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HomeMy WebLinkAboutPB-08/13/1990PLANNING 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 SOUTHOLD SOUTHOLD TOWN PLANNING BOARD SCOTT L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516~ 765-1823 AUGUST 13, 1990 MINUTES Present were: Bennett Orlowski, Chairman G. Richie Latham Kenneth Edwards Mark McDonald Valerie Scopaz, Town Planner Melissa Spiro, Planner Holly Perrione, Secretary Absent: Richard Ward Hearings Held Over From Previous Meetings: Mr. Orlowski: Good evening, I would like to Call this meeting to order. First order of business is The North Forty - This major subdivision is for thirteen lots on 30.3565 acres on the south side of Oregon Road; 621 feet west of Depot Lane in Cutchogue. SCTM # 1000-95-4-14.1 Mr. Orlowski: We will keep this hearing open. The applicant has a question on the open space which he is negotiating with our town attorney. Are there any questions on this subdivision? Hearing none, I'll entertain a motion to keep this hearing open. Mr. Edwards: So moved. Mr. McDonald: Second. Mr. Orlowski: Mo~ion made and seconded. Any questions on the motion? All those in favor? PLANNING BOARD 2 AUGUST 13, 1990 Ayes: Mr. Orlowski: Mr. Orlowski: Mr. McDonald, Mr. Edwards, Mr. Latham, Mr. Orlowski. Opposed? So ordered. Baxter Sound Estates This minor subdivision is for two lots on 5.022 acres located on the north side of Oregon Road; 1100 feet west of Bridge Lane in Cutchogue. SCTM # i000-72-2-2.1 & 3. Mr. Orlowski: There are some questions on the road specifications in this and the applicant has agreed to keep the hearing open. I'll ask if there are any questions or co~ents on this subdivision while it is open. Hearing none, I'll entertain a motion to keep it open. Mr. Edwards: So moved. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Edwards, Mr. Latham, Mr. McDonald, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. MAJOR AND MINOR SUBDIVISIONS, LOT LINE CHANGES AND SET OFF APPLICATIONS Final Determinations: Mr. Orlowski: Fishers Island Utilit¥ - This minor subdivision is for two residential lots located on Fishers Island. SCTM ~1000-6-6-20. Mr. Edwards: I would like to make a motion. RESOLVED, that the Planning Board authorize the Chairman to endorse the final surveys dated June 4, 1990. Conditional final apprOVal was granted on April 9, 1990. All conditions have been fulfilled. Mr. McDonald: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Edwards, Mr. Orlowski, Mr. Latham, Mr. McDonald. PLANNING BOARD 3 AUGUST 13, 1990 Mr. Orlowski: Opposed? So ordered. (Chairman endorsed maps.) Mr. Orlowski: Francis P. Melly - This lot line is to add 1018 square feet to an 11,495 square foot parcel, located at Cutchoque. SCTM 91000-68-1-4-5. Mr. McDonald: Mr. Chairman, I would like to offer the following motion. WHEREAS, Francis P. and Bernice J. Melly are the owners of the property known and designed as SCTM 91000-68-1-4,5, located at Diamond Lane (private Road) west of Soundview Avenue in Cutchoque; and WHEREAS, this lot line, to be known as Lot Line Change for Francis Melly, is for a lot line change adding 1,198 square feet to 11,395 square foot parcel of the applicant; 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, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on July 16, 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 April 19, 1990. Mr. Edwards: Second. Mr.. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Edwards, Mr. Latham, Mr. McDonald, Mr. Latham. Mr. Orlowski: Opposed? So ordered. (Chairman endorsed maps). Final Extensions: Mr. Orlowski: North Road Associates - This major subdivision is on 16.886 acres located in Orient. ~1000-18-3-1.3. $CTM PLANNING BOARD 4 AUGUST 13, 1990 Mr. Edwards: I would like to make the following motion. RESOLVED to extend the time period in which the Planning Board must take action after the final hearing for an additional 49 days. The extension will run until October 1, 1990. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Edwards, Mr. Latham, Mr. McDonald, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Adams Associates - This minor subdivision is for four lots on 7.67977 acres located at Mattituck. SCTM % 1000-113-12-10. Mr. McDonald: Mr. Chairman, I would like to offer the following motion. RESOLVED that the Southold Town Planning Board grant a six (6) month extension of conditional final approval. Conditional final approval was granted on February 13, 1990. The extension will run until February 13, 1991. Please note that this is the last extension that the Planning Board will be granting. Mr. Edwards: Second~ Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Orlowski, Mr. Edwards, Mr. McDonald, Mr. Latham. Mr. Orlowski: Opposed? So ordered. Setting of Final Hearings: Mr. Orlowski: Franklinville Homes - This major subdivision is for fifteen lots on 35.876 acres located at Laurel. SCTM %t000-125-2-2.2. Mr. Latham: Mr. Chairman, I would like to offer the following resolution. PLANNING BOAteD 5 AUGUST 13, 1990 RESOLVED that the Southold Town Planning Board set Monday, September 10, 1990 at 7:30 p.m. for a final p,~hlic hearing on the maps dated June 26, 1990. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Edwards, Mr. Orlowski, Mr. McDonald° Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: John Wickham - This minor subdivision is for two lots on 10.550 acres located on New Suffolk Road in Southold. SCTM 91000-110-8-32.1. Mr. Edwards: Mr. Chairman, I would like to make the following motion. RESOLVED that the Southold Town Planning Board set Monday, September 10, 1990 at 7:35 p.m. for a final public hearing on the maps dated January 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. Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Pa~l Friedber~ - This is to set off a 2.1207 acre lot from a 24.226 acre parcel located at Mattituck. SCTM ~ 1000-106-9-4. Mr. McDonald: Mr. Chairman, I would like to make a motion. RESOLVED that the Southold Town Planning Board set Monday, September 10, 1990 at 7:40 p.m. for a final public hearing on the maps dated April 12, 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. Orlowski, Mr. Edwards. PLANNING BOARD 6 AUGUST 13, 1990 Mr. 0rlowski: Opposed? So ordered. Sketch Determinations: Mr. Orlowski: Bayberry Estates - This major subdivision is for eighteen lots on 50.0171 acres located on the west side of Laurel Avenue; 140 feet soutk of Yennecott Drive in Southold. SCTM ~ 1000-55-6-35 & 36 and 56-1~1. ~r. Latham: I would like to offer the following motion. RESOLVED that the Southold Town Planning Board grant sketch approval on the map dated October 23, 1989. Mr. McDonald: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. McDonald, M~. Latham, Mr. Orlowski, Mr. Edwards. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: James & David Cross - This minor subdivision is for two lots on 5.918 acres located on the north side of Main Road, 760 feet off of Wagon Wheel Lane right of way in Cutchoque. SCTM ~ 1000-108-3-12-1. Mr. Edwards: Mr. Chairman, I would like to make a motion. RESOLVED that the Southold Town Planning Board grant sketch approval on the map dated July 19, 1990. Mr. McDonald: Second. Mr. Orlowski: Motion made and seconded. ~ny questions on the motion? All those in favor? Ayes: Mr. McDonald, Mr, Latham, Mr. Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Harry G. & Janet Hohn - This minor subdivision is for four lots on 7.368 acres located on the southwest corner of Aborn Lane and Nassau Point Road in Cutchogue. SCTM ~ 100-118-6-1 & 3. PLANNING BOARD 7 AUGUST 13, 1990 Mr. McDonald: Mr. Chairman, I would like to make a motion. RESOLVED that the Southold Town Planning Board grant sketch approval on the map dated January 26, 1990 with the following conditions: A covenant and restriction be placed on Lot #1 stating that there is to be no further subdivision in perpetuity. 2. The final maps be prepared at a scale of 1" = 100'. Mr. Orlowski: Motion made and seconded. Any questions on the motion? George Burrell: I am the owner of adjacent property to this aBd'i make an Objection on this proposed subdivision. We have a n~er of objections partially to the extent that what is contemplated here is not fully revealed inthe papers which were ~ubmitted and there seems to be very definite set-offs involving ~tiands, ponds and other incidents that apPea~ on this, in addition to which that has already been carved out of the main area a lot that is now represented earlier a~d I wo~ld submit re hasbeen nothing indicated as to w~ethe~ or not there any restrictions or convenances ~adei at that time. has been shown on any of the documents here. Of course we are als° concerned with the facb of the that to be drilled in connection with~ it at the map the proximity of the area and the wou list the materials and have to be-drawnbut made in connection with this it seems to me, be a charge and a burden on th~s area. I own something like six or seven lots adjacent to all of this and it seems tO me that my right to make application in the future should I desire to Without any necessity of gong through a change Wi~h or any zoning Sinc~ I have the zones and the already been given since the original map of 1922. It seems to me that I would ~e faced with the proposition thatthere is a circuit on thenecessarywater supply, wellsand the waste material or septic tanks whatever they may be. I kno~ for a fact that this is a precarious area and I think it is a known fact and I am a member of the Nassau Point Association, as a matter of fact under the ~ a representation here in which we have explored with numerous experts as tO the ability to obtain water from the various wells that are now in eXistence. I for myself have had one of my wells go bad and we've had to draw a new well in order to be able to continue to have water on my property as it is now. Additionally, as I said there has not been a fully complete indications as to how this property is to be used. There is a question of access to the beach and there is this other element in which is proposed as given to me that a structure would have to built right through the wetlands and somewhere across either '. PLANNING BOARD 8 AUGUST 13, 1990 the pond or the stream that leads into this pond, now that may or may not be an objection to this particular subdivision but it seems to me that when you are talking shout sketch determinations that you should have the full ideas that are being presented by this applicant and not merely this particular sketck which is drawn and doesn't show too much of anything except that it does indicate that on the seven acres you've got approximately two.which consist of the pond and the wasteland. Additionally, if one looks at the deeds, now this may of course be a matter of appreciation I don't know but this as not yet been determined and it has not as yet been set forth and it has not yet been shown in any way on this Particular sketch. I know for a fact that the deed, the prior deed to the owners of the propert~ who have had this property since, I think it goes back to the forties, I have known the Colby's since 1973 or 1974 and I know for a fact that this dimension that they have on this sketch is incorrect as far as the deed in concerned. Now, I cannot and I am not the surveyor and I cannot determine whether or now at the present time it is correct but according to the legend that is drawn here it is drawn from a map of 1922 which is the original subdivision and that original subdivision does not show any such dimension on this particular subdivision maps as they appear at that time. Again, we have a question of environment and we have a question of whether there is fully set forth what is suppose to be a sketch dete=mination and I would certainly object to it on the ground that we definitelyhave a great deal more than what is being presented here. Mr. Orlowski: Well, you've brought some questions and a lot of them are out of our domain. Our map does show the, deletes the upland and the pond area and it does show enough upland and as far as water those are health department questions that they will have to answer before any approval is granted. This board right now is only. looking at the layout itself~ I think another point you said about creating another lot, this board will look into because that would make it a major subdivision and not a minor subdivision. Mr. Burrell: As one can see from the sketch it seemed very evident that the Hurley property was cut rightout. Mr. Orlowski: It does but as we look at it and also in the key map it does show that it is out of there but it's something that this board will look into . On our map, like I said, we may have more information on this sketch here ~which is available in the office aay time for your review or any one else's. Does the board have any co~auents or questions? Mr. Burrell: There has been something evidentially filed as of this morning which I have not had an opportunity to review. When I called this morning I was told that there was something expected and was coming in that had to do with this particular sketch determination. -PLANNING BOARD 9 AUGUST 13, 1990 Mr. Orlowski: It was just the environmental impact long form that was handed in. That will be there also for review. All these procedures have yet to be gone through, we are only looking at sketch plan. The point that you brought up about creating a fifth lot, is there anyone here representing the applicant? William Esseks: I'm representing the applicant. Obviously, you understand that the question of the water supply and sewage is subject to the jurisdiction of the Health Department. We will have to comply with that. Now, the creation of the Burrell lot shows up in title information that you submitted and well indicates the whole question of the direction of this subdivision. There are two houses on the site already and there are 7.368 acres in an R-40 district and we will comply to the minor subdivision, requirements. There will be plenty of yield and lots are all oversize and we will meet each aspect of the criteria of the rules and regulations of the Town of Southold. I urge the board to accept and close the resolution and vote on it (inaudible). What we filed this morning was a long form environmental assessment form which we were asked to file and had completed. Mr. Burrell: I would point out that one dimension is very obviously contrary to the deed that was given. I know that for a fact because the same deed that gave me that line years ago it sold to the Colby or the Barforidge family at the same time so that the sketch certainly needs some kind of an explanation. I also ask whether or not it is necessary for an environmental impact statement to be made in connection with this in view of the fact that you do have wetlands and you do have beach and you do have a stream and a pond. As ~a matter of fact as it is indicated it is almost one-third of the property that is devoted to the wetlands and pond. Mr. Orlowski: Well, he just handed in his long form for his environmental impact. Mr. McDonald: It is a more stringent requirement than the short form. Mr. Orlowski: That is on file. Mr. Esseks: I believe you have a report from the Town Trustees. Mr. Orlowski: Yes, we have that in the file too. Mr. McDonald: I was uncertain as to what you were saying. you claiming the lot that is marked on this map is predated zoning? Were Mr. Burrell: No. My point is that there are a lot of questions to be answered before any determination can be made. PLANNING BOARD 10 AUGUST 13, 1990 Mr. Orlowski: We agree with you. Mr. BurrelI: I haven't seen the answers to it. Mr. Orlowski: Well, we will look for them also. Mr. Esseks: The board corresponded with us some months ago and asked us certain questions about the access and asked us for our sources of title and they have been submitted to the board. Mr. Orlowski: O.K., we'll have to review those. Mr. McDonald: I think on the basis of this I will withdraw my motion and can we ask for a request from the people who are interested for their questions in writing? Mr. Orlowski: Yes, if anyone else has any comments or questions, this is not a public hearing and we don't have a lot of time and things will be more well addressed in writing than by any speeches to be given tonight. Mr. I am president of the Nassau Point Property in large we are always anxious to gain new as Mr, Burrell stated we do have a water issue on Point and we are not anxious to gain new~ members by of s~bdivisionl I would submit to the board that the f Trustees on January 22, 1988 in a letter to James & Co. key points. It said Nassa~ Point could conside~ and not just treated asp art of the has a larger reserve of water to draw from. I has limited water and (inaudible). on February 3rd in 1982 of Nassau Point Associatio~ from the of the by Mr. Pell. It I enc. a copy of the of investigation on .ty of the I have a copy of which was pre at 1981 meeting and I read severalbrief that report. It int as a small body ~water which Precipitation provide of ~ of the groundwater res~rvoir~ As part of overland to surroundinq salt water bodies and fres] ponds, apart is returned to evaporationand the remainder of the ' the groundwater. Some seepage into groUndwater eventually reachesthe reservoir and becomes available for withdrawal. Then it goes on to say, it does go through some interesting statistics, none of which I understand except the bottom line and that says, there should be no more than 350 homes on Nassau Point and ladies and gentlemen we have now exceeded that number and that is primarily wh¥ we are opposed to any further subdivisionS onNassau Point and I would be glad to hand this document up to this board for their consideration. PLANNING BOARD 11 AUGUST 13, 1990 Mr. Orlowski: O.K.t just to let you know that the board is well aware that there are major water problems in Nassau Point and that is why all subdivision applications do go through the Health Department to review these for water and when it does get there they will make the determination and give the answer on that. But for right now, we have a motion to rescind the other motion. Mr. Laths/n: I'll second that. Mr. Orlowski: Oh, you withdrew it. O.K.. Mr. Esseks: Would the board advise me as to what additional matters which are addressed to them. Mr. Orlowski: Yes, we will. Mr. McDonald: I think we would like to receive whatever they are going to put in writing so we can clear up everything at once. Mr. Esseks: I understand but because they are against the application they'll take as much time as you give them. Mr. McDonald: I'm sure they will proceed diligently or we will proceed. Mr. Esseks: Can I assume that if they don't have it in by two days before the next meeting that (inaudible). Mr. Burrell: May I please add another word. In the first place, I do not have access to all of the things that have been presented as of now. I don't say that it has been refused to me but from what I learned tonight it seems to me that I had better have access to whatever files and whatever documents there may be so that I will have the opportunity to respond. In addition to which there is this question as to tearing down and actually Clearing land which has been occurring here and I think the board knows that it's been occurring here which I think is horrible and I think is definitely done without any requests for any avenue open to the board or to anybody. This has been completely horrendous in view of the fact that a great deal of itt as t understand it was part of the wetlands and yet what has been done here and I don't know that it not being continued as of today. Mr. Orlowski: We questioned it and the Trustees have sent us a letter ofreport stating that there has been clearing tkere but they have let the applicant know that no further clearing will take place without a pezfL,it. Mr. Burrell: Have they reviewed what has been cleared and whether or not it was or was not permitted? PLANNING BOARD 12 AUGUST 13, 1990 Mr. Orlowski: We have a Trustee's report. Ail these files are open to the public. Mr. Burrell: The point to the matter ~is that I have an objection to this and yet, I did not know the Trustees made an examination. Why wasn't I consulted to tell them what I saw them do. I mean afterall, I was there. I am there and nobody asked me any questions. I don't get notice and I feel that this should be done and if there is anything to be done here I should have some voice in doing it because this is immediately adjacent to me and is threatening my rights to water and other things that are on my property and have been on my property for many, many years and it seems to me that I should have some opportunity to respond to these things yet he calls me stonewalling and he says he wants a response from the board without giving me any access as to what has been filed. He doesn't serve me with anything. I am an attorney, I know that one thing that we do get in the court's is that you get opposition papers or if you get an application, you get every damn paper that is to be presented and yo~ have an opportunity to reply to it and that is the way we work in this country. Mr. 0rlowski: Well, let me assure you that all of the files are open in the Planning Board Office to whoever wants to review them. Mr. Burrell: Thank you. Mr. Orlowski: A. P. Sepenoski, Jr. - This proposal is to set off a 90,697 square foot parcel from an existing ten acre parcel located on Main Road, East Marion, Soutkold. SCTM # 1000-31-1-5.2 Mr. Latham: I would like to offer a motion. RESOLVED that the Southold Town Planning Board grant sketch approval on the map dated February 7, 1990. Mr. McDonald: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Sketch Extensions: PLANNING BOARD 13 AUGUST 13, 1990 Mr. Orlowski: Jennie Harris Estates - This minor subdivision is for two lots on 49,453 square feet located on the northwest side of County Road 48, 918 feet northwest of Cox Lane in Cutchogue. SCTM # 1000-96-1-18. Mr. Edwards: Mr. Chairman, I would like to offer the following motion. RESOLVED that the Southcld Town Planning Board grant a six month extension of sketch approval from August 13, 1990 to February 13, 1991. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes; Mr. Latham, Mr. Edwards, Mr. Orlowski, Mr. McDonald. Mr. Orlowski: Opposed? So ordered. Review of Reports: Suffolk County Planning Commission Mr. Orlowski: Long Meadow Estates - This major subdivision is for sixteen 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 the west side of Cox Lane, 428 feet north of the northwest corner of Cox Lane and Sound Avenue in Mattituck. SCTM # 1000-113-7-19.2. Mr. McDonald: Mr. Chairman, I would like to make the following motion. RESOLVED to override the July 12, 1990, Suffolk County Planning Co~u~ission report for the following reasons (numbers correspond to numbers in report): 1 & 2 - The Planning Board required that an access be provided and maintained for emergency purposes. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Edwards, Mr. Latham, Mr. McDonald, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. PLANNING BOARD 14 AUGUST 13, 1990 Mr. Orlowski: Salvatore & Jeanne Catapano - This minor subdivision is for four lots on 13.73 acres located on the easterly side of South Harbor Road at Southold. SCTM % 1000-69-6-9.2. Mr. McDonald: Mr. Chairman, I would like to offer the following motion. RESOLVED to override the July 12, 1990 Suffolk County Planning Commission report for the following reasons (number correspond to number in report). addition The Planning Board has required that proof .of access over the right-of-way for the adjacent parcel (owned by Beinert) be submitted for Lot Number 2. In these lots will be required to have a common driveway. The board has designed the subdivision in this manner to eliminate any additional access points on Main Road. A subdivision with an access road from South Harbor Road and two lots located at the southeastern side of the lot would not allow Lot Number 3 to be 10 acres in area. Lot number 3 is currently used for agricultural purposes, requiring the 10 acres. The Planning Board is also requiring that a declaration of Covenants and Restrictions be filed prohibiting any further subdivision of Lot Number 3. 2. The Planning Board is requiring that this subdivision be filed in the County Clerk{s office. e The Planning Board is also required that street trees be planted along Main Road. These trees are to be determined at a later date. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? Mr. Caminiti: Mr. Chairman, I am representing the applicant. I haven't seen the Planning Board recommendations, this is the first I've heard about it. Mr. McDonald: Would you like me to summarize it? Mr. Caminiti: Yes please. Mr. McDonald: The County denied this because the access they thought was improper. We're overriding it and we are listing the reasons we are overriding it. It was a lengthy discussion of why but basically it came down to that we are satisfied with · . PLANNING BOARD 15 AUGUST 13, 1990 the access so with that in mind we've asked them to override it. Then we said it should be filed in the County Clerk's office and the last one is standard, we are asking for street trees. Mr. Orlowski: Do you have a copy of the County Repot Ms. Spiro: You'll get one in the mail but you can ha' if you want. Mr. Caminiti: Thank you. Mr. Orlowski: O.K., no further questions on the moti )n? All those in favor? Ayes: Mr. Orlowski, Mr. Latham, Mr. McDonald, Mr. Ed ~ards. Mr. Orlowski: Opposed? So ordered. Review of Reports: Engineering Reports: Franklinville Homes - SCTM # Mr. Orlowski: 1000-i25-2-2.2. ~? ~e this one Mr. McDonald: I would like to make a motion. RESOLVED to adopt the engineer's report dated August 9, 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. Latham, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. McDonald: I would also like to make the following motion. RESOLVED to adopt the bond estimate dated as revised August 13, 1990 by the Planning Board and to reco~,uend same to the Town Board. The bond estimate is in the amount~of $531,980.00, with an inspection fee in the amount of $31,918.80. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the m~tion. All those in favor? Ayes: Mr. Latham, Mr. McDonald, Mr. Edwards, Mr. Orlowski. - · PLANNING BOARD 16 AUGUST 13, 1990 Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Island Estates - This major subdivision is for I0 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. Latham: I would like to make a motion. RESOLVED to adopt the engineer's report dated July 18, 1990. Mr. Edwards: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? Donna Geraghty: Good evening, I would just like to say that I think at this time, I have proposed ten lots on Island Estates. Due to the fact that on my original yield map I had to allow for park and recreation at this time what I would like to do is go back and redraw the map and I think the fact that I had to take property now. I would be entitled to additional lot is my understanding, correct me if I am wrong. Mr. Orlowski: Right, if it comes out. Donna Geraghty: I did meet with Howard Young and he did seem to think it could be done. I do have one question. How do you feel about flag lots? Behind lot seven. What would your feeling be in changing that recharge area and putting a flag lot back there? Mr. Orlowski: This map changed the recharge area. Donna Geraghty: We thought we might do something here and put an additional lot back here. Also, something else I am a little concerned about is this open space down here. Do you really feel that there is a need for that much open space? I mean my thinking is who is it benefiting, I mean the fact that I have to put in an additional one-hundred and twenty-five feet of roads. Do you feel it is necessary to have that much? What if we berm it or something to that effect? I mean I'm concerned about, let's face it these are hard times in real estate and every additional foot of pavement makes this less and less desirable. That is why I have to actually go back and get an additional lot. Mr. Latham: The traffic on this road the last six months has been terrific. Donna Geraghty: That is true during the summer months. Mr. Latham: No, all year because of the ferry. PLANNING BOARD 17 AUGUST 13, 1990 Mr. McDonald: I understand the economics report but the developer should be thinking about that rightly so but we have to be sure what we plan is the best we can get within the perimeters of the code. Donna Geraghty: I go along with that, I mean I'm not going to argue with that. I want a compromise here. Mr. Orlowski: We have to take a look at it. I can't make that comment until I see how it lays out. Right now it doesn't look too hot. Mr. McDonald: My initial feeling would be simply to extend the cul-de-sac to what it takes. You might be ~hle to pull it this way a little shorter to get in an extra lot. Howard will know exactly, better than anybody here. Donna Geraghty: That's not a problems, this can be brought up to here because of its elevation. This can be moved back slightly because we do have wetlands here so we have to be a little cautious there as well. Anyway, at this point, I don't want to proceed with ten, I want to go back and redraw it for eleven so whatever the procedure is to do that, that is what I would like to do. What would be my next step now. Mr. McDonald: Where are we right now? Ms. Spiro: We're moving along, we granted sketch already but we're waiting for preliminary approval. Mr. Orlowski: Well, why don't you redraw it and see if you can get that extra lot then figure out where to put it. Mr. McDonald: You'll need a yield map then. Donna Geraghty: Do I have to redraw a yield map? Mr. Orlowski: You definitely have to have a yeild map. Donna Geraghty: What about if it was shown in the park and recreation. Mr. McDonald: Well, if the park and recreation lot was cut off, and it corresponds to everything that would be required by code we could simply change the heading on it. Donna Geraghty: O.K., let me take a look at that again. Mr. McDonald: It has to meet all the requirements in terms of lot lines and setbacks. Donna Geraghty: I'll check on that. Let me just say that the people I represent had told me to say that so that's where I'm coming from. From a marketing standpoint, I agree with you 100%. Thanks very much. PLANNING BOARD 18 AUGUST 13, 1990 Mr. Orlowski: Ail those in favor? Ayes: Mr. Latham, Mr. Orlowski, Mr. McDonald, Mr. Edwards. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Francis Greenberger - This minor subdivision is for four lots on 15.581 acres located at Cutchogue. SCTM ~1000-97-3-18.1. Mr. Edwards: Mr. Chairman, I wo~ld like to offer the following resolution. RESOLVED to adopt the engineer's report dated July 26, 1990. Mr. McDonald: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion. All those in favor? Ayes: ~r. Edwards, Mr. McDonald, Mr. Orlowski, Mr. Latham. Mr. Orlowski: Opposed? So ordered. MAJOR AND MINOR SUBDIVISIONS, LOT LINE CF3~NGES, SET OFF APPLICATIONS - STATE ENVIRONMENTAL QUALITY REVIEWACT Lead Agency Coordination: Mr. Orlowski: Bayberry Estates - SCTM ~ 1000-55-6-35 & 36, 56-1-1. Mr. McDonald: Mr. Chairman, I would like to offer the following resolution. RESOLVED that the Southold Town Planning Board start the coordination process on this unlisted action. The board 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. Orlowski, Mr. Latham~ Mr. Ortowski: Opposed? So ordered. PLANNING BOARD 19 AUGUST 13, 1990 Mr. Orlowski: James and David Cross - SCTM 9 1000-108-3-12.1. Mr. McDonald: Mr. Chairman, I would like to make a motion. RESOLVED 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. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Edwards, Mr. Orlowski, Mr. McDonald. Mr. Orlowski: Opposed? So ordered. **************************************** Mr. Orlowski: Harry G. & Janet Hohn - SCTM # 1000-118-6-1 & 3. Mr. McDonald: Mr. Chairman, we would like to delete this. Mr. Orlowski: O.K. Mr. Orlowski: A. P. Sepenoski~ Jr. - SCTM ~ 1000-31-15.2. Mr. Latham: Mr. Chairman, I offer the following motion. RESOLVED thatthe Southold Town Planning Board start the coordination process on this unlisted action. The board assumes lead agency status and in that capacity m~kes 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. Latham, Mr. McDonald, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Determinations: PLANNING BOARD 20 AUGUST 13, 1990 Mr. Orlowski: Summit Estates - This major subdivision is for thirty-five lots on 40.8223 acres located on the southwest corner of Main Road (N.Y.S. 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 Board, acting under the State .Environmental Quality Review Act, make a determination of non-significance, and grant a Negative Declaration. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. Latham, Mr. Edwards, Mr.McDonald, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Dennis K. Corby - This major subdivision is for 8 lots on 29.11 acres located on the northeast corner of Middle Road and Depot Lane in Cutchogue. SCTM % 1000-96-1-1. Mr. Edwards: Mr. Chairman, I would like to offer the following resolution. RESOLVED that the Southold Town Planning Board, acting Under the State Environmental Quality Review Act, 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. Latham, Mr. Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Gregory Simonelli - This minor subdivision is for three lots on 3.8514 acres located on the south side of Grand Avenue; approximately 150 feet west of Greton Court in Mattituck. SCTM % 1000-107-2-4. PLANNING BOARD 21 AUGUST 13, 1990 Mr. McDonald: Mr. Chairman, I would like to offer the following motion. RESOLVED that the Southold Town Planning Boardr acting under the State Environmental quality Review Act, make a determination of non-significance, and grant a Negative Declaration. Mr. Edwards: Second, Mr. Orlowski: Motion made and seconded. Anyquestions on the motion? All those in favor? Ayes: Mr. Edwards, Mr. Orlowski, Mr. Laths]u, Mr. McDonald. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: George T. Conway - This proposal to set off a 2.165 acre parcel from an existing 8.582 acre parcel located on Hortons Lane in Southold. SCTM ~1000-63-1-1.5. Mr. Latham: Mr. Chairman, I offer the following motion. RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, make a determination of non-significance, and grant a Negative Declaration. Mr. McDonald: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Orlowski, Mr. Edwards. Mr. Orlowski: Opposed? So ordered. Final Determinations: Mr. Orlowski: Peconic Bay Vineyards - This site plan is for a winery to be located in an existing building in Cutchogue. SCTM %1000-103-1-19.2. Mr. McDonald: Mr. Chairman, I would like to offer the following motion. WHEREAS, Herman Blum is the owner of the property known and designated as Peconic Bay Vineyards SCTM % 1000-103-1-18.2, located at 31280 Main Road, Cutchoque; and PLANNING BOARD 22 AUGUST 13, 1990 WHEREAS, a fozmal application for the approval of this site plan ws submitted on October i1, 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 Declaration on January 19, 1990; and WHEREAS, a Special Exception was granted by the Zoning Board of Appeals on February 15, 1990; and WHEREAS, this site plan was certified by Victor Lessard, Principal Building Inspector on April 16, 1990; and WHEREAS, all the requirements of the Site plan Regulation 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 May 10, 1990, subject to a one year review from date of building permit. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. CHANGE OF ZONE APPLICATIONS Mr. Orlowski: Change of Zone Petition for Russell Mann from AC toHD Mr. Cuddy: Mr. Chairman, I am the attorney for Mr. & Mrs. Mann who own property on the north side of theMain Road between the Main Road and the Long Island Railroad tracks. This property consists of ten acres, eight acres of which is the subject of this application. I will hand out some maps if I may. Mr. Mann's prOPerty is presently zoned AC. His property perhaps is unique in the Town as the front part of this parcel which is a two acre piece has three separate zones. It has the RO district, the R-40 district and the AC district. I point that out to you because I think this property should seriously be looked at by the board and I would suspect that the board itself, (inaudible) might consider some sort of rezoning for this parcel~ This parcel that he has before the board tonight is eight acres and is surrounded with an affordable housing unit on the west and it has R-40 on the east and has the railroad and · PLANNING BOARD 23 AUGUST 13, 1990 a small 200 foot parcel of AC to the north. It seems to me that by designating that parcel to the west affordable housing leaving that acreage on the west, to then place his parcel as it is now (inaudible). I propose to the board that as planners, I think it is appropriate that you pick this parcel and do something with it whether you disagree with HD, and I will get to that in a second, or you find that there should be another zone in here is perhaps not so significant as saying that this piece certainly should not be in two acre zoning. I don't have with me now, but I don't think you will disagree with me that his parcel cannot sell as a two acre parcel. It is just impossible. You can't have affordable housing on one side and have one acre housing on the other and then expect him to sell two acre lots. That just doesn't work. I said I would get to the HD, I was a little surprised and I think I wrot~ the board a letter, perhaps ali of it was to state a procedure. To ~et a notice from the board saying that this was going to be rejected for two reasons. One, because traffic, assuming there was a traffic problem and two, because there was no need for a HD designation. I would point out that traffic wise that the affordable housi~ unit right next door to this property has one egress and ingreSS point on the Main Road which isprobably a little less than i00 feet wide. Mr. M~n's propert~goes out of Griswold Street tO Tucker Lane goes out over Glover Street to Tucker Lane and you can go north and south and I really think that there is no traffic problem, certainly not akin to the affordable housing and I would also like to point olut to you that in:the cOde there is no requirement for a need for HD. ~D is a district which is well within a half a mile of the hamlet itself. It's the same designation initially as affordable housing. If affordable housing fits in then the HD designation for this parcel will fit in and I believe that all tho',code is doing is giving the board an opportunity to create some transitional type zoning. In this spot you need some t!rp~ of transitional type zoning. Whether you extend your R-40 and leave it one acre or if you make it the HD, a half acre, which Us I think what is appropriate onlybecauseyou already made affordable housing right next door. Something has to be done to thus parcel and I'm quite serious when I say to you if I had that-kind of (inaudible) I would expect the board and it's studying of zoning of this town for a period of time to do s0m~thing to this parcel. I would like.to enter into this course probably With the Planning staff, with the b~ard to discuss at some length what can be done with this parcel or what can be done for this parcel. I truly believe that what Mr. Mann has probably is a problem that has to be addressed by the Planning staff, by the Planning Board and O.K.'d by the County. Mr. Orlowski: What you are saying to us is that instead of going for the Hamlet Density you might be willing to take something else, you would like us to review this right now. Mr. Cuddy: I don't know if Mr. Mann is saying that bu~ I'm saying I think that under some circumstance there could be an PLANNING BOARD 24 AUGUST 13, 1990 R-40 on this parcel, yes, only because it makes some sense to extend the zone. Mr. Orlowski: Am I to understand that you are asking us to review this a little further before we make a recommendation to the Town Board? We will re-review it. SETTING OF NEXT PLANNING BOARD MEETING Mr. Orlowski: Board to set Monday, September 10, 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. McDonald: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Orlowski, Mr. Edwards. Mr. Orlowski: Opposed? So ordered. Mr. Orlowski: Does anybody have any other questions or comments forthe board? Mr. Raynor: date on Club in New Suffolk. board's letter of JUl 30th. We are ] Bob on supply and County. We have a the 28~h of this month in regard to sept~ exploring Seve~alalternatives to water supply I want to basicatlybring the board up to the with for the ~ meeting on still t~e site. With regard torevisions on the site plan req~estedby Planning staff w~ have incorporated those revisions turf ~' the-size of the tanks and we're revising and the grading pla~s toreflect those reque~ of the board. The board notes on 30th the certificate ~o demolish the'] ~ed and we received n° notification fr°m the Building to that effect. Also, the future size and location of the pr~osed restaurant suggests the existing structure will be demolished and that is not so. There will be a renovation and expansion of this project. The board will note in my letter of the 9th why it was incorporated on there and the revised site plans that are in your office also reflect the renovation. As a result of a redesignation for the boat storage structures to the proposal of being primary use in the zone district. Thesetbacks would be required and those would be adhered to thus eliminating the question to reside to variances on those two buildings. The question with regard to the building permits on both the storage -PLANNING BOARD 25 AUGUST 13, 1990 and repairs again redundant but it is in there and again I've received no notification. The proposed lighting system, there has been a question with regard to the street lamp which is situated at the intersection of Main Street and First Street on the southeast corner. Originally we had it at an elevation of twenty feet, we requested by the board eighteen feet, we revised the plan to eighteen feet and you now request that you revise and make it twelve feet so we will make it twelve feet. As to the question concerning the parking and the facilities concerning the boat storage building, very simply there will be none as so stated on the plan instead of storage. It does not require any under the code, nor do we anticipate traffic in and out of a sealed building during the winter. This pretty much alienates what is transpired and if there are any other additional elements that should be addressed I would very much like the board's input tonight because we are trying to finalize this and coordinate this with both Federal, State and County. I hope this brings everybody up to speed a little bit as to where we are. Mr. Orlowski: O.K., does the board have any questions for Mr. Rayner while he is here? Board: No questions. Mr. David Cro~ s: In_ reference to James E. Cross ~a/%d David Cross subdivision ~stion of the right-of-way a~dconstruction ~rom what presently exists. Does anyone there have maps of thiS? That's o.K., I'm going Co bring this one up. BasiCal] existing now is wi~inl!'the fiftyfoot lane on the Wagon Wheel Lane as!it exists now pas~ing by one property and going down into aminor ~ubdiviSion~ Atpres~nt the right-of-way for ~ TUthill, which is the furtherest lot, passes through .apr( ~iece of land which was pieced off by James Cross. The ~ would be set aside to allow access to his future properties on aset piece. In the drawing which wasmade the town is a incorporated in a Fight-of-way of actual rc passing down into a cul~ . A suggestion was made two ways for this minor ~hdivision to go through either to have the road surveyed by a surveyor butmy sugqestion was knowing the property and knoWing the woods area since there is a farm near by we have chain saws, we have bucket loaders, we have all the equipment. We could build the road ourselves. Looking at the property this Sunday, I did' some taping off and there is a lot, fifty or more, of very, very large trees in which if they were perfectly straight drawn on our plan a road was built a lot of these would be lost. If it could be gently meandered through the woods a lot of this cutting could be avoided and create a very nice driveway which incorporates twenty foot or better access to both lots. PLANNING BOARD 26 AUGUST 13, 1990 The next part of that would be the question of the actual purpose of the cul-de-sac. On a standard type of subdivision where cul-de-sacs are built at the end of the street or something a cul-de-sac serves to garbage trucks, fire trucks, and access to homes. In a realistic situation where A1 Tuthill had his own turnaround cul-de-sac, the cul-de-sac would be built for a turnaround on the propertywhich was to be subdivided and a piece of road could be accessed to the landlocked piece. The question is basically on the reality of the cul-de-sac. To make a cul-de-sac work, you would have to truly cut a fifty foot radius on a twenty foot width road and that would leave a hundred foot diameter in the woods. In reality, I feel that this type of cul-de-sac would really serve no purpose if there was fire or garbage or deliveries, they would be going to each individual house an~ay. Here's an idea of the woods, here's coming into the Main Road, the yellow is existing roads. This is the temporary right-of-way for Ralph Tuthill, it passes along the edge of the woods and into this area. There is part of a farm and the pasture here and then the woods begins to come in. Very gently meandering through the woods we could access the backside of Ralph Tuthill and this property. The cul-de-sac itself, making it a twenty foot cut in a circle, we're looking at thirty or forty trees that I can't even wrap my arms around and we would be losing with a straight road a~d a full cul-de-sac, you could blow a full hole in the woods here and trying to cut straight in would lose too many big trees. All that I am suggesting is to have staked out and created by the owners of this property myself a road which exceeds twenty feet wide, meanders gently through the woods accessing Ralph's property, a turn accessing this property and leave the access to the subdivision which we are actually trying to do here on this existing road. The soil is good and it is fairly flat, we just don't see any major problems with it. Mr. Orlowski: What will this be right here? Mr. Cross: That is a left over piece of land of J. Cross which in the future is suppose to go to whoever purchases the nursery. That would be the future use. This road actually here connects next to the nursery. Art Tuthill is the foreman for the nurseryand this is James Cross, he lives here from the nursery, this in the future would probably go which is planned set aside for whoever would purchase the nursery if they chose to pull the house out. Unknown: How many people live on that lane? Mr. Cross: Biginski's live up here on the Main Road. Rod Kaelin has his house as well as this piece, his wife's maiden name is actually Big±nski they got it from her parent's . He lives kere and this is entirely his lot. Then there would be myself in the future, Ralph at the end and one here. So in total of land existing now for two acres there would be one, '- ~' PLANNING BOARD 27 AUGUST 13, 1990 two, three, four as a total, four total. No one else on this side accesses it, there is another right-of-way further over which borders those lots. Mr. McDonald: Do you know how big the lot is ? Mr. Cross: On this end? Mr. McDonald: The other lot that is serviced by Wagon Wheel Lane? Mr. Cross: It cuts off about, physically about here because is Biginski is the front. That is the parent's. There is a house here on the corner where it used to be Best Buy Fuel who is trying to have an office. They have a little house here and you have Biginski here with their front lawn and then it goes up the hill and this is all woods and this is Kaelin right on the top of the hill and then he has a piece of woods going out in the back and that borders it. Mr. McDonald: I was just concerned that in the future it might be a larger number of lots on this road, but if they are 760 feet they might get a lot in it and that is the one that has the frontage on the Main Road. Mr. Orlowski: Do you plan on building that road yourself to town specs? Mr. Cross: Well, it is not for myself, I mean he has got a crew over here. I am just saying that we built a lot of these roads through here and if it was drawn and cut in it would be just a very ugly type of situation. I taped and I walked through and it could be a really beautiful driveway and exceed twenty feet with an overhead clearance and basically what I am proposing is to allow us to build a road for this subdivision, have your people come in and inspect it and make sure theyare quite happy with it. If not, if they want changes, if they want fill, they want grade or whatever, we have to do. Mr. McDonald: Are you going to meander? Mr. Cross: It is not much of a meander but it just can't be straight. Mr. Orlowski: Within the right-of-way? Mr. Cross: Oh, very much easily. It just can't be straight. Mr. McDonald: You just have to meet the spec. We haven't specified how much of the cul-de-sac has to be created. Mr. Orlowski: We'll take a look at it. PLANNING BOARD 28 AUGUST 13, 1990 Mr. Cross: The existing road now is gravel. that all the way down. This is just dirt. you can wash out as gravel. We wish to extend This on the hillside Mr. McDonald: You have to meet the town spec. Mr. Cross: I understand that. We are looking for backfill packed bluestone. Mr. Orlowski: You can pick up a copy of the specs. Mr. McDonald: I guess what we would recommend a reduction in the spec. Mr. Orlowski: Well, let's take a look at it, I don't think there is any problem with what he wants to do in here as far as meandering. His biggest problem is cutting the cul-de-sac. Maybe we can do it with a turnaround. Let us take a look at it. Mr. Cross: O.K.. Mr. Orlowski: (Cliffside)- Mr. Tedaldi did you want to talk to the board? Mr. Tedaldi: Good evening, I'm back here again tonight on the same project. I am the attorney for the applicant. I was at the site within the last hour. I don't know if any of you members have been there recently but I think we are in a position now that if we go in and try to comply with~ what you want it will be more of a disturbance in the area and do more damage then good because the area has completely regenerated itself and revegetated itself. The vegetation is anywhere from four to five feet high in my estimate, looking at a little while ago. If we go in and put in all the plants you want we are just going to go in there and rip out what is already there. To comply with what you want we're going to violate what you want. Let me emphasize again, when this was done what was done to it was not clear. You look at the upland area where we are going to do the construction and that was clear but in the area in question the growth was cut back and the ground itself was not disturbed and it keeps growing back in. You can't see the haybales and the haybales are out there. Mr. Orlowski: We could see them real well after they clear. Mr. Tedaldi: You can't see them now, have you been out there? Mr. Orlowski: Well, the problem was you did disturb it. Mr. Tedaldi: No, No, we cut it~ What I am trying to do and you may not agree with me is I'm trying to distinguish between disturbing where we are going to construct we removed everything PLANNING BOARD 29 AUGUST 13, 1990 compared to that where we cut it back because if you look at it today, you are going to see the area in question is totally regrown, the area where we are going to construct there maybe some regrowth. Mr. McDonald: One of the letters you sent to us maintain that you have the right to go in there and clear what ever you would like for maintenance purposes. That you could clear whatever you want, do you still maintain that? I can't say that the letter came from you but in one of the letters in reference to this matter. Mr. Tedaldi: You'll have to show me the letter. Mr. McDonald: Let me ask you, do you maintain that now ? Do yon feel you have any right to go over the 100 foot set-back line to clear whatever you please? In the future do you have the right to go over and clear? Mr. Tedaldi: Your approval said that we could not clear, that is what it said. We didn't clear and we haven't cleared. Mr. McDonald: You cut down trees that were sixty or seventy years old. Mr. Tedaldi: No, no. Absolutely not. Mr. McDonald: I counted the rings. I went out and counted the rings. Mr. Tedaldi: You can count the rings all you want to sir. 'Those trees were cut down five years ago. Mr. McDonald: I was there when they were there. Mr. Tedaldi: No, I'm sorry. Mr. McDonald: I was there when the trees were there and I was on the site when the tree's were not there. Mr. Tedaldi: My understanding was that the tree's were cut down when the property was acquired five years ago. Mr. McDonald: I don't know about your understanding, but I was there. I saw the trees. I came back and the trees were gone. I did the borings on your site, at the time I did the borings, the trees were there. Mr. Tedaldi: When was that? Mr. McDonald: When they first starting the clearing. Mr. Tedaldi: This year? PLANNING BOARD 30 AUGUST 13, 1990 Mr. McDonald: Yes, when the bulldozers first came on site there. Mr. Tedaldi: George Wetmore had that cleared five or six years ago. I could give you the name of the person who cleared that whole complete land. Mr. McDonald: I wouldn't deny any of that. I am telling you exactly what I saw. When I went there, the cutting was fresh, the tree was fresh cut and the sawdust was there next to the stump. Mr. Tedaldi: I said to you the last time I was here what I did say to you is, we cut down the regeneration on the trees. We did not cut the actual trees down. They were cut down a long time ago. Mr. McDonald: These were fresh cut stumps. I took a real close look, I took a hard look because I wanted to be sure what I was seeing and that is what I saw. I saw a stump like this, with a pile of sawdust ~ext to it and a fresh cut on the entire stump. Mr. Tedaldi: You are saying that you saw the tree's were cut? Mr. McDonald: That is right, I saw the tree's before they were cut. Mr. Tedaldi: You saw stumps that were five to six years old which they just cut back that is all you saw. There were no trees in that area more than six feet high. Mr. McDonald: That's not what I saw. Mr. Tedaldi: You saw a stump. Unknown: Then there is a difference because I was there last s~,,.er, I was there last summer and there were no trees in the area you are talking about along the property line. No question about it. Mr. Tedaldi: You saw a stump which they happen to cut back because there was growth coming out of it, that is what you saw. You did not see any tree that was sixty feet high that is totally ridiculous. Mr. McDonald: No, I didn't say they were sixty feet high. Mr. Tedaldi: I acknowledge what was there and I'm telling you that what was cut back was a regeneration of the stumps that Were cut years ago. Other than that the other vegetation was cut back, it was not removed, the bulldozer did not go into the 100 foot area, nothing like that was done. Have you been there recently? Mr. McDonald: I haven't been there in three or four weeks. PLANNING BOARD 31 AUGUST 13, 1990 Mr. Tedaldi: Now you can't get into the area. I wouldn't walk through it tonight, I would be afraid that you just couldn't get through with all the growth that is there. Mr. Orlowski: Well, let's get back to the site plan and your landscape plan. Now, you are agreeing to plant all of that? Mr. Tedaldi: If you are going to force us to plant all that, we said we will plant it. My point to you is that if we do that we are going to go in and we are going to rip up vegetation that is there right now and we are going to cause more damage to that area by putting in what you want then leaving it the way it is and whatever we put in is going to be killed by the wild vegetation that is there so come next year you won't have any of that. I'm just asking you to go out and look at it, I looked at it an hour ago. Mr. Orlowski: We were there three weeks ago. Mr. Tedaldi: And. Mr. Orlowski: Well, what I am asking you is are you going to plant to the landscape plan or you're not going to plant it. Mr. Tedaldi: We're asking not to because of what I just said. Mr. Orlowski: At all, ever? Mr. Tedaldi: We're asking you not to because there is no need to because what is there is regenerated itself. That is what I'm saying. The vegetation is there . The purpose of putting in what you want is for the purpose of having vegetation in the area and it is there. Mr. Orlowski: How ~hout the trees? Mr. Tedaldi: You want us to put trees in, we'll put the trees in. Again, we have to go into the area and clear the area and put it in. Mr. Latham: I would like to go look at it. I think we want the trees in. Mr. Orlowski: YOU are agreeable to plant the trees? Mr. Tedaldi: Yes, I don't think we can put those in until September or October or else they will die. Mr. Latham: We didn't know about this last month or so. None of us knew about that. Mr. Orlowski: This board will go out and look again. '~ PLASFNING BOARD 32 AUGUST 13, 1990 Mr. Tedaldi: We would appreciate it. You will see the distinction between the two areas. Mr. Orlowski: O.K. Mr. Tedaldi: Will you be in touch with us? Mr. Orlowski: We will be in touch with you. Mr. Tedaldi: O.K., thank you very much. Fir. McDonald: I'll entertain a motion that we adjourn for executive session. Mr. Latham: Second. Mr. Orlowski: Motion made and seconded. Any questions on the motion? All those in favor? Ayes: Mr. McDonald, Mr. Latham, Mr. Edwards, F~. Orlowski. Fir. Orlowski: Opposed? So ordered. Mr. John Wickham - I talked with Melissa and Valerie about the possibility of putting a right-of-way down there which they want us to do but they won't pay for a right-of-way and I said that doesn't make sense because when you divide this area where they already own the development rights and this, or they ought to have the whole plot. What we are planning on doing now is holding twenty-five feet for a right-of-Way just inside the dike and this will give us an opportunity to repair the dike if we have to. Again, as I said there is 1900 feet there and there is 2000 feet of dike. Mr. Orlowski: Do you want to save this all as one piece? Mr. Wickham: Yes. Mr. Orlowski: It is not a buildable piece of land though. Mr. Wickham: Oh sure it is. This is all upland and the dike is all upland, this right here is two acres. ~here is something like one and three quarter acres of wetland andl I just want you to know what I am planning and make sure that you see no real problem. My own thinking is that this won't ewer be developed for at least fifty or sixty years, but since~they won't pay for the development rights, they won't buy the development rights on wetlands, shore front and in phase I they didn't buy, they only bought this far and we still own all of the wetlands down here. We own thirty acres. · PLANNING BOARD 33 AUGUST 13, 1990 Mr. Orlowski: Mr. Wickham: down here. Mr. Orlowski: Mr. Latham: Mr. Wickham: Is this at the first bend down here? It is the second curve, own farm road comes right This is the one that comes out here right? This is the dike right here? Yes, and we will keep twenty-five feet from here to here, we will keep twenty-five feet inside the dike. .This is good high land here. Mr. McDonald: How is it going to be accessed in the future? If it ever got built on in the future you would come in this way? Mr. Wickham: Yes. Mr. McDonald: These are sold though right? Mr. Wickham: Those are sold. You see we own all of this all the way up around the creek. Mr. McDonald: This creates a real problem if you try to develop here in the future. Mr. Orlowski: This is the inlet over here. Mr. McDonald: I thought you just said the development rights on this piece are sold. Mr. Orlowski: How would-you access this? Mr. Wickham: This twenty-five foot right-of-way. We're going to own a twenty-five foot strip if this was ever developed then there is probably no reason for having the dike, then we can level the dike and have fifty feet. Mr. Orlowski: You can't level the dike. Mr. McDonald: How would you level the dike? Mr. Wickham: Just get a bulldozer and level it. Mr. McDonald: You are in so many feet of the wetlands, how would you go ahead and level the dike. Mr. Wickham: We wouldn't put it out on the wetlands. Mr. Orlowski: The only thing that is savingyou now is that it is diked. Mr. Wickham: Well, I know that. PLANNING BOARD 34 AUGUST 13, 1990 Mr. Orlowski: We look at it as diked property and anything in back of it is upland. If you take that dike down, Mr. Wickham: Well, we wouldn't take it all the way down but you have got to remember that a lot of this is twenty foot contour. Mr. Orlowski: Yes, but still you are in within seventy five foot of the wetland. Mr. Wickham: What I am saying is that here isa twenty-five foot access that we own and it is not a right-a-way, it is twenty-five feet of access that we own. I can tell you what is going to happen, in my own opinion, and that is before seventy-five years are up and before we want to develop that somebody is going to say, we ought to dredge Wickham's creek channel, it is dredged up to here you see and it ought to be dredged all the way up. But that seventy-five years away and that is far beyond my time. Mr. Latham: What is this along here? Mr. Wickham: This is all wetlands, right here I actually dredged a slip to keep my boat because at that time I had a thirty-five foot so I dredged a slip right in there. What I want to do and I want you to all know that I am trying to be reasonable. Mr. Orlowski: What are you asking for? Mr. Wickham: I'm not asking for anything. I'm just asking for an opinion, does this make sense? Fir. Orlowski: Well, as far as selling the development rights and cutting this out, yes it does but you just have to realize later on that we probably won't be sitting here in seventy five years, I don't think. Well, Mr. Lathammight be. Mr. Wickham: I want somebody to be able to say, we came before the Planning Board on this date and they thought it made sense. Mr. Orlowski: Well, I know how the County works too and they want that cut out, they don't care what but they Will come in and just buy the development rights on this, leaving ydu that. You can do it without a subdivision or with a subdivision. Mr. Latham: Down in Orient, Eddie Latham had a similar situation. He soldsome years ago to the County~Farmland Development and he kept this down here and now he is going to do something out there that wasn't as good as this and now the State took all this. The DEC. Mr. Wickham: Well, I think you know we're offering to the Town of Southold for open space this ~hirty acres, plus. One thousand feet of Peconic Bay beach plus 1200 feet on this canal PLANNING BOARD 35 AUGUST 13, 1990 but the only thing is is that they are arguing about the appraisal. That is another case which I don't particularly want to discuss right now but they say it is not buildable land and I say hog wash. Mr. Orlowski: We don't have a problem with this. Mr. McDonald: You see without going through the process you can't do anything to it. Mr. Wickham: O.K., but I just want you to know and as I said before I am not trying to pull any fast one's on anybody and we'll do much better business if you know what I am talking about. (Planning Board went into executive session with representatives of San Simeon and Matt Kiernan). Bill Price - Said something about Section I. Mr. McDonald: I am not an attorney so I don't know if there are any other implications, if there are no other implications fine. Do it. Mr. Matt Kiernan: The endorsement of the condominium designation number units in no way indicates tacit approval of any part or all of it San simeon development by the Planning Board. Mr. McDonald: The only other problem we have is that we continue to have a disagreement about what we call Section I. Mr. Price: Section I is the unit designation map that we have submitted and that is what I referred to in my settlement conversation with Matt. That is what we need. Mr. McDonald: I understand, but all of our previous paper work on Section I refers to something else and all of our resolution says it continues to muddy the water about what Section I is and is not. Can we simply refer to it as a map submitted for such purposes as designation of a condominium. Mr. Price: Well, I appreciate it if it says Section I because what we are going to do is we're going to have four separate condominium corporations that are going to be umbr~llaedby a large condominium Section I and Section II. Instead of muddying the waters if you then define Section I as shown on this map, that's fine. If you want to think about it~ that is fine too. Mr. McDonald: I don't know, we've got two Section I's. Some resolutions refer to one Section I and some resolutions refer to another Section I, I just don't know what that does. . .~ PLANNING BOARD 36 AUGUST 13, 1990 Mr. Orlowski: We can do it with a special meeting by sometime next week. Mr. Price: That is fine. Mr. Orlowski: I' 11 entertain a motion to adjourn. 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. Edwards, Mr. Orlowski. Mr. Orlowski: Opposed? So ordered. Being there was no further business to be brought before the board the meeting was adjourned at 9:45 p.m. Jane Rousseau, RECEIVED AND FII. D BY I THE SOUTHOLD TOm CI.k~K Town Clerk, Town of Southold