Board grant conditional final approval, and authorize the Chairman to endorse the final surveys dated January 5, 1990 subject to fulfillment of the following conditions. All conditions must be met within six (6) months of the date of this resolution. Satisfactory review of the covenants and restrictions by the Planning Board and the Town Attorney. Filing of the covenants and restrictions in the County Clerk's office and the following note placed on the final maps (5 paper prints): a Declaration of Covenants and Restrictions has been filed in. the Suffolk County Clerk's office which affects lots in this subdivision. The Liber and page number of the filed covenants and restrictions must be place on the final map. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr.Ward, Mr. Orlowski, Mr. McDonald. Mr. Orlowski: Opposed? SO moved. Mr. Orlowski: North Road Associates - This major subdivision is on 16.886 acres located in Orient. ~I000-t8-4-1.3. Mr. Latham: Mr. Chairman, I will make the following motion. RESOLVED to extend the time period in whick the Planning board must take action after the final hearing for an additional 46 days. The extension will run until June 25, 1990. Rudolph Bruer, agent for the applicant, has agreed to this extension of time. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Latham, Mr. Orlowski, Mr. McDonald. Mr. Orlowski: Opposed? So ordered. PLANNING BOARD ~ APRIL 30, 1990 Conditional Final Approval Extensions: Mr. Orlowski: Wild Oats - This major subdivision is for six lots on 14.734 acres located on the northwesterly corner of Indian Neck Lane and Leslie's Road at Peconic. SCTM 91000-86-4-6. Mr. Ward: Mr. Chairman, I would like to offer the following motion. RESOLVED that the Southold Town Planning Board grant a ninety (90) day extension of conditional final approval. Conditional final approval was granted on Nove~er 20, 1989. 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. Orlowski. Mr. Orlowski: Opposed? So ordered. Setting of Preliminary Hearings: Mr. Orlowski: East Coast Properties - This minor subdivision is for five lots on i0.806 acres located on the west side of Alvah's Lane; 113 feet north o~ County Road 48 in Cutchogue. SCTM 91000-101-1-16.1. Mr. Orlowski: I would like to make a motion that the Southold Town Planning Board se~ Monday, May t4, 1990 at 7:30 p.m. for a preliminary public hearing on the maps dated February 5, 1990. 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. McDonald. Mr. Orlowski: Opposed? So ordered. ***************************************** Preliminary Extensions: Mr. Orlowski: Franklinvitle Homes - This major subdivision is for fifteen lots on 35~876 acres located at Laurel. PLANNING BOARD 9 APRIL 30, 1990 SCTM 81000-125-2-2.2 Mr. Orlowski: I would like to make a motion. RESOLVED that the Southold Town Planning Board grant a six month extension of preliminary approval from April 16, 1990 to October 16, 1990. 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. Orlowski. Mr. Orlowski: Opposed? So ordered. SKETCH EXTENSIONS: Mr. Orlowski: Philip Birndorf & Joseph M. Rizzo - This major subdivision is for four lots on 9.111 acres located at Cutchogue. SCTM ~1000-97-3-1. Mr. Latham: I would like to make a motion. RESOLVED that the Southold Town Planning Board grant a six month extension of sketch approval from July 18 1990 to January 18, 1991. ' Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. Orlowski, Mr. Latham, Mr. McDonald. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Thomas W. Russell, Jr. - This minor subdivision is for two lots on 2.22 acres located on Heathulie Avenue and Beach Avenue on Fishers Island. SCTM $ 1800-9-11-9.t. Mr. McDonald: Mr. Chairman, I would like to make the following motion. RESOLVED that the Southold Town Planning Board gra~t a six month extension of sketch apDroval from July 18 1990 to January 18, 1991. ' PLANNING BOARD 10 APRIL 30, 1990 Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Ward, Mr. McDonald, Mr. Orlowskio Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Henry Rutkowski This minor subdivision is for two lots on 4.7959 acres located on Wickham Avenue at Mattituck. SCTM ~ 1000-108-1-2. Mr. McDonald: I would like to make a motion. RESOLVED that the Southold Town Planning Board g~ant a six month extension of sketch approval from June 5, 1990 to December 5, 1990. Please note that this is the last extension that the Planning Board will be granting. Mr. Ward: Second. ~r. Orlowski: Motion made and seconded. Any qu~stions on the motion? All those in favor? Ayes: Mr. Ward, Mr. McDonald, Mr. Latham, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. REVIEW OF REPORTS: Suffolk County Planning Commission: Mr. Orlowski: East Coast Properties - SCTM ~ 1000-101-1-16.1 Mr. Ward: Mr. Chairman, I would like to make the following motion. RESOLVED to override the April 5, 1990 Suffolk County Planning Commission Report. The Planning Board recognizes the concerns of the Planning Commission. The Board has tried to achieve the same effect as requested by the Commission, with the use of easements and building envelopes. Building envelopes were required for the Minor Subdivision of Giora Hanoch and Harold Watts to achieve a "clustered" e~fect. Front and rear scenic easements PLANNING BOA!~D 11 APRIL 30, 1990 have been requested for the major subdivision of East Coast Properties for the same reason. In addition, in this case the Planning Board felt that private ownership was a better approach then a Homeowner's Association. Mr. M~Donald: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Ward, Mr. McDonald, Mr. Latham, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Review of Reports: Engineer's Report Mr. Orlowski: Howard Rosenstone - This minor subdivision is on 13.64 acres located on the south side of Oregon Road; 222.07 feet east of Cox's Lane at Cutcho~ue. SCTM $i000-83-3-2. Mr. McDonald: Mr. Chairman, I would like to make a motion. RESOLVED to adopt the engineer's report dated March 29, 1990. RESOLVED to adopt the bond estimate dated March 29, 1990, and to reco~L,L~end same to the Town Board. The bond estimate is in the amount of $117,387.50, with an inspection fee in the amount of $7,043.25. Note: A motion was put forth later in the meeting: RESOLVED to add another $10,000.00 for a firewellto the bond estimate. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? Mr. Latham: Before I vote, I would like to see a passbook on that or a letter of credit. They used to due it but the prices got so high. Mr. Orlowski: We will suggest that we would like to see a passbook or a letter of credit. O.K., we had a motion made and seconded. All those in favor? Ayes: Mr. Latham, Mr. Ward, Mr. Orlowski, Mr. McDonald. Mr. Orlowski: Opposed? So ordered. PLANNING BOARD 12 APRIL 30, 1990 Bond Determinations: Mr. Orlowski: Highpoint and East Marion Section III. SCTM ~ i000-31-11.25. Mr. Ward: Mr. Chairman, I would like to offer the following motion. RESOLVED that the Southold Town Planning Board recommend to the Town Board that they release the Letter of Credit for the amount of $44,350.00t for the major subdivision of Highpoint at East Marion, Section III. The Planning Board is in receipt of reports from both the office of Sidney B. Bowne and Son and Raymond Jacobs stating that all work has been completed satisfactorily and recommending release of the bond. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Ward, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. I would just like to Note that the fire well has not been installed and the Planning Board is not recommending that the $10,000.00 Letter of Credit be released at this time. So that is still in effect until pending litigation. Final 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. McDonald: Mr. Chairman, I would like to make the following motion. WHEREAS, Jerry Gambone and Ken Zapkus are the owners of the property known and designated as SCTM ~1000-61-1-12, located at 55415 Main Road, at Southold; and WHEREAS, a formal application for the approval of this site plan was submitted on January 16, 1990; and PLANNING BOARD 13 APRIL 30, 1990 WHEREAS, on January 9, 1990, the Zoning Board of Appeals granted a Special Exception for permission to have a rental apartment over an office 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 26, 1990; and WHEREAS, all the requirements of the Site Plan Regulations of the Town of Southold have been met; and be it therefore, RESOLVED, that the Southold Town Planning Board approve and authorize the Chairman to endorse the final survey prepared by Victoria Weile and received by the Planning Board on February 13, 1990. Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Ward, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. (Chairman endorsed maps) Mr. Orlowski: Mattituck Airport - Site plan for proposed 2,240 square foot addition to existing storage building. Mr. Ward: Mr. Chairman, I would like to offer the following motion. WHEREAS, J. Parker Wickham is the owner of the property known and designated as Mattituck Airport, SCTM ~ 1000-12-1-2, located at Airway Drive at Mattituck; and WHEREAS, a formal application for the approval of this site plan was submitted on October 22, 1989; and WHEREAS, on February 15, 1990, the Zoning Board of Appeals granted a variance for the construction of a building for storage of antique vehicles; 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 26, 1990; and WHEREAS, all the requirements of the Site Plan Regulations of the Town of Southotd have been met; and PLANNING BOARD 14 APRIL 30, 1990 be it therefore, RESOLVED, that the Southold Town Planning Board approve and authorize the Chairman to endorse the final survey dated April 4, 1990. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the mOtion? All those in favor? Ayes: Mr. Latham, Mr. Orlowski, Mr. McDonald, Mr. Ward. Mr. Orlowski: Opposed? So ordered. (Chairman endorsed maps) **************************************** SETTING OF NEXT PLANNING BOARD F~TING Mr. Orlowski: Board to set Monday, May 14, 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. 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. McDonald. Mr. Orlowski: Opposed? So ordered. APPROVAL OF PLANNING BOARD MINUTES: Mro Orlowski: Board to approve the April 9, 1990 minutes. Mr. Latham: So moved. Mr. McDonald: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. McDonald, Mr. Orlowski, Mr. Ward. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: The August 25, 1989 minutes. Mr. Latham: So moved. PLANNING BOARD 15 APRIL 30, 1990 Mr. Ward: Second. Mr. Orlowski: Motion made and seconded. motion? Ail those in favor? Mr. Ortowski: Mr. Orlowski: Mr. McDonald: Any questions on the Opposed? So ordered. The minutes of October 17, 1988. So moved. Mr. Ward: Second. Mr. Orlowski: Motion made and seconde~. Any questions on the motion? All those in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Ward, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. OTHER: Mr. Orlowski: Catherine Lindsay Hinterliter and William Lindsay, Jr. - Board to authorize re-endorsement of the final surveys. SCTM ~ 1000-113-7-2.1 & 2.3. Mr. McDonald: Mr. Chairman, I would like to make the following motion. RESOLVED that the Southold Town Planning Board authorize the Chairman to endorse the final surveys dated April 9, 1990. This subdivision was approved on March 5, 1990 and endorsed on the same date. However, as the maps were not in proper form to be filed in the Office of the County Clerk, it was necessary that the maps be re-endorsed by the Chairman. 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. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: The Planning Board proposes to schedule a public hearing on a proposed amendment to the Subdivision PLANNING BOARD 16 APRIL 30, 1990 Regulations, specifically Section A106-38E (3) (Money in lieu of land) at the next scheduled meeting on May 14, 1990. Mr. Ward: So moved. 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. Latham. Mr. Orlowski: Opposed? So ordered. Mr. Latham: Howard Rosenstone, you were talking about putting a fire well. I think a separate bond for firewells and I think it is a good idea. Why can't we do that with Howard Rosenstone, it's a minor subdivision. We should do something like that. Mr. Orlowski: Do you want to amend the motion on the bond determination to add an extra $10,000.00 for a firewell? Mr. McDonald: I will amend my motion. Mr. Orlowski: We have a motion made by Mr. McDonald and seconded by Mr. Ward. Any questions on the motion? All those in favor? Ayes: Mr. McDonald, Mr. Ward, Mr. Orlowski, Mr. Latham. Mr. Orlowski: Opposed? So ordered. Nancy Sawastynowicz - I've just been attending a Town Board meeting on the zone change for the Town Code Chapter 100 and Councilmen Penny keeps referring to this board as saying that they suggested changing the zone on the boat slip parking requirements and I just wanted to address the board and ask them why they would want to change it? It has been addressed to us in Town Hall that you recommended it. Mr. Orlowski: Well, there have been some problems with it and we worked on it for a year with a lot of people and a lot of concerned marine owners but also we took the advice of other people such as Ruth Oliva and other groups and came up with this. We really thought it was a good proposal and we did a complete survey of all the marina's and found out that it was fitting and I don't know, but does the board have any comments? PLANNING BOARD 17 APRIL 30, 1990 Mr. Ward: Just that across the board it is pretty much the industry standards in terms of the rack storage requirements versus in water slips and that really the code as we had we felt was much too restricted but there are only certain limited areas in the town where the expansion of marina's can really take place. It really maximizes those particular a~eas rather than trying to open up other areas. We felt that it was better to do this. Now on the other hand, the way we felt about it, a marina operator is not going to do it, if in fact it is not going to work. In other words, if he needs, let's say there's four rack storage boats for one parking space. If this national averages show that only one out of four are out on peak week-ends anyway. If in fact it is two out of four, he is going to be in big trouble if he doesn't provide pa~king. Nancy Sawastynowicz: Because other states, for instance Connecticut have this old zoning map which was the code and they had no problems with it and I just thought that it would increase the problem of expanding old marina's and I was just concerned with why the board felt that way but I'm glad that you explained it. Thank you. Mr. Orlowski: There was a complete survey done in the town and you can pick up a copy of it. We did a lot of work on it, I mean I know it was chewed up the other night but we just wanted to standardize something so the Planning Board can work with it but we'll have to go from where we are I guess or whatever happens. Any other questions or comments from~the audienoe? Mr. Pugliese: Mr. Chairman, I currently have an application with the Zoning Board and Planning Board for a winery and it has been going on for some time and I really want to get the winery open because you know I grow the grapes over here in $outhold and I want to sell the wine like everybody else does and it seems like you know, I don't want to have an attorney, you know I have problems, I want to deal direct, I want to do what is right and I feel that I'm nou doing anything that any other winery has not done. I feel that I hOpe the Planning Board will look into this a little better and I don't expect any answers tonight and you would look into it and help me out in this matter. I'm like, I'm a farmer, and if you don't sell you product you are in trouble and the time has come that I'm getting in trouble now. Mr. Orlowski: Where is the winery? Mr. Pugliese: It's located on the Main Road in Cutchogue. Mr. McDonald: Where about on the Main Road would it be? Mr. Pugliese: It's west of Bridge Lane. Mr. McDonald: In the subdivision? Do you have it pending now? PLANNING BOARD 18 APRIL 30, 1990 Mr. Pugliese: The subdivision is something else but I have the winery and I have been making wine there for the last three years. Mr. McDonald: But it is the lot? Mr. Pugliese: Yes, right. Mr. Latham: You have been making wine? Mr. Pugliese: I've been making wine for the last three years. I have my wine on the market. Mr. McDonald: What do you need from the Zoning Board of Appeals? Mr. Pugliese: Well, I don't know, I put an application in two years ago. Mr. McDonald: You must have made an application for a relief of something. What did you need relief from? Mr. Pugliese: Well, any winery needs a special exemption that is the code. I'm not a lawyer but every winery needs a special exemption. I just hope that you find it in your next meeting to try to review it. Mr. McDonald: We won't be able to move ahead without the Zoning Board of Appeals. Mr. Orlowski: We have to wait for the Zoning Board of Appeals. Mr. Pugliese: I would appreciate it if you would try to help me out. Mr. Latham: In the meantime you're making wine. Mr. Pugliese: I've been making wine. I have been making wine for the last three years. Mr. Orlowski: The problem you are creating with this subdivision is not having the property contingent with the vineyard. Mr. Pugliese: Yes, but no winery is contingent with the vineyard. There are not many that are Primarily grown and contigent with the vineyard. Mr. McDonald: Do others have large holdings next to the winery? Mr. Pugliese: I don't want to single anybody out. Large holdings and primarily are two different things. Do you know what I am trying to say. PLANNING BOARD 19 APRIL 30, 1990 Mr. McDonald: I think I know what you're saying. You are saying that even if they have a large contiguous section that it is not all of their production. Mr. Pugliese: Right, according to the zoning laws primarily means 51%. Maybe, I'm mistaken but the way I see it it primarily means 51%. Primarily means most of the grapes. Mr. McDonald: You would be setting it off on a lot that had none of the grapes being grown on it. Mr. Pugliese: I'll have a few grapes growing on it. Mr. McDonald: A two acre lot? Mr. Pugliese: Sure. Mr. Latham: You are waiting for the Zoning Board? Mr. Pugliese: Well, I have the application with the Zoning Board, I guess they are busy too. I'm not trying to push anybody. But the thing is, I'm a farmer and I have to sell my property now. I don't have partners and I live in the town and this is my livelihood. I came out here ten years ago and used to sell my grapes in 1986 and then I started making the wine. Mr. Orlowski: It's been at the Zoning Board for two years? Mr. Pugliese: Sure, approximately. Mr. Orlowski: Why has it been there so long? Mr. Pugliese: I really don't know. Maybe they've got their hands full. Mr. McDonald: There has been some difficulty between you and your partner reaching a complete understanding on this property. Has that been part of the problem? Mr. Pugliese: No, it's clear cut with him, he wants his plat and I want my plat. Mr. McDonald: But, he has to make this application with you at the Zoning Board of Appeals because you don't have a subdivided property down there yet. Right? You don't have this as a separate and single lot, it is part of a larger piece. So you're obligation at the Zoning Board of Appeals is both you and your partner. Mr. Pugliese: No, it's me looking for the winery. He has nothing to do with it. Mr. McDonald: You don't own the property separately thought you own it jointly. PLANNING BOARD 20 APRIL 30, 1990 Mr. Pugliese: Mr. McDonald: wouldn't you? Mr. Pugliese: Right. So you would have to have a joint application Well, I don't know, I don't know about that. If the property was owned by 20 people and I'm applying for the winery it's not owned by 10 people just my wife and myself we own the winery. Nobody is involved with the winery. I grow the grapes and I have 32 acres in the back and I have currently 20 acres planted. I'm putting 20 acres in the farmland preservation because I'm for open space, now like I said you got to try and help me now. I'm a farmer. Now, I come here tonight and all I see is subdivisions and lots and houses going up. If you want to be for farming a little bit you've got to try and help me a little bit. Mr. Orlowski: never seen the believe it has Mr. Pugliese: Mr. Orlowski: Mr. Pugliese: years whatever I think we are but I would like to say we have application for the winery yet and I can't been there for two years. Where's that? At the Zoning Board. Well., it's been here a year and a half or two it is. Mr. Orlowski: We can't entertain it until the Zoning Board grants you a special exception. What I would suggest, if you really want to speed things up is while you are over there at the Zoning Board you'll have to make an application for a variance. Mr. Pugliese: I have an application for a special exemption. Mr. Orlowski: But now you are going to need one after this subdivision because these parcels are not going to be contingent. Mr. Pugliese: They better change the code then because most of the wineries are not contingent. Mr. Orlowski: But I think that while you are over there now, you could get your variance and may be allowed to do it since it has taken two years to wait to get a special exception. I would add this on and go at it that way. Mr. Pugliese: I don't see anything wrong. I have the property on Bridge Lane and it is better for a winery on the Main Road because it is more commercial on the Main Road and to come back and submit a plan to have a winery on Bridge Lane, I don't know if anybody is familiar with Bridge Lane. Bridge Lane is suppose to be residential so the winery is better on the Main PLANNING BOARD 21 APRIL 30, 1990 Road and that is why I have the application for the winery. I am the smallest one out there~ Mr. Orlowski: Well, we're not against it at all, I mean we're just saying you might think about proceeding that way since it is over there. Mr. Pugliese: Ask for a variance? Mr. Orlowski: This board is locked into not approving it if we grant a subdivision, the site plan. If we approve the subdivision, and you are proceeding with that, then there is no way we can approve the site plan because the winery is not contiguous to the vineyard. Mr. Pugliese: Not contiguous. Does it say anyplace in the town code that the winery has to be contiguous? Mro Orlowski: It does. Mr. Ward: In a residential zone. Mr. Pugliese: It doesn't say contiguous, there is no word in the town code with that word contiguous. The only thing it says is primarily grown° There is no such word as contiguous, I don't know where that word comes from.. I don't know where that word contiguous comes in but I keep hearing it pop up in my application. The thing is primarily grown and I'm primarily grown. I grow all my grapes, I do not buy any grapes from nobody, everything is mine. I grow it on my property in Cutchogue, on Bridge Lane and that is it. Mr. McDonald: We'll be happy to review the code, we have no Problem with that. I'd be happy to review that section of the code. Mr. Pugliese: The man says contiguous but I don't see it in the code. The only thing in there is primarily grown. I grow all my grapes. Thank you very much. Mr. Orlowski: O.K., any other questions? Hearing none any questions from the board? Ms. Scopaz: I just want to mention that what Mr. Pugliese is mentioning is really he is pointing out inconsistency that occurs within the code. The Town Board changed the code last year to allow a winery to exist in isolation from a vineyard in all the business districts and yet they are saying that in the agricultural cultural district you have to have the winery in association with a vineyard. So, basically what he is saying is that he has a situation where he wants to have what a business zone is entitled to have and yet the way the code is worded he can't do it unless he goes for a change of zone or he goes to the Zoning Board. of Appeals. PLANNING BOARD 22 APRIL 30, 1990 Mr. Ward: The purpose was to specifically do that in the residential zone because personally I wouldn't want to see a big winery come n~xt door to me on two acres of land or one acrs. Ms. Scopaz: I'm not saying I'm in agreement with it, I'm just saying that the Town's initial changing of the code doesn't make sense. Mr. Ward: It does make sense. The code is absolutely clear the way it should be. It is not wrong. Ms. Scopaz: It allows for business uses, a winery, to exist separate from a vineyard. Mr. Ward: It is a business property, it is an intensive use and it is a good use of the property. We have said we would like to promote wineries. That is the whole purpose of part of the Master Plan. Ms. Scopaz: Well, we have to consider that most business properties are very small and they're in the downtown business district. Mr. Ward: I'm just saying that to put it in tbs subdivision where you have acre lots doesn't make sense. Mr. Pugliese: That is my contention, that my winery, to be contiguous, it will have to be on Bridge Lane where it is all residential. Mr. Ward: When you came in last, we did show you a way of making it contiguous and all you are doing is fighting that switch and you are going to make it so that you are going to have to go for the variance. Mr. Pugliese: I really didn't come out here to o~ a vineyard, I just came out here to retire. I got involved a little at a time. I bought twelve acres, I planted it and all I know is that there was forty-two acres for sale next to me and the reason I pursued it is I don't want to see houses go up all over the place and that is the only reason I pursued it. I couldn't afford the property alone so I went in partners with somebody. Now, Valerie has seen the map and we had an eighteen house subdivision on that property which I didn't want to go with. We had it drawn up by the surveyor and everything and I backed out I said I dOn't want it. I went with th~ grapes. Whatever he does is his business now. He is a little angry, he wants his half and I want my half. I can't help it now. In a way I'm stuck. My contention is that we have to look at it that the winery, I hope you are familiar with it on Bridge Lane, is residential. There are houses there and I feel that I don't want the winery there. On Main Road you know there is nobody around me and there is another forty or forty-five acre vineyard PLANNING BOARD 23 APRIL 30, 1990 next door to me and there are no hOUses around. You know it is the perfect spot. Mr. Ward: Well, this is why~Lr. Orlowski is suggesting to you that while you are at the Zoning Board of Appeals for your special exception you ask for the variance for the property limitation. Mr. Pugliese: Right, thank you very much. Mr% Orlowski: Any other questions or comments? Hearin~ 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. Latham, Mr. McDonald, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Being there was no further business to come before the board, the meeting was adjourned at 8:20 p.m.. Bennett Orlowski Jr., C)l~irman Respectfully submitted, Jane Rousseau, RECEIVED AND FILED BY THE SOUTHOLD TOVV-N CLEF2< DATES] I~1~ HOUR Town Clerk, Tc~vn o£ Southold